Chapter 18.72


18.72.010    Purpose.

18.72.020    Definitions.

18.72.030    Submittal requirements.

18.72.040    Approval process.

18.72.050    Duration of protected development right.

18.72.010 Purpose.

The purpose of this chapter is to provide a process by which a landowner may establish a protected development right in the town of Sahuarita in conformance with Arizona Revised Statutes. [Ord. 2012-068 § 1.]

18.72.020 Definitions.

A. “Protected development right” means the right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan and ARS 9-1202, without compliance with subsequent changes in zoning regulations and development standards, except as provided in ARS 9-1204.

B. “Protected development right plan” means a site plan, development plan or subdivision plat submitted by the property owner to the town that, for phased and nonphased developments, at a minimum shall describe with a reasonable degree of certainty all of the following:

1. The proposed uses of the site.

2. The boundaries of the site.

3. Significant topographical and other natural features affecting development of the site.

4. The number of dwelling units.

5. The location of all existing and proposed utilities and a provision for other infrastructure on the site, including water, sewers, roads and pedestrian walkways.

6. In addition to the above, a nonphased development must also include: the square footage and height of proposed buildings and other structures; the general location on the site of proposed buildings, structures and other improvements; and must provide the final site development approval needed for issuance of a building permit. [Ord. 2012-068 § 1.]

18.72.030 Submittal requirements.

A. The property owner must identify the plan submitted as a proposed protected development right plan. The plan may be identified as a phased development at the time of submittal.

B. The plan must contain all of the elements indicated in STC 18.72.020(B).

C. The town may require submittal of traffic reports or studies, drainage reports or studies, master street plans, development phasing schedules and public infrastructure phasing schedules if the proposed plan is a master planned development or other development of significant impact.

D. Fees are based on the adopted town fee schedule for the applicable submittal type. [Ord. 2012-068 § 1.]

18.72.040 Approval process.

A. A plan submitted as a protected development right plan is reviewed for compliance with applicable codes and standards by staff and other review agencies. The plan will be forwarded to the town council for approval as a protected development plan only after staff has found it to be in compliance.

B. The town council shall consider approval of a protected development right plan at a public meeting. The town council may approve, approve with conditions or deny the request to establish a protected development right plan.

C. Development Plans and Subdivision Plats.

1. The town council may designate by resolution an approved development plan that was not identified as a protected development right plan at the time of submittal upon a finding that granting the protected development right will promote reasonable certainty, stability and fairness in the land use planning and regulatory process and secure the reasonable investment-backed expectations of the property owner.

2. A final plat approved by the town council, subject to Chapter 18.69 STC, shall be a protected development right plan.

D. After the approval of a protected development right plan, the plan may be subject to further reviews and approvals by the town to ensure compliance with other applicable codes. The protected development right is established only for the specific elements of the development shown on the approved protected development right plan. More detailed plans will be required for phased developments in order to obtain final site development approval. [Ord. 2012-068 § 1.]

18.72.050 Duration of protected development right.

A. The duration of a protected development right for a nonphased development is three years.

B. The duration of a protected development right for a phased development is five years.

C. The town council may grant a single, two-year extension.

D. The effective date of the protected development right, or time extension, is the date of town council action.

E. A protected development right terminates at the end of the applicable time period per this chapter. If a building permit has been issued before the termination date, the protected development right remains valid until the building permit expires, but no longer than one year. Only those principal structures for which footings or foundations are completed may be finished under a protected development right which has expired. [Ord. 2012-068 § 1.]