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ARIZONA STATUTES AND CODES

11-806.02

11-806.02. Subdivision reservation for public facilities and services; conditions; procedures; time limitation

(Rpld. 10/1/11)

A. A board of supervisors 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 comprehensive plan or amendment of the plan affecting the land area to be reserved.

2. The required reservations are in accordance with definite principles and standards adopted by the board or commission.

3. The land area reserved is of such a size and shape as to permit 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 is in such multiples of streets and parcels as to permit an efficient division of the reserved area if it is not acquired within the prescribed period.

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

C. If the public agency for whose benefit an area has been reserved does not exercise the reservation agreement within the one year period or an extended period mutually agreed on by the public agency and the subdivider, the reservation of the area terminates.

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