§ 6.1406. PSD District Requirements.

A.

Development standards. The property, as defined by the PSD District perimeter boundary, shall comply with all required development standards of the underlying zoning district(s).

B.

Transfer of development rights.

1.

If the development of the individual lots, parcels, or tracts located within the PSD District will result in transfer of density or other development rights or obligations from one lot, parcel, or tract to another, then the proposed transfer of development rights shall be subject to the following additional requirements:

a.

The City shall be responsible for the issuance and recordation of instruments necessary to sever development rights and obligations from the sending property and to affix development rights and obligations to the receiving property. Such instrument shall be executed by the affected property owners and lienholders, and shall provide for the following:

i.

Approval and consent of any transfer of development rights and obligations by the property owners of both the sending and receiving properties.

ii.

The preservation of the character of the sending property and assurance that the prohibitions against the use and development of the sending property shall bind the landowner(s) and every successor in interest to the landowner(s).

iii.

The severance of transferable development rights and obligations from the sending property and the delayed transfer of development rights and obligations to the receiving property.

iv.

The purchase, sale, exchange or other conveyance of transferable development rights and obligations prior to the rights and obligations being affixed to a receiving property.

b.

The City shall monitor the severance, ownership, assignment and transfer of transferable development rights and obligations. All severance and transfer of development rights not approved by the City before made are void. Each owner has an affirmative duty to inform the City of any change in ownership and assignment of owner rights and obligations.

c.

The City at its option may purchase development rights and hold them for future resale.

d.

The City may enter into an Intergovernmental Agreement with another municipality or county for the transfer of development rights between jurisdictions.

C.

Development agreement and maintenance of shared facilities.

1.

All proposals for the PSD District are subject to City Council approval of a development agreement that specifies:

a.

The identity of the person(s)/entity(ies) owning all parcels within the PSD District, and a requirement that any person or entity owning a parcel will have an affirmative duty to notify the City of a proposed change in ownership.

b.

The designation of a single City contact and property manager who is responsible for complying with and maintaining the shared facilities.

c.

The legal description of the lots, parcels and tracts located within the PSD District.

d.

The establishment of an association to maintain common areas, shared facilities and community-owned property.

e.

A requirement that the association record a Master Declaration of Easements, Covenants, Conditions and Restrictions in the official records of the Maricopa County Recorder identifying how maintenance of the common areas, shared facilities and community-owned property will be maintained, and that the City be notified of such recordation. Each property owner and the Association will be responsible for the content and enforceability of such Declaration. The City will not be a party to, undertake a review of, approve, or disapprove such Declaration.

f.

An indemnification by the property manager and property owners indemnifying and holding the City, its employees, agents and officials harmless from any and all claims including reasonable attorney's fees and costs that may arise from any person(s)/entity(ies) owning any part of the property within a PSD District, which they may bring against the City resulting from the development or from the division of property within a PSD District.

g.

If, at any time, upon or after its creation, the PSD District includes or seeks to include residential condominiums subject to A.R.S. Section 33-1201 et seq., then, for purposes of the PSD District and this zoning ordinance, the term "property owner" shall mean the "unit owners' association" as defined in such statutes, and the Master Declaration of Easements, Covenants, Conditions and Restrictions for the PSD District shall explicitly so provide.

h.

A requirement that the owners of the parcels within the PSD district are jointly and severally responsible for the maintenance of common areas, shared facilities, and community owned property. In no event will the City be bound by private agreements between property owners as to responsibility for such maintenance.

D.

Plat. To establish property boundaries in conformance with the Development Plan, the owner shall submit the application for review in conformance with the City's codes, policies and regulations.

(Ord. No. 4244, § 2, 5-17-16; Ord. No. 4333, § 1, 3-6-18)