11-810 Requirement of planned community prohibited

11-810. Requirement of planned community prohibited

A. A county planning and zoning commission in exercising its authority pursuant to this title shall not require as part of a subdivision approval or zoning ordinance that a subdivider or developer establish an association as defined in section 33-1802.  A subdivider or developer shall not be penalized because a real estate subdivision or development does not constitute or include a planned community.

B. A county may require a subdivider or developer to establish an association to maintain private, common or community owned improvements that are approved and installed as part of a preliminary plat, final plat or specific plan.  A county shall not require that an association be formed or operated other than for the maintenance of common areas or community owned property.  This subsection applies only to planned communities that are established in plats recorded after the effective date of this section.

C. This section does not limit the subdivider or developer in the establishment or authority of any planned community established pursuant to title 33, chapter 16 or limit a subdivider, a developer or an association from requesting and entering into a maintenance agreement with a county.