A.R.S. § 9-463.05 — Arizona Code / Title 9 / Chapter 4 / Article 6.2 / Section 463.05
9-463.05 Development fees; imposition by cities and towns; infrastructure improvements plan; annual report; advisory committee; limitation on actions; definitions
Status: reserved

9-463.05. Development fees; imposition by cities and towns; infrastructure improvements plan; annual report; advisory committee; limitation on actions; definitions

A. A municipality may assess development fees to offset costs to the municipality associated with providing necessary public services to a development, including the costs of infrastructure, improvements, real property, engineering and architectural services, financing and professional services required for the preparation or revision of a development fee pursuant to this section, including the relevant portion of the infrastructure improvements plan.

B. Development fees assessed by a municipality under this section are subject to the following requirements:

1. Development fees shall result in a beneficial use to the development.

2. The municipality shall calculate the development fee based on the infrastructure improvements plan adopted pursuant to this section.

3. The development fee shall not exceed a proportionate share of the cost of necessary public services, based on service units, needed to provide necessary public services to the development.

4. Costs for necessary public services made necessary by new development shall be based on the same level of service provided to existing development in the service area.

5. Development fees may not be used for any of the following:

(a) Construction, acquisition or expansion of public facilities or assets other than necessary public services or facility expansions identified in the infrastructure improvements plan.

(b) Repair, operation or maintenance of existing or new necessary public services or facility expansions.

(c) Upgrading, updating, expanding, correcting or replacing existing necessary public services to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.

(d) Upgrading, updating, expanding, correcting or replacing existing necessary public services to provide a higher level of service to existing development.

(e) Administrative, maintenance or operating costs of the municipality.

6. Any development for which a development fee has been paid is entitled to the use and benefit of the services for which the fee was imposed and is entitled to receive immediate service from any existing facility with available capacity to serve the new service units if the available capacity has not been reserved or pledged in connection with the construction or financing of the facility.

7. Development fees may be collected if any of the following occurs:

(a) The collection is made to pay for a necessary public service or facility expansion that is identified in the infrastructure improvements plan and the municipality plans to complete construction and to have the service available within the time period established in the infrastructure improvement plan, but in no event longer than the time period provided in subsection H, paragraph 3 of this section.

(b) The municipality reserves in the infrastructure improvements plan adopted pursuant to this section or otherwise agrees to reserve capacity to serve future development.

(c) The municipality requires or agrees to allow the owner of a development to construct or finance the necessary public service or facility expansion and any of the following apply:

(i) The costs incurred or money advanced are credited against or reimbursed from the development fees otherwise due from a development.

(ii) The municipality reimburses the owner for those costs from the development fees paid from all developments that will use those necessary public services or facility expansions.

(iii) For those costs incurred the municipality allows the owner to assign the credits or reimbursement rights from the development fees otherwise due from a development to other developments for the same category of necessary public services in the same service area.

8. Projected interest charges and other finance costs may be included in determining the amount of development fees only if the monies are used for the payment of principal and interest on the portion of the bonds, notes or other obligations issued to finance construction of necessary public services or facility expansions identified in the infrastructure improvements plan.

9. Monies received from development fees assessed pursuant to this section shall be placed in a separate fund and accounted for separately and may only be used for the purposes authorized by this section. Monies received from a development fee identified in an infrastructure improvements plan adopted or updated pursuant to subsection D of this section shall be used to provide the same category of necessary public services or facility expansions for which the development fee was assessed and for the benefit of the same service area, as defined in the infrastructure improvements plan, in which the development fee was assessed.  Interest earned on monies in the separate fund shall be credited to the fund.

10. The schedule for payment of fees shall be provided by the municipality. Based on the cost identified in the infrastructure improvements plan, the municipality shall provide a credit toward the payment of a development fee for the required or agreed to dedication of public sites, improvements and other necessary public services or facility expansions included in the infrastructure improvements plan and for which a development fee is assessed, to the extent the public sites, improvements and necessary public services or facility expansions are provided by the developer. The developer of residential dwelling units shall be required to pay development fees when construction permits for the dwelling units are issued, or at a later time if specified in a development agreement pursuant to section 9-500.05.  If a development agreement provides for fees to be paid at a time later than the issuance of construction permits, the deferred fees shall be paid no later than fifteen days after the issuance of a certificate of occupancy.  The development agreement shall provide for the value of any deferred fees to be supported by appropriate security, including a surety bond, letter of credit or cash bond.

11. If a municipality requires as a condition of development approval the construction or improvement of, contributions to or dedication of any facilities that were not included in a previously adopted infrastructure improvements plan, the municipality shall cause the infrastructure improvements plan to be amended to include the facilities and shall provide a credit toward the payment of a development fee for the construction, improvement, contribution or dedication of the facilities to the extent that the facilities will substitute for or otherwise reduce the need for other similar facilities in the infrastructure improvements plan for which development fees were assessed.

12. The municipality shall forecast the contribution to be made in the future in cash or by taxes, fees, assessments or other sources of revenue derived from the property owner towards the capital costs of the necessary public service covered by the development fee and shall include these contributions in determining the extent of the burden imposed by the development. Beginning August 1, 2014, for purposes of calculating the required offset to development fees pursuant to this subsection, if a municipality imposes a construction contracting or similar excise tax rate in excess of the percentage amount of the transaction privilege tax rate imposed on the majority of other transaction privilege tax classifications, the entire excess portion of the construction contracting or similar excise tax shall be treated as a contribution to the capital costs of necessary public services provided to development for which development fees are assessed, unless the excess portion was already taken into account for such purpose pursuant to this subsection.

13. If development fees are assessed by a municipality, the fees shall be assessed against commercial, residential and industrial development, except that the municipality may distinguish between different categories of residential, commercial and industrial development in assessing the costs to the municipality of providing necessary public services to new development and in determining the amount of the development fee applicable to the category of development.  If a municipality agrees to waive any of the development fees assessed on a development, the municipality shall reimburse the appropriate development fee accounts for the amount that was waived. The municipality shall provide notice of any such waiver to the advisory committee established pursuant to subsection G of this section within thirty days.

14. In determining and assessing a development fee applying to land in a community facilities district established under title 48, chapter 4, article 6, the municipality shall take into account all public infrastructure provided by the district and capital costs paid by the district for necessary public services and shall not assess a portion of the development fee based on the infrastructure or costs.

C. A municipality shall give at least thirty days' advance notice of intention to assess a development fee and shall release to the public and post on its website or the website of an association of cities and towns if a municipality does not have a website a written report of the land use assumptions and infrastructure improvements plan adopted pursuant to subsection D of this section.  The municipality shall conduct a public hearing on the proposed development fee at any time after the expiration of the thirty day notice of intention to assess a development fee and at least thirty days before the scheduled date of adoption of the fee by the governing body. Within sixty days after the date of the public hearing on the proposed development fee, a municipality shall approve or disapprove the imposition of the development fee. A municipality shall not adopt an ordinance, order or resolution approving a development fee as an emergency measure. A development fee assessed pursuant to this section shall not be effective until seventy-five days after its formal adoption by the governing body of the municipality. Nothing in this subsection shall affect any development fee adopted before July 24, 1982.

D. Before the adoption or amendment of a development fee, the governing body of the municipality shall adopt or update the land use assumptions and infrastructure improvements plan for the designated service area. The municipality shall conduct a public hearing on the land use assumptions and infrastructure improvements plan at least thirty days before the adoption or update of the plan.  The municipality shall release the plan to the public, post the plan on its website or the website of an association of cities and towns if the municipality does not have a website, including in the posting its land use assumptions, the time period of the projections, a description of the necessary public services included in the infrastructure improvements plan and a map of the service area to which the land use assumptions apply, make available to the public the documents used to prepare the assumptions and plan and provide public notice at least sixty days before the public hearing, subject to the following:

1. The land use assumptions and infrastructure improvements plan shall be approved or disapproved within sixty days after the public hearing on the land use assumptions and infrastructure improvements plan and at least thirty days before the public hearing on the report required by subsection C of this section.  A municipality shall not adopt an ordinance, order or resolution approving the land use assumptions or infrastructure improvements plan as an emergency measure.

2. An infrastructure improvements plan shall be developed by qualified professionals using generally accepted engineering and planning practices pursuant to subsection E of this section.

3. A municipality shall update the land use assumptions and infrastructure improvements plan at least every five years. The initial five year period begins on the day the infrastructure improvements plan is adopted.  The municipality shall review and evaluate its current land use assumptions and shall cause an update of the infrastructure improvements plan to be prepared pursuant to this section.

4. Within sixty days after completion of the updated land use assumptions and infrastructure improvements plan, the municipality shall schedule and provide notice of a public hearing to discuss and review the update and shall determine whether to amend the assumptions and plan.

5. A municipality shall hold a public hearing to discuss the proposed amendments to the land use assumptions, the infrastructure improvements plan or the development fee.  The land use assumptions and the infrastructure improvements plan, including the amount of any proposed changes to the development fee per service unit, shall be made available to the public on or before the date of the first publication of the notice of the hearing on the amendments.

6. The notice and hearing procedures prescribed in paragraph 1 of this subsection apply to a hearing on the amendment of land use assumptions, an infrastructure improvements plan or a development fee. Within sixty days after the date of the public hearing on the amendments, a municipality shall approve or disapprove the amendments to the land use assumptions, infrastructure improvements plan or development fee.  A municipality shall not adopt an ordinance, order or resolution approving the amended land use assumptions, infrastructure improvements plan or development fee as an emergency measure.

7. The advisory committee established under subsection G of this section shall file its written comments on any proposed or updated land use assumptions, infrastructure improvements plan and development fees before the fifth business day before the date of the public hearing on the proposed or updated assumptions, plan and fees.

8. If, at the time an update as prescribed in paragraph 3 of this subsection is required, the municipality determines that no changes to the land use assumptions, infrastructure improvements plan or development fees are needed, the municipality may as an alternative to the updating requirements of this subsection publish notice of its determination on its website and include the following:

(a) A statement that the municipality has determined that no change to the land use assumptions, infrastructure improvements plan or development fee is necessary.

(b) A description and map of the service area in which an update has been determined to be unnecessary.

(c) A statement that by a specified date, which shall be at least sixty days after the date of publication of the first notice, a person may make a written request to the municipality requesting that the land use assumptions, infrastructure improvements plan or development fee be updated.

(d) A statement identifying the person or entity to whom the written request for an update should be sent.

9. If, by the date specified pursuant to paragraph 8 of this subsection, a person requests in writing that the land use assumptions, infrastructure improvements plan or development fee be updated, the municipality shall cause, accept or reject an update of the assumptions and plan to be prepared pursuant to this subsection.

10. Notwithstanding the notice and hearing requirements for adoption of an infrastructure improvements plan, a municipality may amend an infrastructure improvements plan adopted pursuant to this section without a public hearing if the amendment addresses only elements of necessary public services in the existing infrastructure improvements plan and the changes to the plan will not, individually or cumulatively with other amendments adopted pursuant to this subsection, increase the level of service in the service area or cause a development fee increase of greater than five per cent when a new or modified development fee is assessed pursuant to this section.  The municipality shall provide notice of any such amendment at least thirty days before adoption, shall post the amendment on its website or on the website of an association of cities and towns if the municipality does not have a website and shall provide notice to the advisory committee established pursuant to subsection G of this section that the amendment complies with this subsection.

E. For each necessary public service that is the subject of a development fee, the infrastructure improvements plan shall include:

1. A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable.

2. An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable.

3. A description of all or the parts of the necessary public services or facility expansions and their costs necessitated by and attributable to development in the service area based on the approved land use assumptions, including a forecast of the costs of infrastructure, improvements, real property, financing, engineering and architectural services, which shall be prepared by qualified professionals licensed in this state, as applicable.

4. A table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial and industrial.

5. The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria.

6. The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years.

7. A forecast of revenues generated by new service units other than development fees, which shall include estimated state-shared revenue, highway users revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions, and a plan to include these contributions in determining the extent of the burden imposed by the development as required in subsection B, paragraph 12 of this section.

F. A municipality's development fee ordinance shall provide that a new development fee or an increased portion of a modified development fee shall not be assessed against a development for twenty-four months after the date that the municipality issues the final approval for a commercial, industrial or multifamily development or the date that the first building permit is issued for a residential development pursuant to an approved site plan or subdivision plat, provided that no subsequent changes are made to the approved site plan or subdivision plat that would increase the number of service units. If the number of service units increases, the new or increased portion of a modified development fee shall be limited to the amount attributable to the additional service units.  The twenty-four month period shall not be extended by a renewal or amendment of the site plan or the final subdivision plat that was the subject of the final approval.  The municipality shall issue, on request, a written statement of the development fee schedule applicable to the development.  If, after the date of the municipality's final approval of a development, the municipality reduces the development fee assessed on development, the reduced fee shall apply to the development.

G. A municipality shall do one of the following:

1. Before the adoption of proposed or updated land use assumptions, infrastructure improvements plan and development fees as prescribed in subsection D of this section, the municipality shall appoint an infrastructure improvements advisory committee, subject to the following requirements:

(a) The advisory committee shall be composed of at least five members who are appointed by the governing body of the municipality.  At least fifty per cent of the members of the advisory committee must be representatives of the real estate, development or building industries, of which at least one member of the committee must be from the home building industry. Members shall not be employees or officials of the municipality.

(b) The advisory committee shall serve in an advisory capacity and shall:

(i) Advise the municipality in adopting land use assumptions and in determining whether the assumptions are in conformance with the general plan of the municipality.

(ii) Review the infrastructure improvements plan and file written comments.

(iii) Monitor and evaluate implementation of the infrastructure improvements plan.

(iv) Every year file reports with respect to the progress of the infrastructure improvements plan and the collection and expenditures of development fees and report to the municipality any perceived inequities in implementing the plan or imposing the development fee.

(v) Advise the municipality of the need to update or revise the land use assumptions, infrastructure improvements plan and development fee.

(c) The municipality shall make available to the advisory committee any professional reports with respect to developing and implementing the infrastructure improvements plan.

(d) The municipality shall adopt procedural rules for the advisory committee to follow in carrying out the committee's duties.

2. In lieu of creating an advisory committee pursuant to paragraph 1 of this subsection, provide for a biennial certified audit of the municipality's land use assumptions, infrastructure improvements plan and development fees.  An audit pursuant to this paragraph shall be conducted by one or more qualified professionals who are not employees or officials of the municipality and who did not prepare the infrastructure improvements plan.  The audit shall review the progress of the infrastructure improvements plan, including the collection and expenditures of development fees for each project in the plan, and evaluate any inequities in implementing the plan or imposing the development fee.  The municipality shall post the findings of the audit on the municipality's website or the website of an association of cities and towns if the municipality does not have a website and shall conduct a public hearing on the audit within sixty days of the release of the audit to the public.

H. On written request, an owner of real property for which a development fee has been paid after July 31, 2014 is entitled to a refund of a development fee or any part of a development fee if:

1. Pursuant to subsection B, paragraph 6 of this section, existing facilities are available and service is not provided.

2. The municipality has, after collecting the fee to construct a facility when service is not available, failed to complete construction within the time period identified in the infrastructure improvements plan, but in no event later than the time period specified in paragraph 3 of this subsection.

3. For a development fee other than a development fee for water or wastewater facilities, any part of the development fee is not spent as authorized by this section within ten years after the fee has been paid or, for a development fee for water or wastewater facilities, any part of the development fee is not spent as authorized by this section within fifteen years after the fee has been paid.

I. If the development fee was collected for the construction of all or a portion of a specific item of infrastructure, and on completion of the infrastructure the municipality determines that the actual cost of construction was less than the forecasted cost of construction on which the development fee was based and the difference between the actual and estimated cost is greater than ten per cent, the current owner may receive a refund of the portion of the development fee equal to the difference between the development fee paid and the development fee that would have been due if the development fee had been calculated at the actual construction cost.

J. A refund shall include any interest earned by the municipality from the date of collection to the date of refund on the amount of the refunded fee.  All refunds shall be made to the record owner of the property at the time the refund is paid.  If the development fee is paid by a governmental entity, the refund shall be paid to the governmental entity.

K. A development fee that was adopted before January 1, 2012 may continue to be assessed only to the extent that it will be used to provide a necessary public service for which development fees can be assessed pursuant to this section and shall be replaced by a development fee imposed under this section on or before August 1, 2014.  Any municipality having a development fee that has not been replaced under this section on or before August 1, 2014 shall not collect development fees until the development fee has been replaced with a fee that complies with this section.  Any development fee monies collected before January 1, 2012 remaining in a development fee account:

1. Shall be used towards the same category of necessary public services as authorized by this section.

2. If development fees were collected for a purpose not authorized by this section, shall be used for the purpose for which they were collected on or before January 1, 2020, and after which, if not spent, shall be distributed equally among the categories of necessary public services authorized by this section.

L. A moratorium shall not be placed on development for the sole purpose of awaiting completion of all or any part of the process necessary to develop, adopt or update development fees.

M. In any judicial action interpreting this section, all powers conferred on municipal governments in this section shall be narrowly construed to ensure that development fees are not used to impose on new residents a burden all taxpayers of a municipality should bear equally.

N. Each municipality that assesses development fees shall submit an annual report accounting for the collection and use of the fees for each service area.  The annual report shall include the following:

1. The amount assessed by the municipality for each type of development fee.

2. The balance of each fund maintained for each type of development fee assessed as of the beginning and end of the fiscal year.

3. The amount of interest or other earnings on the monies in each fund as of the end of the fiscal year.

4. The amount of development fee monies used to repay:

(a) Bonds issued by the municipality to pay the cost of a capital improvement project that is the subject of a development fee assessment, including the amount needed to repay the debt service obligations on each facility for which development fees have been identified as the source of funding and the time frames in which the debt service will be repaid.

(b) Monies advanced by the municipality from funds other than the funds established for development fees in order to pay the cost of a capital improvement project that is the subject of a development fee assessment, the total amount advanced by the municipality for each facility, the source of the monies advanced and the terms under which the monies will be repaid to the municipality.

5. The amount of development fee monies spent on each capital improvement project that is the subject of a development fee assessment and the physical location of each capital improvement project.

6. The amount of development fee monies spent for each purpose other than a capital improvement project that is the subject of a development fee assessment.

O. Within ninety days following the end of each fiscal year, each municipality shall submit a copy of the annual report to the city clerk and post the report on the municipality's website or the website of an association of cities and towns if the municipality does not have a website. Copies shall be made available to the public on request.  The annual report may contain financial information that has not been audited.

P. A municipality that fails to file the report and post the report on the municipality's website or the website of an association of cities and towns if the municipality does not have a website as required by this section shall not collect development fees until the report is filed and posted.

Q. Any action to collect a development fee shall be commenced within two years after the obligation to pay the fee accrues.

R. A municipality may continue to assess a development fee adopted before January 1, 2012 for any facility that was financed before June 1, 2011 if:

1. Development fees were pledged to repay debt service obligations related to the construction of the facility.

2. After August 1, 2014, any development fees collected under this subsection are used solely for the payment of principal and interest on the portion of the bonds, notes or other debt service obligations issued before June 1, 2011 to finance construction of the facility.

S. Through August 1, 2014, a development fee adopted before January 1, 2012 may be used to finance construction of a facility and may be pledged to repay debt service obligations if:

1. The facility that is being financed is a facility that is described under subsection T, paragraph 7, subdivisions (a) through (g) of this section.

2. The facility was included in an infrastructure improvements plan adopted before June 1, 2011.

3. The development fees are used for the payment of principal and interest on the portion of the bonds, notes or other debt service obligations issued to finance construction of the necessary public services or facility expansions identified in the infrastructure improvement plan.

T. For the purposes of this section:

1. "Dedication" means the actual conveyance date or the date an improvement, facility or real or personal property is placed into service, whichever occurs first.

2. "Development" means:

(a) The subdivision of land.

(b) The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that adds or increases the number of service units.

(c) Any use or extension of the use of land that increases the number of service units.

3. "Facility expansion" means the expansion of the capacity of an existing facility that serves the same function as an otherwise new necessary public service in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development.

4. "Final approval" means:

(a) For a nonresidential or multifamily development, the approval of a site plan or, if no site plan is submitted for the development, the approval of a final subdivision plat.

(b) For a single family residential development, the approval of a final subdivision plat.

5. "Infrastructure improvements plan" means a written plan that identifies each necessary public service or facility expansion that is proposed to be the subject of a development fee and otherwise complies with the requirements of this section, and may be the municipality's capital improvements plan.

6. "Land use assumptions" means projections of changes in land uses, densities, intensities and population for a specified service area over a period of at least ten years and pursuant to the general plan of the municipality.

7. "Necessary public service" means any of the following facilities that have a life expectancy of three or more years and that are owned and operated by or on behalf of the municipality:

(a) Water facilities, including the supply, transportation, treatment, purification and distribution of water, and any appurtenances for those facilities.

(b) Wastewater facilities, including collection, interception, transportation, treatment and disposal of wastewater, and any appurtenances for those facilities.

(c) Storm water, drainage and flood control facilities, including any appurtenances for those facilities.

(d) Library facilities of up to ten thousand square feet that provide a direct benefit to development, not including equipment, vehicles or appurtenances.

(e) Street facilities located in the service area, including arterial or collector streets or roads that have been designated on an officially adopted plan of the municipality, traffic signals and rights-of-way and improvements thereon.

(f) Fire and police facilities, including all appurtenances, equipment and vehicles.  Fire and police facilities do not include a facility or portion of a facility that is used to replace services that were once provided elsewhere in the municipality, vehicles and equipment used to provide administrative services, helicopters or airplanes or a facility that is used for training firefighters or officers from more than one station or substation.

(g) Neighborhood parks and recreational facilities on real property up to thirty acres in area, or parks and recreational facilities larger than thirty acres if the facilities provide a direct benefit to the development.  Park and recreational facilities do not include vehicles, equipment or that portion of any facility that is used for amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, zoo facilities or similar recreational facilities, but may include swimming pools.

(h) Any facility that was financed and that meets all of the requirements prescribed in subsection R of this section.

8. "Qualified professional" means a professional engineer, surveyor, financial analyst or planner providing services within the scope of the person's license, education or experience.

9. "Service area" means any specified area within the boundaries of a municipality in which development will be served by necessary public services or facility expansions and within which a substantial nexus exists between the necessary public services or facility expansions and the development being served as prescribed in the infrastructure improvements plan.

10. "Service unit" means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated pursuant to generally accepted engineering or planning standards for a particular category of necessary public services or facility expansions.
A.R.S. § 9-500.17 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.17
9-500.17 Acceleration agreements; loan repayment agreements
Status: in_force

9-500.17. Acceleration agreements; loan repayment agreements

A. Pursuant to section 28-7677, a city or town may enter into agreements with the department of transportation for the acceleration of right-of-way acquisition, design or construction of an eligible highway project or an eligible transit capital project as defined in section 28-7671 and may advance monies to the department of transportation pursuant to those agreements.

B. A loan repayment agreement as defined in section 28-7671 entered into by a city or town may be paid from and may be secured by a pledge of highway user revenues received by the city or town from this state pursuant to title 28, chapter 18, article 2 and section 42-6107. The pledge may be on a parity with any pledge previously or hereafter made by the city or town pursuant to section 48-690. If a city or town pledges those highway user revenues to a loan repayment agreement, the principal and interest requirements on the loan repayment agreement may be treated as if they were principal and interest on bonds issued under title 48, chapter 4, article 4 for all purposes of sections 48-689 and 48-691.

C. Pursuant to title 28, chapter 21, article 7, a city or town may do both of the following:

1. Enter into agreements with the department of transportation, a regional planning agency, metropolitan planning organization or council of governments, a regional public transportation authority established pursuant to section 48-5102 or a designated grant recipient for the acceleration of a transportation project as defined in section 28-7671.

2. Advance monies to the department of transportation, a regional planning agency, metropolitan planning organization or council of governments, a regional public transportation authority or a designated grant recipient pursuant to the agreements described in paragraph 1 of this subsection.
A.R.S. § 9-463.01 — Arizona Code / Title 9 / Chapter 4 / Article 6.2 / Section 463.01
9-463.01 Authority
Status: reserved

9-463.01. Authority

A. Pursuant to this article, the legislative body of every municipality shall regulate the subdivision of all lands within its corporate limits.

B. The legislative body of a municipality shall exercise the authority granted in subsection A of this section by ordinance prescribing:

1. Procedures to be followed in the preparation, submission, review and approval or rejection of all final plats.

2. Standards governing the design of subdivision plats.

3. Minimum requirements and standards for the installation of subdivision streets, sewer and water utilities and improvements as a condition of final plat approval.

C. By ordinance, the legislative body of any municipality shall:

1. Require the preparation, submission and approval of a preliminary plat as a condition precedent to submission of a final plat.

2. Establish the procedures to be followed in the preparation, submission, review and approval of preliminary plats.

3. Make requirements as to the form and content of preliminary plats.

4. Either determine that certain lands may not be subdivided, by reason of adverse topography, periodic inundation, adverse soils, subsidence of the earth's surface, high water table, lack of water or other natural or man-made hazard to life or property, or control the lot size, establish special grading and drainage requirements and impose other regulations deemed reasonable and necessary for the public health, safety or general welfare on any lands to be subdivided affected by such characteristics.

5. Require payment of a proper and reasonable fee by the subdivider based on the number of lots or parcels on the surface of the land to defray municipal costs of plat review and site inspection.

6. Require the dedication of public streets, sewer and water utility easements or rights-of-way, within the proposed subdivision.

7. Require the preparation and submission of acceptable engineering plans and specifications for the installation of required street, sewer, electric and water utilities, drainage, flood control, adequacy of water and improvements as a condition precedent to recordation of an approved final plat.

8. Require the posting of performance bonds, assurances or such other security as may be appropriate and necessary to assure the installation of required street, sewer, electric and water utilities, drainage, flood control and improvements meeting established minimum standards of design and construction. The municipality may allow an applicant to request a hold on the issuance of a certificate of occupancy as a security required by this paragraph to assure the installation of the required streets, sewer, electric and water utilities, drainage, flood control and improvements meeting established standards of design and construction.

D. The legislative body of any municipality may require by ordinance that land areas within a subdivision be reserved for parks, recreational facilities, school sites and fire stations subject to the following conditions:

1. The requirement may only be made on preliminary plats filed at least thirty days after the adoption of a general or specific plan affecting the land area to be reserved.

2. The required reservations are in accordance with definite principles and standards adopted by the legislative body.

3. The land area reserved shall be of such a size and shape as to allow the remainder of the land area of the subdivision within which the reservation is located to develop in an orderly and efficient manner.

4. The land area reserved shall be in such multiples of streets and parcels as to allow an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

5. If groundwater savings credits have been pledged to a certificate of assured water supply for a subdivision, a municipality may not condition final approval of the subdivision plat on inclusion of a school site within the subdivision plat unless all of the following apply:

(a) The municipality pledges to the certificate of assured water supply a volume of water that is equal to the probable water use on the school site as determined by the director of the department of water resources.

(b) The water pledged by a municipality pursuant to this paragraph meets all requirements for inclusion as an assured water supply as prescribed in title 45, chapter 2.

(c) The municipality does not require an applicant for final plat approval to procure or provide monies to procure water that is required to be pledged by a municipality pursuant to this paragraph.

E. The public agency for whose benefit an area has been reserved shall have a period of one year after recording the final subdivision plat to enter into an agreement to acquire such reserved land area. The purchase price shall be the fair market value of the reserved land area at the time of the filing of the preliminary subdivision plat plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including the interest cost incurred on any loan covering such reserved area.

F. If the public agency for whose benefit an area has been reserved does not exercise the reservation agreement set forth in subsection E of this section within such one-year period or such extended period as may be mutually agreed on by such public agency and the subdivider, the reservation of such area shall terminate.

G. The legislative body of every municipality shall comply with this article and applicable state statutes pertaining to the hearing, approval or rejection, and recordation of:

1. Final subdivision plats.

2. Plats filed for the purpose of reverting to acreage of land previously subdivided.

3. Plats filed for the purpose of vacating streets or easements previously dedicated to the public.

4. Plats filed for the purpose of vacating or redescribing lot or parcel boundaries previously recorded.

H. Approval of every preliminary and final plat by a legislative body is conditioned on compliance by the subdivider with:

1. Rules as may be established by the department of transportation relating to provisions for the safety of entrance on and departure from abutting state primary highways.

2. Rules as may be established by a county flood control district relating to the construction or prevention of construction of streets in land established as being subject to periodic inundation.

3. Rules as may be established by the department of health services or a county health department relating to the provision of domestic water supply and sanitary sewage disposal.

I. If the subdivision is composed of subdivided lands, as defined in section 32-2101, and is within an active management area, as defined in section 45-402, the final plat shall not be approved unless it is accompanied by a certificate of assured water supply issued by the director of water resources, or unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply by the director of water resources pursuant to section 45-576 or is exempt from the requirement pursuant to section 45-576. The legislative body of the municipality shall note on the face of the final plat that a certificate of assured water supply has been submitted with the plat or that the subdivider has obtained a written commitment of water service for the proposed subdivision from a city, town or private water company designated as having an assured water supply, pursuant to section 45-576, or is exempt from the requirement pursuant to section 45-576.

J. Except as provided in subsections K and P of this section, if the subdivision is composed of subdivided lands as defined in section 32-2101 outside of an active management area and the director of water resources has given written notice to the municipality pursuant to section 45-108, subsection H, the final plat shall not be approved unless one of the following applies:

1. The director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 and the subdivider has included the report with the plat.

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.

K. The legislative body of a municipality that has received written notice from the director of water resources pursuant to section 45-108, subsection H or that has adopted an ordinance pursuant to subsection O of this section may provide by ordinance an exemption from the requirement in subsection J or O of this section for a subdivision that the director of water resources has determined will have an inadequate water supply because the water supply will be transported to the subdivision by motor vehicle or train if all of the following apply:

1. The legislative body determines that there is no feasible alternative water supply for the subdivision and that the transportation of water to the subdivision will not constitute a significant risk to the health and safety of the residents of the subdivision.

2. If the water to be transported to the subdivision will be withdrawn or diverted in the service area of a municipal provider as defined in section 45-561, the municipal provider has consented to the withdrawal or diversion.

3. If the water to be transported is groundwater, the transportation complies with the provisions governing the transportation of groundwater in title 45, chapter 2, article 8.

4. The transportation of water to the subdivision meets any additional conditions imposed by the legislative body.

L. A municipality that adopts the exemption authorized by subsection K of this section shall give written notice of the adoption of the exemption, including a certified copy of the ordinance containing the exemption, to the director of water resources, the director of environmental quality and the state real estate commissioner. If the municipality later rescinds the exemption, the municipality shall give written notice of the rescission to the director of water resources, the director of environmental quality and the state real estate commissioner. A municipality that rescinds an exemption adopted pursuant to subsection K of this section shall not readopt the exemption for at least five years after the rescission becomes effective.

M. If the legislative body of a municipality approves a subdivision plat pursuant to subsection J, paragraph 1 or 2 or subsection O of this section, the legislative body shall note on the face of the plat that the director of water resources has reported that the subdivision has an adequate water supply or that the subdivider has obtained a commitment of water service for the proposed subdivision from a city, town or private water company designated as having an adequate water supply pursuant to section 45-108.

N. If the legislative body of a municipality approves a subdivision plat pursuant to an exemption authorized by subsection K of this section or granted by the director of water resources pursuant to section 45-108.02 or 45-108.03:

1. The legislative body shall give written notice of the approval to the director of water resources and the director of environmental quality.

2. The legislative body shall include on the face of the plat a statement that the director of water resources has determined that the water supply for the subdivision is inadequate and a statement describing the exemption under which the plat was approved, including a statement that the legislative body or the director of water resources, whichever applies, has determined that the specific conditions of the exemption were met. If the director subsequently informs the legislative body that the subdivision is being served by a water provider that has been designated by the director as having an adequate water supply pursuant to section 45-108, the legislative body shall record in the county recorder's office a statement disclosing that fact.

O. If a municipality has not been given written notice by the director of water resources pursuant to section 45-108, subsection H, the legislative body of the municipality, to protect the public health and safety, may provide by ordinance that, except as provided in subsections K and P of this section, the final plat of a subdivision located in the municipality and outside of an active management area will not be approved by the legislative body unless the director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 or 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. Before holding a public hearing to consider whether to enact an ordinance pursuant to this subsection, a municipality shall provide written notice of the hearing to the board of supervisors of the county in which the municipality is located. A municipality that enacts an ordinance pursuant to this subsection shall give written notice of the enactment of the ordinance, including a certified copy of the ordinance, to the director of water resources, the director of environmental quality, the state real estate commissioner and the board of supervisors of the county in which the municipality is located. If a municipality enacts an ordinance pursuant to this subsection, water providers may be eligible to receive monies in a water supply development fund, as otherwise provided by law.

P. Subsections J and O of this section do not apply to:

1. A proposed subdivision that the director of water resources has determined will have an inadequate water supply pursuant to section 45-108 if the director grants an exemption for the subdivision pursuant to section 45-108.02 and the exemption has not expired or if the director grants an exemption pursuant to section 45-108.03.

2. A proposed subdivision that received final plat approval from the municipality before the requirement for an adequate water supply became effective in the municipality if the plat has not been materially changed since it received the final plat approval.  If changes were made to the plat after the plat received 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. If the municipality approves a plat pursuant to this paragraph and the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the municipality shall note this on the face of the plat.

Q. If the subdivision is composed of subdivided lands as defined in section 32-2101 outside of an active management area and the municipality has not received written notice pursuant to section 45-108, subsection H and has not adopted an ordinance pursuant to subsection O of this section:

1. If the director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 or if 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, the municipality shall note this on the face of the plat if the plat is approved.

2. If the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the municipality shall note this on the face of the plat if the plat is approved.

R. Every municipality is responsible for the recordation of all final plats approved by the legislative body and shall receive from the subdivider and transmit to the county recorder the recordation fee established by the county recorder.

S. Pursuant to provisions of applicable state statutes, the legislative body of any municipality may itself prepare or have prepared a plat for the subdivision of land under municipal ownership.

T. The legislative bodies of cities and towns may regulate by ordinance land splits within their corporate limits. Authority granted under this section refers to the determination of division lines, area and shape of the tracts or parcels and does not include authority to regulate the terms or condition of the sale or lease nor does it include the authority to regulate the sale or lease of tracts or parcels that are not the result of land splits as defined in section 9-463.

U. For any subdivision that consists of ten or fewer lots, tracts or parcels, each of which is of a size as prescribed by the legislative body, the legislative body of each municipality may expedite the processing of or waive the requirement to prepare, submit and receive approval of a preliminary plat as a condition precedent to submitting a final plat and may waive or reduce infrastructure standards or requirements proportional to the impact of the subdivision. Requirements for dust-controlled access and drainage improvements shall not be waived.
A.R.S. § 9-1303 — Arizona Code / Title 9 / Chapter 12 / Article 1 / Section 1303
9-1303 Material affect on health and safety of occupants
Status: in_force

9-1303. Material affect on health and safety of occupants

For the purposes of this chapter, a condition that materially affects the health and safety of the occupants of a residential rental dwelling unit includes any of the following conditions:

1. Inadequate sanitation, ventilation or space requirements, including the following:

(a) Lack of or inadequate water closets, lavatories, bathtubs or showers.

(b) Lack of a required kitchen sink or a kitchen sink that does not comply with the building code of the city or town in which the property is located.

(c) Lack of hot and cold running water to plumbing fixtures.

(d) Lack of adequate heating and cooling.

(e) Lack of or improper operation of required ventilating equipment or broken or missing windows or doors that create a hazardous condition or a potential attraction to trespassers.

(f) Lack of minimum amounts of natural light and ventilation as required by the building code.

(g) Inadequate room and space dimensions as required by the building code.

(h) Lack of required adequate electricity and lighting as required by the building code.

(i) Infestation of insects, vermin or rodents.

(j) Lack of connection to a sewage disposal system as required by the building code.

(k) Lack of adequate garbage and rubbish storage and removal facilities.

2. Structural hazards, including the following:

(a) Significantly deteriorated or inadequate foundations or foundation areas that are not provided with adequate drainage.

(b) Flooring or floor supports of insufficient size to carry imposed loads with safety.

(c) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

(d) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that significantly sag, split or buckle due to defective material or deterioration.

(e) Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration or that are of insufficient size or strength to carry imposed loads with safety.

3. Hazardous wiring that does not conform with the building code or that has not been maintained in good condition, or both, and that is not being used in a safe manner.

4. Hazardous plumbing that does not conform with the building code or that has not been maintained in good condition, or both, and that is not free of cross-connections and siphonage between fixtures.

5. Hazardous mechanical equipment including vents that do not conform with the building code or that have not been maintained in good and safe condition and that are not working properly.

6. Faulty weather protection that may include:

(a) Significantly deteriorated, crumbling or loose plaster.

(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.

(c) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

(d) Broken, rotted, split or buckled exterior wall coverings or roof coverings.

7. Fire hazards or inadequate fire protection, including:

(a) Any building or portion of a building or any device, apparatus, equipment, combustible waste or vegetation that is not in compliance with the building code and that is in such a condition as to cause a fire or explosion or to provide a ready fuel to augment the spread and intensity of a fire or explosion arising from any cause.

(b) Any building or portion of a building that is not provided with fire-resistive construction or fire extinguishing systems or equipment required by the building code, except those buildings or portions of buildings that conformed with all applicable building code laws and that have fire-resistive integrity and fire extinguishing systems or equipment that has been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

(c) Lack of adequate fire detection systems as required by law.

8. Faulty materials or construction that is not specifically allowed or approved by the building code or that has not been adequately maintained in good and safe condition.

9. Hazardous or unsanitary premises, including those premises on which an accumulation of weeds, vegetation, refuse, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards.

10. Inadequate maintenance, including any building or portion of a building that is determined to be an unsafe building in accordance with the building code.

11. Unhealthy conditions, including any condition as defined in the building code that results in the failure to maintain minimum standards of sanitation, health or safety or that renders air, food or drink unwholesome or detrimental to health.

12. Inadequate exits, including all buildings or portions of a building that are not provided with adequate exit facilities as required by the building code and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

13. Improper occupancy, including all buildings or portions of a building that are occupied for living, sleeping, cooking or dining purposes and that were not designed and permitted to be used for such occupancies, or that are occupied in excess of the maximum occupancy load allowed by any applicable provision of the building code or state law.
A.R.S. § 9-519 — Arizona Code / Title 9 / Chapter 5 / Article 2 / Section 519
9-519 Common carriers; duplication of service prohibited
Status: in_force

9-519. Common carriers; duplication of service prohibited

When territory within or without the corporate limits of a municipal corporation is being adequately served by a common carrier of passengers under authority of law, the municipal corporation shall not engage in business as a common carrier of passengers over the route or routes or within the territory being served by the common carrier.
A.R.S. § 9-238 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 238
9-238 Duties of appointive officers
Status: in_force

9-238. Duties of appointive officers

A. The town clerk shall also be treasurer of the town. The town marshal shall be collector of all taxes of the town. The town engineer shall have charge of the town streets, sewers and water works, and in towns of three thousand or more inhabitants, shall be a competent engineer.

B. In towns of less than three thousand inhabitants the town marshal, in addition to his duties as town marshal, may act as town engineer.
A.R.S. § 9-918 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 918
9-918 Compensation of pension board members; liability on bonds
Status: in_force

9-918. Compensation of pension board members; liability on bonds

No member of the board shall receive compensation for services performed as a member or employee of the board. The ex officio members shall be liable on their official bonds for any misconduct in connection with the performance of their duties as such.
A.R.S. § 9-461.19 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.19
9-461.19 Municipal allowed ancillary use; multifamily residential housing; hotel use; regulations; applicability; definitions
Status: in_force

9-461.19. Municipal allowed ancillary use; multifamily residential housing; hotel use; regulations; applicability; definitions

A. Notwithstanding any other law, a municipality with a population of two hundred thousand or more persons but not more than five hundred thousand persons shall allow hotel use and multifamily residential housing as an allowed ancillary use on land that is vacant as of the date of the building permit application for the allowed ancillary use in a zoning district that allows light industrial use without requiring any type of application that will require a public hearing if the ancillary use meets both of the following criteria:

1. The ancillary use is located within an international headquarters campus that is solely owned by either a single entity or related entities at the time that development of the international headquarters campus commences and, on completion, the international headquarters on the international headquarters campus will employ more than one thousand full-time employees at an average annual compensation of more than one hundred twenty-five percent of the median wage of the county where the international headquarters campus is located.

2. The international headquarters campus that contains the ancillary use is bound by a recorded instrument that is enforceable by the municipality and that does both of the following:

(a) Restricts occupancy in at least thirty percent of the multifamily residential housing units located on the international headquarters campus, which may include units designated pursuant to subsection I of this section at the discretion of the developer, to individuals who are employed at the international headquarters, or who are police officers, firefighters, teachers, veterans or health care workers and who work within five miles of the international headquarters campus or who are the families of individuals employed at the international headquarters. The recorded instrument must also provide that the municipality where the international headquarters campus is located, in the municipality's sole and absolute discretion, may waive the occupancy requirement.

(b) Prohibits an agreement for occupancy of any multifamily residential housing unit within the international headquarters campus for a period of less than ninety consecutive days and limits occupancy to the same occupants for the entirety of the ninety consecutive days unless a tenant of the multifamily residential housing unit is an employee or contractor of an entity located within the international headquarters campus and that employee or contractor performs job duties at the international headquarters. This subdivision does not apply to multifamily housing developments that are platted for individual ownership of units.

B. An ancillary use is subject to compliance with generally applicable municipal building codes and fire codes and the objective development standards pursuant to subsection E of this section.

C. The governing body of the municipality may not unreasonably withhold a building permit or unreasonably delay a building inspection or a certificate of occupancy for an ancillary use that complies with one of the following:

1. For international headquarters campuses that include multifamily residential housing units as an ancillary use pursuant to this section, a municipality shall allow a number of multifamily residential units within the international headquarters campus that are equal to twenty-seven units per gross acre based on the total gross acreage of the international headquarters campus.

2. For campuses that include hotel use as an ancillary use pursuant to this section, a municipality shall allow a number of hotel rooms within the international headquarters campus equal to ten hotel rooms per gross acre based on the total gross acreage of the international headquarters campus.  At least ten percent of the hotel rooms within the international headquarters campus shall be allowed as for-sale residential units within the hotel.

D. For campuses that include hotel use or multifamily residential housing units as an ancillary use pursuant to this section, a municipality shall allow complementary retail and restaurant use within the international headquarters campus.

E. The following objective standards apply to an ancillary use building developed pursuant to this section:

1. A municipality may limit the height of the ancillary use building to two stories in an international headquarters campus site that is located directly adjacent to and within one hundred feet of an area that is zoned for single-family residential use.

2. Except pursuant to paragraph 1 of this subsection, a municipality may not restrict the maximum height of the ancillary use building to less than six stories, not including mechanical screening or rooftop appurtenances.

3. Any utility provider that may provide utility service to the ancillary use development may review construction documents to reasonably ensure adequate water and sewer capacity impacted by the proposed ancillary use development.

4. Existing municipal zoning ordinances for setback and parking requirements for the proposed ancillary use development apply.

F. A building permit for an ancillary use building developed pursuant to this section may not be obtained until the municipality issues a building permit for construction of the international headquarters building.  A certificate of occupancy may not be granted for an ancillary use building developed pursuant to this section before the municipality grants a certificate of occupancy for the international headquarters building.

G. Notwithstanding subsection F of this section, if substantial construction of the international headquarters building has commenced, a certificate of occupancy shall be granted for an ancillary use building developed pursuant to this section before the municipality grants a certificate of occupancy for the international headquarters building if the state land department has received a bond, a letter of credit or any other sufficient financial assurance that, in the reasonable discretion of the state land commissioner, provides for payment to the state land trust of an amount equal to the market sale value of the land and improvements containing the ancillary use development, less development costs, if the municipality does not grant a permanent certificate of occupancy for the international headquarters building within five years after granting the certificate of occupancy for the ancillary use building.

H. A municipality shall consent to amendments to existing development agreements to which the municipality is a signatory that are reasonably necessary to allow for the development of hotel use or multifamily residential use as an ancillary use pursuant to this section.

I. For ten years after the development of an allowed ancillary use development pursuant to this section, the developer shall designate at least five percent of the total for-rent multifamily residential dwellings as affordable units.  At the developer's discretion, the units shall be restricted pursuant to subsection A, paragraph 2, subdivision (a) of this section as low-income housing or middle-income housing, or a mixture of both low-income housing and middle-income housing and may be contained within one building or within multiple buildings.

J. This section does not apply to land in the territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461.

K. For the purposes of this section:

1. "Building code" has the same meaning prescribed in section 9-1301.

2. "International headquarters" means a principal central administrative office where primary headquarters-related functions and services are performed, including financial, personnel, administrative, legal, human resources, information technology, planning and similar business functions, and that does not report to any parent company outside of this state.

3. "International headquarters building" means the primary building that contains the international headquarters on the international headquarters campus.

4. "International headquarters campus" means a contiguous area of not less than forty gross acres, portions of which may be separated by public rights-of-way, on which an international headquarters is located and which may include ancillary use pursuant to this section.

5. "Light industrial use" includes light manufacturing, semiconductor production, law enforcement support, military research and development and aeronautical use.

6. "Low-income housing" means housing that is for a person or persons whose household income does not exceed eighty percent of the area median income.

7. "Middle-income housing" means housing that is for a person or persons whose household income does not exceed one hundred twenty percent of the area median income.

8. "Related entities" means entities that have more than fifty percent direct or indirect common ownership.

9. "Zoning district" means a zoning district, planned community district, planned area development or planned unit development.
A.R.S. § 9-201 — Arizona Code / Title 9 / Chapter 2 / Article 1 / Section 201
9-201 Elective officers in cities and towns of less than six hundred voters; duties
Status: in_force

9-201. Elective officers in cities and towns of less than six hundred voters; duties

A. In cities or towns that are not organized under article 3 or 4 of this chapter and in which at the next preceding municipal election less than six hundred votes were cast, the only officers shall be a mayor, a councilman from each district and a marshal or chief of police.

B. The chief of police or marshal is also ex officio city or town license tax collector, pound-master, street commissioner and fire warden, shall perform all duties as such and shall receive in full compensation for all services not more than one hundred twenty-five dollars per month.
A.R.S. § 9-461.10 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.10
9-461.10 Administration of specific plans and regulations
Status: in_force

9-461.10. Administration of specific plans and regulations

A. The legislative body shall determine and establish administrative rules and procedures for the application and enforcement of specific plans and regulations.

B. The legislative body may assign or delegate administrative powers and duties to the planning agency or any other agency, as necessary, and may create administrative agencies, provide for other officials and for funds for the compensation of such officers, employees and agencies and for the support of their work.

C. No street may be improved and no sewers or connections or improvements may be laid or authorized in any street within any territory for which the legislative body has adopted a specific street or highway plan until the matter has been referred to the planning agency for a report as to conformity with the specific street or highway plan and a copy of the report has been filed with the legislative body, unless one of the following conditions applies:

1. The street has been accepted, opened or has otherwise received the legal status of a public street prior to the adoption of the plan.

2. The street corresponds with streets shown on the plan.

3. The street corresponds with streets shown on a subdivision map or record or survey approved by the legislative body.

4. The street corresponds with streets shown on a subdivision map previously approved by the planning commission. The report shall be submitted to the legislative body within forty days after the matter was referred to the planning agency.
A.R.S. § 9-494 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 494
9-494 Parks; tax for parks within reclamation projects
Status: in_force

9-494. Parks; tax for parks within reclamation projects

A. A city or town may establish and maintain public parks, and acquire, hold and improve real property for that purpose.

B. In a city or town lying within a reclamation project in which a park has been set aside under an act of Congress, a tax of not more than four-tenths mills on the dollar may be levied on all property by the city or town for the purpose of paying, or partly paying, the expenses of maintaining the park.
A.R.S. § 9-1444 — Arizona Code / Title 9 / Chapter 13 / Article 4 / Section 1444
9-1444 Ownership of a video service network
Status: in_force

9-1444. Ownership of a video service network

A local government may not acquire an ownership interest in a video service network unless the ownership interest is acquired at not less than fair market value.
A.R.S. § 9-272 — Arizona Code / Title 9 / Chapter 2 / Article 4 / Section 272
9-272 Classification of councilmen for purposes of election; terms of office
Status: in_force

9-272. Classification of councilmen for purposes of election; terms of office

A. The common council may, by a majority vote of the qualified electors of the city voting thereon, provide by ordinance or resolution, that the members of the council be divided by lot into two classes. The first class shall consist of three councilmen and the second class of four. Those of the first class shall hold office until the next regular election, and those of the second class until the second regular election. At the first regular election held after the change, three councilmen shall be elected, and at the second regular election four councilmen shall be elected.

B. Thereafter councilmen shall be elected in classes of three and four at successive, regular elections and shall hold their office for terms of four years each and until their successors are elected and qualified.
A.R.S. § 9-463.06 — Arizona Code / Title 9 / Chapter 4 / Article 6.2 / Section 463.06
9-463.06 Standards for enactment of moratorium; land development; limitations; definitions
Status: in_force

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

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

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

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

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

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

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

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

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

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

1. For urban or urbanizable land:

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

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

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

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

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

2. For rural land:

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

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

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

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

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

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

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

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

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

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

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

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

I. In this section:

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

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

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

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

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

6. "Vested right" means a right to develop property established by the expenditure of substantial sums of money pursuant to a permit or approval granted by the city, town or county.
A.R.S. § 9-591 — Arizona Code / Title 9 / Chapter 5 / Article 8 / Section 591
9-591 Definitions
Status: in_force

9-591. Definitions

In this article, unless the context otherwise requires:

1. "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services.

2. "Applicable codes" means uniform building, fire, electrical, plumbing or mechanical codes that are adopted by a recognized national code organization or local amendments to those codes that are enacted to address threats of destruction of property or injury to persons and to an extent that is not inconsistent with this article.

3. "Applicant" means any person that submits an application and that is a wireless provider.

4. "Application" means a request that is submitted by an applicant to an authority for a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support structure.

5. "Authority" means any city, town, special district or political subdivision of this state that is authorized to make legislative, quasi-judicial or administrative decisions concerning an application. Authority does not include any state court that has jurisdiction over an authority and does not include a county, special taxing district, or electric cooperative.

6. "Authority utility pole" means a utility pole that is owned or operated by an authority and that is in a right-of-way. Authority utility pole does not include a utility pole for electric distribution.

7. "Cable operator" has the same meaning prescribed in section 9-505 and includes a video service provider.  Cable operator does not include a special taxing district.

8. "Collocate" or "collocation" means to install, mount, maintain, modify, operate or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole.

9. "Communications service" means cable service as defined in 47 United States Code section 522(6), information service as defined in 47 United States Code section 153(24), telecommunications service as defined in 47 United States Code section 153(53) or wireless service.

10. "Communications service provider" means a cable operator, a provider of information service as defined in 47 United States Code section 153(24), a telecommunications carrier as defined in 47 United States Code section 153(51) or a wireless services provider.

11. "Fee" means a onetime charge.

12. "Law" means any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance.

13. "Monopole" means a wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole.

14. "Permit" means written permission required by an authority to install, mount, maintain, modify, operate or replace a utility pole or monopole, to collocate a small wireless facility on a utility pole or wireless support structure or to collocate wireless facilities on a monopole.

15. "Person" means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including an authority.

16. "Private easement" means an easement or other real property right that is only for the benefit of the grantor and grantee and the grantor's or grantee's successors and assigns.

17. "Rate" means a recurring charge.

18. "Right-of-way" means the area on, below or above a public roadway, highway, street, sidewalk, alley or utility easement.  Right-of-way does not include a federal interstate highway, a state highway or state route under the jurisdiction of the department of transportation, a private easement, property that is owned by a special taxing district, or a utility easement that does not authorize the deployment sought by the wireless provider.

19. "Small wireless facility" means a wireless facility that meets both of the following qualifications:

(a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume.

(b) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume, or fifty cubic feet in volume if the equipment was ground mounted before August 9, 2017. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subdivision:

(i) An electric meter.

(ii) Concealment elements.

(iii) A telecommunications demarcation box.

(iv) Grounding equipment.

(v) A power transfer switch.

(vi) A cutoff switch.

(vii) Vertical cable runs for the connection of power and other services.

20. "Special taxing district" means a special district formed pursuant to title 48, chapter 11, 12, 17, 18, 19, 20 or 22.

21. "Utility pole" means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals.  Utility pole does not include a monopole.

22. "Wireless facility":

(a) Means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following:

(i) Equipment associated with wireless communications.

(ii) Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment, regardless of technological configuration.

(b) Includes small wireless facilities.

(c) Does not include the structure or improvements on, under or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiber-optic cable that is between wireless support structures or utility poles or coaxial or fiber-optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna.

(d) Does not include Wi-Fi radio equipment described in section 9-506, subsection I or microcell equipment described in section 9-584, subsection E.

23. "Wireless infrastructure provider" means any person that is authorized to provide telecommunications service in this state and that builds or installs wireless communications transmission equipment, wireless facilities, utility poles or monopoles but that is not a wireless services provider. Wireless infrastructure provider does not include a special taxing district.

24. "Wireless provider" means a cable operator, wireless infrastructure provider or wireless services provider.

25. "Wireless services" means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.

26. "Wireless services provider" means a person that provides wireless services. Wireless services provider does not include a special taxing district.

27. "Wireless support structure":

(a) Means:

(i) A freestanding structure, such as a monopole.

(ii) A tower, either guyed or self-supporting.

(iii) A sign or billboard.

(iv) Any other existing or proposed structure designed to support or capable of supporting small wireless facilities.

(b) Does not include a utility pole.
A.R.S. § 9-1451 — Arizona Code / Title 9 / Chapter 13 / Article 5 / Section 1451
9-1451 Enforcement; office of administrative hearings; fees; fund
Status: in_force

9-1451. Enforcement; office of administrative hearings; fees; fund

A. A local government may file a written complaint against a video service provider and a video service provider may file a written complaint against a local government alleging a violation of this chapter or the uniform video service license agreement. Unless the matter arises under the constitution, laws, or treaties of the United States, including the communications act of 1934 (P.L. 73-416; 47 United States Code sections 151 through 615b) and all other applicable federal law, the office of administrative hearings has original jurisdiction over all matters under this chapter.  Unless otherwise provided in section 9-1445, subsections F, G and H or this section:

1. To the extent allowed by federal law, all complaints must be filed with the office of administrative hearings. If a matter arises under the constitution, laws, or treaties of the United States, the complaint may be brought before the federal communications commission or a federal court of competent jurisdiction.

2. The complainant must serve a copy of the complaint on the party that is the subject of the complaint by personal delivery or certified mail, return receipt requested, or by any other method reasonably calculated to effect actual notice to the local government's last address of record for the party that is the subject of the complaint.

3. The party that is the subject of the complaint may file a response to the complaint with the office of administrative hearings within twenty days after service pursuant to paragraph 2 of this subsection. Responses shall be served pursuant to paragraph 2 of this subsection.

B. Before filing a complaint pursuant to this section both of the following apply:

1. The complainant must provide notice of the alleged violation of this chapter to the party that is the subject of the complaint.

2. The party that is the subject of the complaint must have a period of not less than twenty days after the date it receives the notice to resolve the alleged violation.

C. Subsection B of this section does not apply to a complaint made in a written demand pursuant to section 9-1445, subsection G.

D. A hearing before the office of administrative hearings shall be held if a complaint that complies with this section is filed with the office of administrative hearings. Unless other deadlines are established for a particular complaint, all of the following apply:

1. The hearing shall be held within two months after the date that the complaint is filed and service is completed pursuant to subsection A of this section.

2. The date scheduled for the hearing may be advanced or delayed on the agreement of the parties or on a showing of good cause.

E. The office of administrative hearings shall prepare and serve a notice of hearing on all parties at least one month before the hearing that states the time and place of the hearing.

F. A prehearing conference may be held pursuant to section 41-1092.05.

G. Unless it conflicts with the requirements of this section, the hearing shall be conducted pursuant to section 41-1092.07.

H. The complainant has the burden of persuasion at a hearing under this section.

I. The decision of the administrative law judge is the final administrative decision with respect to the complaint. The office of administrative hearings shall serve a copy of the administrative law judge's decision on all parties. The final administrative decision may be appealed to the superior court pursuant to title 12, chapter 7, article 6.  The superior court proceeding shall be a trial de novo.

J. A party may move for rehearing pursuant to section 41-1092.09 and the office of administrative hearings shall rule on the motion.  Moving for rehearing or review is not necessary for the party to seek judicial review of the decision of the administrative law judge under subsection I of this section.

K. Service is complete on personal service or five days after the date that the office of administrative hearings mails the final administrative decision to each party's last known address of record with the local government.

L. The office of administrative hearings shall adopt rules pursuant to title 41, chapter 6 to administer hearings under this chapter and title 11, chapter 14. The rules shall apply uniformly to hearings involving local governments and counties.

M. The office of administrative hearings shall establish, administer and collect fees in an amount to be determined by the director of the office of administrative hearings. The director shall deposit, pursuant to sections 35-146 and 35-147, all monies in the video service provider complaint fund established by subsection N of this section.

N. The video service provider complaint fund is established consisting of monies collected pursuant to subsection M of this section and section 11-1951, subsection M. The office of administrative hearings shall administer the fund. Monies in the fund are continuously appropriated.  The office of administrative hearings shall use the monies in the fund for the purpose of administering the duties specified in this article and title 11, chapter 14, article 5.
A.R.S. § 9-1305 — Arizona Code / Title 9 / Chapter 12 / Article 1 / Section 1305
9-1305 Inspection fees; penalties
Status: in_force

9-1305. Inspection fees; penalties

A. A city or town shall not charge a fee for nonpermit related initial exterior inspections, initial interior inspections that are requested by an owner of record or a lawful tenant, for initial interior inspections pursuant to issuance of a warrant, initial annual inspection pursuant to a residential rental inspection program or for an initial follow-up inspection where all building code violations identified to the property owner with a written notice or citation have been corrected.

B. A city or town may charge a reasonable fee:

1. For each subsequent follow-up interior or exterior inspection to ensure compliance with a citation or notice issued for violations of the building code that materially affect the health and safety of residents.

2. If an owner fails to correct a violation for which a notice or citation has been issued and the owner has been given adequate time to correct the violation.  For the purposes of this paragraph, adequate time shall be no less than fifteen calendar days.  For the purpose of this section, a reasonable fee may include the costs incurred by the city or town for all related inspections prior to the failure of the owner to correct identified violations.

C. Notwithstanding subsection B, a violation of the building code that immediately threatens the health and safety of occupants shall be cited and repaired immediately.
A.R.S. § 9-1111 — Arizona Code / Title 9 / Chapter 10 / Article 1 / Section 1111
9-1111 Trustee as claimant
Status: in_force

9-1111. Trustee as claimant

If the trustee is possessed or entitled to any part of the lands, the trustee shall make a verified statement of the trustee's claim and record it, and if no adverse claim thereto is filed within the time allowed, the trustee shall be deemed to be possessed and seized of the title thereto in fee simple, but subject to all assessments and taxes thereafter to be levied. If the trustee's claim is in conflict, the conflicting claims shall be transferred to the court and determined as other conflicting claims.
A.R.S. § 9-441.05 — Arizona Code / Title 9 / Chapter 4 / Article 4 / Section 441.05
9-441.05 Construction of bond provisions
Status: in_force

9-441.05. Construction of bond provisions

This article without reference to other statutes, constitutes full authority for the authorization and issuance of bonds under section 9-441.03. Except as provided in section 9-441.07, bonds authorized under this article are not subject to the provisions of any other state law or charter relating to the issuance or sale of bonds.
A.R.S. § 9-528 — Arizona Code / Title 9 / Chapter 5 / Article 3 / Section 528
9-528 Application of election laws
Status: in_force

9-528. Application of election laws

Except as otherwise provided in this article, the manner of conducting the registration and election, keeping the poll lists, making the returns, declaring the results and doing all acts relating to the election shall conform to the procedure provided by law for the registration and qualification of electors and holding elections wherein the question of issuance of bonds of municipal corporations is submitted to an election.
A.R.S. § 9-1203 — Arizona Code / Title 9 / Chapter 11 / Article 1 / Section 1203
9-1203 Duration of a protected development right; termination
Status: in_force

9-1203. Duration of a protected development right; termination

A. A protected development right established under a protected development right plan is valid for three years for a nonphased development or five years for a phased development.

B. A city or town may extend for a maximum of two additional years the duration of a protected development right obtained through approval of a protected development right plan, if a longer time period is warranted by all relevant circumstances, including the size, type and phasing of the development on the property, the level of investment of the landowner, economic cycles and market conditions. The decision to extend the time period for a protected development right is in the discretion of the city or town. However, a protected development right shall not remain established for more than five years for a nonphased development or seven years for a phased development.

C. After the approval of a protected development right plan, the plan may be subject to subsequent reviews and approvals by the city or town to ensure compliance with the terms and conditions of the original approval if these reviews and approvals are not inconsistent with the original approval. The city or town may revoke its approval of the protected development right plan for failure to comply with applicable terms and conditions imposed on the approval.

D. A protected development right terminates at the end of the applicable period established under this section. If a building permit has been issued before the date of termination of a protected development right, the protected development right remains valid until the building permit expires, but in no event for longer than one year. On expiration, only principal structures for which footings or foundations have been completed may be finished under the protected development right. On the expiration of a protected development right, development may continue based on a valid building permit and according to standards in effect at that time. An unexpired building permit issued for a property with a protected development right neither expires nor shall be revoked merely because a protected development right expires under the time limitations specified in this section.
A.R.S. § 9-246 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 246
9-246 Publication of financial statement
Status: in_force

9-246. Publication of financial statement

The common council shall, at least ten days before the biennial election, publish in a newspaper published in the town, or if there is none, then post in three or more public places in the town, a full and correct statement of all monies received into the treasury of the town since the last report, and the sources from which they were severally derived, and also of all disbursements and expenditures and the account upon which the disbursement was made.
A.R.S. § 9-500.06 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.06
9-500.06 Hospitality industry; discrimination prohibited; use of tax proceeds; exemption; definitions
Status: in_force

9-500.06. Hospitality industry; discrimination prohibited; use of tax proceeds; exemption; definitions

A. A city or town shall not discriminate against hospitality industry businesses in the collection of fees. For the purposes of this subsection:

1. "Discriminate" means any increase of fees on hospitality industry businesses by any dollar amount without a corresponding equal dollar amount of increase in the privilege license fees or other fees imposed on all other businesses in the city or town or increasing or imposing the fees on hospitality industry businesses where no similar fees are established and imposed on other businesses.

2. "Fees on hospitality industry businesses" means annual liquor license taxes or fees or annual renewal or reissuance fees for municipal business privilege licenses, however denominated.

B. A city or town shall not increase the fees on hospitality businesses in any year by an amount that exceeds the amount of any increase in the consumer price index compared to the average of the last five years of consumer price indexes.

C. On or after the effective date of this amendment to this section, if a city or town, by passing an ordinance or charter amendment by its governing council or by a public vote, establishes a discriminatory transaction privilege tax or increases its existing discriminatory transaction privilege tax on hospitality industry businesses greater than any increase imposed on other types of businesses in the city or town, the proceeds of the established discriminatory transaction privilege tax, except as provided in subsection D, and the proceeds of any increase above the existing discriminatory transaction privilege tax shall be used exclusively by the city or town for the promotion of tourism. For the purposes of this section a tax which is in effect on April 1, 1990 and is subsequently renewed by a majority of qualified electors voting at an election to approve the renewal is not considered a tax increase.

D. For the purposes of subsection C, expenditures by a city or town for the promotion of tourism include:

1. Direct expenditures by the city or town to promote tourism, including but not limited to sporting events or cultural exhibits.

2. Contracts between the city or town and nonprofit organizations or associations for the promotion of tourism by the nonprofit organization or association.

3. Expenditures by the city or town to develop, improve or operate tourism related attractions or facilities or to assist in the planning and promotion of such attractions and facilities.

E. If a city or town has not imposed a discriminatory transaction privilege tax up to a two per cent tax level on hospitality industry businesses as of April 1, 1990 and thereafter imposes or increases such a discriminatory transaction privilege tax, the first two percentage rate portion of the discriminatory transaction privilege tax is not subject to the provisions of subsection C.

F. The collection by a city or town of a fee or tax prohibited by this section shall be void and unlawful.  For a five year period following the unlawful collection of the fee, the city or town shall reimburse the hospitality business for any reasonable expense incurred in collecting from the city or town any fees or tax unlawfully collected.

G. For the purposes of this section:

1. "Discriminatory transaction privilege tax" means any transaction privilege tax rate imposed by a city or town on hospitality industry businesses that is above the transaction privilege tax rate imposed by a city or town equally on all businesses subject to a transaction privilege tax.

2. "Hospitality industry businesses" means:

(a) A restaurant, bar, hotel, motel, liquor store, grocery store, convenience store or recreational vehicle park.

(b) A motor vehicle rental agency in a county stadium district which has imposed the car rental surcharge pursuant to section 48-4234.
A.R.S. § 9-952 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 952
9-952 Disposition of fire insurance premium tax
Status: in_force

9-952. Disposition of fire insurance premium tax

Not later than July 31 of each year, the state treasurer, using the information provided by the cities and towns and legally organized fire districts, the office of the state fire marshal, the department of insurance and financial institutions and the department of revenue as provided in section 9-951, subsection B, shall distribute the fire insurance premium tax to the respective incorporated cities and towns and legally organized fire districts in proportion to the full cash value of the real property and improvements in each incorporated city and town and legally organized fire district that procures the services of a private fire company and in each area served by a fire department or legally organized fire district.  The warrant issued by the state treasurer to incorporated cities and towns and legally organized fire districts having organized fire departments and to legally organized fire districts shall be identified as "fire fighters' relief and pension fund". The warrant issued by the state treasurer to an incorporated city or town or legally organized fire district procuring the services of a private fire company that has a pension plan covering firefighting personnel shall be identified for deposit in the municipality's general fund or, in the case of a fire district, in the fire fighters' relief and pension fund.
A.R.S. § 9-472 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 472
9-472 Annexed territory as part of adjoining district
Status: in_force

9-472. Annexed territory as part of adjoining district

All territory annexed to a city or town shall become a part of the district or districts of the city or town adjoining the territory so annexed.
A.R.S. § 9-499.01 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.01
9-499.01 Powers of charter and general law cities
Status: in_force

9-499.01. Powers of charter and general law cities

Charter cities and general law cities, whether incorporated as cities pursuant to section 9-101 or having assumed a city organization pursuant to section 9-271, shall be vested with all the powers of incorporated towns as set forth in this title, in addition to all powers vested in them pursuant to their respective charters, or other provisions of law relating to cities and towns.
A.R.S. § 9-500.10 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.10
9-500.10 Escort and escort agency advertising requirements; civil penalty; definitions
Status: in_force

9-500.10. Escort and escort agency advertising requirements; civil penalty; definitions

A. An escort or escort agency shall not advertise escort services unless the advertisement includes either:

1. The escort license number of the escort if the advertisement is for the services of a specific escort.

2. The business license number of the escort agency where the services are offered if the advertisement does not offer the services of a specific escort.

B. An escort or escort agency shall retain on file, for at least one year, proof of the age of any escort whose services are offered in any advertisement of escort services.

C. An escort or escort agency that violates this section is subject to a civil penalty of:

1. Five hundred dollars for a first violation.

2. One thousand five hundred dollars for a second violation.

3. Five thousand dollars for a third or subsequent violation.

D. The attorney general, county attorney or city or town attorney may bring an action to enforce this section.

E. The court shall deposit any civil penalties collected pursuant to subsection C of this section into the human trafficking victims assistance fund established by section 41-114.

F. It is an affirmative defense in a civil action for a first violation of subsection A of this section that the escort or escort agency possessed a valid license at the time the advertisement was published.

G. It is an affirmative defense in a civil action for a violation of subsection B of this section that the escort whose services were offered in an advertisement for escort services was eighteen years of age or older at the time the advertisement was published.

H. For the purposes of this section:

1. "Advertisement" means any message in any medium that offers or solicits any person to retain the services of the escort or escort agency depicted in the advertisement.

2. "Escort" has the same meaning prescribed in section 13-1422.

3. "Escort agency" has the same meaning prescribed in section 13-1422.
A.R.S. § 9-404 — Arizona Code / Title 9 / Chapter 4 / Article 1 / Section 404
9-404 Payment of outstanding taxes, penalties and interest on acquiring property
Status: in_force

9-404. Payment of outstanding taxes, penalties and interest on acquiring property

A. If a city or town acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the city or town shall pay to the county treasurer any taxes on the property that were unpaid as of the date of acquisition, including penalties and interest.

B. The lien for unpaid delinquent taxes, penalties and interest on property acquired by a city or town:

1. Is not abated, extinguished, discharged or merged in the title to the property.

2. Is enforceable in the same manner as other delinquent tax liens.
A.R.S. § 9-477 — Arizona Code / Title 9 / Chapter 4 / Article 7 / Section 477
9-477 Subdivision name; limitation; title to streets
Status: reserved

9-477. Subdivision name; limitation; title to streets

A. Upon the plat or map shall be endorsed a name, title or designation of the subdivision and the acknowledgment by the owner or some person for him duly authorized thereunto by deed.

B. No title, name or designation shall be given that is the same as that of a subdivision in a city or town in the same county of which a plat or map has been recorded.

C. Upon the filing of the plat or map, the fee of all streets, alleys, parks and other parcels of ground reserved therein to the use of the public, shall vest in the public.
A.R.S. § 9-232.02 — Arizona Code / Title 9 / Chapter 2 / Article 3 / Section 232.02
9-232.02 Permitting town councilmen to hold office for four-year staggered terms
Status: in_force

9-232.02. Permitting town councilmen to hold office for four-year staggered terms

The common council may, by majority vote of the qualified electors of the town voting thereon, provide for four-year staggered terms for members of the town council in the manner provided in section 9-272, with respect to cities. In the event the common council consists of five members only, the first class shall consist of two councilmen and the second class shall consist of three councilmen.
A.R.S. § 9-592 — Arizona Code / Title 9 / Chapter 5 / Article 8 / Section 592
9-592 Applicability; wireless provider; use of right-of-way; rates, fees and terms; right to access; damage and repair
Status: in_force

9-592. Applicability; wireless provider; use of right-of-way; rates, fees and terms; right to access; damage and repair

A. This section applies to the activities of a wireless provider within a right-of-way.

B. An authority may not enter into an exclusive arrangement with a wireless provider for use of a right-of-way for any of the following:

1. The construction, installation, maintenance, modification, operation or replacement of utility poles or monopoles.

2. The collocation of small wireless facilities on utility poles or wireless support structures.

3. The collocation of wireless facilities on monopoles.

C. An authority may charge a wireless provider a rate or fee for the use of a right-of-way for the construction, installation, maintenance, modification, operation or replacement of a utility pole in the right-of-way or the collocation of a small wireless facility in the right-of-way, only if the authority charges other communications service providers or publicly, cooperatively or municipally owned utilities for the use of the right-of-way and the authority has the legal authority to do so.  If an authority charges a rate or fee pursuant to this section, the rate or fee for a wireless provider must be:

1. Limited to not more than the direct and actual cost of managing the right-of-way.

2. Competitively neutral in regard to other users of the right-of-way, including investor-owned, authority-owned or cooperatively owned entities, unless other users are exempt from such rates or fees under applicable law.

D. A rate or fee charged pursuant to subsection C of this section may not do any of the following:

1. Result in a double recovery where existing rates, fees or taxes already recover the direct and actual costs of managing a right-of-way.

2. Be in the form of a franchise or other fee based on revenue or customer counts.

3. Be unreasonable or discriminatory.

4. Exceed an annual amount equal to fifty dollars multiplied by the number of small wireless facilities that are in the authority's geographic jurisdiction and that are placed by the wireless provider in the right-of-way.

E. An authority shall establish and make available rates, fees and terms for all of the following, within six months after August 9, 2017 or three months after receiving the first request by a wireless provider, whichever is later:

1. The construction, installation, mounting, maintenance, modification, operation or replacement of a utility pole or monopole by a wireless provider in a right-of-way.

2. The collocation of a small wireless facility by a wireless provider in a right-of-way.

3. The collocation of a wireless facility on or within a monopole by a wireless provider in a right-of-way.

F. The rates, fees and terms established pursuant to subsection E of this section must be made available for acceptance by a wireless provider. At the wireless provider's option, a wireless provider may request different or additional terms that the parties shall negotiate in good faith. Documents that reflect rates, fees and terms with each wireless provider are public records.  Rates, fees and terms must comply with this article, and the terms:

1. May not be unreasonable or discriminatory.

2. May include requirements applicable to other users of the right-of-way.

3. May require that the wireless provider's operation of the small wireless facilities in the right-of-way does not interfere with the authority's public safety communications.

4. Subject to subsection K of this section and section 9-593, subsection F, may not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole.

5. Subject to subsection K of this section and section 9-593, subsection F, may not limit the placement of small wireless facilities by minimum separation distances.

G. Agreements between authorities and wireless providers that are in effect on August 9, 2017 and that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on authority utility poles, remain in effect, subject to applicable termination provisions.  The wireless provider may accept the rates, fees and terms established under subsections E and F of this section for small wireless facilities and utility poles that are the subject of an application submitted after the rates, fees and terms become effective.

H. Subject to this section and the approval of an application, if required, a wireless provider may do any of the following:

1. Collocate small wireless facilities.

2. Construct, install, modify, mount, maintain, operate and replace utility poles that are associated with the collocation of small wireless facilities along, across, on and under the right-of-way.

3. Construct, install, modify, mount, maintain, operate and replace monopoles that are associated with the collocation of wireless facilities along, across, on and under the right-of-way. The installation, modification and replacement of monopoles are subject to review under section 9-594 regardless of the height of the monopole.

I. Subject to subsection K, paragraph 2, subdivision (c) of this section, a new, replacement or modified utility pole that is associated with the collocation of small wireless facilities and that is installed in the right-of-way is not subject to zoning review and approval under section 9-594 if the utility pole does not exceed the greater of either:

1. Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on August 9, 2017, that is located within five hundred feet of the new, replacement or modified utility pole and that is in the same right-of-way within the jurisdictional boundary of the authority, but not more than fifty feet above ground level.

2. Forty feet above ground level.

J. New small wireless facilities collocated on a utility pole or wireless support structure in the right-of-way are not subject to zoning review and approval if they do not extend more than ten feet above the utility pole or wireless support structure and do not exceed fifty feet above ground level.

K. An authority may require an application under this section for the installation of new, replacement or modified utility poles associated with the collocation of small wireless facilities. An authority shall approve an application unless the authority finds that the utility pole fails to comply with any of the following:

1. Applicable codes.

2. Local code provisions or regulations that concern any of the following:

(a) Public safety.

(b) Objective design standards and reasonable stealth and concealment requirements.

(c) Undergrounding requirements that prohibit the installation of new or the modification of existing utility poles or monopoles in a right-of-way without prior approval, if such requirements include a waiver, zoning or another process that addresses requests to install such new utility poles or monopoles or modify such existing utility poles or monopoles and do not prohibit the replacement of utility poles or monopoles.

3. Requirements that are imposed by a contract between an authority and a private property owner and that concern design standards applicable to utility poles in the right-of-way.

4. The authority's public safety and reasonable spacing requirements that concern the location of new utility poles in a right-of-way.

L. An authority shall process applications under subsection K of this section in compliance with applicable law.  If an authority fails to approve or deny an application within the time frame specified by applicable law, the application shall be deemed approved. Any application fee is subject to the requirements provided in section 9-593, subsection J. The total application fee, if allowed, may not exceed seven hundred fifty dollars.

M. The construction, installation, mounting, maintenance, modification, operation or replacement for which a permit is granted shall be completed within one hundred eighty days after the permit issuance date, unless the authority and wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site.

N. Approval of an application by an authority authorizes the applicant to do both of the following:

1. Undertake the requested deployment.

2. Subject to applicable relocation requirements, the authority's terms as described in this section and the wireless provider's right to terminate at any time, operate and maintain the wireless provider's new, modified or replacement utility pole for a period of not less than ten years, which must be renewed for equivalent durations unless the authority makes a finding that the new or modified utility pole does not comply with the requirements described in subsection K of this section.

O. An authority may require a wireless provider to repair all damage to the authority's property and the right-of-way that is caused by the activities of the wireless provider or the wireless provider's contractor while occupying, installing, repairing or maintaining small wireless facilities, wireless support structures or utility poles in the right-of-way and to return the damaged property to the same condition as before the damage pursuant to the competitively neutral, reasonable requirements and specifications of the authority. If the wireless provider fails to make the repairs required by the authority within a reasonable time after the authority provides written notice to the wireless provider, the authority may make the repairs and charge the applicable party the reasonable, documented cost of the repairs.

P. This article does not relieve a wireless provider from any applicable requirement to obtain a franchise, license or other permission to provide communications service or to install, place, maintain or operate facilities or structures that are not authorized by this article in the right-of-way to provide a communications service.
A.R.S. § 9-916 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 916
9-916 Vacancies in departmental membership
Status: in_force

9-916. Vacancies in departmental membership

A vacancy occurring in the departmental membership of the board shall be filled at a special election. Notice of the election shall be given not less than one week prior thereto. The election shall be called by the governing body upon occurrence of the vacancy.
A.R.S. § 9-807 — Arizona Code / Title 9 / Chapter 7 / Article 1 / Section 807
9-807 Mandated fire sprinklers in certain residences prohibited; exception; permit application format
Status: in_force

9-807. Mandated fire sprinklers in certain residences prohibited; exception; permit application format

A. A municipality shall not adopt a code or ordinance or part of a uniform code or ordinance that prohibits a person or entity from choosing to install or equip or not install or equip fire sprinklers in a single family detached residence or any residential building that contains not more than two dwelling units.  A municipality shall not impose any fine, penalty or other requirement on any person or entity for choosing to install or equip or not install or equip fire sprinklers in such a residence.  This section does not apply to any code or ordinance that requires fire sprinklers in a residence and that was adopted before December 31, 2009.

B. A fire sprinkler permit application may be in either print or electronic format.

C. A municipality shall include the provisions of subsection A of this section on fire sprinkler permit applications that are for a single family detached residence or any residential building that contains not more than two dwelling units.
A.R.S. § 9-925 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 925
9-925 Computation of pension upon voluntary retirement or upon mandatory retirement; limitation
Status: in_force

9-925. Computation of pension upon voluntary retirement or upon mandatory retirement; limitation

A. A member of the police department whose membership began prior to July 1, 1952 and who serves the department twenty years in the aggregate may, upon application, be retired, and shall be paid during his lifetime a monthly pension equal to fifty per cent of the average monthly compensation received by him during the period of five years immediately prior to the date of application for retirement. A member of the police department whose membership begins on or after July 1, 1952, and who serves the department twenty-five years in the aggregate may, upon application made after he has reached the age of fifty-five years, be retired, and shall be paid during his lifetime a monthly pension equal to fifty per cent of the average monthly compensation received by him during the period of five years immediately prior to the date of application for retirement.

B. In the case of a member of the police department continuing in active service after the date when he is eligible to make application for retirement under the provisions of this section, upon his retirement the percentage of his average monthly compensation applicable in computing his monthly pension shall be increased by two per cent for each full year of service beyond the date when he was eligible to make application for retirement, but in no case shall the percentage of his average monthly compensation applicable in computing his monthly pension exceed sixty per cent. In the absence of an application for retirement by a member eligible to make application under the provisions of this section, the board may, when it deems such action to be for the best interests of the department, on its own motion propose any such member for retirement, and upon certification of the city or town physician that the member is physically unfit for further police service he shall be retired, and shall thereafter receive the pension prescribed in this section. Nothing in this section shall prohibit the governing body of a municipality from setting a mandatory retirement age by ordinance to be applicable to persons eligible for pensions under this article.
A.R.S. § 9-500.15 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.15
9-500.15 Referral of public transportation questions to voters
Status: in_force

9-500.15. Referral of public transportation questions to voters

By resolution, the governing body of a city or town, including a charter city, may voluntarily refer an advisory question relating to public transportation to a vote of the qualified electors of the city or town at a special or general election.
A.R.S. § 9-951 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 951
9-951 Disposition of fire insurance premium tax proceeds; composition of fund
Status: in_force

9-951. Disposition of fire insurance premium tax proceeds; composition of fund

A. The proceeds of the annual tax provided by law on the gross amount of all premiums received on policies and contracts of fire insurance covering property within this state, after deducting cancellations, return premiums, dividends and the amount received as reinsurance on business in this state, are appropriated and set aside for distribution to cities and towns and legally organized fire districts that procure the services of private fire companies and for the payment of benefits pursuant to this article, article 4 of this chapter or title 38, chapter 5, article 4.

B. Not later than April 30 of each year, the office of the state fire marshal shall certify to the state treasurer the incorporated cities and towns that have organized fire departments, the incorporated cities and towns and legally organized fire districts that procure the services of a private fire company and the areas served by legally organized fire districts, and the department of insurance and financial institutions shall certify to the state treasurer the respective amounts of tax on fire premiums paid in the previous year for properties located in this state.  Not later than June 15 of each year, the department of revenue shall certify to the state treasurer the full cash value of the real property and improvements for the previous year in each incorporated city and town and legally organized fire district that procures the services of a private fire company and in each area served by a fire department or a legally organized fire district.  The total amount of the tax proceeds shall then be prorated among the several incorporated cities and towns and legally organized fire districts in proportion to the full cash value of the real property and improvements in each incorporated city and town and legally organized fire district that procures the services of a private fire company and in each area served by a department or a legally organized fire district to the total full cash value of all incorporated cities and towns and legally organized fire districts that procure the services of a private fire company and incorporated cities and towns that have a fire department and legally organized fire districts in this state.

C. Each incorporated city or town that has an organized fire department and each legally organized volunteer fire district shall deduct five percent from the salaries or compensation of its firefighters and add a like amount from its general revenues.  The employer or the employee may add a contribution greater than that specified in this subsection to the fire fighters' relief and pension fund. The total of the two amounts shall be paid each month into the fire fighters' relief and pension fund. The treasurer of each board shall keep a record of the salary deductions.  If a firefighter dies under circumstances that do not entitle the firefighter's dependents to a benefit from the fire fighters' relief and pension fund, or if the firefighter becomes separated from the service voluntarily or involuntarily without having become eligible for retirement benefits under the fire fighters' relief and pension fund, all deductions previously made from the firefighter's salary under this article, plus interest as determined by the board, are payable to the firefighter's beneficiary in the event of the firefighter's death, or otherwise to the firefighter.

D. Payroll deductions made under subsection C of this section, plus any additional sums the board of trustees may add, shall be set aside in a permanent reserve fund, the income of which but no part of the principal shall be used to pay retirement benefits or relief, but in order to pay the refunds provided for in subsection C of this section, that portion of the principal that accrues from salary deductions may be drawn on when necessary.

E. For the purposes of this section and section 9-952, full cash value of real property and improvements for the previous year with respect to each incorporated city and town that procures the services of a private fire company are limited to thirty percent of the amount certified by the department of revenue and the percentage shall be utilized in computing the entitlement of an incorporated city or town that procures the services of a private fire company.
A.R.S. § 9-1302 — Arizona Code / Title 9 / Chapter 12 / Article 1 / Section 1302
9-1302 Individual property inspections
Status: in_force

9-1302. Individual property inspections

A. For individual residential rental properties the city or town may conduct interior inspections if an exterior inspection of the property reveals or if the property is found to have any of the following:

1. Conditions that materially affect the health and safety of the occupants as prescribed by section 9-1303.

2. A significant level of crime associated with the property.

3. A documented history of building code violations.

4. The owner repeatedly fails to comply with building code enforcement requirements imposed by the city or town.

5. There is probable cause that the residential rental property is not in compliance with the city's building code.

6. A complaint is received from or consent for inspection is given by the owner of record, agent or property manager, a lawful resident or a lawful tenant of the residential rental unit.

B. If the city or town determines pursuant to subsection A of this section that an interior inspection is reasonably necessary and the property's tenant has vacated, the city or town may require an additional inspection and approval by the city or town before a new occupancy is permitted.

C. Before entry the city or town shall receive consent of the owner of record or a lawful tenant or on issuance of a warrant.

D. This section does not limit the authority of a city or town to:

1. Perform an exterior inspection of any property in the city or town's jurisdiction at any time.

2. On receipt of a complaint or consent from the owner or lawful tenant, perform an interior inspection of any property in the city or town's jurisdiction.

3. Perform interior, exterior or construction job site inspections of new construction before issuance of a certificate of occupancy.

4. Perform interior or exterior inspections of illegal construction that occurred without a required building permit.

5. Perform an interior inspection of any property during an emergency or natural disaster.

E. A city or town may designate any of its departments to perform all or part of the duties granted to the city or town pursuant to this chapter.
A.R.S. § 9-930 — Arizona Code / Title 9 / Chapter 8 / Article 2 / Section 930
9-930 Payments from fund
Status: in_force

9-930. Payments from fund

Monies paid from the fund shall be paid by the treasurer only upon warrants signed by the chairman and countersigned by the secretary of the board.
A.R.S. § 9-461.11 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.11
9-461.11 Extraterritorial jurisdiction; development plans
Status: in_force

9-461.11. Extraterritorial jurisdiction; development plans

A. In any county not having a county planning agency with jurisdiction in the unincorporated territory, the legislative body of any municipality may exercise the planning powers granted in this article both to territory within its corporate limits and to that which extends a distance of three contiguous miles in all directions of its corporate limits and is not located in a municipality. Any ordinance intended to have application beyond the corporate limits of the municipality shall expressly state the intention of such applications. Such ordinance shall be adopted in accordance with the provisions set forth therein.

B. The extraterritorial jurisdiction of two or more municipalities whose territorial boundaries are less than six miles apart terminates at a boundary line equidistant from the respective corporate limits of such municipalities, or at such line as is agreed to by the legislative bodies of the respective municipalities.

C. As a prerequisite to the exercise of extraterritorial jurisdiction, the membership of the planning agency charged with the preparation or administration of proposed comprehensive planning for the area of extraterritorial jurisdiction shall be increased to include at least two additional members to represent the unincorporated area. Any additional member shall be a resident of the extraterritorial jurisdiction area outside the corporate limits and shall be appointed by the board of supervisors of the county wherein the unincorporated area is situated. Any such member shall have equal rights, privileges and duties with other members of the planning agency in all matters pertaining to the plans and regulations of the unincorporated area in which they reside both in preparation of the original plans and regulations and in consideration of any proposed amendments to such plans and regulations.

D. Any municipal legislative body exercising the powers granted by this section may provide for the enforcement of its regulations for the area of extraterritorial jurisdiction in the same manner as the regulations for the area within the municipality are enforced.

E. A county may enter into an intergovernmental agreement under the provisions of title 11, chapter 7, article 3 with any tribal government, city or town within the county for the following purposes:

1. Adoption of a joint development plan that may include land use, circulation, conservation, recreation, transportation and transit, public services and facilities, housing, economic development and public safety.

2. Adoption of a planning program addressing the timing and sequencing of public facilities and services to serve new and existing development and the staging of development in accordance with the availability of public facilities and services.

3. Adoption of a capital improvements program containing the following components:

(a) Identification of capital improvements needed to serve new development based on adopted service levels and adequate facilities standards for roads and sewer, water and drainage facilities.

(b) Estimated costs of construction of capital improvements and the timing of construction, expansion or extension of such facilities.

(c) Projected funding sources for capital improvements for each type of facility.

4. Implementation of the joint development plan through the exercise of planning, zoning, subdivision or land division regulatory powers conferred by law on cities, towns or counties.

5. Implementation of the capital improvements program through any of the following:

(a) Special assessment and county or municipal improvement districts.

(b) Development fees.

(c) Development agreements.

(d) Utility fees and excise taxes.

(e) Any other powers to finance capital improvements by cities or counties conferred by law.

The agreement shall specify how revenues derived from such measures are to be apportioned between the county and city and how such revenues are to be expended and accounted for.

F. The planning, zoning, subdivision or land division regulatory powers under subsection E, paragraph 4 may be exercised by any agency of the city, town or county as designated in the intergovernmental agreement. The agreement shall provide for:

1. A method of assuring owners of private lands or improvements affected by a joint development plan that:

(a) The exercise of any power conferred upon a city or county pursuant to the establishment of a joint development plan shall not impair or diminish the legal vested rights of any affected property owner.

(b) The county shall not require as a condition of development approval of the construction of any public facility or other exaction which has been included in the calculation of a development fee enacted pursuant to a development fee ordinance unless a credit or reimbursement has been made for the reasonable or excess value of included facilities advanced, dedicated or improved by a developer.

(c) No moratorium on final approval of subdivision plats, building permits or certificates of occupancy shall be adopted pending the adoption of the joint development plan.

(d) A property owner shall be afforded the opportunity at a public hearing held prior to adoption and implementation of the joint development plan to present information and evidence related to any alleged deprivation of the economically viable use of the property. If on the basis of the information and evidence presented there is reason to believe adoption or implementation of the joint development plan may result in a significant deprivation of the economically viable use of the property, adoption or implementation of the plan shall be postponed pending investigation and resolution of the alleged deprivation.

2. A method of notifying affected persons, including governmental entities, of public hearings on development decisions within the joint planning area.

3. A method of circulating development applications and recommendations for action for review by affected persons, including governmental entities.

4. Provisions for appearances at public hearings.

5. Provisions for defining aggrieved party status for administrative or judicial appeal of development decisions.

G. Notwithstanding any other extraterritorial jurisdictional limitations, the authority of an intergovernmental agreement made pursuant to subsection E may extend to a distance of twenty contiguous miles in any direction from the corporate limits of the city or town entering into such intergovernmental agreement with a county provided that the joint development plan shall apply to at least one of the following:

1. An area of the county within a three mile radius of the corporate limits of the city or town.

2. An area of the county within a three mile radius of an unincorporated population center where there is a reasonable expectation of annual population growth of at least six per cent using for purposes of projection the most recent United States decennial or special census.

3. Any area within the extraterritorial jurisdiction if all the property owners consent in writing to inclusion in the development plan.
A.R.S. § 9-1415 — Arizona Code / Title 9 / Chapter 13 / Article 2 / Section 1415
9-1415 Authority granted by uniform video service license; conditions and limitations prohibited; providing video service
Status: in_force

9-1415. Authority granted by uniform video service license; conditions and limitations prohibited; providing video service

A. Within the time frame that the local government has in place pursuant to section 9-835, but not later than forty-five days after the date an applicant files a completed application and affidavit pursuant to section 9-1414, the local government shall issue a uniform video service license to the applicant in the form prescribed by section 9-1411.  If the local government does not notify the applicant about the completeness of the uniform video service license agreement within the time period prescribed by section 9-1414, subsection D or issue the agreement within the time period required under this subsection, the agreement shall be considered complete and issued to the applicant in the form submitted.

B. The uniform video service license issued to an applicant, including an incumbent cable operator, by a local government is a nonexclusive license granting to the holder of the uniform video service license the authority for the term requested in the application to do all of the following:

1. Provide video service in all service areas designated in the application and affidavit filed with the local government.

2. Construct and operate a video service network in the highways in each service area in compliance with this chapter and all local laws that conform to this chapter and the purposes and objectives of this chapter.

C. A local government may not condition or limit a uniform video service license by imposing any obligation or requirement that is not authorized by this chapter, including any of the following:

1. Any office location, institutional network or other build-out, line extension, investment or other requirements relating to the overall scope, extent and timing of infrastructure, facilities or deployment of equipment.

2. Any requirements to pay to any person any application, document, license, service or other fee, tax, charge or assessment that is not authorized by this chapter.

D. A holder of a uniform video service license shall provide video service in accordance with the certifications made by the holder in each application and affidavit that the holder files with a local government pursuant to this article.
A.R.S. § 9-499.11 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 499.11
9-499.11 Lighting standards for municipal buildings; life cycle costing; evaluation standards; shielding
Status: in_force

9-499.11. Lighting standards for municipal buildings; life cycle costing; evaluation standards; shielding

A. A city or town with a population of fifty thousand or more persons shall provide for efficient and effective lighting systems for new construction and major renovations of municipal buildings, structures, facilities and areas as determined by an evaluation based on the illuminating engineering society of north America lighting handbook and recommended practices.

B. Life cycle costs as defined in section 34-454 shall be used to evaluate the design, equipment and materials that are considered pursuant to subsection A of this section.

C. All outdoor light fixtures that are owned and operated by a city or town and that are subject to the requirements of subsection A of this section shall be fully shielded as defined in section 49-1101, except that outdoor light fixtures for a municipal recreational area or municipal sports facility shall be fully or partially shielded as defined in section 49-1101. This subsection does not apply to those outdoor light fixtures that are not required to be shielded pursuant to section 49-1102.
A.R.S. § 9-461.17 — Arizona Code / Title 9 / Chapter 4 / Article 6 / Section 461.17
9-461.17 Telecommunications utility relocation; cost reimbursement; definitions
Status: in_force

9-461.17. Telecommunications utility relocation; cost reimbursement; definitions

A. To the fullest extent allowed by law, if any construction project in any municipality that is undertaken individually or jointly by an intergovernmental contract and that is funded in whole or in part by voter-approved municipal bond proceeds requires that a telecommunications utility adjust or otherwise relocate the telecommunications utility's facilities, the municipality shall reimburse the telecommunications utility, or cause the telecommunications utility to be reimbursed, for the telecommunications utility's relocation costs incurred on facilities located within the municipal boundaries.

B. If the telecommunications utility has existing land rights, the municipality shall provide at the municipality's expense the telecommunications utility with equal land rights in the new location of the relocated facilities. If the telecommunications utility's existing facilities are located in the right-of-way under a permit, the municipality shall provide at the municipality's expense the telecommunications utility with rights in the new location of the relocated facilities equivalent to the telecommunications utility's existing rights under the permit.

C. A telecommunications utility shall submit a verified itemized claim to the municipality for reimbursement of relocation costs within one hundred eighty days after each calendar quarter in which a telecommunications utility incurs relocation costs.

D. The municipality shall:

1. Review each verified itemized claim submitted pursuant to subsection C of this section. The review may include an audit conducted pursuant to standard industry accounting principles.

2. Reimburse the telecommunications utility for the relocation costs within ninety days after receipt of the verified itemized claim.

3. Reimburse verified itemized claims from all affected telecommunications utilities in the order of receipt.

E. The reimbursement limitation for paid claims of relocation costs for telecommunications utility facilities for which there are no existing land rights is not more than two percent of the total project monies. The total of the project monies is the total dollar amount of all voter-approved municipal bond proceeds that fund a construction project from time to time.

F. The total amount of reimbursement paid for claims of relocation costs of all telecommunications utility facilities for which there are no existing land rights may not exceed the reimbursement limitation.

G. If a verified itemized claim causes the total amount of all claims for telecommunications utility relocation costs to exceed the reimbursement limitation, that claim shall be reduced so that the total amount of reimbursement paid for all claims for which there are no existing land rights equals the reimbursement limitation.

H. If the dollar amount of the reimbursement limitation increases as a result of an increase in total project funds after the previous reimbursement limitation is exhausted, within thirty days after the reimbursement limitation is increased the municipality shall resume processing previously submitted and new verified itemized claims under this section.

I. The reimbursement limitation does not apply to any claims for reimbursement of relocation costs for telecommunications utility facilities with existing land rights or any amounts paid by the municipality to provide equivalent land or permit rights.  These claims and amounts are excluded from the reimbursement limitation.

J. This section does not:

1. Apply to a construction project funded in whole or in part with voter-approved municipal bond proceeds if approval of the bonds was referred to the voters, or the initiative petition for the bonds was applied for, before January 1, 2017.

2. Prohibit a municipality from complying with other applicable law, or with an agreement, that requires the municipality to reimburse a telecommunications utility for more relocation costs than this section provides.

K. For the purposes of this section:

1. "Intergovernmental contract" means the joint exercise of powers authorized by title 11, chapter 7, article 3.

2. "Municipality" includes a charter city.

3. "Relocation costs" means all costs of relocating a telecommunications utility's facilities that the telecommunications utility incurs as a direct result of the construction and operation of a construction project.  Relocation costs do not include profit but may include a reasonable allocation of general overhead expenses.

4. "Telecommunications utility" means any public service corporation, licensed cable television operator, video service provider, telephone line or telegraph line corporation, agricultural improvement district or other person engaged in the transmission, sale or delivery of telecommunications, telephone, cable television, video, internet or telegraph service directly to the public or to other users as to be effectively available directly to the public.
A.R.S. § 9-462.04 — Arizona Code / Title 9 / Chapter 4 / Article 6.1 / Section 462.04
9-462.04 Public hearing required; definition
Status: in_force

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 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 territor1y 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 giving 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, excluding government-owned 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, if such required number of votes is not 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, excluding government-owned property, 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.
A.R.S. § 9-512 — Arizona Code / Title 9 / Chapter 5 / Article 2 / Section 512
9-512 Issuance of bonds; service rates
Status: in_force

9-512. Issuance of bonds; service rates

A. The municipal corporation, for any and all purposes provided in section 9-511, may issue and sell bonds bearing interest not to exceed nine per cent per annum.

B. When the enterprise or public improvement has been purchased or constructed by means derived from the sale of bonds, the municipality shall fix the rates charged for service to the public as nearly as practicable so as to pay the interest and not less than three per cent per annum on the principal of the bonds, in excess of the expense of maintenance and operation.
A.R.S. § 9-482 — Arizona Code / Title 9 / Chapter 4 / Article 7.1 / Section 482
9-482 Expense of audits
Status: in_force

9-482. Expense of audits

The expense of the audit shall be paid by the city or town for which the audit is made. Contracts for the performance of such audits required by this article may be entered into without competitive bidding.
A.R.S. § 9-626 — Arizona Code / Title 9 / Chapter 6 / Article 2 / Section 626
9-626 Construction progress reports; auditor general performance measures
Status: in_force

9-626. Construction progress reports; auditor general performance measures

A. The eligible city shall report progress on the development of any eligible project to the joint committee on capital review twice annually during construction of the eligible project.

B. Within five years after the filing of the certificate of completion of construction of an eligible project pursuant to section 9-622, and after consultation with the eligible city, the auditor general shall conduct or contract for an economic and fiscal impact analysis of the eligible project in its fifth year of operation following the filing of the certificate of completion of construction.  At a minimum, the analysis shall:

1. Estimate the effects of direct, indirect and induced economic activity in this state associated with:

(a) Regional and national conventions and trade shows held at the site of the eligible project, the total amount of state general fund revenues derived from that economic activity and the estimated average annual attendance at those events assuming:

(i) The eligible project had not been completed.

(ii) The eligible project has been completed.

(b) The construction of the eligible project and the total amount of state general fund revenues derived from the construction activity.

2. Compute the total cumulative amount of distributions pursuant to section 9-602 for the first through fifth years following the filing of the certificate of completion of construction for the eligible project pursuant to section 9-622 and from the first through each subsequent fifth year.

3. Compute the net cumulative distributions for the eligible project by subtracting the amount determined pursuant to paragraph 1, subdivision (b) of this subsection from either the amounts determined pursuant to paragraph 2 of this subsection or, if applicable, the amount of state monies paid under a lease purchase agreement pursuant to section 41-791.04.

4. Based on the analysis conducted pursuant to this subsection, estimate the minimum required attendance at the eligible project for the fifth year following the filing of the certificate of completion of construction of an eligible project pursuant to section 9-622 and each year thereafter.  The estimates shall be computed as follows:

(a) Divide the total state general fund revenues estimated pursuant to paragraph 1, subdivision (a), item (ii) of this subsection by the attendance estimated pursuant to paragraph 1, subdivision (a), item (ii) of this subsection.

(b) Divide the net cumulative distribution amounts for the fifth year following the filing of the certificate of completion of construction of an eligible project pursuant to section 9-622 and each year thereafter computed pursuant to paragraph 3 of this subsection by the quotient computed pursuant to subdivision (a) of this paragraph.

(c) Add the average annual attendance estimated pursuant to paragraph 1, subdivision (a), item (i) of this subsection to each of the quotients determined pursuant to subdivision (b) of this paragraph.  The resulting sums are the minimum required attendance amounts for each year.

C. Beginning in the fifth calendar year following the filing of the certificate of completion of construction of an eligible project pursuant to section 9-622 and each year thereafter, the auditor general shall:

1. Estimate the average annual attendance at regional and national conventions and trade shows held at the site of the eligible project using any appropriate method to estimate the attendance.  The eligible city shall cooperate with and assist the auditor general in developing the estimates.

2. Compute the ratio of the cumulative sum of the estimated attendance amounts developed pursuant to paragraph 1 of this subsection for all years through the current year to the cumulative sum of the minimum required attendance amounts for those years computed pursuant to subsection B, paragraph 4, subdivision (c) of this section.

3. Notify the president of the senate, the speaker of the house of representatives and the governor of:

(a) The minimum required attendance amounts for those years computed pursuant to subsection B, paragraph 4, subdivision (c) of this section.

(b) The attendance estimate developed pursuant to paragraph 1 of this subsection.

(c) The ratio computed pursuant to paragraph 2 of this subsection.

D. Except as provided in paragraph 4 of this subsection, if the ratio computed pursuant to subsection C, paragraph 2 of this section is less than one:

1. The auditor general shall compute the difference between the estimated state general fund revenues and the net cumulative distributions by multiplying the net cumulative distributions computed pursuant to subsection B, paragraph 3 of this section by the difference between the ratio computed pursuant to subsection C, paragraph 2 of this section and one.

2. The auditor general shall notify the state treasurer of:

(a) The ratio computed pursuant to subsection C, paragraph 2 of this section.

(b) The difference computed pursuant to paragraph 1 of this subsection.

3. At the time of the next regularly scheduled distribution, the state treasurer shall withhold from the amount that would otherwise be distributed to the eligible city pursuant to section 42-5029 an amount equal to the amount stated in the notice received pursuant to paragraph 2 of this subsection.  If the amount available for distribution is less than the amount to be withheld, the state treasurer shall continue withholding from subsequent distributions until the full amount stated in the notice has been withheld.

4. The eligible city may request and the auditor general shall conduct or contract for a complete economic and fiscal impact analysis of the eligible project.  If an analysis is requested:

(a) The auditor general shall not notify the state treasurer pursuant to paragraph 2 of this subsection, and the state treasurer shall not withhold pursuant to paragraph 3 of this subsection, pending completion of the analysis.

(b) The analysis shall be similar to the analysis described in subsection B of this section, except that the analysis shall examine the operations of the eligible project in the year for which the ratio is less than one.

(c) The analysis, at a minimum, shall estimate the total cumulative incremental revenues to the state general fund resulting from the completion of the eligible project including the revenues resulting from the construction activity associated with the completion of the eligible project.

(d) And the analysis demonstrates that the total cumulative incremental revenues to the state general fund exceed the total cumulative amount of distributions pursuant to section 9-602 as computed in subsection B, paragraph 3 of this section, the auditor general shall not notify the state treasurer pursuant to paragraph 2 of this subsection and the state treasurer shall not withhold pursuant to paragraph 3 of this subsection.

(e) And the analysis demonstrates that the total cumulative incremental revenues to the state general fund are less than the total cumulative amount of distributions pursuant to section 9-602 as computed in subsection B, paragraph 3 of this section:

(i) The auditor general shall subtract the amount of the total cumulative incremental revenues to the state general fund from the amount of the total cumulative distributions.

(ii) The auditor general shall notify the state treasurer of the difference computed pursuant to item (i) of this subdivision.

(iii) At the time of the next regularly scheduled distribution, the state treasurer shall withhold from the amount that would otherwise be distributed to the eligible city pursuant to section 42-5029 an amount equal to the amount stated in the notice received pursuant to item (ii) of this subdivision.  If the amount available for distribution is less than the amount to be withheld, the state treasurer shall continue withholding from subsequent distributions until the full amount stated in the notice has been withheld.

E. The eligible city shall reimburse the auditor general for any costs incurred in complying with the requirements of this section.
A.R.S. § 9-453 — Arizona Code / Title 9 / Chapter 4 / Article 5 / Section 453
9-453 Cemetery maintenance fund
Status: in_force

9-453. Cemetery maintenance fund

A. The governing body of a city or town having and maintaining a cemetery may establish a maintenance fund to provide for the maintenance and care of such cemetery. Such maintenance fund shall consist of all amounts received by the city or town in the form of bequests, donations, grants or gifts of all kinds or property, in fee simple or otherwise, for the purpose of cemetery maintenance, and cities and towns are empowered to accept such bequests, donations, grants and gifts to become part of such maintenance funds.  In addition, there may be paid into such fund each year such amounts as the governing body may determine.

B. All amounts paid into or that become a part of a cemetery maintenance fund may be invested or reinvested by the governing body in the manner provided in section 38-848 for the investment of funds of the public safety personnel retirement system, and the duties, limitations, and obligations of the governing body with respect to such maintenance fund shall, so far as practical, be the same as the duties, limitations and obligations of the board of trustees with respect to the funds of the public safety personnel retirement system.
A.R.S. § 9-1443 — Arizona Code / Title 9 / Chapter 13 / Article 4 / Section 1443
9-1443 License fee; requirements, conditions and limitations; pass through to subscribers
Status: in_force

9-1443. License fee; requirements, conditions and limitations; pass through to subscribers

A. For the privilege of a video service provider to occupy or use, in whole or in part, any highway within the boundaries of a local government to provide video service through a video service network, the local government may require a video service provider to pay a license fee to the local government based on the gross revenue that the video service provider receives from its subscribers located within the boundaries of the local government.  The license fee both:

1. Is subject to the limit prescribed in section 9-1442, subsection B and to offset, including amounts collected from subscribers, as prescribed by section 9-1442, subsections A and I and subsection D of this section.

2. Shall be due no more often than quarterly.

B. If the local government requires a license fee pursuant to subsection A of this section, the local government shall adopt a local law that imposes the license fee equally and uniformly on all of the following that are operating within the boundaries of the local government:

1. Video service providers.

2. Holdover cable operators.

C. A video service provider shall pay the entire amount of the license fee directly to the local government in a check, draft or note or automated clearinghouse transaction that is payable in legal tender as defined in section 43-1021.

D. A video service provider may do all of the following:

1. Pass the license fee through to and collect the license fee from its subscribers within the boundaries of the local government, including for an incumbent cable operator any change in license fees that results from a change in the applicable definition of gross revenue.

2. Designate the amount of the license fee collected from each subscriber as a separate line item on the subscriber's bill.
A.R.S. § 9-825 — Arizona Code / Title 9 / Chapter 7 / Article 3 / Section 825
9-825 Election boards; appointment
Status: in_force

9-825. Election boards; appointment

At least ten days before an election held in a city or town not exceeding two thousand in population, according to the last official census thereof, the governing body shall appoint, from the qualified electors thereof, one inspector, two judges and two clerks, who shall constitute the election board. In a city or town exceeding two thousand in population, according to the last official census thereof, the governing body shall appoint one inspector, two judges and two clerks for each precinct within the corporate limits thereof who shall constitute the election board for such precinct.
A.R.S. § 9-951.01 — Arizona Code / Title 9 / Chapter 8 / Article 3 / Section 951.01
9-951.01 Definition
Status: in_force

9-951.01. Definition

As used in this article, "volunteer fire company" includes "volunteer fire district".
A.R.S. § 9-1442 — Arizona Code / Title 9 / Chapter 13 / Article 4 / Section 1442
9-1442 Fees and charges; emergency alert; damage; undergrounding; wireless facilities; definition
Status: in_force

9-1442. Fees and charges; emergency alert; damage; undergrounding; wireless facilities; definition

A. Except the license fee on gross revenue authorized by section 9-1443 and transaction privilege taxes as provided in subsection B of this section, a local government may not levy a tax, rent, fee or charge, however denominated, on a video service provider for the use of the highways to provide video service or levy a tax, fee or charge on the privilege of engaging in the business of providing video service in the service area. Taxes, rents, fees and charges include all of the following:

1. Access channel support except for in-kind services, goods or payments as provided in subsection C of this section.

2. Rental, application, construction, permit, inspection, inconvenience and other fees and charges related to a video service provider's use of the highways, including the use authorized by subsection D of this section except that a local government may impose on a video service provider some or all of the fees and charges described in this paragraph.  A video service provider shall offset the fees and charges imposed pursuant to this paragraph against the next license fee payment made pursuant to section 9-1443.

B. Any transaction privilege taxes otherwise authorized by local law to be levied on the business of providing video service or in relation to use of the highways to provide video service may be levied on a video service provider if the taxes are levied only on gross revenue and the rate of the taxes is subject to this subsection.  This subsection does not authorize the imposition of transaction privilege taxes on interstate telecommunications service. The license fee and any transaction privilege taxes levied on gross revenue constitute a franchise fee within the meaning of the term in 47 United States Code section 542(g). The total of the rates of the license fee and of any transaction privilege taxes on gross revenue levied or assessed by a local government for the privilege of providing video service and related use of the highways to provide video service may not exceed a rate of five percent.

C. Subsection A of this section does not prohibit a local government from levying fees and charges on a video service provider or its affiliates pursuant to section 9-584 or pursuant to chapter 5, article 8 of this title without an offset against license fees.

D. A local government may not require a video service provider to provide in-kind goods or services, make in-kind payments, assessments or obligations or pay a fee in addition to the monetary license fee levied or assessed as provided in section 9-1443, except for any of the following:

1. A local law may impose and enforce obligations equally and uniformly on all video service providers that are operating within the boundaries of a local government and on all holdover cable operators that hold a local license that remains in effect under section 9-1414, subsection A. Under the local law, a local government:

(a) May require all video service providers to provide channel capacity for the video service provider to transmit programming over which the video service provider exercises no editorial control except as authorized by 47 United States Code section 531(e).  The channel capacity shall be limited to one of the following:

(i) Not more than two channels of public, educational or governmental access programming in the basic service tier of the video service network and not more than two channels of noncommercial governmental programming, at least one of which may be programmed by the federal government, in the digital programming tier of the video service network.

(ii) Not more than two lines of access programming with each line of programming carried on up to two standard definition channels and two switched digital high-definition channels.

(b) Shall specify the programming and the video service provider may require that the channels regularly display an unobtrusive logo or other suitable identifier of the video service provider, if the local government requires channel capacity pursuant to subdivision (a) of this paragraph.

(c) May require all video service providers to incur costs and expenses to provide, maintain and operate facilities and equipment of the video service network, including facilities and equipment for signal carriage, processing, reformatting and interconnection for all of the following:

(i) To connect the video service network or cable system, as it may be relocated from time to time, to transmit programming to and from existing locations of public, educational or governmental access facilities and to allow monitoring of access programming at the facilities.

(ii) To transmit public, educational and governmental access channels to subscribers with the same prevailing quality, functionality and identification as other channels.

(d) May require all video service providers and incumbent cable operators to provide at no initial or recurring charge the basic service tier of video service to one outlet and one receiving device at each building occupied by the local government if the building is not more than two hundred feet from the nearest technically and commercially feasible point of connection on the video service network.

2. A local government may retain nonreceiving equipment that it owns without charge for the equipment's use and at the local government's expense, including equipment previously provided by an incumbent cable operator.

E. A local law may not impose any obligation on a video service provider under subsection D of this section that is more burdensome than the least burdensome requirement under any local license with a service area within the boundaries of the local government that was in effect on February 1, 2019.

F. None of the annual fair market value of any channel capacity provided pursuant to subsection D, paragraph 1, subdivision (a), the annual costs and expenses incurred pursuant to subsection D, paragraph 1, subdivision (c) and the annual fair market value of basic service and line extension provided pursuant to subsection D, paragraph 1, subdivision (d) may be offset against the license fee levied or assessed under this section.

G. Notwithstanding subsection A of this section, by a nondiscriminatory local law that imposes and enforces the obligations equally and uniformly on all video service providers operating within the boundaries of a local government, a local government may require that a video service provider bear all of the reasonable costs that are associated with repair and restoration of damage caused to private property or highways by the repair, replacement, installation, construction, maintenance or operation of the video service provider's facilities in the highways and that are imposed on a competitively neutral and nondiscriminatory basis in relation to costs borne by telecommunications corporations under section 9-582, subsection C.

H. On application, a local government shall issue to a video service provider or its affiliate a permit to attach allowed Wi-Fi radio equipment to the video service network in the highways within the boundaries of the local government. The permit shall allow installation, operation and maintenance of allowed Wi-Fi radio equipment. A local government may require that all of the allowed Wi-Fi radio equipment at a single location fit within a fifteen-inch cube and be contained entirely within a ground-mounted pedestal or be connected directly to and mounted at the same height as one of the video service provider's aerial horizontal conductors.  This subsection does not do any of the following:

1. Prohibit a local government from requiring a video service provider to place underground aerial facilities to which allowed Wi-Fi equipment is attached.

2. Prohibit the imposition of a tax, rent, fee or charge on revenue from services provided through allowed Wi-Fi radio equipment.

3. Affect the authority of a local government to manage the highways within its boundaries or to exercise its police powers, including review and approval of an application before issuing a permit.

4. Affect any authority of a political subdivision, including an agricultural improvement district or any other special taxing district, the local government or any other person controlling utility poles in the highways to deny, limit, restrict or determine the terms and conditions for the use of or attachment to the utility poles or attachments to other poles of the political subdivision, local government or other person by a video service provider.

I. This section does not prohibit a video service provider from agreeing with a local government to provide in-kind services or goods or make in-kind payments in the service area that are otherwise prohibited by this section if the agreement with the local government is not entered into as a condition of operating in the service area under a uniform video service license issued pursuant to this chapter. The agreement may authorize the video service provider to retain license fees and taxes collected from its subscribers in the amount of any offset to license fees specified in the agreement.

J. For the purposes of this section, "allowed Wi-Fi radio equipment" means radio equipment that uses only unlicensed radio spectrum and that enables wireless communication with a communications network for unlicensed services such as Wi-Fi service.
A.R.S. § 9-500.04 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.04
9-500.04 Air quality control; definitions
Status: in_force

9-500.04. Air quality control; definitions

A. The governing body of a city or town in area A or area B as defined in section 49-541 shall:

1. If the city has a population exceeding fifty thousand persons according to the 1995 special census, adjust the work hours of at least eighty-five per cent of municipal employees each year beginning October 1 and ending April 1 in order to reduce the level of carbon monoxide, ozone and particulate matter concentrations caused by vehicular travel.

2. In area A, in consultation with the designated metropolitan planning organization, synchronize traffic control signals on all existing and new roadways, within and across jurisdictional boundaries, that have average daily trips exceeding fifteen thousand motor vehicles per day.

3. In area A, beginning on January 1, 2008, develop and implement plans to stabilize targeted unpaved roads, alleys and unpaved shoulders on targeted arterials.  The plans shall address the performance goals, the criteria for targeting the roads, alleys and shoulders, a schedule for implementation, funding options and reporting requirements. Priority shall be given to the following:

(a) Unpaved roads with more than one hundred average daily trips.

(b) Unpaved shoulders on arterial roads and other road segments where vehicle use on unpaved shoulders is evident or anticipated due to projected traffic volume.

4. In area A, acquire or utilize vacuum systems or other dust removal technology to reduce the particulates attributable to conventional crack sealing operations as existing equipment is retired.

5. In area A, in order to reduce particulate matter in ambient air:

(a) Beginning March 31, 2008, on any high pollution advisory day forecast by the department of environmental quality prohibit employees or contractors of that city or town from operating leaf blowers except while in vacuum mode and prohibit those employees or contractors from blowing landscape debris into public roadways at any time.

(b) No later than March 31, 2008, adopt, implement and enforce an ordinance that bans the blowing of landscape debris into public roadways at any time by any person.

6. In area A, no later than March 31, 2008, adopt or amend codes or ordinances and, no later than October 1, 2008, commence enforcement of those codes or ordinances as necessary to require that parking, maneuvering, ingress and egress areas at developments other than residential buildings with four or fewer units are maintained with one or more of the following dustproof paving methods:

(a) Asphaltic concrete.

(b) Cement concrete.

(c) Penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate.

(d) A stabilization method approved by the city or town.

7. In area A, no later than March 31, 2008, adopt or amend codes or ordinances and, no later than October 1, 2009, commence enforcement of those codes or ordinances as necessary to require that parking, maneuvering, ingress and egress areas that are three thousand square feet or more in size at residential buildings with four or fewer units are maintained with a paving or stabilization method authorized by the city or town by code, ordinance or permit.

8. In area A, no later than March 31, 2008, adopt or amend codes or ordinances as necessary to restrict vehicle parking and use on unpaved or unstabilized vacant lots.

9. In area A, no later than March 31, 2008, require that new or renewed contracts for street sweeping on city streets must be conducted with street sweepers that meet the south coast air quality management district rule 1186 street sweeper certification specifications for pick up efficiency and PM-10 emissions in effect on January 1, 2007.

10. In area B, synchronize traffic control signals on all roadways that have average daily trips exceeding fifteen thousand motor vehicles per day.

B. The governing body of a city or town in area B as defined in section 49-541 may make and enforce ordinances to reduce or encourage the reduction of the commuter use of motor vehicles by employees of the city or town and employees whose place of employment is within the city or town.

C. Except as provided in subsection F of this section, the governing body of a city or town in area A as defined in section 49-541 in a county with a population of more than one million two hundred thousand persons according to the most recent United States decennial census shall develop and implement a vehicle fleet plan for the purpose of encouraging and progressively increasing the use of alternative fuels and clean burning fuels in city or town owned vehicles.  The plan shall include a timetable for increasing the use of alternative fuels and clean burning fuels in fleet vehicles either through purchase or conversion.

D. The timetable shall reflect the following schedule and percentage of vehicles that operate on alternative fuels and clean burning fuels:

1. At least eighteen per cent of the total fleet by December 31, 1995.

2. At least twenty-five per cent of the total fleet by December 31, 1996.

3. At least fifty per cent of the total fleet by December 31, 1998.

4. At least seventy-five per cent of the total fleet by December 31, 2000 and each year thereafter.

E. The requirements of subsections C and D of this section may be waived on receipt of evidence acceptable to the city or town council that the city or town is unable to acquire or be provided equipment or refueling facilities necessary to operate vehicles using alternative fuels or clean burning fuels at a projected cost that is reasonably expected to result in net costs of no greater than ten per cent more than the net costs associated with the continued use of conventional gasoline or diesel fuels measured over the expected useful life of the equipment or facilities supplied.  Applications for waivers shall be filed with the department of environmental quality pursuant to section 49-412.  An entity that receives a waiver pursuant to this section shall retrofit fleet heavy duty diesel vehicles with a gross vehicle weight of eight thousand five hundred pounds or more, that were manufactured in or before model year 1993 and that are the subject of the waiver with a technology that is effective at reducing particulate matter emissions at least twenty five per cent or more and that has been approved by the United States environmental protection agency pursuant to the urban bus engine retrofit/rebuild program.  The entity shall comply with the implementation schedule pursuant to section 49-555.

F. The plan prescribed by subsection C of this section shall include provisions for the use of alternative fuels and clean burning fuels in the bus fleet operated by that city or town or a regional public transportation authority, except that all newly purchased buses shall use alternative fuel or clean burning fuel.  The bus fleet shall comply with the timetable prescribed by subsection D of this section, except that the requirements of subsections C and D of this section may be waived on receipt of certification supported by evidence acceptable to the department of environmental quality that the city or town is unable to acquire or be provided equipment or refueling facilities necessary to operate vehicles using alternative fuels or clean burning fuels at a projected cost that is reasonably expected to result in net costs of no greater than twenty per cent more than the net costs associated with the continued use of conventional gasoline or diesel fuels measured over the expected useful life of the equipment or facilities supplied.

G. If the requirements of subsections C, D and F of this section are met by the use of clean burning fuel, vehicle equivalents under those requirements shall be calculated as follows:

1. One vehicle equivalent for every four hundred fifty gallons of neat biodiesel or two thousand two hundred fifty gallons of a diesel fuel substitute prescribed in section 1-215, paragraph 7, subdivision (b).

2. One vehicle equivalent for every five hundred thirty gallons of the fuel prescribed in section 1-215, paragraph 7, subdivision (d).

H. Subsection A, paragraphs 5 through 8 of this section do not apply to any site that has a permit issued by a control officer as defined in section 49-471 for the control of fugitive dust from dust generating operations.

I. For the purposes of this section, "alternative fuel" and "clean burning fuel" have the same meanings prescribed in section 1-215.
A.R.S. § 9-463.04 — Arizona Code / Title 9 / Chapter 4 / Article 6.2 / Section 463.04
9-463.04 Extraterritorial jurisdiction
Status: in_force

9-463.04. Extraterritorial jurisdiction

A. In any county not having county subdivision regulations applicable to the unincorporated territory, the legislative body of any municipality may exercise the subdivision regulation powers granted in this article both to territory within its corporate limits and to that which extends a distance of three contiguous miles in all directions of its corporate limits and not located in a municipality. Any ordinance intended to have application beyond the corporate limits of the municipality shall expressly state the intention of such application. Such ordinance shall be adopted in accordance with the provisions set forth therein.

B. The extraterritorial jurisdiction of two or more municipalities whose territorial boundaries are less than six miles apart terminates at a boundary line equidistant from the respective corporate limits of such municipalities, or at such line as is agreed to by the legislative bodies of the respective municipalities.

C. As a prerequisite to the exercise of extraterritorial jurisdiction, the membership of the planning agency charged with the preparation or administration of proposed subdivision regulations for the area of extraterritorial jurisdiction shall be increased to include two additional members to represent the unincorporated area. Any additional member shall be a resident of the three mile area outside the corporate limits and be appointed by the legislative body of the county in which the unincorporated area is situated. Any such member shall have equal rights, privileges and duties with the other members of the planning agency in all matters pertaining to the plans and regulations of the unincorporated area in which they reside, both in preparation of the original plans and regulations and in consideration of any proposed amendments to such plans and regulations.

D. Any municipal legislative body exercising the powers granted by this section may provide for the enforcement of its regulations for the area of extraterritorial jurisdiction in the same manner as the regulations for the area within the municipality are enforced.
A.R.S. § 9-500.23 — Arizona Code / Title 9 / Chapter 4 / Article 8 / Section 500.23
9-500.23 Authority to provide fire protection and emergency services outside corporate limits
Status: in_force

9-500.23. Authority to provide fire protection and emergency services outside corporate limits

In addition to the powers provided by section 9-500.20 if approved by a municipal resolution, a city or a town may provide fire and emergency medical services outside its corporate limits to a county island as provided by section 11-251.12 or 48-853.  A city or town that provides fire and emergency medical services outside its corporate limits pursuant to section 11-251.12 or 48-853 and the county treasurer for the county in which the municipality is located may enter into an agreement for the county treasurer to collect municipal fire and emergency services fees from owners of record in that area of the county.  The municipality and the county treasurer may provide by agreement for the payment of the county treasurer's collection expenses from these fees, and if so provided, the fees shall include an amount for compensation of the county treasurer.  Any compensation received by the county treasurer pursuant to this section shall be deposited pursuant to section 11-496.