HomeMy WebLinkAboutOrdinance 2003.05 Amending title 2 of the land development code relating to a cultural resources preventation board F. ANN RODRIOUEZ, RECORDER
RECORDED BY: MMD
DEPUTY RECORDER
2403 PE1
· SMA/~
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MAEANA AZ 85653
DOCKET: 12032
PAGEz 4007
NO. OF PAGES: 2
SEQUENCE= 20030751466
04/18/2003
ORDIN 16=04
~AIL
AMOUNT PAID
MARANA ORDINANCE NO. 2003.05
$ 8.00
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MA1L42qA,
ARIZONA, AMENDING TITLE 2, ADMINISTRATION, OF THE MARANA LAND
DEVELOPMENT CODE, DEALING WITH THE ESTABLISHMENT OF A CULTURAL
RESOURCES PRESERVATION BOARD AND OTHER MINOR EDITING CHANGES, AND
CREATING TITLE 20, PROTECTION OF CULTURAL RESOURCES, DEALING WITH THE
IDENTIFICATION AND PRESERVATION OF CULTURAL RESOURCES WITHIN THE TOWN
OF MARANA, AND REPEAl.lNG ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE
TOWN OF MARANA IN CONFLICT THEREWITH.
WHEREAS, the Mayor and Council of the Town of Marana did, on May 14, 1984, approve
Ordinance Number 84.04, thereby adopting a Land Development Code (the "Code") for the Town of
Marana; and
WHEREAS, the Mayor and Council have amended the Code from time to time; and
WHEREAS, the Code contains Title 2, Administration, which respectivelyprovides for the
establishment of a Cultural Resources Preservation Board for the Town of Marana; and
WHEREAS, the Code contains Title 20 (Reserved), now to be for the Protection of
Cultural Resources, which respectively provides a process for the identification and preservation
of archaeological and other historic or pre-historic resources within the Town of Marana; and
WHEREAS, the Marana Planning Commission held a public hearing on a request to amend
Title 2 and add Title 20 to the Code on December 18, 2002, and its members voted to recommend
approval of the proposed amendments to the Town Council by a unanimous vote; and
WHEREAS, the Town Council held a public hearing on the request to amend Title 2 and add
Title 20 to the Code on April 15, 2003, to obtain input from town staff and the public on the
proposed amendments; and
WHEREAS, the Mayor and Council find that approval of the proposed amendments is in the
best interests of the residents and the businesses of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section h Title 2 of the Marana Land Development Code is hereby amended by
establishing a Cultural Resources Preservation Board for the Town of Marana, deleting references to
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activities with which the Planning Commission is no longer involved, and other minor editing
changes.
Section 2: Title 20 of the Marana Land Development Code is hereby created, providing
for the protection of cultural resources.
Section 3: The various t own o ~cers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this Ordinance and portion of the Code.
Section 4: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or
motions of t he Council in conflict with t he provisions o f t his Ordinance are hereby repealed,
effective as of the effective date of this Ordinance.
Section 5: ffany section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall no~t affect the validity of the remaining portions hereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
15th day of April, 2003.
ATTEST:
APPROVED AS TO FORM:
As Town Attorney and not personally
Ma~rBOBBYSUTTON, JR.
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Marana Ordinance No. 2003.05
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TOWN OF MARANA, ARIZONA
DRAFT LAND DEVELOPMENT CODE
SECTIONS:
02.01
02.02
02.03
02.04
02.05
02.06
02.07
02.08
TITLE 2
ADMINISTRATION
Administration -- In General
Planning Commission
Board of Adjustment
Planning Administrator
Building Official/Inspector
Town Clerk
Town Engineer
Cultural Resources Preservation Board
02.01
Administration -- In General
This chapter establishes the governmental structure and processes for the aciministration of
the Land Use Planning and Zoning Regulations. It defines the roles of the "Planning Agency,"
as defined by Arizona Revised Statutes, Section 9-461.01.fbr the Town Mayor and Council,
the Planning Commission, the Cultural Resources Preservation Board, and the Planning
Department. It also defines the roles of the Town Council acting as the Board of Adjustment,
the Planning Administrator, the Town Building Qfficial, and the Town Clerk and Town Engineer
as they relate to Planning and Zoning matters.
02.01.01 Marana Mayor and Council
The Marana Mayor and CounCiLare the legislative body for these regulations. As such, it shall
make final determinations on all matters of a legislative nature as specific in this chapter.
02.01.02 Adoptiortof a General Plan
The Town Council may adopt a general plan of the Town or any part thereof. Upon adoption
of such a generalplan, the Town Council sh~llassure that no street, park, or other public way,
ground, place or space; no pLiblicbuilding or structure, and no public utility, whether publicly
owned or privately oWr'\ed, overWhich the Town of Marana has jurisdiction shall be
constructed or authorizedt.mtil and unless the location and extent thereof shall be determined
to conforrritosaid comprehensive development general plan.
02.01.03J:\doption of Zoning, Development, and Building Regulations
A. Division ofthe Town into Zones. For the purpose if of promoting health, safety, and the
general welfare of the community, the Town Council may divide the Town or any
portion thereofinto zones of the number, shape, and area it deems best suited to carry
out the purpose of this code, and within such zones it may regulate and restrict the
erection, construction, alteration, repair, or use of buildings or structures and the use of
the land.
B. For the same purposes, the Town Council shall be empowered to:
1. regulate the location of buildings and structures, the size and use of lots, yards,
courts, and other open spaces, the percentage of a lot which may be occupied
by a building, structure, or mobile home, and the intensity of land use;
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2. establish requirements for off-street parking and loading;
3. establish and maintain building setback lines;
4. require as a condition of rezoning or approval of significant land use change,
the public dedication and construction of right of way as streets, public ways,
drainageways, and public utility easements as are reasonably required by or
related to the effect of the rezoning or significant land use change;
5. designate floodplain zoning districts and adopt regulations to protect life and
property from the hazards of inundation, such regulations to include variable lot
sizes, special grading or drainage requirements, or other requirements deemed
necessary for the public health, safety, or general welfare;
6. establish special zones and adopt regulations for certain lands characterized by
adverse topography, adverse soils, subsidence of the earth, lack of water,
Sonoran Desert vegetation or other natural or manmade hazards to life or
property, and such regulations as. may include variable lo!sizes, special
grading or drainage requirements, or other requirements deemed necessary for
the public health, safety, or general welfare;
7. adopt detailed regulations governing the construction of buildings or other
structures within the Town;
8. adopt regulations and procedtiresgoverning the subdivision and development
of land within the Town and the development of large scale projects within the
Town as certified by this code; and,
9. do any other act necessary, appropriate, or desirable to carry out the purpose
of this code.
02.01.04 Approval of Subdivisions and Large Scale Development Plans
The Town Council shall review and approve or disapprove all vicinity plans, preliminary plats,
and final pl~tsof~ub(jivisions and large scale developments proposed for the land within the
Town, afiersuch plans have been reviewed and approved by the Town Planning Commission
in accordance with the appropriate section of this code. The Town Council shall hear all
appeatsttopl decisions of the Planning Commission with respect to subdivision and large
scale development plans.
02.01.05 S~t Fees and Manner of Charges
The Town Council sh.all set all fees for building permits and inspections and all submissions
and procedures performed under any Section of this Code. Such fees shall be set by
Resolution of the Town Council.
02.01.06
Relation to Other Entities
The Town Council shall consider the recommendations of the Planning Commission, the
Planning Administrator, and the Town Building Official/Inspector before taking any action
under the terms of this code.
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02.01.07 Amendments
The Town Council may amend this code from time to time by simple majority vote of the entire
Council membership subject to the requirements of Title 10 herein.
02.02 Planning Commission
The Planning Commission is established as an advisory commiSSion to the Mayor and
Council. As such, its function is to hear and consider matters of~legislative nature, and of
policy.
02.02.01 Establishment and Composition
A. The Town Council of the Town of Marana hereby.creates a Plal1ning Commission to
consist of seven voting members and one ex-officio member ch()s~l'). from among the
members of the Town Council. The seven regular members of the Planning Commission
shall be appointed by the Mayor with the con$ent of the Town Council from among the
qualified electors of the Town. The members sh~1I be selected without regard to political
affiliation and shall serve without compensation;. except for the reimbursement of
necessary and reasonable expenses incurred inac(;Omplishing the purposes of the
commission, provided such expenses have been approved in accordance with the Town's
Financial Procedures Ordinance.
B. Terms of Office, Filling of Vacancies, and Rernoyal. The terms of office of the Town
Council Member designated to serve as the ex-qfficlomember of the Planning Commission
shall correspond to his tenure of office as a member oHhe Town Council. The terms of
office for the appointive regular members ofthe Planning Commission shall be six years.
Vacancies occurring otherwi~e than through the expiration of terms shall be filled by
appointment by tneMayor with the consent of the Town Council. Regular members of the
Planning Commissionrn9Y befemoved from office without cause, by a majority vote of the
entire membership of the Town Council. (Ord.91.23 (part), 12/91).
02.02.02 'OrgaOi:zation
The Planning Commission ~hall be by appointment of the Town Council. Its membership shall
consist of a. Chairperson, a Vice-Chairperson, along with five voting members and one ex-
officio member chosen from among the members of the Town Council. The Commission shall
adopt rulesfdrits own organization and for the transaction of its business, but such rules shall
not be in conflibtwith other s.ections of this Code or other Ordinances of the Town of Marana
or with the laws oftneStateof Arizona. (Ord. 91.23 (part), 12/91).
02.02.03 Duties.and Powers
A. Preparation of a General Plan. It shall be the function and duty of the Planning
Commission, after holding public hearings, to make and adopt and recommend to the
Town Council a General Plan for the physical development of the Town, including any
areas outside of the Town Limits which, in the judgment of the Commission, bear relation
to the development of the Town. Where the plan involves territory outside of the Town
Limits, the provisions of the Plan that pertaining to such external territory shall be made
known to the appropriate authorities of Pima County or those municipalities having
jurisdiction over said territory. Said General Plan, with accompanying maps, plats, and
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descriptive and explanatory matter shall show the Planning Commission's
recommendations for the physical development of the Town and may include, among other
methods of circulation and transportation; the general location and extent of public facilities
for water, power, sanitation, or playgrounds, and drainage facilities; and the use of land,
whether for residences, commerce, industry, agriculture, flood channels, or open space.
The Planning Commission may, from time to time, amend, extend, or add to the General
Plan or carry any part of the Plan's subject matter into greater detail.
B. Reports and Recommendations. The Planning Commission may make reports and
recommendations relating to the planning and development of the Town to the Marana
Town Council and to other organizations and residents of the Town. The Commission may
recommend programs for public improvements and the financing thereof to executive or
legislative officials of the Town.
C. Regulation of Subdivisions and other large Scale Developments. ltshall be the duty of
the Planning Commission to prepare regulations governing the subdivtsipn of land and
other large scale developments within the Town, to prepare amendrTl~nts to such
regulations when considered necessary and appropriate, and to submit said regulations
and amendments to the Town Council for consideration and action.
D. Approval of Plans and Plats for Subdivisions and Other large Scale Developments. It
shall be the duty of the Planning Commission to review and approve or reject plans and
plats for all subdivisions and other largescale developmentswithin the Town, before such
plans and plats may be considered by the Town. Council.
. .
..~ E. Preparation of a Zoning Plan. The PlanningCon1fnissionshall make and recommend to
the Town Council a zoning plan for the Town, including both the full text of the Town's
Zoning Regulations and maps. indicating the,location and limits of the regulations and the
various zones. All proposed. amendments . to the zoning regulations and the Zoning
Section of this Code shall firstbe submitted to.the Planning Commission for its review and
recommendations. Said recommendations regarding any proposed zoning change shall
be submittedt() the Town Council within thirty one (31) forty-five (45) days after
submission to the Planning Commission unless a longer period shall have been granted by
the. Council.
F. Prepa'r~tion of a Multi Year Improvement Program. The Planning Commission, each year,
shall mak~ and recomri1end to the Town Council a multi year improvements program,
'Nhich shalt'f,>et forth an orderly program for the acquisition of land, buildings, and other
facilities for To\vn purposes for a period of at least five (5) years beyond the fiscal year in
which the program is prepared. The Pl3nning Commission shall also, each year, submit to
the Town Budget Committee a list of recommended improvements program for the
follo'Ning fiscal year.
G. Conduct Hearing and Meetings. The Planning Commission may conduct hearings and
meetings with interested property owners, and citizens of the Town of Marana and others
in the process of carrying out its functions and duties.
H. Review Proposed land Use Changes. The Planning commission shall conduct hearings
upon review for approval and disapproval and subsequent recommendation to the Town
Council all proposals for Significant land Use Change that are subject to such hearings in
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accordance with the Significant Land Use Change procedures described in Title 5 of this
Code.
I. Revie'..., Proposed Annexations. The Planning Commission shall conduct a hearing upon
and review for approval or disapproval and subsequent recommend3tion to the Town
Council each proposal for annexation of land to the Town of M3ran3. Such hearings shall
be conducted by the Planning Commission of the Town of M3ran3. All annexations shall
be submitted to the Planning Commission for recommendation before submission to the
Town Council for consideration and action.
J. Review Proposed Street Dedications. The Planning Commi.ssIon shall conduct a hearing
upon and review for approval or disapproval and subsequ~nrrecommendation to the Town
Council each proposal for the dedication of private land to beu$ed as a street or other
public thoroughfare by the Town of Marana. Each SUCh proposal fqtdedication of land for
public purposes shall be submitted to the Planning Commission for consideration and
recommendation before being submitted to the Town Council for consideration and action.
02.03 Board of Adjustment
02.03.01 Board of Adjustment
The Board of Adjustment is the quasi-judicial body of the Town established to grant relief from
certain provisions of the Town Zoning Cods,as specifically set forth, and within the limits
herein established.
02.03.02
Establishment
The Town Council is herehyestablished as theBoard of Adjustment for the Town of Marana.
refine the duties, responsibilities, make-up and terms of the Planning Commission, repeal the
provisions establishing the Planning Advisory Committee and the duties and responsibilities of
the Committee, and refinet~e reSpQnsibilities ofthe Planning Administrator, Building official,
Town Clerk, and Town Engineer asthey relate to Planning and Zoning Matters. (Ord. 93.04
(part), 4/93)
02.03.02 Meetings
The TownC,.puncil shall convene as the Board of Adjustment when fulfilling responsibilities of
the BoardOfA9justment. Meetings of the Board of Adjustment shall be monthly and at such
other times aSl'l1ay be necessary to conduct its business in a timely fashion. All meetings
shall be open tolbe public and the Board shall cause an agenda to be made public not less
than five (5) calendaLdays prior to its meeting. The agenda shall be made part of the Town
Council agenda, and available by posting in a conspicuous place at the Town Hall.
02.03.03 Quorum and Voting
Four (4) members of the Board of Adjustment constitutes a quorum. The concurring vote of
the convening members is necessary to approve any matter before the Board.
02.03.04 Records
The Board of Adjustment is to keep a public record of its hearings, decisions and findings.
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02.03.05 Rules of Procedure
The Board of Adjustment may adopt rules of procedure to carry out its functions. Copies of
such rules will be filed with the Town Clerk and made available through the Planning
Administrator.
02.03.06
Powers and Duties
The Board of Adjustment shall perform the following duties:
A. Variances: The Board shall hear and decide on requests for variances from the terms of
these regulations, as herein provided.
B. Interpretations: The Board shall hear and decide on interpretations of this code as herein
provided.
02.04 Planning Administrator
The Planning Administrator shall, unde( the direction of the Town Manager, be the primary
administrative official for the administration of this code.
02.04.01
Powers and Duties
The Planning Administrator shall have the authority andifshall.be his/her duty to:
A. Review all applications forppilding permits for compliance with provisions of the zoning
regulations contained in thisqrdinance and to issue certificates of zoning compliance when
such compliance'exists and to instruct the Town Gief.k Building Department to not issue a
building permit or certificate otoccupancy whenthere has not been compliance.
B. Advise the To,^,n Clerkr~garding thetssuance or non-issuance of building permits for
reasons of compliance or non-compliance with the Town's Zoning Regulations as
contained in this code. and. to recommend the refusal of any building permit unless the
plansJor the propose(:iponstrucUon or substantial modification of an existing structure
submitted with an application for building permit conform to the zoning regulations set forth
in this code.
C. Enforce the.zoning provisions of this code, and wherever violations of said provisions
occur, to consult with the Town Attorney, to request the issuance of citations, to prepare
exhibits, testimony, or other data which may be needed in such enforcement.
D. Review all applications for subdivisions, condominium projects, mobile home parks, and
other large-scale developments and advise the Planning Commission regarding the
completeness of the plans and documents and their compliance with the appropriate
provisions of this code.
E. Respond to requests for information from the public and Town officials regarding details of
the Town's Comprehensive General Plan and the provisions of this Development Code.
F. Make technical studies relating to amendments to this Development Code.
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G. Cooperate with and coordinate his/her work with the Town Engineer, Town Building
Official/Inspector, planning consultants, and other Town officers and employees.
H. Assist the Pbnning Commission in the prep3r3tion of its multi year 3nd annu31
fffi-provement progr3ms f-or the TO'lm.
I. Keep this Development Code and the Official Zone Map current at all times.
J. Be responsible for the enforcement of all the provisions of this Development Code except
those provisions in Title 8, Building Code, that have been mad~the responsibility of the
Town Building Official/Inspector.
02.04.02 Relation to Other Entities
The Planning Administrator shall give advice and assistanGe to the Planning Commission.
He/she shall cooperate with the Town Engineer and the Town Building Official/lnspector.
He/she shall direct the work of the Town Clerk with respect to the appropriate subject matter of
this Code as may be required.
02.05 Building Official/Inspector
The Building Official/lnspector shall assist the Planning iAdministrator in the administrative
responsibilities of this Code.
02.05.01 Powers and Duties
The Town Building Official/Inspector shall have the. authority to and shall have primary
responsibility to:
A. Enforce the provisions of TitleS, the adopted Building Codes, of this ordinance.
B. Review all applicatr()ns for building permits for compliance with the Building Code
provisions of this code and issue certificates of compliance when such compliance exists
and instruct the. Tmvn Clerk to not iS$Lie~ building permit or certificate of occupancy when
there has not been compliance.
C. AdvJ$e the Town Cfe(kregarding..issuance or non-issuance of building permits for reasons
ofcon'lpliance or non-cornpliancewith the Building Code provisions of Title 8 of this code,
and recommend the refysal of any building permit unless the plans for the proposed
constructiqnor alterationqonform to the Building Code provisions for this code.
D. Consult with the Town Attorney whenever violations of the Building Code provisions of this
code occur and request the issuance of citations, issue stop-construction orders, and
prepare exhibits, te$timony, or other data which may be needed in the enforcement of the
Building Code provisions of ++tJe--g of this code.
E. Advise the Planning Commission, the Planning Administrator, and the Town Council
regarding the updating or other revision of the Building Code provisions in Title 8 of this
GeGe.
02.05.02 Relation to Other Entities
The Town Building Official/Inspector shall give advice and assistance to the Planning
Commission. He/she shall cooperate with the Town Engineer and the Planning Administrator.
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He/she shall direct the work of the Town Clerk with respect to Section 02.05.01, Section 02.06,
and Title 8 of this code.
02.06
Town Clerk
The Town Clerk shall assist the Planning Administrator in the administrative functions of this
code.
02.06.01
Powers and Duties
With respect to the administration of this Development Code the Town Clerk shall have the
authority and the duty to:
A. Issue all building permits and certificates of occupancy and zOning compliance upon
proper approval for the Planning Administrator and the Town BuildingOfficial/lm:pector or
their designated representatives.
B. Maintain and make available to the pubHc< the files of the actions of the Planning
Commission and the Town Council with respect to matters treated by this code, maintain
copies of this Development Code and all other regul~tiof1S, minutes, records, and maps as
may be matters of public record and related to the provisIons of this code.
C. Collect and maintain a record of and properly disburse aU moneys, fees, and charges
levied under the provisions of this code;
D. Collect and maintain monthly reports from the Plahntng Administrator, Town Engineer and
Building Official.
02.06.02 Relation to Other Entities
In matters involving Tille8, the Building Code provisions, of this ordinance code, the Town
Clerk shall be responsible to the .Town Building Official/Inspector. In all other matters treated
in this Development Code, the Town Clerk shall be responsible to the Planning Administrator.
02.07 . >d Town Engineer
The ToWniEngineer shall assist the Planning Administrator in the administrative functions of
carrying outfhis code.
02.07.01 Powers and Duties
With respect to the administration of this Development Code, the Town Engineer shall have
the authority and the duty-to:
A. Review in detail all applications for subdivisions, condominium projects, mobile parks, and
other large-scale developments as directed by the Planning Administrator, and recommend
approval, disapproval, or modification of said plans for such developments to bring them
into conformance with the provisions of Titles 6 and 7 of this code.
B. Make technical studies, as directed by the Planning Administrator, with the concurrence of
the appropriate Town Council Liaison Officer, of matters treated in this Development Code.
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C. Cooperate with and coordinate work with the Planning Administrator and the Town Building
Official/lnspector, planning and engineering consultants, and other Town officers and
employees regarding matters in this Code.
D. Assist the Planning Administrator and the Planning Commission in the performance of their
duties when requested to do so by them.
02.07.02 Relation to Other Entities
With regard to matters treated in this Development Code, the Town Engineer shall be
responsible to the Planning Administrator. He/she shall cooperate with the Town Building
Official/Inspector and shall give advice and assistance to the.Flanning Commission and the
Town Council when requested to do so by the Planning Administratex, the Chairman of the
Planning Commission, the appropriate Town Council Liaison OffiCl;:lr, or the Planning
Commission or the Town Council acting as a body (Ord.93.04,4/93).
02.08
CULTURAL RESOURCES PRESERVATION BOARD
The Cultural Resources Preservation Board is established as an advisory Board to the Mayor
and Town Council. As such, its function is to hear and consider matters of legislative nature,
of policy and of other cultural resource preservation functions as necessary.
02.08.01 Establishment and Composition
A. The Town of Marana Council hereby creates<a Cultural Resources Preservation Board to
consist of five (5) voting m~mQers. The five (5) regular members of the Cultural Resources
Preservation Boar<:fshall be appointed by the Mayor, with the consent of the Town Council.
The members shEiUbe selecte(j without regard to political affiliation and shall serve without
compensation, exceptJor the. reimburseme.nt of actual (necessary and reasonable)
expenses incurred in accompllshihgthe.purpDses of the Board, provided such expenses
have beenappRovep in accordance with the Town's Financial Procedures Ordinance.
B. Tertl1s. of Office, FiUing of. Vacancies and Removal. The Board members shall be
apppit")ted for six-year terms, except that the original members shall be appointed for
staggered terms: two (2) for three (3) years and three (3) for six (6) years. Vacancies
occurring otherwise thanthrough the expiration of terms shall be filled by appointment by
the Mayor \lv/ih the consent of the Town Council. Regular members of the Board may be
removed from office without cause, by a majority vote of the entire membership of the
Town Council.
02.08.02
Organization
The Cultural Resources Preservation Board shall be comprised of five (5) members, to be
appointed by the Mayor and approved by the Town Council. Each member must have a
demonstrated interest, experience or knowledge in one (1) of the following: history,
architecture, planning, archaeology, historic archaeology, real estate, historic preservation, law
or a related field; three (3) of the members shall possess professional qualifications in one of
the following fields: archaeology, architecture, preservation planning, or history. A majority
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membership of the five (5) members shall be residents of the Town. One'(1) member of the
Planning and Zoning Commission shall be appointed to ensure the continued coordination
between the two groups. If no person(s) can be found to serve on the Board, who both
possesses the required professional qualifications and resides within the Town of Marana, a
person(s) possessing the required professional qualifications may be appointed upon approval
by the Town Council.
Its membership shall consist of a Chairperson, a Vice-Chairperson, and three (3) voting
members. The Board shall adopt rules for its own organization and forJhe transaction of its
business, but such rules shall not be in conflict with other sections.bfthis Code or other
Ordinances of the Town of Marana or with the laws of the State of Arizona.
02.08.03 Meetings
Meetings of the Cultural Resources Preservation Board shall be quarterly and at such other
times as may be necessary to conduct its business ina timely fashion. Allmeetings shall be
open to the public and the Board shall cause an agenda to be made public not1ess than five
(5) calendar days prior to its meeting.
02.08.04 Quorum and Voting
Three (3) members of the Cultural Resourc~siPreservation Boardshall constitute a quorum.
The concurring vote of the three (3) conveningO',l.E;lmbers is necessary to approve any matter
before the Board.
02.08.05
Records
The Cultural Resources Preserva~jon Board shallmaintain a public record of its hearings,
decisions and findings.
02.08.06
Rules 01 Procedure
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',' ,-,",.-
The c;ultural Resources PreservatiOn6pard may adopt rules of procedure to carry out its
functiolls/c;opies of such rules will b$filed with the Town Clerk and made available through
the Planning Director.
02.08.07
Duties
The Board is charged with developing a comprehensive Cultural Resources Preservation
Program and undertaking any actions necessary to assure compliance with Certified Local
Government requirements. Duties of the Board include, but may not be limited to, the
following:
LEGISLATIVE
.
Reviewing proposed alterations to historic and archaeological resources through the
Certificate of Appropriateness process;
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ADVISORY
.
Establishing a process for identifying Marana's historic, archaeological and cultural
resources;
Developing recommendations to provide a variety of support and incentives,
including funding concepts, to enhance and maintain significant historic and
archaeological resources;
Identifying cultural resources historic significance in the TOWIl. and developing,
maintaining, and from time to time amending plans for the preservation of those
resources;
Establishing and maintaining the Marana Historic Register;
Inventorying historic properties and recommenqing to the Town Council designation
for historic property districts;
Establishing guidelines for evaluation of hl~toric and archaeological resources;
Coordinating resources and providing technical assistance;
Developing criteria and review procedures;
.
.
.
.
.
.
.
GENERAL
.
Providing public information and~ducation on preservati()n;
Conferring with other city, county, regional,stafe9119national historic preservation
boards and commi~sions; . .
Developing parl:nership$.With groups such as the Arizona Historical Society and the
State HistoricPreservatibn Office;
Reporting its progress to the Town Council.
.
.
.
Title 2 Administration
Page 11 of 11
Revised 12/10/02
TOWN OF MARANA
DRAFT LAND DEVELOPMENT CODE
TITLE 20
Protection of Cultural Resources
SECTIONS:
20.01
20.02
20.03
20.04
20.05
20.06
20.07
20.08
Purpose
Definitions
Applicability
Professional Qualifications
Archaeological Review
Development of Cultural Resources
Appeals
Enforcement
- '-
- -
--
- -
- -
- -
.- -
- -
-::..
20.01 Purpose-_ ~ _
~- ~
The purpose of this section is to establish guidE:lines and specifications toft he .
documentation and protection of archaeologieafficl other cultural resources:and to
encourage sensitive development within the TOWll"GI:M:ar.ana::---Its intent is t5preserve
cultural resources within the Town and to protect andl'Ja:P-etuate the unique character of
the geographic area where existing sit&~objects, archaem~cal remains, architecture, or
other tangible records of past eras can ~pduring value-~e people of the Town in
advancing education and appreciation o~eIr...culiural heritag~ .
- - ""'!"
- - --
~ -.- ":'"
- -
20.02 DefinitiGns. ._
-
For the purposes 6Tillls:Ar1:icle,.llie terms and ~fa:Ses listed below shall have the
following meaI?i.ngs: ........ =- _
Certificate of Appropriateness: An official form issued by the Town of Maran a Cultural
Resources Preservation Board stating that the proposed work on a cultural resource is
compatible with the historic character of the property and, therefore: (1) the proposed
work may be completed as specified in the Certificate; and (2) the Town's departments
may issue any permits needed to do the work specified in the Certificate.
Certificate of No Effect: An official form issued by the Town of Marana Planning
Department stating that no archaeological resources were identified in the archaeological
.
Article 20 Protection of Cultural Resources
Page 1 of 11
12/09/02
TOWN OF MARANA
DRAFT LAND DEVELOPMENT CODE
sur-vey and report, or that the archaeological resources that may be impacted by the
proposed work have been determined not to be significant, or that proposed work
involving one (1) or more significant cultural resources or sites will have no adverse
effect on the character of the resources or sites and, therefore, work may proceed as
specified in the certificate without obtaining further authorization under this article, and
authorizing the issuance of any permits for said proposed work.
Cultural Resource: any prehistoric or historic district, site, building, structure, object, or
landmark included in, or eligible for inclusion on, the National Register of Historic
Places, the Arizona Register of Historic Places or the Marana HistiBE Register, including
artifacts, records and material remains related to such propert~r resource.
--
- -
Cultural Resource Preservation Board: a voluntary advisory boarCEwith five (5)
members, appointed by the Mayor and approved by t~T6\yn Coune)"1:; which shall hear
and consider matters of a legislative nature, of poli~ ana'Of other cultararesource
preservation functions as necessary. The Boar&s:"primary.lluties involve Itl~ing
recommendations to the Town Council on ml:rtte:r:@:thistoif~reservation, laCiuding
developing, maintaining, and from time to time ameniiinfPI plan for culturafresource
preservation in the TOV/ll of Mar ana. The Board shall::atsoprovide public information
and education on preservation, coordfiiate resources, and "COnfer with other city, county,
regional, state and national historic pres~.ati{)n boards and-eo~m;issions.
Development: The performance of any b~ding3:lrgr~~~ration, the making of any
material change in the uSe3J.t::aRpearance o:f:anf structurCEOr land, the division of land into
two (2) or more parcel?, ariQ~~reation or ffi.fl11ination 'bf access rights. "Development"
includes, but is no}:hmited to, SWI activities ~the_ construction, reconstruction, or
alteration of the s{ze, or4Iiateri~ange in the ~emal appearance of a structure or land;
commencem~nLuf minin~-eavall~nchi.1ig, or grading; demolition of a structure or
removal oEi'egetation;-deposef refuse, Sffifd waste or fill; alteration of a floodplain, or
bank of::a watercourse ."
- -.......
- -
- --
:""' -=- - ~.
Mitigati~lan: A plan p~ared by a qualified archaeologist for the preservation,
recovery, eX<Zn{l.tion, archhang, monitoring and/or documentation of one (1) or more
significant archaeological resources or sites.
- -
- -
- --
--
Records Search: A Pf..6tess whereby a qualified archaeologist searches for
documentation with-tIie State Historic Preservation Office (SHPO) and the Arizona State
Museum (ASM), including AZSITE (archaeological resource database maintained by
SHPO), to determine if a particular site has been surveyed and inventoried.
Article 20 Protection of Cultural Resources
Page 2 of 11
12/09/02
TOWN OF MARANA
DRAFT LAND DEVELOPMENT CODE
20.03 .'
Applicability
This Article shall apply to all development and ground disturbance within the Town of
Marana, unless the development project is included in the exemptions listed below:
1. An archaeology survey and report is not required for the following exempt
development projects:
a. A private single-family residence on a single fa:?ily lot.
b. A non-residential development with one-halfOt2) acre or less ground
disturbance activity by the project. Thi~tion does not apply to a
linear project, such as an underground::ulility.iiistallation, greater than
one thousand (1,000) feet in lengthaln(f~ith abo~e::ground or below
ground disturbance of greater than fWo-(2) feet in Wf"tftb. or depth. A
report by a qualified archaeol~st on asecords checK"ls::still r.equired
to identify potential archaem&~al resoiIrces that may b6.discovered
or disturbed by construction. ... -~ ;:-
2. Sections 20.05 G. and H.,':"~l1;.discoveries dunn~nstruction, still apply to
any development project eXlltnp:tr:R:Qm completi~ archaeology survey and
report -::. .... . -
. ~ ..., .....: ::::::'"
- -
":. ~- -""
3. An archaeolo.g~ey is not r~ed for a~velopment project on
previously-9istti:tbed::1and where fifty (50) percent or more ofthe land was
built uRoi!:QQor to tlie:current dev~pment project. This exemption applies
to arch-aeological s~ only. A r~ort by a qualified archaeologist on a
re~ checKis::s1iltTet}Illi~a.id~ify potential archaeological resources
..=thaFfil1f:Y3Je disco~r~d or diSfli"ffied by construction. Sections 20.05 G. and
H., on d~eries during CO!1struction, still apply to a development project on
_ - previously distiitbed l~-
"" - - ~
- _:
4. The-following ~roved and pending applications, as of the effective date of
thl~cle, ancEsubsequent applications relying on the prior approvals listed
are exempt from the archaeology survey and report requirement. Sections
20.05 G:iii{fH., on discoveries during construction, still applies to any
developmfnt project exempt from completing an archaeology survey and
report.
a. Building permits.
b. Single family residential lot splits into two or three lots.
c. Preliminary and final plats.
Article 20 Protection of Cultural Resources
Page 3 of 11
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TOWN OF MARANA
DRAFT LAND DEVELOPMENT CODE
20.04
Professional Qualifications
All documents and activities relevant to the management, preservation, and recovery of
archaeological and historic resources will be prepared or undertaken by a qualified
archaeologist and/or archaeological historian working under the appropriate State survey
and recovery permits. Any study conducted by or endorsed by a qualified archaeologist
must satisfy the Code of Ethics and Standards of Performance of the Society of
Professional Archaeologists. .-. _
- -
A "qualified archaeologist" is a person who possesses the f2.l:J.<aYIDg minimum
professional qualifications per the Secretary of the Interi.6e:s PrOfeSsional Qualification
Standards: .:::.. - ~ . ..
~" --'~ ---
- -
A graduate degree in archaeology, anthropolog)'rOr closely related field,i1lus: _
- - -
- ' '.'...,. -.',.", ',,' ...."
1. At least one year of full-time profession~xllertence or equivale1it specialized
training in archaeological!esearch, admimstmtion or management;
-, ":':
2. At least four months of sup~w.eld and ana1ylteexperience in general
North American archaeologTs@1~ _
- '- -
- ...
~ :'- ~
3. Demonstrat~~ to carry re'ieaYch to co~etion.
In addition to thes~-ffitnimum qualifications, i:professional in prehistoric archaeology
shall have at least 'one year. of :fulL.time professiQ..nai experience at a supervisory level in
the study of archaeological:ieso~s:.-QEthe..JlLeilistoric period. A professional in historic
archaeolo~ffiave at least..{)ne year oFfUll-time professional experience at a
supervisory level in 1fie:study o-r:archae9logical resources of the historic period. Five
yeaI.s:t>tprofessional expenence Ifi~erve as a substitute for the graduate degree
requiremen~ __
20.05
ArchaeOlOgical Review
A. All proposed development projects within the Town of Maran a shall be reviewed
for their potential impact on archaeological resources. The review process shall
take one of two paths:
1. If the proposed development is a federal or state undertaking (i.e. to take
place on federal or state land, funding to come from federal or state
agencies, or circumstances dictate federal or state agency regulation), the
project must necessarily pass through the State Historic Preservation
.
Article 20 Protection of Cultural Resources
Page 4 of 11
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TOWN OF MARANA
DRAFT LAND DEVELOPMENT CODE
Office (SHPO) for compliance review. In which case, the Town of
Marana shall be copied on all reports and other information regarding the
status of the projects. Approval from SHPO shall be required before
appropriate Town permits may be issued.
2. All other proposed development, those involving private land, private
funding, etc., shall be reviewed by the Town of Marana in the process
outlined below.
B. With any application for development, the applicant maY:l1fo.,Yide a letter from the
Arizona State Museum (ASM) or SHPO containing a recommendation on how
development should proceed based on existing informatRm. In lieu of a letter
from ASM or SHPO, the applicant may submit a-report ffiml.a qualified
archaeologist that reviews all of the available..:iil(':.~ation fo~1!1e project area.
At minimum, the report shall:
-'....---..
- -
--
1. Determine whether the project ar&a:-had=Oeen previously Stirveyed for
cultural resources. .. .....
_.
2. Identify any previou~~rded archaeo~al,;.or historic resources
known to exist on the~rop~r~ip. the ge~ral vicinity.
:. -=-==-- '7
3. StateJ.illaJJQbability thaF.bJ:Jiied arch~mogical resources not visible
from the surface would be:~iscoverecf in the project area.
- .. ~ ~
4. Mafe::a.n infomed recommeiiUfuion as to whether an archaeological
- survey'o.EheproJ~~~eeded.
- -
-
5. Descnbe and-m~ archaeological and historic sites identified on the
propeain eith-et::::tffe records check or a subsequent field survey.
DetailecEocationmaps of such sites should be available from the
archaeotQgist or consultant for staff review of this document.
C. If the lettt:?..from..kSM or SHPO, or the qualified archaeologist's report, states that
a field surve~as been completed and no significant resources were found, or that
significant res=Ources have been located on the site but the site's informational
value has been exhausted, then a Certificate of No Effect shall be issued by the
Planning Department, authorizing the issuance of appropriate permits for the
proposed project.
A Certificate of No Effect shall be issued, including any conditions:
1. If it is determined the proposed work is minor and clearly within
,adopted development guidelines; and
-=
Article 20 Protection of Cultural Resources
Page 5 of 11
12/09/02
-_."",,~.._,.,^.."-~.._..^,-' ';"~'''~'''"~.'"''''-;''''''''',~"""""",,,,,,,,",,,.............~-,,,,,,-,,,,,,~,,~.....,~..,,",";..,,,,..~.,~..,~"",~~--~ .
TOWN OF MARANA
DRAFT LAND DEVELOPMENT CODE
2. If modifications to the proposed work are requested by the Planning
Department Staff after review, they are agreed to by the applicant; and
3. In any case the proposed work will not diminish, eliminate, or
adversely affect the historic character of the subject property.
D. If the qualified archaeologist determines through his/her records search that a
field survey has never been performed for the site, or that the survey is outdated
or incomplete, a field survey shall be completed by a qualme~ archaeologist and
be submitted to the Planning Department. -
-.... --
- -
E. If a Certificate of No Effect is not approved, a Certificate:of:::Approval shall be
required to proceed with development accorditi&.:(f-t)1e followmg procedures:
--... -
-
1. Town of Marana Planning I2~artment ~taff and/or arcfi:a.~IQgical
consultants retained by the->ro~shall relciew the surveY1iIld report
and approve or disapprove of the~~~;,tolriii1ended significaftce of
archaeological resources impacted "'Y=the proposed development. The
survey and report caD:::also be returned~the applicant for
modifications by a qwrtiii:ect archaeologis8!::it is found to be
incomplete and/or in~urafe:b~Town StaI~ .
~ ~ ~~
2. TOWIL-Sj~hall requir~1htFapplican1gm have a mitigation plan, in
rep.Q1't format:and preparea.:by a qualified archaeologist, submitted for
~.rmew when~has been def~Imi.ned that a significant archaeological
site 'eXISts oojUe property th~-:is proposed to be impacted by
__ developltmB.t. .
- .......;..;....
-
The::mitigation:plan will detail strategies for the management ofthe
affectoo:sites atid3iiclude standards for: further testing, sampling
strategi~: docmnentation, data recovery (excavation), preservation
_ and protection, curation, analysis, and report preparation. Off-site
developments and ancillary construction (utility trenches, water and
~age--n-eatment facilities, roads, etc.) shall also be investigated,
evaluated, and treated by the same criteria as cultural resources within
thf proposed development site.
The mitigation plan shall:
a. Outline a resource assessment program to evaluate the
significance of those resources to be affected by the proposed
land use;
Article 20 Protection of Cultural Resources
Page 6 of 11
12/09/02
__~.^_'~___""'.""~"-',""_~,M'_~.."';".",;",,,,>,,tl'."'"""".'''__''''"''~''''''''"''_''"''~~~''~''''_'~'''''"''"'''''''''<'''''~>'-~'',""C" ........
TO\\t~ OF MARANA
DRAFT LA~1) DEVELOPMENT CODE
b. Outline an effective preservation plan or data recovery and
documentation plan for those resources determined to have
significant research or other value;
c. Provide a schedule for the implementation of the accepted
mitigation plan; and
d. Provide a cost estimate for mitigation strategies, including
testing, data recovery, curation and report preparation, as
described in the mitigation plan.
3. Town Staff shall review the mitigation plan::.i!ng may request technical
assistance from ASM, SHPO and/or 3;:gualified::arfhaeologist as
appropriate and shall approve or <l@:UY ill~ reco111l1lended mitigation
plan within fifteen (15) working::aaysafter it is submitted. If the plan
is not approved as submitte~"::-Staff shalt advise the appliCant _on the
changes needed in the mitigatmB:;;.Qlan fOE~ to be approv~;-
4. In making a decision on the mitigahqn:plan, Town Staff shall consider
methods to avoid, reduce, or mitigate effects on historic and cultural
resources, such as a PIe~aJion easeme~1e taking into
consideration the cU~J:lt neoo8::oithe prop~ owner and reasonable
methods for carrying o~ the reCOiiiinendecfplan. Appropriate
financia:t=assurances, am~lIfit to be de~rmined by the Town, must be
p~leawlt1Etlie Town of~ana for the implementation and
:cOIDPJetion ofIhe accepted1nit~~ation plan.
-
-
_5_...... A Cerfifi~~of-;Appr-o.\!:aLs1full be granted by Town Staff upon the
-....satisfactory::implementatitm of an approved mitigation plan.
- -
- ._"
6. Consl:i1le.tion acfi:vltY on the site may proceed once all the necessary
excavatm'"n and eollecting of archaeological resources is complete. A
_ final repm:t describing the collection and summarizing the finding is
due within one year after receiving a Certificate of Approval. A copy
~e.fifial report, and any other pertinent information regarding
htsturic properties, shall be sent to SHPO for recordation in their
cultural resource inventory.
F. In the event work is being performed without first having obtained a Certificate of
No Effect or a Certificate of Approval, the Planning Director or designee shall
contact the person performing the work and all work shall cease. The Town may
seek an injunction and any other remedy at law or equity to enforce the stop order.
G. When a previously unidentified archaeological site is discovered in the course of
constructio\l, the property owner immediately shall notify the Town of Marana
=::-::-::--=:-:-::~ _....:.=
Article 20 Protection of Cultural Resources
Page 7 of 11
12/09/02
TOWN OF MARAN A
DRAFT LA1\TD DEVELOPMENT CODE
. Planning Department. The property owner shall have a preliminary study made
by a qualified archaeologist to determine the effect that the proposed development
project may have on the site. The Town's consulting archaeologist, with
concurrence from the qualified archaeologist hired by the property owner, shall
evaluate on-site the significance of the archaeological finding as soon as possible.
When the TO\\l1'S consulting archaeologist and the qualified archaeologist hired
by the property owner concur that no adverse effect on the archaeological site will
take place, the project may proceed immediately. Where an adverse effect on a
significant archaeological site will take place, the project s~all comply with the
Certificate of Approval process as described in Section !y:~E~.pf this article.
H. In the event that human remains, including humanJi~:efeta!..remains, cremations,
and/or ceremonial objects and funerary objects ar.~founa1iiiring discovery,
scientific excavation or construction, ground.91sturbjng actIvi.ti~s shall cease in
the immediate vicinity of the discovery. State law (ARS S41--84"4:@d ARS S41-
865) requires that ASM be notified oftb~3iiscovery of these renuiihs::so that, in
consultation with Native American cofffifillilities oi~tl1er groups, ap:@opriate
arrangements can be made for their repatrilltiQ"n..anirre15urial by cultrifal groups
who claim cultural or religious affinity to them::::::'!he remains shall be removed
from the site pending the revi~W:and decision oftfie::affected cultural groups and
ASM. ~~.. ._'
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- -
--
-.--
-..--
DevelgpmeiifPf.::Cultural Resources :-
- _. ---
- -
--
When a building permiEoLotheEpermit is sougl!f;:from the Town to alter, remodel, move,
build, or otherwise develop3>saniIsc,!~Qp-efty, which has been designated as historic
by the Cultotaf-Resollrce PreSyJ:Vution Board: issuance of the permit shall be deferred
until after a Certificate:nfNo Effect or ~ Certificate of Appropriateness is obtained from
the IU'Ml.:..ofMarana Planmng Dep1ii1.fifent or the Cultural Resources Preservation Board.
",. - --
20.06
A. CertifiCate of No Effect
1. The Planning Department shall issue a Certificate of No Effect if:
a. It-iS determined the proposed work is minor and clearly within the
adopted Historic Preservation Plan, and
b. Any modifications to the proposed work requested by the Town of
Marana are agreed to by the owner/applicant, and
c. The proposed work will not diminish, eliminate, or adversely affect the
historic character of the subject property or district.
:: ---:-:-::-:::--:-:---
Article 20 Protection of Cultural Resources
Page 8 of 11
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. TQYv~ OF MARANA
DRAFT LA~1) DEVELOPMENT CODE
2. A Certifica:e of No Effect shall expire and become null and void two (2) years
from the date of issuance unless construction work is started within that time.
B. Certificate of Appropriateness
1. If a Certificate of No Effect is not issued, a Certificate of Appropriateness
from the Cultural Resource Preservation Board shall be required.
, ~'.'-""'" ..,...... ,..,..."-......
" . ., ') , The Town of Marana Planning Department shall sch~clul~a public hearing
before the CEltural Resource Preservation Board wilf1in forty-five (45) days of
''''~'n~' 'P...t1iefilin.r6ra.~'appllcati'ohTor a aevcl()pnlei1([~iifiif~Fofice-oftlie ,. .'."', ....
application shall be posted on the property at~l~ast ten:~!:9) days before the
date set for the public hearing. The Cultlll'a~.Re$ourcesPi:eservation Board
shall review the application for consis!~ricy with the Towii:::gfMarana Historic
Preservation Plan, and after reviewi!l~~!he evid~nce presented::~1!h~Jlearing,
the Board shall grant or deny the Certifi!;fl.te of ~ppropriateness;::grant it with
stipulations, 0:- issue a Certificate ofNCi~n:~gl~~""';' ';'
3. In the event work is beingp~!':f9rmed withouft]fsthaving obtained a
Certificate of No Effect or ~~ertig~~te of ApprOPBil.tS?Jess, the Planning
Director or designee shall congtcttne~~rson perfotitnlng the work and all
work cease. The Town may s~k an:.iiijun~Qn_an<1 any other remedy at law
or equity to enfo!.ce.the stop ord~r:L"::'" -
-:::::
-:::::
20.07
..Appeals
.--
A. .:AIl appeals of-staff detemiinations of the significance of archaeological sites,
......... ...:.€.e.rtificates ofNQ:Ji.jfect, C;ertiflcates of Approval, Certificates of
. An]rQpriateness arriErlisapproval of mitigation plans shall be made in writing by
the'3.Rp-licant within=nve (5) days of the decision and shall be appealed to the
Cultura~esources .:Preservation Board.
- -
--
B. A hearing orr..appeals regarding cultural resources and procedures shall be
scheduled foithe Cultural Resources Preservation Board within thirty (30) days
of the request. The Board shall hold a hearing and can approve, disapprove,
approve with stipulations or remand to the applicant for modifications the
significance of cultural resource sites, the Certificate of No Effect, the Certificate
of Approval, the Certificate of Appropriateness or the mitigation plan.
C. The owner, applicant, or other aggrieved party may appeal the Cultural Resources
Preservation Board's decision in writing to the Town Council within five (5) days
of the Board's decision.
.
---= --
Article 20 Protection of Cultural Resources
Page 9 of 11
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'-'-~-''''''-''"~'~''~~''''''_~~.~_~'.,=-_.^",-,,,,.;,,,,"C~"..' C ". "_",,,,,.,,,,-,,,,,,,,,,",,,,~_~,"~',...,,,,,,_,,,,,.,,,,,..,~
TOWN OF :\1ARANA
DRAFT LA~TD DEVELOPMENT CODE
D. Town Council shall hear and decide the appeal within forty-five (45) days of the
date on which the appeal is filed. Notice of the hearing shall be posted on the
property at least ten (10) days prior to the hearing.
20.08
Enforcement
A. Classification of penalty.
~"" .......;;.......,...........,.........-... ..", ...,,_.."'...'t:-....:~J0"p.erscrrt,41rn'('.:orp.6ration;.partl1c'rship.,~BI' ;lssd~tahoi1 Wh\;t1ler'i.5"~'" .~ ....... .r'., . .".
principal, owner, agent, tenant or othe~wise wh.oyiolates, or fails to
comply with, any of the provision~of Article 20:"02, Protection of
Cultural Resources, is subj ect toa civil sanction.
2. A second or subsequent violation of anY(lfthe provisions of Article
~O-02. Pwtection ofCu!tur21 Ref()urc~s, .",iithin a two-year period
followi:.1g 8. fir:ding ofrespo-rsible t~ a~ivil vjoJ8tiol1 0f!hiE: Article
shall be guilty of a~l~~s one misdemean<:>E offense.
3. Each day any violation ofaii)TpI:Ovision ofWlcle 20-02, Protection of
Cultural Resources, sh~l.! cOl}~tiffit~~;;:s~p:~~e violation.
B. Penalties.
1. Up-o~~findigg~f responsible:to' a civil violation, the court shall
impose...~.E!YiFSan~~!~g:!!ot;t<:,. exceed one thousand dollars ($1,000.00),
tnan~o hunare'u::tifty dollars ($250.00).
2. Upon~_:EonvicfiQl!6f a misdemeanor the court may impose a sentence
in acc6fd~ce \\;'ith the Marana Town Code and state law for class one
misdem~ors.
3 :=:::::~9_ditional remedies and penalties for violatlon of any section or other
partcof Article 20-02, Protection of Cultural Resources, are:
a. Any person who alters, removes, relocates or demolishes any
historic or archaeological resource in violation of this Article
shall be required to turn over any such resource, artifact or
object to the Town of Maran a, and may be required to restore
the archaeological resource to its appearance or setting prior
to the violation. Any action to enforce this provision shall be
brought by the Town of Mar ana. This civil remedy shall be
Article 20 Protection of Cultural Resources
Page 10 of 11
12/09/02
-_.'.,_..,.._...",...,-,~,."".,..",.""""-".,-~......_"""""~._~.""",,.....~,,,""'~""'.'"''''"~'~~"'~~.""'''''~".''
TOWN: Of MARANA
DR1.FTLA1:\TI DEVELOPMENT CODE
in addition to, and not in lieu of, any criminal prosecution
and penalty.
If any person removes or destroys an archaeological resource
in violation of this Article, or removes such a resource from
or on publicly-owi1cd land or on a public right-of-w~y
without a permit, then the Marana business license of the
company, individual, principal owner or its or his successor
in interest initi2.ting (s:'lch as the developer or property
.' owner) such removal or destructiol1; shall be revoked for a
period oftlr-ee (3) years.
.~''''''''"""*-~J~~~"""~~;''''''''''''''~~''~'''",,,~,,,~''u.-Alfof~~,~....~'~;~.,..~~......-..~,.~4.'\O'6I\-'~..."foryJ"'.,,..'.c""''-';''''~'''',~~'''''''IIlt...w
b.
. ..." ~ , '. "".. ...,~
--
Article 20 Protection of Cultural Resources
Page 11 of 11
12/09/02