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A.R.S. § 9-499.08. provides that the governing body of a city or town may designate one commercial enhancement reuse
district in the city or town that meets all of the following requirements:
1. The district contains a lake facility that exists before the expiration of the certicate of qualication under
subsection D of this section.
2. The district contains not more than twenty-ve acres, in addition to the lake facility.
3. The district includes recreational, commercial and retail facilities that exist before the expiration of the certicate
of qualication under subsection D of this section and that may be publicly or privately owned or operated.
4. The district is located in a redevelopment area that is established pursuant to Title 36, Chapter 12, Article 3.
A builder who wishes to qualify a development as a lake facility development for purposes of a transaction privilege tax
exemption under § 42-5075 subsection B, paragraph 8 and § 42-6004 shall apply to the city or town for a certication of
lake facility development qualication. On receiving the application, the city or town may certify the development as a
lake facility development if it determines that all of the following are true:
1. The development will contribute to the long-term vitality of the commercial enhancement reuse district.
2. The quality of the proposed development is appropriate to the area.
3. The investment to be made in the development is at least forty million dollars.
For the purposes of this provision, the following denitions apply:
1. “Builder” means a person who acts as a prime contractor, as dened in § 42-5075, in constructing any new lake
facility development in a designated commercial enhancement reuse district.
2. “Lake Facility” means a publicly or privately owned articial lake or a publicly or privately owned constructed
aquatic habitat and related reservoir that covers at least one hundred acres within the exterior boundaries of the city or
town and that is impounded primarily in an existing natural riverbed or that is adjacent to an existing natural riverbed,
with related facilities for use of and access to water.
3. “Lake Facility Development” means a lake facility and ancillary improvements for which the construction costs
do not exceed one hundred twenty-ve million dollars and for which the builder has received a certicate of qualication
under § 9-499.08. Ancillary improvement may include the following, whether located in or outside the lake facility or
whether newly constructed or renovated:
(a) necessary or incidental workings.
(b) necessary or desirable furnishings, equipment and appurtenances associated with the lake.
(c) impoundment structures, edge treatment, and water delivery and recovery systems.
(d) drainage and ood control systems, including facilities for collection, transportation, diversion, storage,
detention, retention, dispersal, efuent use and discharge.
(e) water systems for domestic, irrigation, municipal or re protection purposes including production, collection,
storage, treatment, transportation, delivery and connection with dispersal.
(f) roadways and shared parking facilities for the lake, public recreation areas, open space and hardscape areas.
(g) pedestrian walkways, trails, parks, recreational facilities and open space areas for use by the public for
entertainment, assembly and recreation.
(h) relocating power lines or placing power lines underground.
ADOR 60-2013 (5/02)
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