HomeMy WebLinkAboutOrdinance 2023.021 Revising Marana Town Code Title 17 (Land Development), Chapter 17-5 (Subdivisions) 20231740129
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TOWN CLERK 06/23/2023 10:11:39 AM Page: 1 of 2
Gabriella Cazares-Kelly Recorder
MARANA AZ520-382-1999 OFFICIAL RECORDS OF PIMA COUNTY, AZ
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MARANA ORDINANCE NO. 2023.021
RELATING TO LAND DEVELOPMENT; REVISING MARANA TOWN CODE TITLE 17
(LAND DEVELOPMENT), CHAPTER 17-5 (SUBDIVISIONS), SECTION 17-5-4
(PERFORMANCE GUARANTEE) TO ADD PERMIT HOLD FORMS OF ASSURANCE
AS AN ACCEPTABLE FORM OF SUBSTITUTE ASSURANCE TO GUARANTEE THE
COMPLETION OF SUBDIVISION IMPROVEMENTS; AND DECLARING_ AN
EMERGENCY
WHEREAS A.R.S. §9-463.01 provides that the legislative body of every
municipality shall regulate the subdivision of all lands within its corporate limits and that
the legislative body shall exercise this authority by, among other items, prescribing by
ordinance the posting of performance bonds,assurances or such other security as may be
appropriate and necessary to assure the installation of required street, sewer,electric and
water utilities, drainage, flood control and improvements meeting established minimum
standards of design and construction; and
WHEREAS Section 17-5-4 (Performance guarantee) of the Marana Town Code
requires the posting of assurances by subdividers to guarantee the completion of required
subdivision improvements, as required by A.R.S. §9-463.01; and
WHEREAS the Mayor and Council of the Town of Marana find that revising
Marana Town Code Section 17-5-4 to add permit hold forms of assurance as an acceptable
form of substitute assurance as set forth in this ordinance is in the best interests of the
Town and its residents.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Title 17 (Land Development), Chapter 17-5
(Subdivisions), Section 17-5-4 (Performance guarantee) is hereby amended as follows
(with additions shown with double underlining):
17-5-4 Performance guarantee
[No revisions to existing paragraph A]
B. The town manager is authorized to execute substitute subdivision assurances in a form
approved as to substance by the town engineer and approved as to form by the town attorney,
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if the town manager and town engineer are satisfied that the substitute assurances protect the
town to an extent equal to or greater than the original assurances.
1. Financial forms of assurance and third party trust forms of assurance may be used as
substitute subdivision assurances.
2. Permit hold forms of assurance prohibiting the issuance of any building permits on any
individual subdivision lot or block for which required subdivision improvements have not
yet been installed are permitted as substitute forms of assurance at the discretion of the
town engineer and town manager when the town engineer and town manager find that
the permit hold form of assurance is an appropriate mechanism to guarantee that required
improvements are installed in a timely manner for the development in question.
[No revisions to existing paragraph C]
SECTION 2. The various town officers and employees are authorized and directed
to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 3. All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this ordinance are
hereby repealed, effective as of the effective date of this ordinance.
SECTION 4. If any 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, the decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 5. Since it is necessary for the preservation of the peace, health-and
safety of..the Town-of Marana that this ordinance--become -immediately-effective, an-
•emergency is hereby declaredtoexist,and-this ordinance shall be effective immediately—
94,
upon its passage and adoption. c rpt( yje i-' , c� r;uta i kA 4' I`L 4, t 1 _yew ;.�
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this 20th day of June 2023.
/7/7,
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk Jane Fairall, Town Attorney
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ESTABLISHEDAZ
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