HomeMy WebLinkAboutOrdinance 95.02 Amending the land development code relating to development agreements
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ORDINANCE NO. 95.02
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING SECTION 04.05,
ENTITLED "DEVELOPMENT AGREEMENTS", AND ADOPTING SECTION 04.06,
ENTITLED ''REIMBURSEMENTS FOR PUBLIC IMPROVEMENTS", AS AMENDMENTS TO
THE MARANA LAND DEVELOPMENT CODE.
WHEREAS, the Town Council of the Town of Marana did on May 14, 1984 adopt
Ordinance No. 84.04 which Ordinance adopted a Land Development Code for the Town of Maran a,
said Ordinance having been amended a number of times; and
WHEREAS, the Town Council has determined that it would be in the best interests of the
Town ofMarana to make substantial modifications to Title 4 of the Land Development Code adding
a new section to the Development Code providing for a procedure for the orderly and uniform
adoption of Development Agreements affecting land within the boundaries of the Town of Maran a;
and
WHEREAS, the Town Council has determined that it would be in the best interests ofthe
Town ofMarana to make substantial modifications to Title 4 of the Land Development Code adding
a new section to the Development Code providing for a procedure whereby developers may obtain
reimbursement from other developers for certain infrastructure constructed within the boundaries
ofthe Town of Maran a, and
WHEREAS, the Marana Planning Commission held a public hearing on the proposed
modifications to the Land Development Code on October 26, 1994, and following this public
hearing recommended that the Town Council adopt the proposed modifications; and
WHEREAS, the Town Council of the Town of Maran a held a public hearing on the proposed
modifications to the Land Development Code on December 6, 1994, in order to obtain public input
on the proposed modifications, and has considered the modifications and believes them to be in the
best interests of the Town of Mar ana.
NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Maran a
Arizona, as follows:
Section I: The Marana Land Development Code shall be amended by adding Section 04.05,
titled "Development Agreements", and Section 04.06, titled "Reimbursements for Public
Improvements" .
Section II: Those certain documents known as Land Development Code, Title 04.05,
titled DEVELOPMENT AGREEMENTS and Section 04.06 titled REIMBURSEMENT FOR
PUBLIC IMPROVEMENTS, three copies of which are on file in the office of the town clerk
.- of the Town of Marana, Arizona, which documents were made public records by Resolution No.
Ordinance No. 95.02
Page 1 of 2
95-09 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part hereof
as if fully set out in this ordinance.
Section III: All ordinances or parts of ordinances in conflict with the provisions of this
ordinance or any part of the document adopted herein by reference are hereby repealed effective as
of the date of this ordinance.
Section IV: If any section, subsection, sentence, clause, phrase or portion of this
ordinance or any part of the document adopted by reference is for any reason held to be invalid
or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions thereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this
7th day of February, 1995.
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Mayor Ora Ham I '
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Ordinance No. 95.02
Page 2 of 2
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Section 04.05 DEVEWPMENT AGREEMENTS
04.05.01 PURPOSE AND INTENT
A. It is the intent of the regulations in this Section 04.05 to promote and facilitate orderly
and planned growth and development through the provision of certainty in the
development approval process by the Town and through corresponding assurances by the
developers.
B. The purposes of these regulations, therefore, are as follows:
1. To eliminate uncertainty in the development approval process, which
results in a waste of resources that contributes to escalating costs of development and
which, in turn, discourages investment and produces higher prices for consumers.
2. To assure applicants for development projects that, upon approval of their
project, they may proceed in accordance with existing policies, rules and regulations.
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3. To encourage the achievement of growth management goals and objectives,
including assurances of adequate public facilities at the time of development, proper
timing and sequencing of development, effective capital improvements programming and
appropriate development incentives in accordance with existing policies, rules and
regulations.
4. To strengthen the public planning process, encourage private participation
in comprehensive planning and reduce the economic costs of government.
5. To provide a mechanism for allowing exemptions from ordinances or
regulations in order to promote flexibility and to respond more selectively to specific
development proposals.
6.
procedure.
To encourage plan implementation through a more flexible development
04.05.02
AUTHORIZA TION
These regulations are adopted pursuant to the authority granted by Arizona Statutes, Section
9-500.05. All development agreements shall be approved by ordinance of the Town Council
pursuant to these regulations.
Adopted, 217/95, Ordinance No. 95.02
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04.05.03
PROCEDURE FOR DEVELOPMENT AGREEMENT
A. Initiation by Application.
An application for a development agreement may be made to the Planning Administrator in
accordance with the procedures set forth herein.
1. Application may be made by a community facilities district established
pursuant to Arizona Revised Statutes, Section 48-709, Subsection C, or by any person
having a legal or equitable interest in the subject real property. If made by the holder
of an equitable interest, the application shall be accompanied by a verified title report and
by a notarized statement of consent to proceed with the proposed development agreement
executed by the holder of the legal interest.
2. Application may be made by the Planning Commission or the Town
Council. If made by the Planning Commission or the Town Council, the Town shall
obtain and attach a notarized statement of consent to proceed with the proposed
development agreement executed by the owner of the subject property.
B. Contents of the Application.
The application shall be on a form prescribed by the Town Planning Administrator and shall be
accompanied by a proposed ordinance and development agreement.
C. Contents of Development Agreement.
The development agreement shall include, at minimum, provisions pertaining to the following:
1. The permitted land use(s) and density/intensity for the proposed
development project and any conditions attached thereto;
2. The phasing of the proposed development project in coordination with the
provision of special public infrastructure improvements, including, but not limited to,
roads, water, sewer, drainage, parks, municipal and other facilities, required to
accommodate the impacts of the proposed development project on such facilities at the
Town's adopted level of service standards;
3. The identification of public infrastructure improvements, including any
public improvements with additional capacity for the benefit of other property owners,
to be dedicated, constructed or financed by the developer pursuant to the development
agreement;
4. The determination of the development project's proportionate share of the
costs of public infrastructure improvements to be dedicated, constructed, or financed by
the developer of the development project;
Adopted, 217/95, Ordinance No. 95.02
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5. The Town's share of the costs of public infrastructure improvements to be
dedicated, constructed or financed pursuant to the development agreement;
6. The amount of credits, if any, against the developer's proportionate share
of public infrastructure improvements due to the developer;
7. Reimbursements, as applicable, to the owner of the subject property of the
amount of any contributions for public infrastructure improvements in excess of the
proportionate share of the benefit derived from such facility by the subject property; and
8. The vesting of development approval.
D. Repayment Agreements.
Reimbursements to the owner of the subject property of the amount of any contributions for
public infrastructure improvements in excess of the proportionate share of the benefit derived
from such facility shall be subject to the provisions of Section 09.09.
E. Review by Planning Administrator.
Upon submission of an application for a development agreement, the Planning Administrator
- shall review the application and accompanying documentation for legal sufficiency, compliance
with technical requirements, consistency with the adopted general plan for the Town, and
applicable specific plans and relevant Town policies. Upon the satisfactory completion of such
review, the Planning Administrator shall place the matter on the agenda of the Planning
Commission for public hearing at the next regularly scheduled Planning Commission meeting,
subject to applicable Town procedure. Provided, however, that if the application for
development agreement is incomplete or legally insufficient, the Planning Administrator shall
notify the applicant by certified U.S. mail, return receipt requested, within fourteen (14) days
after the date of submission of such application. Said notifications shall detail the specific
grounds for rejection of the application. The applicant may resubmit at any time.
F. Notice of Planning Commission Public Hearing.
Notice of the Planning Commission public hearing shall specify the time, place and purpose of
such hearing in the following manner:
1. The notice of the Public Hearing shall be published at least once in a
newspaper of general circulation published or circulated in the Town, at least fifteen (15)
days prior to the Public Hearing; and
2. By depositing in the United States mail, postage prepaid, at least fifteen
(15) days prior to the date of such hearing, a notice addressed to the owner or owners
of each parcel of land within three hundred (300) feet of the exterior boundaries of the
property subject to the development agreement. The last known name and address of
Adopted, 217/95, Ordinance No. 95.02
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each owner as shown on the records of the Pima County Assessor may be used for this
notice; and
3. By depositing in the United States mail, postage prepaid, at least fifteen
(15) days prior to the date of the hearing, a notice to any person who has filed a written
request therefor with the Planning Commission. Such a request may be submitted at any
time during the calendar year and shall apply for the balance of such calendar year.
4. In the event that the number of owners to whom notice would be sent
pursuant to paragraph 2 above is greater than two hundred (200), the Planning
Commission may, as an alternative to the notice required by paragraph 2 above, provide
notice pursuant to this paragraph. Such notice shall be given at least fifteen (15) days
prio!" to the date of the hearing by either of the following procedures:
a. By placing a display advertisement in a newspaper having general
circulation within the area affected by the proposed development agreement; or
b. By placing an insert with any generalized mailing, such as filing
for Town services, sent by the Town to property owners in the area affected by
the proposed development agreement.
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5. All required notices shall be headed "Notice of Public Hearing"
and shall recite in legible characters:
a. The boundaries of the area proposed to be subject to the
development agreement, either by diagram, plat or brief description.
b. A general explanation of the proposed development agreement.
c. A statement that the Planning Commission reserves the right to
make any of the following recommendations to the Town Council:
(1) That the development agreement be adopted; or
(2) That the development agreement not be adopted; or
(3) That the development agreement be adopted with such
changes which in the opinion of the Planning Commission best serve the
public interest.
d. The date, time and place of the public hearing before the Planning
Commission.
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e. A statement that any person may appear and be heard before the
Planning Commission.
Adopted, 2/7/95, Ordinance No. 95.02
G. Planning Commission Recommendation.
At the conclusion of the public hearing, the Planning Commission shall make a report and
recommendation to the Town Council, by affirmative vote of not less than a majority of its
voting members, as follows:
1. That the development agreement be adopted as proposed;
2. That the development agreement be adopted with modifications, as
proposed by the Planning Commission; or
3. That the development agreement be denied.
Any action taken by the Planning Commission shall be by resolution and shall include written
findings specifying the facts and information relied upon by the Planning Commission in
rendering its decision and recommendation. A copy of the resolution shall be filed with the
Town Clerk and with the Planning Administrator.
H. Town Council Action.
Following the Planning Commission Public Hearing and issuance of the recommendation of the
- Planning Commission, the item shall be placed on the agenda for the next regularly scheduled
Town Council Meeting, allowing sufficient time for publication and notice, if needed. The
Town Council may adopt the recommendation of the Planning Commission without holding a
second public hearing if there is no objection, request for public hearing, or other protest. The
Town Council shall hold a public hearing if requested by the party aggrieved or any member of
the public or of the Town Council. Notice of the time and place of the public hearing shall be
given in the same manner and under the same terms as provided in Paragraph F above. The
Town Council may:
1. Approve the development agreement;
2. Approve the development agreement with modifications; or
3. Reject the development agreement, in whole or in part, and take such
further action as it deems to be in the public interest.
The Town Council, in approving a development agreement, must find that the agreement is
consistent with the adopted general plan for the Town, applicable specific plans and relevant
Town policies.
I. Ordinance.
The Town Council shall approve such agreement by ordinance. The Town Council's action shall
be final and conclusive.
Adopted, 217/95, Ordinance No. 95.02
J. Execution of Development Agreement.
If approved by the Town Council, the development agreement shall become effective upon
execution by the Town, acting by and through the Mayor, by the applicant and by any other
parties to the development agreement.
K. Notice of Decision of Town Council.
Within ten (10) days following rejection of a development agreement, the Town Clerk shall give
notice of such action to the applicant at the address shown on the application and to the Planning
Commission through the Planning Administrator.
L. Recordation of Agreement.
Within ten (10) days following complete execution of a development agreement, the Town Clerk
shall record with the Recorder of Pima County, a fully executed copy of the development
agreement and ordinance, which shall describe the land subject thereto. The agreement shall
be binding upon, and the benefits of the agreement shall inure to the parties and all successors
in interest to the parties to the development agreement.
04.05.04
FEES
Upon submission of the completed application, the applicant shall tender a five thousand
($5,000.00) dollar application fee, said fee to cover, among other things, the costs of
publication, legal notices, legal fees, engineering fees, and other costs associated with the
processing of the application. This application fee shall be non-refundable. In the event actual
administrative costs exceed this fee, the owner/developer shall tender additional funds as
requested by the Town.
04.05.05
COORDINATION OF DEVELOPMENT AGREEMENT APPLICATION
WITH OTHER DISCRETIONARY APPROVALS
It is the intent of these regulations that the application for a development agreement will be made
and considered simultaneously with the review of other necessary applications, including but not
limited to, rezoning, planned commercial, residential or industrial development, and conditional
use permits. If combined with an application for rezoning, planned development or conditional
use permit, the application for a development agreement shall be submitted with said application
and shall be processed, to the maximum extent possible, jointly, to avoid duplication of hearings
and repetition of information. A development agreement is not a substitute for, nor an
alternative to, any other required permit or approval, and the applicant must comply with all
other required procedures for development approval.
Adopted, 217/95, Ordinance No. 95.02
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04.05.06
EXISTING AND SUBSEQUENTLY ADOPTED TOWN ORDINANCES,
POLICIES, RULES AND REGULATIONS
Unless otherwise provided by the development agreement, rules, regulations and official policies
of the Town governing permitted uses of the land, governing density and intensity of use,
governing public facility requirements and financing, and governing design, improvement and
construction standards and specifications applicable to the subject property, shall be those rules,
regulations and official policies in force at the time of execution of the development agreement.
The adoption of a development agreement, however, shall not prevent the Town, in subsequent
actions applicable to the property or to the Town in general, from applying new rules,
regulations and policies which do not conflict with those applicable to the property at the time
of execution of the development agreement, or which are required to protect the health or safety
of Town residents. The existence of the development agreement shall not prevent the Town
from denying or conditionally approving any subsequent development project application on the
basis of such existing or new rules, regulations and policies.
04.05.07
SUBSEQUENTLY ADOPTED STATE AND FEDERAL LAWS
In the event that state or federal laws or regulations, enacted after a development agreement has
been entered into, prevent or preclude compliance with one or more provisions of the
development agreement, the provisions of the agreement shall be modified or suspended as may
be necessary to comply with such state or federal laws or regulations, and every such
development agreement shall so provide.
04.05.08
PERIODIC REVIEW, TERMINATION OR MODIFICATION
An adopted development agreement shall be reviewed at least every twelve (12) months, at
which time the owner(s) of the property subject to the development agreement shall be required
to demonstrate good faith compliance with the terms of the development agreement. If, as a
result of such review, the Town Council finds and determines, on the basis of substantial
evidence, that the owner has not complied in good faith with the conditions of the development
agreement, the Town Council may unilaterally terminate or modify the agreement. Such action
shall be taken by the Town Council at a regular or special meeting, provided that the developer
is notified at least ten (10) days in advance of such meeting.
04.05.09
AMENDMENT OR CANCELLATION OF AGREEMENT
A development agreement may be amended or canceled, in whole or in part, by mutual consent
of the parties to the development agreement or their successors in interest. The procedure for
amendment or cancellation shall be the same as that for adoption as provided by Subsection
04.05.03 herein. Notice of intent to amend or cancel any portion of the development agreement
shall be given in the manner provided by Subsection 04.05.03.k
Adopted, 217/95, Ordinance No. 95.02
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Section 04.05.10
ENFORCEMENT
A development agreement shall be enforceable by any party thereto notwithstanding any change
in any applicable general or specific plan, zoning, subdivision or building regulation adopted by
the Town which alters or amends the rules, regulations or policies specified in the Marana
Development Code or in the development agreement itself.
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Adopted, 2/7/95, Ordinance No. 95.02
Section 04.06.
REIMBURSEMENTS FOR PUBLIC Il\fPROVEMENTS
04.06.01
Policy and Purpose.
Section 04.06 intends to provide for the extension of public infrastructure improvements into or
for the benefit of undeveloped areas of the Town by encouraging the extension of, or increase
in the capacity of, such improvements and providing for the reimbursement of the costs of such
improvements other than those costs which are for general public benefit by the owners or
parcels which specifically benefit from such improvements and which are not subject to any
other special assessments or special charges for the benefit which they receive from the public
infrastructure improvements. Public infrastructure improvements which are extended into
undeveloped portions of the Town, or whose capacity is increased for the benefit of undeveloped
portions of the Town, are hereinafter referred to as Additional Capacity Public Infrastructure
Improvements ("Public Improvements").
04.06.02
Definitions
The following words, terms and phrases, when used in this Section 04.06, shall have the
meanings set forth below, unless the context clearly indicates a different meaning:
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A. "Benefitted Party" means the person or entity creating a demand for or otherwise
utilizing Additional Capacity Public Infrastructure Improvements resulting in an
additional benefit for which the benefitted party has not specifically contributed to the
costs in providing such Additional Capacity Public Infrastructure Improvements.
B. "Town" means the Town of Marana, Arizona.
C. "Costs" means the actual cost of:
1. Rights of way or easement acquisition;
2. Construction of the Additional Capacity Public Infrastructure
Improvements as determined by the construction contract price or by the actual costs,
such construction to include, but shall not be limited to, construction and installation of
sanitary sewer collection and/or treatment systems; reclaimed water systems; drainage
and flood control systems; water systems; highways, streets, roadways and parking
facilities; areas for pedestrian, equestrian, bicycle, or other non-motor vehicle use of
travel, ingress, egress, and parking; pedestrian malls, parks and recreational facilities;
landscaping; public buildings; public safety facilities; fire protection facilities; lighting
systems; traffic control systems and devices, including signals, controls, markings and
slgnage;
3. Inspection, testing and permit fees;
Adopted, 2/7/95, Ordinance No. 95.02
4. Engineering and design fees required for preparation of plans and
specifications;
5. Administrative charges paid to the Town by the developer or. owner;
6. Incidental fees, expenses and charges, including but not limited to
capitalized interest required to complete the improvements.
D. "Development Agreement" means an agreement between one or more parties and the
Town pursuant to Arizona Revised Statutes Section 9-500.5 and as that statute may be
amended from time to time.
E. "General Public Benefit" means that portion of the expense of the Additional Capacity
Public Infrastructure Improvement that is for general public benefit and does not specially
benefit the property subject to reimbursement for Additional Capacity Public
Infrastructure Improvements.
F. "Reimbursement" amount means the charge which must be paid to the Town and
imposed upon the owner or developer of property which has or will receive the special
benefit of Additional Capacity Public Infrastructure Improvements benefitting their
property.
G. "Special Benefit" means a benefit to a specific parcel of real property from an Additional
Capacity Public Infrastructure Improvement based on (as appropriate): a calculation of
traffic generated from the specific parcel of real estate; the volume of demand or flows
generated as a result of the connection to or use of an improvement from the benefitting
area from the specific parcel of real estate; cost per frontage foot of the improvement;
or cost apportioned per acre of the specific parcel of real estate benefitting from the
improvement.
H. "Additional Capacity Public Infrastructure Improvement" means all improvements listed
in this paragraph, including necessary or incidental work, whether newly constructed,
renovated, or existing, and all necessary or desirable appurtenances. Additional Capacity
Public Infrastructure Improvements are and can include:
1. sanitary sewer systems, including collection, transport, storage, treatment,
disposal, effluent use and discharge;
2. reclaimed water systems, including transport, storage, treatment,
distribution systems, and all other appurtenances necessary;
3. drainage and flood control systems including collection, transport,
diversion, storage, detention, retention, dispersal, protection, use and discharge;
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4. water systems for domestic, industrial, irrigation, municipal, or fire
protection purposes, including production, collection, storage, treatment, transport,
Adopted, 217/95, Ordinance No. 95.02
delivery, connection, and all other appurtenances, but not including facilities for
agricultural irrigation purposes unless for the repair or replacement of existing facilities
when required by other improvements;
5. highways, streets, roadways and parking facilities including all areas for
vehicular use for travel, ingress, egress, and parking;
6. areas for pedestrian, equestrian, bicycle, or other non-motor vehicle use
for travel, ingress, egress, and parking;
7. pedestrian malls, parks, recreational facilities other than stadiums, and
open space areas for the use of members of the public for entertainment, assembly and
recreation;
8. landscaping including earthworks, structures, lakes and other water
features, plants, trees and related water delivery systems;
9. public buildings, public safety facilities and fire protection facilities;
10. lighting systems;
11. traffic control systems and devices including signals, controls, markings
and signage.
Additional Capacity Public Infrastructure Improvements also means any publicly
dedicated rights-of-way or any other improvements financed by bonds, general
funds, water utility funds, sewer utility funds that are completed after the
effective date of this Section 04.06.
The determination of which improvements will be deemed to be Additional
Capacity Public Infrastructure Improvements, and thus becoming eligible for a
repayment agreement, shall be at the sole discretion of the Mayor and Council of
the Town.
Additional Capacity Public Infrastructure Improvements shall mean the same as
Public Improvements as hereinafter referred to.
04.06.03
Authorization of Public Improvement Construction and Repayment Agreements:
Application: Fees.
A.
Upon development of any property within or outside the Town limits for which an
Additional Capacity Public Infrastructure Improvement (hereinafter "Public
Improvement") project will be constructed, the owner or developer (hereinafter
"owner/developer") paying the cost of the Public Improvements may request the Town
to enter into a Public Improvement Construction and Repayment Agreement (hereinafter
"Repayment Agreement") to authorize construction of the Public Improvements and to
Adopted, 217/95, Ordinance No. 95.02
collect reimbursement amounts from the developers and owners of parcels specifically
benefitted by the project located within or, as permitted, outside the Town.
B. . Any owner or developer who wishes to enter into such an agreement, shall complete an
Application for Public Improvement Construction and Repayment Agreement on a form
to be approved by the Town Engineer. Upon submission of the completed application,
the applicant shall tender a five thousand ($5,000.00) dollar application fee, said fee to
cover, among other things, the costs of publication, legal notices, legal fees, engineering
fees, and other costs associated with the processing of the application. This application
fee shall be non-refundable. In the event actual administrative costs exceed this fee, the
owner/developer shall tender additional funds as requested by the Town.
C. All Repayment Agreements shall be submitted to the Town Council for approval by
Resolution. No Repayment Agreement shall be binding or effective unless approved by
the Town Council by Resolution. Resolutions approving Repayment Agreements shall
authorize the Town Manager to enter into Repayment Agreements on behalf of the Town
pursuant to Section 04.06. Such approved and authorized repayment Agreements shall
be recorded in the Office of the Pima County Recorder, and a copy of each and every
Resolution and approved Repayment Agreement shall be kept in the office of the Town
Clerk.
D. Those portions of Public Improvements constructed under Section 04.06 which are for
general public benefit shall not be subject to repayment under the provisions of Section
04.06.
04.06.04
Construction of Additional Capacity Public Infrastructure Improvements.
Public Improvements may be constructed by the owner or developer of property (hereinafter
"owner/developer"), or by the Town by agreement with the owner/developer of property
whereby the owner/developer contributes the estimated costs of the construction of such Public
Improvements to the Town.
All Repayment Agreements shall provide for and require that prior to a permit being issued for
construction of Public Improvements, the following requirements shall be met:
A. A diagram and legal description of all property which will be benefitted by any Public
Improvements to be installed shall be provided to the Town Engineer. The submittal
shall be in accordance with the Town's Supplemental Requirements For Legal
Descriptions.
B.
The engineering plans and specifications (including any studies, analysis, and capacity
requirements) required for the Public Improvements may be prepared by the
owner/developer or the Town. If prepared by the Town, the owner/developer shall
advance the estimated costs of the preparation of these plans to the Town Engineer. If
prepared by the owner/developer, the plans and specifications must be approved by the
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Adopted, 2/7/95, Ordinance No. 95.02
Town Engineer prior to construction. The engineering costs for preparation of plans and
staking of the Public Improvements only, which are incurred by the owner/developer,
or funded by the owner/developer, may be included as determined by the Town Engineer
in the agreed construction costs as provided in this Section.
C. For any Public Improvements which are constructed, the owner/developer shall furnish
and install, to Town specifications, all facilities within the boundary of the designated
area of the development.
D. Detailed plans and specifications for Public Improvements which are extensions to
existing public facilities must be approved by the Town Engineer prior to construction.
The costs for the preparation of plans and specifications, diagrams and other information
required by the Town to comply with this ordinance, as prepared in accordance with
Paragraph B above, shall be the responsibility of the owner/developer, but shall be
eligible for inclusion in the agreed construction costs as provided in this Section.
E.
The project shall be bid in accordance with the provisions pertaining to public works
projects contained in Title 34, Arizona Revised Statutes. The bids shall be opened in the
office of the Town Engineer on a pre-determined date agreeable to the owner/developer
and the Town Engineer. The Town and the owner reserve the right to waive all
informalities or to reject any or all bids. The construction costs shall be determined prior
to the commencement of the construction and shall be approved by the Town Engineer.
In the event that the agreed upon construction costs increase, the repayment agreement
may be amended upon approval of the additional construction costs by the Town
Engineer, providing that good and sufficient cause, in the sole opinion of the Town
Engineer, has been shown.
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F. The Town may, at its option, perform the inspection during construction and shall charge
the owner/developer for the inspection of the Public Improvements. The costs of such
inspections may be included in any repayment agreement. In the event the Town elects
to utilize the owner/developer's engineer to perform the inspections via a "Private
Improvement Agreement" with the owner/developer, these costs will be included in the
repayment agreement subject to prior agreement with the Town Engineer as to the
inspection fee costs.
G. The ownership of all Public Improvements, upon inspection and acceptance as meeting
Town standards, shall be vested in the Town.
04.06.05 Repayment Agreements: Terms: Collections: and Costs.
A. The Repayment Agreement shall designate the parcels and persons who are entitled to
reimbursement amounts and shall include a diagram of the properties and respective
amounts from which reimbursement amounts may be collected. In the event bonds of
the Town, including improvement district or assessment bonds, have been issued to
finance the construction of Public Improvements and related facilities, the Town shall
Adopted, 217/95, Ordinance No. 95.02
receive all reimbursement amounts and apply such amounts to the debt service funds of
the applicable bond issue as provided for in Subsection 04.06.06.
B. The Repayment Agreement shall set forth the total of the reimbursement amount to be
paid to the Town, which agrees to pay such reimbursement amounts to the
owner/developer. The total of such reimbursement amounts shall not exceed that portion
of the agreed construction costs of the Public Improvement allotted to the property
outside the area of the owner/developer. The Repayment Agreement shall be for a term
not to exceed ten (10) years commencing with the date of approval by Resolution, and
may terminate earlier if the total amount provided for by Subsection 04.06.04 is repaid.
C. The approved construction costs as described in Subsection 04.06.04 will be used for
calculation of all reimbursement amounts.
D. Upon entry into a Repayment Agreement with the Town, the owner/developer shall have
the right to connect to the Public Improvement in consideration for their entry into the
Repayment Agreement.
E.
The engineering, plans and specifications required for a Public Improvement shall be
prepared by the developer and approved by the Town Engineer prior to construction.
The engineering costs for preparation of plans and staking of the special public
infrastructure improvements on the property which are incurred by the owner may be
included as determined by the Town Engineer in the agreed construction costs as
provided in Subsection 04.06.04.
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F. The Town shall have sole and exclusive control of connections to the Public
Improvements. Connections to the Public Improvements may only be made upon
issuance of a written permit from the Town Engineer. It shall be unlawful to make a
connection to a Public Improvement without a permit. Such connections may be
removed by the Town and the costs of removal assessed to the party making the
connection.
G. Prior to the Town's final inspection and acceptance of construction of the Public
Improvement, all reimbursement amounts due by an owner/developer for repayment of
the benefit which their property received from the Public Improvement shall be paid to
the Town.
H. An annual charge will be assessed by the Town to the owner/developer who constructed
the Public Improvement to administer each Repayment Agreement. This annual charge
shall not be less than one hundred dollars ($100.00) per year. The annual charge shall
be calculated based on the actual cost incurred by the Town for the administration of
each agreement.
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I.
The Repayment Agreement shall provide for annual payment to the owner/developer of
the amount of reimbursement due to that owner/developer for the prior year. For
purposes of all Repayment Agreements, the amount of reimbursement due will be based
Adopted, 2/7/95, Ordinance No. 95.02
on the previous fiscal year ending June 30th, and the reimbursement amount shall be
remitted to the owner/developer by October 31st following the end of each fiscal year.
In the event that at the time of distribution the owner/developer is responsible for
payment to the Town as set forth in Paragraph H above, such Administrative Costs shall
be automatically deducted from the payment to be made to the owner/developer.
J. Any owner/developer may assign the benefits arising out of any Repayment Agreement
with the Town. Such assignments shall not relieve the owner/developer from its duties
and obligations under the agreement. The assignment shall require written approval of
the Town.
K. The Town shall not be liable to pay any interest to any party on any unpaid amount of
a Repayment Agreement. Any portion of the amount of a Repayment Agreement that
has not been repaid at the end of the ten (10) year term shall become non-refundable and
shall no longer be subject to reimbursement.
L. In the event of a general assignment by the owner/developer for the benefit of creditors,
or the filing by or against the owner/developer of any proceedings under any insolvency
or bankruptcy law, or the appointment of a trustee or receiver to take possession of all
or substantially all of the assets of the owner/developer or an execution or other
judicially authorized seizure of all or substantially all of the owner/developer's assets,
shall automatically terminate any Repayment Agreement as of the date of such action.
M. The owner/developer shall commence construction of the improvements set forth in the
Repayment Agreement within twelve (12) months of the date the Town Council passed
the Resolution Approving Entering Into A Repayment Agreement, and shall diligently
pursue completion thereafter. In the event construction is not commenced and/or
diligently pursued as set forth herein, the Repayment Agreement shall automatically
terminate and shall be of no force and effect. The Town has no authority to extend a
Repayment Agreement, and in the event of termination as set forth herein, the
owner/developer must begin the process again.
04.06.06 Reimbursement Amounts Payable to Town.
A. When a Public Improvement is constructed by the Town or its contractors to provide
service or benefit to a parcel of real estate, which owner or their predecessors in interest
did not pay for any of the costs of the Public Improvement, the Town may impose and
collect a reimbursement amount. The reimbursement amount shall be based on the
benefitted parcel's share of the benefit received as compared to the total cost of the
Public Improvement. The reimbursement amount shall be paid to the Town prior to the
issuance of a building permit or any permit or right of access to Town right-of-way or
connection to any Public Improvement. The reimbursement amount may be stated as a
fee based on a calculation of traffic generated by the benefitted parcel; a connection fee
based on the volume of demand or flows generated as a result of the connection to or use
of a Public Improvement by the benefitted parcel; cost per frontage foot of the Public
Adopted, 2/7/95, Ordinance No. 95.02
............
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Improvement; or cost apportioned per acre of the area benefitting from the Public
Improvement.
B. It shall be unlawful for any person to extend service from a Public Improvement to their
property for which a reimbursement amount has been imposed without first paying the
reimbursement amount and obtaining a permit or connection right from the Town.
C. The repayment obligation under this Section shall terminate ten (10) years after the date
of approval of the Repayment Agreement by resolution or when the total amount
provided for by the Repayment Agreement is repaid, whichever is sooner.
D. The Town shall collect reimbursement amounts for any Public Improvements financed
by improvement district or assessment district bonds, water utility funds, sewer utility
funds, development fee funds and general obligation bond funds which were specifically
designated as subject to reimbursement from Public Improvement repayments. Any
owner who has paid all or part of the debt service upon any bonds, the proceeds of
which were used to finance Public Improvements shall have no claim to the
reimbursement amounts repaid to the Town under Section 04.06.
E.
The portions of Public Improvements constructed under Section 04.06 which are for
general public benefit shall not be subject to repayment under the provisions of Section
04.06.
04.06.07
Notice of Intention to Approve Additional Capacity Public Infrastructure
Improvements and Repayment Agreements.
A. Upon the determination of the Town Engineer that the public, health, safety, welfare and
convenience requires the construction of Public Improvements prior to the development
of the adjacent property but for which the adjacent property will be specially benefitted,
a Resolution of Intention to Approve the Public Improvement(s) and A Resolution to
Approve Entering Into A Repayment Agreement shall be submitted to the Town Council.
B.
Prior to acting on the Resolution of Intention to Approve Public Improvements and the
Resolution to Approve Entering Into A Repayment Agreement, the Town Council shall
hold a public hearing. The public hearing shall be for the purpose of receiving comment
on whether the proposed Public Improvements are required for the public health, safety,
welfare and convenience. Those owners of real property within the area subject to
reimbursement repayment for Public Improvements shall receive notice in writing, by
first class mail postage prepaid, mailed not less than fifteen (15) days prior to the date
of the public hearing. The last known name and address of each owner as shown on the
records of the Pima County Assessor may be used for this notice. In addition, the notice
of the public hearing shall be published at least once in a newspaper having general
circulation within the Town of Marana, at least fifteen (15) days prior to the date of the
Public Hearing. All required notices shall be headed "Notice of Public Hearing" and
shall recite in legible characters:
Adopted, 217/95, Ordinance No. 95.02
(1) The boundaries of the area that are proposed to be subject to a
reimbursement amount payment requirement;
(2) A general explanation of the proposed Public Improvements, the area to
be benefitted by such improvements, and the method of allocation of the benefits;
(3) The proposed reimbursement amount payment requirements;
(4) A statement that the Town Council reserves the right to make any of the
following decisions:
(a) That the proposed Public Improvements be approved to construct;
(b) That the proposed Public Improvements not be approved;
(c) That the proposed Public Improvements be modified in such
manner in the opinion of the Town Council which will best serve the
public interest.
(d) The date, time and place of the public hearing before the Town
Council.
(e) A statement that any person may appear and be heard before the
Town Council.
C. After the public hearing is concluded, the Town Council shall determine whether the
public health, safety, welfare and convenience require the Public Improvements. If the
Town Council so determines, then the Town Council shall adopt the Resolution of
Intention to Approve the Public Improvement and Repayment Agreement. The
determination shall include that the owners of specially benefitted property from the
improvements shall be required to reimburse the Town for the benefit received from the
special public infrastructure improvement.
D. The Resolution of Intention to Approve the Public Improvement and the Resolution
Approving Entering Into A Repayment Agreement shall contain:
(1) A description of the Public Improvement.
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(2) A general description of the estimated total cost and cost per front foot,
or cost based on (as appropriate): a calculation of traffic generated from the
specific parcel of real estate; the volume of demand or flows generated as a result
of the connection to or use of an improvement from the benefitting area from the
specific parcel of real estate; cost per frontage foot of the improvement; or cost
apportioned per acre of the specific parcel of real estate benefitting from the
improvement.
Adopted, 2/7/95, Ordinance No. 95.02
(3) A description of the Public Improvement project area and a map and list
of all owners of real property who will be receiving a special benefit from the
construction of the Public Improvement.
(4) A determination of that portion of the Public Improvement which is for
general public benefit and that portion which is for special benefit of the owner.
(5) A preliminary estimate of the portion of the Public Improvement which
will be financed with general obligation bonds, special assessments or
improvement district assessments and the portion which will be financed with
repayments for Public Improvements.
E. The Town Council's decision on necessity for Public Improvements and construction
shall be final and conclusive.
04.06.08
Resolution Authorizing Repayment Agreement.
In the event the Town Council approves the Public Improvement, the Town Council may then
also adopt the Resolution Approving Entering Into A Repayment Agreement. The obligation of
the Town to reimburse the owner/developer for the agreed-upon costs of the Public Improvement
shall be subject to completion of the Public Improvement project, compliance by the
owner/developer with all terms and conditions of the Repayment Agreement, and compliance
by the owner/developer with the laws, rules and regulations of the United States, the State of
Arizona, Pima County, and the Town of Marana applicable to the construction of the Public
Improvement project. The Repayment Agreement shall be on a form approved by the Town
Attorney and the Town Manager.
04.06.09
Establishment and Authorization of Reimbursement Amounts.
A. At the same time as a Repayment Agreement is authorized and approved by the Town
Council, the Town Council shall also establish by Resolution the reimbursement amount
to be charged to properties benefitting from the Public Improvement. The reimbursement
amount shall be stated as a fee based on a calculation of traffic generated by the
benefitted parcel; a connection fee based on the volume of demand or flows generated
as a result of the connection to or use of a Public Improvement by the benefitted parcel;
a cost per frontage foot of the Public Improvement; or cost apportioned per acre of the
area benefitting from the Public Improvement.
B. The Resolution establishing the reimbursement amount shall designate by map and legal
description the area in which properties shall be subject to a reimbursement amount, to
be identified as the "Benefit Area". In no event shall payment of a reimbursement
amount be due and owing to the Town until the owner or agent of property located in
the "Benefit Area" seeks a building or construction permit or approval to connect to or
utilize the Public Improvements for which the reimbursement amount is being charged.
Adopted, 217/95, Ordinance No. 95.02
C. The effective date of the reimbursement amount shall be the same date as the Resolution
adopting the reimbursement amount for each "Benefit Area". Each reimbursement
amount Resolution shall be effective for ten (10) years after date of its adoption.
D. In the event the actual cost of the Public Improvement is greater than the amount initially
established in the Repayment Agreement, the reimbursement amount shall be increased
accordingly. In the event the actual cost of the Public Improvement is less than the
amount initially established in the repayment Agreement, the reimbursement amount shall
be decreased accordingly, and any party who has paid a reimbursement amount that has
been subsequently reduced shall have the excess payment refunded by the Town.
04.06.10
Assessment Districts. Improvement Districts. General Obligation Bond Projects:
Cost Apportionment.
A. Upon collection of reimbursement amounts pursuant to any Public Improvement ordered
under Section 04.06, which is located in a municipal improvement district and financed
by assessments, such funds shall be deposited with the Town Clerk. The funds shall be
applied against the outstanding indebtedness for which improvement district bonds were
issued.
B.
Reimbursements for Public Improvements pursuant to Section 04.06 may be used in
combination with a general obligation bond issue, provided that the general obligation
bond issue question submitted to the qualified electors indicates that such reimbursements
may be required of benefitted property owners. All amounts collected from such
reimbursements shall be deposited in the general obligation bond fund from which the
Public Improvement project is financed.
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Adopted, 217/95, Ordinance No. 95.02