(A) Improvements in general.
(1) The cost of all street and related improvements including but not limited to paving, storm drains, utility installations, landscaping, signalization and lighting located in or adjacent to new projects or areas to be developed or redeveloped, shall be the full responsibility of the owner of such an area to be developed or redeveloped. Construction of such improvements shall meet applicable standards of the city.
(2) If approved by the city, the improvements may be constructed as part of an improvement district in accordance with subsection (B) below.
(B) Improvement districts. If the improvements required by subsection (A) above are constructed as part of an improvement district, the provisions of this section shall apply.
(1) Except as provided in subsections (B)(2), (3) and (4) below, property in an improvement district shall be assessed for all the street and related improvements constructed pursuant to the improvement district and shall be assessed in accordance with the method of assessment adopted by the council for the cost of the improvements.
(2) Except in an improvement district created primarily to benefit existing single-family residential uses, an existing single-family residential use may receive a credit for the street and related improvements equal to its assessment as determined by the assessment method for the improvement district. If the existing single-family residential use changes to use other than single-family residential use, then upon rezoning or upon development (defined as issuance of a. building permit for a use other than a single-family residential Use on the property) the credit shall be extinguished and any amount credited for the construction of the improvements by the improvement district shall be paid to the city. No zoning change shall be approved nor building permit be issued for the property related to a change of use from a single-family residential use until the amount of the credit is paid.
(3) A single-family residential use existing at the time of the adoption of a resolution of intention to create the improvement district maybe included in the improvement district. If included in the district and if the district is not created primarily to benefit existing single-family residential uses, the owner of the property shall either:
(a) Pay the assessments associated with that property; or
(b) Enter into an agreement with the city which provides the terms and conditions under which the city will pay the cost (assessments) of the improvements and property owner repays those costs (assessments) upon a zoning change, development of the property (defined as issuance of a building permit for a use other than a single-family residential use), or sale of any of the property.
(4) The assessments for street and related improvements in a subdivision may be paid by the subdivider of the subdivision rather than the purchaser of the lots from the subdivider if the subdivider enters into a contract with the city for the payment of the assessments. The contract shall be recorded in the office of the Pinal County recorder.
(Ord. 1424, passed 5-19-2016)