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HomeMy WebLinkAboutPackets - Council Packets (334)       *AMENDED (3/31/17, 2:30 PM) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION April 5, 2017 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE         REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   COUNCIL REPORTS   DEPARTMENT REPORTS   The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING   INFORMATIONAL ITEMS   CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card.   PRESENTATIONS   1. Presentation of a Community Service Award to the Town of Oro Valley from USA Synchronized Swimming and the Arizona Synchronized Swimming Association   2. Presentation of a certificate of appreciation to the Cañada del Oro Kennel Club   3. Proclamation - National Day of Prayer           CONSENT AGENDA (Consideration and/or possible action)   A. Minutes - March 15, 2017   B. Appointment of Judge Pro Tempore for the Oro Valley Magistrate Court   C. Resolution No. (R)17-11, authorizing the waiver of A.R.S. 28-7209, thereby accepting ownership and maintenance of right-of-way of Tangerine Road, (formerly State Route 989)   D. Resolution No. (R)17-12, authorizing an Intergovernmental Transportation Funding Agreement between the Regional Transportation Authority of Pima County and the Town of Oro Valley for the design and construction of improvements to La Cholla Boulevard: Overton Road to Tangerine Road wildlife linkages   E. Request for approval regarding an amended Final Plat for a proposed no-build area trade on Stone Canyon Lot 227, located in Stone Canyon Neighborhood II, north of Tortolita Mountain Circle, approximately one-half mile west of Rancho Vistoso Boulevard   REGULAR AGENDA   1. RESOLUTION NO. (R)17-13, ADOPTING THE ORO VALLEY MAIN STREETS CONCEPT PLAN   2. DISCUSSION, DIRECTION AND POSSIBLE ACTION FROM TOWN COUNCIL REGARDING THE FUNDING AND CONSTRUCTION OF ADDITIONAL SPORT FIELDS AND RELATED IMPROVEMENTS FOR NARANJA PARK   3. RESOLUTION NO. (R)17-14, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, THE TOWN OF MARANA AND THE TOWN OF ORO VALLEY RELATING TO THE PARTNERSHIP FOR THE DESIGN, CONSTRUCTION, MANAGEMENT, OPERATION AND MAINTENANCE OF THE NORTHWEST RECHARGE, RECOVERY AND DELIVERY SYSTEM   4.AMENDING CHAPTER 17, FLOODPLAIN AND EROSION HAZARD MANAGEMENT   a. RESOLUTION NO. (R)17-15, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT TO BE PLACED WITHIN CHAPTER 17, FLOODPLAIN AND EROSION HAZARD MANAGEMENT OF THE ORO VALLEY ZONING CODE REVISED AND ENTITLED THE “FLOODPLAIN AND EROSION HAZARD MANAGEMENT;" ATTACHED HERETO AS EXHIBIT “A” AND FILED WITH THE TOWN CLERK   b. PUBLIC HEARING: ORDINANCE NO. (O)17-04, AMENDING TOWN CODE CHAPTER 17, FLOODPLAIN AND EROSION HAZARD MANAGEMENT, TO COMPLY WITH LEGISLATIVE CHANGES GOVERNING FLOODPLAIN MANAGEMENT UNDER THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) CODE OF FEDERAL REGULATION   5. *DISCUSSION, DIRECTION AND POSSIBLE ACTION FROM TOWN COUNCIL REGARDING THE 5. *DISCUSSION, DIRECTION AND POSSIBLE ACTION FROM TOWN COUNCIL REGARDING THE AUTHORIZATION AND USE OF GENERAL FUND CONTINGENCY RESERVES FOR THE FOLLOWING: BUILDING IMPROVEMENTS TO THE COMMUNITY CENTER FOR THE ADDITION OF AN ELEVATOR, PARKING LOT RECONFIGURATION, CONSTRUCTION OF ACCESSIBLE PATH FROM LA CANADA DRIVE TO THE FACILITY AND THE FUNDING OF THE GOLF AND FOOD & BEVERAGE FEASIBILITY CONSULTANT STUDY (Removed from the agenda on 3/31/17 at 2:30 p.m.)   FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)   CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card.   ADJOURNMENT     POSTED: 3/29/17 at 5:00 p.m. by pp AMENDED AGENDA POSTED: 3/31/17 at 5:00 p.m. by pp When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at 229-4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during “Call to Audience”, please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During “Call to Audience” you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation.    Town Council Regular Session Item # 1. Meeting Date:04/05/2017   Presentation by USA Synchronized Swimming and Arizona Synchronized Swimming Association Information Subject Presentation of a Community Service Award to the Town of Oro Valley from USA Synchronized Swimming and the Arizona Synchronized Swimming Association Summary Attachments No file(s) attached.    Town Council Regular Session Item # 2. Meeting Date:04/05/2017   Presentation of certificate of appreciation to the Cañada del Oro Kennel Club Information Subject Presentation of a certificate of appreciation to the Cañada del Oro Kennel Club Summary On November 18, 2016, the Cañada del Oro Kennel Club generously donated $10,000 to the Oro Valley Police Department to assist with the purchase of a replacement canine after the passing of Lara. Attachments No file(s) attached.    Town Council Regular Session Item # 3. Meeting Date:04/05/2017   Proclamation - National Day of Prayer Information Subject Proclamation - National Day of Prayer Summary Attachments Proclamation     Town Council Regular Session Item # A. Meeting Date:04/05/2017   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: Minutes - March 15, 2017 RECOMMENDATION: Staff recommends approval.  EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve, (approve with the following changes) the March 15, 2017 minutes.  Attachments 3-15-17 Draft Minutes  3/15/17 Minutes, Town Council Regular Session 1 MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION March 15, 2017 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER Mayor Hiremath called the meeting to order at 5:00 p.m. ROLL CALL PRESENT:Satish Hiremath, Mayor Lou Waters, Vice Mayor Joe Hornat, Councilmember Mary Snider, Councilmember Bill Rodman, Councilmember Steve Solomon, Councilmember Rhonda Piña, Councilmember *EXECUTIVE SESSION - Pursuant to ARS 38-431.03(A)(3) and (A)(7) to discuss and receive legal advice from its attorneys regarding the acquisition of real property and *Pursuant to ARS 38-431.03(A)(3) and (A)(4) to discuss and receive legal advice from its attorneys regarding contract negotiations for Request for Proposal #17003 MOTION:A motion was made by Mayor Hiremath and seconded by Councilmember Rodman to go into Executive Session at 5:01 p.m. pursuant to ARS 38-431.03(A)(3) and (A)(7) to discuss and receive legal advice from its attorneys regarding the acquisition of real property and *Pursuant to ARS 38-431.03(A)(3) and (A)(4) to discuss and receive legal advice from its attorneys regarding contract negotiations for Request for Proposal #17003 MOTION carried, 7-0. Mayor Hiremath said the following staff members would join Council in the first Executive Session: Interim Town Manager Danny Sharp, Town Attorney Gary Verburg, Legal Services Director Tobin Sidles, Planning Manager Bayer Vella, Community Development and Public Works Director Paul Keesler, Finance Director Stacey Lemos, Parks and Recreation Director Kristy Diaz-Trahan and Town Clerk Mike Standish. Mayor Hiremath said the following staff members would join Council in the second Executive Session: Interim Town Manager Danny Sharp, Town Attorney Gary Verburg, 3/15/17 Minutes, Town Council Regular Session 2 Legal Services Director Tobin Sidles, Finance Director Stacey Lemos, Procurement Administrator Mark Neihart, Parks and Recreation Director Kristy Diaz-Trahan and Town Clerk Mike Standish. REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER Mayor Hiremath called the meeting to order at 6:02 p.m. ROLL CALL PRESENT:Satish Hiremath, Mayor Lou Waters, Vice Mayor Joe Hornat, Councilmember Mary Snider, Councilmember Bill Rodman, Councilmember Steve Solomon, Councilmember Rhonda Piña, Councilmember PLEDGE OF ALLEGIANCE Mayor Hiremath led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Communications Administrator Misti Nowak announced the upcoming Town meetings and events. COUNCIL REPORTS No reports were received. DEPARTMENT REPORTS Town Clerk Mike Standish announced that new artwork was on display in the Council Chambers by artist Nancy McCune. Economic Development Manager Amanda Jacobs announced new Arts & Culture Ambassador Gail Mundenn. Parks & Recreation Director Kristy Diaz-Trahan announced a book signing by local author Amy Silverman along with therapeutic drumming performed by Gale E. Quackenbush to be held at the Oro Valley Community Center on Saturday, April 1, 2017 at 10:00 a.m. ORDER OF BUSINESS 3/15/17 Minutes, Town Council Regular Session 3 Mayor Hiremath reviewed the order of business and stated that the order would stand as posted. INFORMATIONAL ITEMS 1.Councilmember Hornat -2017 ULI Trends Day Conference Trip Report CALL TO AUDIENCE No comments were received. PRESENTATIONS 1.Proclamation - World Down Syndrome Day March 21, 2017 Mayor Hiremath proclaimed March 21, 2017 as World Down Syndrome Day in the Town of Oro Valley and Oro Valley resident Indrani Solomon accepted the proclamation. Juan Ciscomani, representing Governor Ducey’s office, announced that Governor Ducey also signed a proclamation for World Down Syndrome Day. Katie Ferguson, student at Ironwood Ridge High School, expressed her gratitude for the proclamation of World Down Syndrome Day in Oro Valley. Steve Freeman, President of the Southern Arizona Network of Down Syndrome (SANDS) expressed his gratitude for the proclamation of World Down Syndrome Day in Oro Valley. On March 21, 2017, The National Down Syndrome Society has scheduled an event entitled "Racing for 3.21" on World Down Syndrome Day, a virtual run, walk, bike, hike, swim and/or move for 3.21 miles to raise funds to support people with Down syndrome. Visit www.worlddownsyndromeday.org for more information. 2.Recognition of Outgoing Board and Commission Members Mayor Hiremath and Vice Mayor Waters presented plaques of recognition to the following outgoing Board and Commission Members: - Sarah Corning, Parks & Recreation Advisory Board - Bill Leedy, Planning & Zoning Commission - Michael Stankiewicz, Stormwater Utility Commission - Javier Arriaga, Water Utility Commission 3.Presentation of a plaque of appreciation to Dick Eggerding 3/15/17 Minutes, Town Council Regular Session 4 Mayor Hiremath and Vice Mayor Waters presented a plaque of appreciation to Dick Eggerding, outgoing Arts & Culture Ambassador. Mayor Hiremath recessed the meeting at 6:31 p.m. Mayor Hiremath reconvened the meeting at 6:41 p.m. CONSENT AGENDA A.Minutes -February 14 and 15, 2017 B.Fiscal Year 2016/17 Financial Update through January 2017 C.Resolution No. (R)17-07, adopting the Town of Oro Valley Strategic Plan 2017 D.Resolution No. (R)17-08, authorizing and approving an Intergovernmental Agreement between the Town of Oro Valley and the Town of Marana for the M.O.V.E. Across 2 Ranges hiking challenge event E.Request for approval of the final plat for the Viewpointe at Vistoso Trails Subdivision, located on the southeast corner of Rancho Vistoso Boulevard and Moore Road F.Approval to continue the search for a new Town Manager G.Request to change the May 18, 2017 regular Town Council meeting date to May 17, 2017 H.Appointment to the Pima Association of Governments Environmental Planning Advisory Committee MOTION:A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to approve Consent Agenda items (A-H). MOTION carried, 7-0. REGULAR AGENDA 1.PUBLIC HEARING: DEVELOPMENT IMPACT FEES BIENNIAL AUDIT FOR THE PERIOD OF JULY 1, 2014, THROUGH JUNE 30, 2016 Finance Director Stacey Lemos presented item #1. Mayor Hiremath opened the public hearing. No comments were received. 3/15/17 Minutes, Town Council Regular Session 5 Mayor Hiremath closed the public hearing. MOTION:A motion was made by Councilmember Hornat and seconded by Councilmember Snider to accept the biennial development impact fee audit for the period of July 1, 2014 through June 30, 2016. MOTION carried, 7-0. 2.STEAM PUMP VILLAGE SELF -STORAGE FACILITY LOCATED WEST OF THE STEAM PUMP WAY AND ORACLE ROAD INTERSECTION: A. PUBLIC HEARING: ORDINANCE (O)17-03, AMENDING THE STEAM PUMP VILLAGE PLANNED AREA DEVELOPMENT TO PERMIT AN INDOOR SELF- STORAGE FACILITY AND RELATED AMENDMENTS B. DISCUSSION AND POSSIBLE ACTION ON A REQUEST FOR APPROVAL OF A CONCEPTUAL SITE PLAN, LANDSCAPE PLAN AND ARCHITECTURE FOR THE INDOOR SELF-STORAGE FACILITY Planning Manager Bayer Vella presented Item #2a and outlined the following: - Purpose - Location - Planned Area Development Amendment - Allow Use - Architectural Concept - Floor Area Ratio - Parking - Conceptual Site / Landscape Plan - Architectural Concept - Public Participation - Recommendation Discussion ensued amongst Council and staff regarding item #2a. Applicant Keri Silvyn from Lazarus, Silvyn and Bangs, P.C. representing 1784 Capital Holdings, presented item #2b and outlined the following: - Request - Natural Landscape Buffer - Proposed Climate Controlled Self Storage - River Trail / Natural Landscape Buffer - Evolution of Architecture - Elevation - Further Photos 3/15/17 Minutes, Town Council Regular Session 6 - Elevation - Loading Screen Wall Discussion ensued amongst Council and Applicant regarding item #2b. Mayor Hiremath opened the public hearing. The following individual spoke in support of item #2a. Oro Valley resident Jina Vaughn The following individuals spoke in opposition to item #2a. Oro Valley resident Nancy Humphry Oro Valley resident Paul Loomis Oro Valley resident Donald Bristow Oro Valley resident Diane Bristow Oro Valley resident Emily Funk Owner Oro Valley Self Storage Chris Monson Manager Arizona Self Storage Edna Castañeda Mayor Hiremath closed the public hearing. Discussion continued amongst Council and staff regarding items #2a and #2b. MOTION:A motion was made by Councilmember Solomon and seconded by Councilmember Rodman to adopt Ordinance No. (O)17-03, amending the Steam Pump Village Planned Area Development, based on a finding that the request conforms with the Your Voice, Our Future General Plan. MOTION carried, 7-0. MOTION:A motion was made by Councilmember Hornat and seconded by Councilmember Snider to approve the Conceptual Site Plan, Landscape Plan and Architecture, subject to the conditions in Attachment 2, based on a finding that the request is consistent with the Design Principles. Steam Pump Self-Storage Facility (OV1602786) Attachment 2 - Conditions of Approval Conceptual Site Plan, Landscape Plan and Architectural Concept 3/15/17 Minutes, Town Council Regular Session 7 Engineering 1.Revise the grading so that conveyance of stormwater runoff to the existing underground storm drain system meets the intent of the approved Steam Pump Village master drainage report. 2.Provide additional grading information to verify that general grading, drainage and accessibility requirement are in accordance with minimum Town standards. 3.Depict and identify all existing storm drainage facilities within and adjacent to the subject property. 4.Depict and identify all existing underground utilities within and adjacent to the subject property. 5.Provide contour labels at a minimum five foot frequency on corresponding contour lines depicted within the plans for verification of slope, general grading and tie-in to existing improvements surrounding the subject property. Water 6.The existing water utility services and/or water main shall be relocated, if necessary, as determined by the Water Utility Director. MOTION carried, 7-0. 3.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON A REQUEST FOR A CONDITIONAL USE PERMIT TO INSTALL AN OVERHEAD FIBER OPTIC CABLE LOCATED ON THE NORTH SIDE OF CALLE CONCORDIA, EAST SIDE OF CALLE BUENA VISTA, AND THE SOUTH SIDE OF HARDY ROAD Councilmember Hornat left the meeting at 8:00 p.m. Senior Planning Technician Patty Hayes presented item #3 and outlined the following: - Applicant's Request - Location - Review Criteria - Summary & Recommendation Mayor Hiremath opened the public hearing No comments were received. 3/15/17 Minutes, Town Council Regular Session 8 Mayor Hiremath closed the public hearing. MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve the Conditional Use Permit to install an overhead fiber optic cable based on the finding that the proposal is consistent with the General Plan and Conditional Use Permit review criteria. MOTION carried, 6-0. Councilmember Hornat returned to the meeting at 8:04 p.m. 4.RESOLUTION NO. (R)17-09, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF ORO VALLEY RELATING TO THE DELIVERY OF CENTRAL ARIZONA PROJECT WATER Water Resources and Planning Manager Peter Abraham presented item #4 and outlined the following: - Amending the IGA with the City of Tucson for CAP Wheeling - Summary of Amended IGA - Summary of pricing - CAP Wheeled delivery - City of Tucson/Town of Oro Valley Wheeling IGA Discussion ensued amongst Councilmembers regarding item #4. MOTION:A motion was made by Councilmember Piña and seconded by Councilmember Snider to approve Resolution No. (R)17-09, authorizing and approving an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley relating to the delivery of Central Arizona Project Water. MOTION carried, 7-0. 5.RESOLUTION NO. (R)17-10, AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT, A TRUST AGREEMENT, A DEPOSITORY TRUST AGREEMENT, A PLACEMENT AGENT AGREEMENT AND AN OBLIGATION PURCHASE AGREEMENT; APPROVING THE SALE, EXECUTION AND DELIVERY OF EXCISE TAX REVENUE REFUNDING OBLIGATIONS, SERIES 2017, EVIDENCING A PROPORTIONATE INTEREST OF THE OWNERS THEREOF IN AN AGREEMENT BETWEEN THE TOWN OF ORO VALLEY, ARIZONA AND A TRUSTEE; AUTHORIZING AND RATIFYING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION; AND DECLARING AN EMERGENCY 3/15/17 Minutes, Town Council Regular Session 9 MOTION:A motion was made by Councilmember Solomon and seconded by Councilmember Snider to approve Resolution No. (R)17-10. MOTION carried, 7-0. 6.AMENDMENT TO PERSONNEL POLICY 7, EXAMINATIONS, ADDING A PROVISION FOR A VETERANS’ PREFERENCE FOR EXTERNAL EMPLOYMENT RECRUITMENT Human Resources Director Gary Bridget presented item #6. MOTION:A motion was made by Councilmember Snider and seconded by Mayor Hiremath to approve the proposed amendment to Personnel Policy 7, Examinations, adding a Veterans' Preference to the Town of Oro Valley recruitment process. MOTION carried, 7-0. FUTURE AGENDA ITEMS Councilmember Hornat requested a future agenda item to be placed on the April 5, 2017 Town Council Agenda for staff to present plans for the installation of an elevator at the Oro Valley Community and Recreation Center and for Council to consider authorizing funds in order to proceed with those plans, seconded by Councilmember Rodman. CALL TO AUDIENCE No comments were received. ADJOURNMENT MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember Hornat to adjourn the meeting at 8:21 p.m. MOTION carried, 7-0. Prepared by: __________________________ Patti Perez Senior Office Specialist I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 3/15/17 Minutes, Town Council Regular Session 10 15th day of March, 2017. I further certify that the meeting was duly called and held and that a quorum was present. Dated this _____ day of ____________________, 2017. ___________________________ Michael Standish, CMC Town Clerk    Town Council Regular Session Item # B. Meeting Date:04/05/2017   Requested by: Suzanne Bunnin Submitted By:Mike Standish, Town Clerk's Office Department:Magistrate Court Information SUBJECT: Appointment of Judge Pro Tempore for the Oro Valley Magistrate Court RECOMMENDATION: The Town Magistrate, Hon. George Dunscomb, recommends the Hon. Laine Sklar be appointed as judge pro tempore of the Oro Valley Magistrate Court. EXECUTIVE SUMMARY: All courts have a list of attorneys or other judges to sit in the court and hear cases when a judge has a conflict or is unavailable to preside. BACKGROUND OR DETAILED INFORMATION: For many years, the judges of Oro Valley Court and Sahuarita Court have been pro-tems in each other's courts, which has allowed us to have another judge to whom we could send conflict cases, saving us the cost of bringing in one of our attorney judges pro tempore. We had a similar agreement with the Marana Court, but it ended when Marana appointed a new judge. Judge Sklar was appointed about a year ago, and the co-operation between Sahuarita, Marana and Oro Valley has increased significantly. It will be particularly helpful for covering each other at the Warrant Resolution Courts. FISCAL IMPACT: The Court has a designated line item in the budget to cover pro tem judges, and we only call one at a time. SUGGESTED MOTION: I MOVE to appoint Hon. Laine Sklar as Judge Pro Tempore for the Oro Valley Magistrate Court. Attachments No file(s) attached.    Town Council Regular Session Item # C. Meeting Date:04/05/2017   Requested by: Paul Keesler  Submitted By:Aimee Ramsey, Community Development & Public Works Department:Community Development & Public Works Information SUBJECT: Resolution No. (R)17-11, authorizing the waiver of A.R.S. 28-7209, thereby accepting ownership and maintenance of right-of-way of Tangerine Road, (formerly State Route 989) RECOMMENDATION: Town staff recommends approval. EXECUTIVE SUMMARY: This item is brought forward to Town Council for consideration to accept ownership of Tangerine Road, which will provide the Town with the necessary control to make decisions on access along the right-of-way. An Intergovernmental Agreement (IGA) with the Arizona Department of Transportation (ADOT) already exists for the maintenance of this section of Tangerine Road. The IGA includes maintaining the signals (except for the Oracle Rd. and Tangerine Rd.), sidewalk, multi-use path, vegetation, and bridge deicing. ADOT is responsible for maintaining the pavement and the bridges. BACKGROUND OR DETAILED INFORMATION: Tangerine Road from Interstate 10 to State Route 77 falls within the following four jurisdictions: Town of Marana, Pima County, Town of Oro Valley and Arizona Department of Transportation. 1986, Pima Association of Governments (PAG) successfully petitioned the State Transportation Board of ADOT for the adoption and approval of a State Route designation for Tangerine Road from Interstate 10 to State Route 77. 2015, PAG Regional Council approved Resolution No. 2015 – 1, supporting declassifying the state planning route segment of Tangerine Road between Interstate 10 and SR77.  Concurrence by the State Transportation Board removed the State Route 989 designation and designated Tangerine Road as a regional arterial road, except for the segment west of 1st Avenue through SR77, which remains as State Route 989 and under ADOT jurisdiction. 2017, ADOT submits waiver to Town of Oro Valley to accept ownership of the remaining segment of State Route 989, Tangerine Road, completing the reclassified to a regional arterial road with no future plans as a high speed limited access highway. FISCAL IMPACT: Once ADOT performs the pavement work as outlined in their correspondence, the Town will include this segment into the Pavement Preservation Program anticipating a fog coat application in four years costing approximately $65,000. The bridges are in excellent condition and will not require maintenance work for several years. In addition, Tangerine Road is designated by PAG and ADOT as a regional arterial road, and therefore, eligible to receive regional and federal funds for bridge repairs. SUGGESTED MOTION: I MOVE to (adopt or deny) Resolution No. (R)17-11, authorizing the waiver of A.R.S. 28-7209, thereby accepting ownership and maintenance of right of way of Tangerine Road (formerly State Route 989). Attachments (R)17-11 Tangerine Rd Waiver  ADOT Communication Waiver  C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@2408184C\@BCL@2408184C.docx Town of Oro Valley Attorney’s Office/ca/020209 RESOLUTION NO. (R)17-11 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE WAIVER OF A.R.S. 28-7209, ACCEPTING OWNERSHIP AND MAINTENANCE OF RIGHT OF WAY OF TANGERINE ROAD (FORMERLY STATE ROUTE 989) WHEREAS, pursuant to A.R.S. §9-276, the Town is authorized to lay out, maintain, control and manage public roads within its jurisdictional boundaries; and WHEREAS,the Arizona Department of Transportation (ADOT) is requesting a waiver of the four-year advance notice of abandonment in accordance with A.R.S. §28-7209; and WHEREAS, the purpose of this abandonment is that Tangerine Road is no longer designated as a corridor and ADOT can no longer assume ownership of the roadway and must abandon it back to the Town of Oro Valley; and WHEREAS, ownership of Tangerine Road from MP 34.45 to MP 36 will provide the Town with ability to make decisions controlling access along the right of way for this segment of Tangerine Road; and WHEREAS, it is in the best interest of the Town of Oro Valley to authorize the Waiver of A.R.S. §28-7209, Accepting Ownership and Maintenance of Right of Way of Tangerine Road (formerly State Route 989) attached hereto as Exhibit “A” and incorporated herein by reference. THEREFORE, BE IT RESOLVED, by the Mayor and Town Council of the Town of Oro Valley, Arizona that: 1.The Waiver of A.R.S. §28-7209, accepting ownership and maintenance of the right of way of Tangerine Road (formerly State Route 989) is hereby authorized. 2.The Town Engineer and any other administrative officials are hereby authorized to take such steps necessary to execute and implement the terms of the Waiver of A.R.S §28- 7209. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 5 th day ofApril, 2017. TOWN OF ORO VALLEY C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@2408184C\@BCL@2408184C.docx Town of Oro Valley Attorney’s Office/ca/020209 Dr. Satish I. Hiremath, Mayor ATTEST:APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date Date C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@2408184C\@BCL@2408184C.docx Town of Oro Valley Attorney’s Office/ca/020209 EXHIBIT “A”    Town Council Regular Session Item # D. Meeting Date:04/05/2017   Requested by: Jose Rodriguez  Submitted By:Jose Rodriguez, Community Development & Public Works Department:Community Development & Public Works Information SUBJECT: Resolution No. (R)17-12, authorizing an Intergovernmental Transportation Funding Agreement between the Regional Transportation Authority of Pima County and the Town of Oro Valley for the design and construction of improvements to La Cholla Boulevard: Overton Road to Tangerine Road wildlife linkages RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: The Town of Oro Valley and the Regional Transportation Authority of Pima County (RTA) entered into an Intergovernmental Agreement (IGA) to provide funding in the amount of $2 million for the design of La Cholla Boulevard from Overton Road to Tangerine Road. This IGA was later amended to add $1.8 million to finalize the right-of-way phase. The proposed IGA will provide additional funds in the amount of $93,000 for the design of wildlife features. BACKGROUND OR DETAILED INFORMATION: On April 1, 2015, the Town of Oro Valley approved Resolution No. (R)15-26, authorizing the Intergovernmental Transportation Funding Agreement with the RTA. On January 4, 2017, the Town approved Resolution No. (R)17-01, amending the IGA for additional funding for right-of-way acquisition. On March 23, 2017, the proposed IGA was approved by the RTA Board of Directors in the amount of $93,000 for the design of wildlife linkages. The design will focus on wildlife features and crossings within drainage structures along La Cholla Blvd. between Overton Rd. and Tangerine Rd. The design will include four medium-sized crossings with inlet and outlet treatments to accommodate wildlife and modifying structures to accommodate wildlife, such as skylights and baffles. FISCAL IMPACT: There is no fiscal impact for this IGA. The RTA will provide all of the funding for the There is no fiscal impact for this IGA. The RTA will provide all of the funding for the wildlife linkages design.  The RTA will provide all the funding for the La Cholla Blvd. design and substantive portion for construction. The Town and Pima County will contribute funds for construction with dedicated impact fees, as depicted below. Per the RTA plan, the Town of Oro Valley has committed $800,000 of impact funds to be used towards the construction cost.   The breakdown of total project funding responsibilities is as follows:  RTA - $23,000,000 Pima County - $1,000,000 Oro Valley - $800,000 SUGGESTED MOTION: I MOVE to (approve / deny) Resolution No. (R)17-12, authorizing an Intergovernmental Transportation Funding Agreement between the Regional Transportation Authority of Pima County and the Town of Oro Valley for the design and construction of improvements to La Cholla Boulevard: Overton Road to Tangerine Road wildlife linkages.   Attachments (R)17-12 Wildlife Funding  IGA  Exhibit A  C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@A0317A2B\@BCL@A0317A2B.doc Town of Oro Valley Atty’s Office/sb/072909 RESOLUTION NO. (R)17-12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO LA CHOLLA BLVD: OVERTON ROAD TO TANGERINE ROAD WILDLIFE LINKAGES WHEREAS, pursuant to A.R.S. § 11-951, et seq., the Regional Transportation Authority of Pima County (“Authority”) and the Town of Oro Valley are authorized to enter into intergovernmental agreements for joint and cooperative action; and WHEREAS, the Town is authorized by A.R.S. § 9-240(A)(3) to lay out, maintain, control and manage public roads within the boundaries of the Town; and WHEREAS, the Town desires to enter into an intergovernmental agreement with the Authority to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the project and to address the legal and administrative matters among the parties; and WHEREAS, funding for the Wildlife Linkage design and substantive portion for construction shall be provided by Regional Transportation Authority funds; and WHEREAS,the Town will make available up to $800,000 of impact funds to be used towards the construction cost. WHEREAS, it is in the best interest of the Town of Oro Valley to enter into the Intergovernmental Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, with the Regional Transportation Authority of Pima County in order to set forth the terms and conditions for the design and construction of improvements to La Cholla Blvd: Overton Road and Tangerine Road Wildlife Linkages. THEREFORE, BE IT RESOLVED, by the Mayor and Town Council of the Town of Oro Valley, Arizona that: 1.The Intergovernmental Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, between the Town of Oro Valley and the Regional Transportation Authority of Pima County for the design and construction of improvements to La Cholla Blvd: Overton Road and Tangerine Road Wildlife Linkages is hereby authorized and approved. C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@A0317A2B\@BCL@A0317A2B.doc Town of Oro Valley Attorney’s Office/ca/081110 2.The Mayor and any other administrative officials are hereby authorized to take such steps necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 5 th day ofApril, 2017. TOWN OF ORO VALLEY Dr. Satish I. Hiremath, Mayor ATTEST:APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date Date C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@A0317A2B\@BCL@A0317A2B.doc Town of Oro Valley Attorney’s Office/ca/081110 EXHIBIT “A” RTA IGA Form Rev. April, 2016 1 INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND TOWN OF ORO VALLEY FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO LA CHOLLA BLVD: OVERTON ROAD TO TANGERINE ROAD WILDLIFE LINKAGES This Agreement (hereinafter “the Agreement”) is entered into by and between the Regional Transportation Authority of Pima County (“RTA” or “the Authority”), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and Town of Oro Valley, a body politic and corporate of the State of Arizona (“the Lead Agency”) pursuant to A.R.S. § 11-952. RECITALS A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan (“the Plan”) approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48-5303. C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48-5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. G. The Lead Agency is authorized by A.R.S. § 11-251(4) or A.R.S. § 9-240 (A) (3) to design, maintain, control and manage public roads within the Lead Agency’s jurisdictional boundaries. H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima County empowering the Lead Agency to perform roadway and other improvements outside the Lead Agency’s jurisdictional boundaries. RTA IGA Form Rev. April, 2016 2 I.The Lead Agency, with funding from the Authority, wishes to undertake the design and construction of improvements to the Insert La Cholla Blvd: Overton Road to Tangerine Road Wildlife Linkages (“the Project”). J. The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. K. The Authority intends to fund the Project under the terms and conditions contained in this Agreement and has entered into this Agreement for that purpose. L. It is the policy of the Authority to require that a lead agency be identified and an intergovernmental agreement (IGA) be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. M. Town of Oro Valley has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation including, but not limited to,planning, project management, risk management, design, right of way acquisition and construction, advertisement, award, execution and administration of the design and construction contracts for the Project. The Authority’s role is limited to providing financial support to the Lead Agency for the Project, as described herein. N. The RTA’s Administrative Code will control all payments and other procedures unless otherwise specified herein. O. The Authority and the Lead Agency may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-951, et seq. NOW, THEREFORE,the Town of Oro Valley and Authority, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose.The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project.The Project consists of improvements to La Cholla Blvd from Overton Road to Tangerine Road and incorporating wildlife features, as more fully depicted in the attached Exhibit A, including the following: a) Detailed project scope. b) Project budget and cost breakdown of items eligible for reimbursement by the Authority including any proposed billing of staff time directly attributable to Project. c) Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding available. d) Designation of Project phases, if applicable, and any additional related agreements. e) Estimated construction start date and duration of construction. f) Projected timeline. RTA IGA Form Rev. April, 2016 3 g) Identification of the Lead Agency’s duly authorized representative for signing and submitting payment requests. 3. Effective Date; Term.This Agreement shall become effective upon its execution by both parties, and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. a. The Lead Agency shall be responsible for the design, construction and/or installation of the Project in accordance with this Agreement and all applicable public roadway, traffic signal, and street lighting design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and construction, the Pima County/City of Tucson Standard Specifications for Public Improvements, the Pima County Roadway Design Manual, the Pima County Department of Transportation /City of Tucson Department of Transportation Pavement Marking Design Manual, and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection. b. If consultants or contractors are employed to perform any portion of the Project, the Lead Agency shall be responsible for the contracts for design and construction of the Project and shall select the consultants and contractors to be used on the Project. The Lead Agency shall immediately provide to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating, by ten or more percent, from the Authority’s budget amount for the Project, must be approved by the Authority in advance of those changes being made, regardless of the fact that the Authority will not be paying for them. c. The Lead Agency shall be responsible for all traffic management and public safety, including public notification, during construction of the Project. d. The Lead Agency shall operate and maintain the improvements during and after completion of construction. e. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and amendments executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. f.The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. RTA IGA Form Rev. April, 2016 4 g. Inasmuch as the RTA’s role is limited to Project funding, the Lead Agency agrees, to the fullest extent permitted by Arizona law, to indemnify, defend, and hold harmless the RTA and its Board and officers, from, for, and against, any and all claims, demands, damages, liabilities or penalties, brought by or on behalf of any persons or entities, arising out of the Lead Agency’s activities in performance of its obligations under this Agreement or use of RTA’s resources, as described herein, regardless of how such claims are worded or styled, and regardless of the specific cause of action or type of claim asserted. This subsection shall survive termination of this Agreement. h. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee with respect to insurance policies for general liability, automobile liability and defects in design in all of the Lead Agency’s contracts for the Project. The Lead Agency shall also require its contractors to name the Authority as an additional beneficiary in any performance and payment related assurances posted for the Project. i.Monthly, the Lead Agency shall be responsible for preparing and submitting to the Authority reimbursement requests (invoices). Said requests shall be signed by a duly authorized representative of the Lead Agency and shall include sufficient background information documenting payments made to contractors, vendors or any other eligible costs identified in this Agreement or the RTA’s Administrative Code. The Lead Agency must retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five (5) years after final payment is made unless otherwise specified herein. j.The Lead Agency shall be responsible for submitting a status report describing its progress and adherence to the Project scope, schedule and budget. Progress reports shall be submitted to the RTA monthly. k. The Lead Agency shall adhere to the RTA Administrative Code, including the requirements for a Project Charter (where applicable), a Project Closeout Meeting (Roadway Element Projects) and reimbursement limits. l.Prior to any construction bid solicitation, the Lead Agency shall provide a complete set of Project documents to the RTA, including all plans and specifications, the engineer’s cost estimate, and a listing of all funding sources. The Project may not be advertised prior to written confirmation from the RTA that the Project is compliant with RTA requirements, and that funding is available for the Project. m. All right of way remnants from properties acquired with Project funds shall be disposed of in accordance with RTA Policy. All proceeds from the disposal shall be returned to the RTA for expenditure on RTA eligible expenses. In the event the disposal of the property occurs after the Project is completed, the funds shall be returned to the RTA for reallocation to other projects. This subsection shall survive termination of this Agreement. 5. Responsibilities of Authority. RTA IGA Form Rev. April, 2016 5 a. Upon receipt of reimbursement requests, the Authority shall convey to the Lead Agency RTA funds in the amount specified in the Exhibits, on a reimbursement basis, unless otherwise specified herein. All payments and reimbursements shall follow the policies outlined in the RTA’s Administrative Code. b. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in the Exhibits. c.The RTA staff will review all payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead Agency will be notified of the request for additional information within five business days of the receipt of the invoice by RTA. d. Upon approval of the request byRTA, the invoice will be processed for payment within thirty days of the invoice being accepted as complete. e. RTA shall provide all necessary cooperation and assistance to its fiscal agent to process all payment requests from the Lead Agency. 6. Termination. Either party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other party to this Agreement. 8. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits and the Recitals to this Agreement are incorporated herein by this reference. b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without RTA IGA Form Rev. April, 2016 6 the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. f. This Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. 9. Ownership of Improvements . Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency upon completion of the Project. 10. Legal Jurisdiction.Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. 11. No Joint Venture . It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 12. No Third Party Beneficiaries . Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 13. Compliance with Laws.The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti-Discrimination. Neither party shall discriminate against any employee or client of either party or any other individual in any way because of that person’s age, race, creed, color, religion, sex, sexual orientation, familial status, political affiliation, disability or national origin in the course of carrying out the duties pursuant to this IGA. Both parties shall comply with applicable provisions of Executive Order 75-5, as amended by Executive Order 2009-09 of the Governor of Arizona, which are incorporated into this IGA by reference as if set forth in full herein, including the provisions of A.R.S. § 41-1463. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36, as well as the Genetic Information Nondiscrimination Act of 2008. . c. Workers’ Compensation. An employee of either party shall be deemed to be an “employee” of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. ' 23-1022 and the Arizona Workers’ Compensation laws. The primary employer shall be solely liable for any workers’ compensation benefits, which may accrue. RTA IGA Form Rev. April, 2016 7 Each party shall post a notice pursuant to the provisions of A.R.S. ' 23-906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers’ compensation. 14. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 15. Force Majeure . A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term “uncontrollable forces” shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non- action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 16. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The Authority: Mr. Farhad Moghimi, Executive Director Pima Association of Governments 1 E. Broadway, Ste. 401 Tucson, AZ 85701 Town of Oro Valley: Paul Keesler, CD & PW Director 11000 N. La Cañada Drive Oro Valley, AZ 85737 17. Remedies . Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 18. Counterparts . This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. RTA IGA Form Rev. April, 2016 8 In Witness Whereof, Town of Oro Valley has caused this Agreement to be executed by the Town of Oro Valley, upon resolution of the Mayor and Council attested to by the Town Clerk, and the Authority has caused this Agreement to be executed by its Chair of the Board. REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY __________________________________ ________________ Tom Murphy, Board Chair Date Town of Oro Valley: ___________________________________________________ Dr. Satish I. Hiremath, Mayor Date ATTEST: ______ ____________________________ Michael Standish, Town Clerk Date The foregoing Agreement between Town of Oro Valley and the Authority has been approved as to content and is hereby recommended by the undersigned. ___________________________________________________________ Mr. Farhad Moghimi, Executive Director Daniel Sharp, Interim Town Manager ATTORNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation Authority of Pima County and Town of Oro Valley has been reviewed pursuant to A.R.S. Section 11-952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Regional Transportation Authority of Pima County: ____________________________________________ Thomas Benavidez, Attorney for the Authority Date Town of Oro Valley: _____________ Tobin Sidles, Legal Services Director Date Regional Transportation Authority of Pima County Date: Exhibit: A Item: 1 RTA Resolution: 2017 ‐  1. TIP Project Number:27.16 RTA Ballot: 42 RTA Project ID: 42_t 2. Sponsor: 3. III 4. RTA Plan Sub‐Element (If Applicable): Wildlife Linkages 5. Project Name: 6. Work Phase(s) Covered by the Exhibit: Studies:‐$                 Planning/Design:93,000$           Right of Way:‐$                 Construction:‐$                 Operations:‐$                 Total:93,000$           7. Project Manager Information (person responsible for Status Reports): Name: Mailing Address City, ST Zipcode 85737 Telephone Number: Email Address: 8. Authorized Representative(s) (will sign & submit pay requests): Name: Mailing Address City, ST Zipcode 85737 Telephone Number: Email Address: Name: Mailing Address City, ST Zipcode 85737 Telephone Number: Email Address: 9. 10. 11. March 14, 2017 (520) 229‐4871 Jose Rodriguez 11000 N. La Cañada Drive 11000 N. La Cañada Drive Cheryl Huelle AZ chuelle@orovalleyaz.gov Economic & Environmental Vitality Total maximum amount of Authority funding  allowed for the Project or Project  Component, under this Exhibit:93,000$                                             jrodriguez@orovalleyaz.gov Aimee Ramsey 11000 N La Cañada Drive RTA Plan Element: Oro Valley La Cholla Blvd: Overton to Tangerine Wildlife Linkages Oro Valley AZ Oro Valley AZ Oro Valley (520) 229‐4872 93,000$                                             Wildlife linkages: La Cholla Blvd, from Overton to Tangerine (520) 229‐4874 Aramsey@orovalleyaz.gov Narrative Description of Project Scope, including improvements to be made and project intent (discuss how project will address problematic areas): Total maximum Authorized RTA funding for the Project, or Project 1 of 2 Regional Transportation Authority of Pima County Date: Exhibit: A Item: 1 RTA Resolution: 2017 ‐  March 14, 2017 12.Project Budget by Funding Source & Phase: RTA Non‐RTA Total Study (DCR/Wildlife Linkages/Value Analysis)= ‐$                  ‐$                  ‐$                    Planning/Design = 93,000$           ‐$                 93,000$              Right of Way = ‐$                 ‐$                  ‐$                   Construction = ‐$                 ‐$                  ‐$                   Operations (Transit) = ‐$                 ‐$                  ‐$                   Total = 93,000$           ‐$                 93,000$              13.Project Budget by Funding Source, this exhibit: RTA Non‐RTA Total Study (DCR/Wildlife Linkage/Value Analysis)=‐$                 ‐$                   Planning/Design = 93,000$         93,000$             Right of Way = ‐$                 ‐$                   Construction = ‐$                 ‐$                   Operations (Transit) = ‐$                   Total = 93,000$           ‐$                 93,000$              14.Funding Sources (current year dollars): Project  Resources as  outlined in  the Ballot/TIP Resources  Committed  (Includes this  request) Remaining  Resource  Budget RTA 93,000$           STP ‐$                 ‐$                  12.6% Funds ‐$                   2.6% Funds ‐$                 ‐$                  ‐$                   Impact Fees ‐$                 ‐$                  ‐$                   Pima County Local ‐$                 ‐$                   Town of Marana Local ‐$                 ‐$                   Fare Box Revenue ‐$                 ‐$                  ‐$                   FTA Funds ‐$                 ‐$                  ‐$                   Pima County Project Expenses ‐$                  Total Funding Sources:‐$                93,000$           15.Estimated completion date of work funded by this IGA:07/31/17 Duration of work covered by this funding request: 03/05/2017 ‐ 07/31/17 g j,j component to‐date, including this exhibit.  (If this is an  amendment to an existing contract, please give the requested  amended total. 2 of 2    Town Council Regular Session Item # E. Meeting Date:04/05/2017   Requested by: Bayer Vella  Submitted By:Michael Spaeth, Community Development & Public Works Department:Community Development & Public Works Information SUBJECT: Request for approval regarding an amended Final Plat for a proposed no-build area trade on Stone Canyon Lot 227, located in Stone Canyon Neighborhood II, north of Tortolita Mountain Circle, approximately one-half mile west of Rancho Vistoso Boulevard RECOMMENDATION: Staff recommends approval subject to the conditions listed in Attachment 1. EXECUTIVE SUMMARY: The applicant's request (Attachment 2) is to amend the Stone Canyon II Final Plat (Attachment 3) for a proposed "no-build" area trade on Stone Canyon Lot 227, located north of Tortolita Mountain Circle approximately 1/2-mile west of Rancho Vistoso Boulevard (Attachment 4). The proposed trade is to gain an approximate 800 sq. ft. area to facilitate the development of an addition to the existing home. The affected area contains minor rocks (less than 3 feet in height) which do not meet the Rancho Vistoso criteria for significant rock outcrops. The proposed addition will increase the gradable area to approximately 17,547 sq. ft., well below the maximum grading limit of 20,000 sq. ft. In exchange, the trade will establish approximately 3,059 sq. ft. of new "no-build" area which contains two significant saguaro's and additional mature native vegetation. The applicant's request is consistent with the Stone Canyon Neighborhood II Final Plat and all applicable Rancho Vistoso and Zoning Code requirements. Furthermore, the trade results in greater environmental resource conservation. BACKGROUND OR DETAILED INFORMATION: Current Site Conditions  Current Site Conditions  Subject property encompasses 64,022 sq. ft. (approximately 1.5 acres) Existing single-family residence with a building envelop encompasses approximately 16,000 sq. ft. Approvals to Date  1999: Stone Canyon Neighborhood II Final Plat approved 2007: Building permit issued for single-family residence Applicant request The purpose of this request is to facilitate the construction of an addition to the existing single-family residence. The site is characterized by a significant rock outcrop on the northwest portion of the site (Attachment 5). As such, the Stone Canyon Neighborhood II Final Plat established a "no-build" area on Lot 227 which encompasses approximately 25,827 sq. ft. The proposed trade is summarized in the table below:     Total Area Area of trade Characteristics Existing “no-build” area 25,827 sq. ft.800 sq. ft.Non-regulated boulders (less than 3 feet) Proposed “no-build” area 28,086 sq. ft.3,059 sq. ft.Two significant Saguaro’s + additional mature native vegetation The proposed trade does not impact the existing significant rock outcrop, and results in greater environmental resource conservation. Additionally, the Final Plat established maximum grading limits (20,000 sq. ft.) for all lots within the subdivision. The applicant's request will increase the graded area to 17,547 sq. ft., well below the permitted grading limit.  The proposal meets all applicable zoning requirements. Several "housekeeping" conditions have been included in Attachment 1. FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve the Final Plat Amendment for the proposed no-build area trade, subject to the conditions listed in Attachment 1, based on a finding the request is in conformance with approved Final Plat and all applicable Zoning Code requirements. OR I MOVE to deny the Final Plat Amendment for the proposed no-build area trade, based on a finding that ________________________. Attachments ATTACHMENT 1 - CONDITIONS OF APPROVAL  ATTACHMENT 2 - APPLICANT REQUEST  ATTACHMENT 3 - STONE CANYON NEIGHBORHOOD II FINAL PLAT  ATTACHMENT 4 - LOCATION MAP  ATTACHMENT 5 - TOPOGRAPHY MAP  ATTACHMENT 1 FINAL PLAT AMENDMENT STONE CANYON LOT 227 CONDITIONS OF APPROVAL Engineering Conditions 1. Address all formatting comments in Engineering letter dated February 10, 2017. 2. Provide a legal description and associated 8-1/2” x 11” exhibit for each of the above area boundaries. Legal descriptions are to be sealed and signed by the registered surveyor performing and/or supervising the work. 1 2 4 5 6 3 Looyenga Work Out StudioLot 227, Stone Canyon1596 West Rock Range PlaceOro Valley, Arizona 85755Job No. 16-38Site Plan Scale: 1/20" = 1'-0" GRADING CALCULATIONS TOTAL SITE AREA EXISTING GRADED AREA PROPOSED ADDITIONAL GRADING AREA TOTAL GRADED AREA (ALLOWABLE GRADED AREA: 20,000 S.F.) THEREFORE PROPOSED GRADED AREA: 17,574 S.F. <20,000 S.F. GRADING IN 25% SLOPE AREA PROPOSED IN SLOPES >25% (ALLOWABLE GRADED AREA IN SLOPE >25%: 2,000 S.F.) THEREFORE PROPOSED AREA: 240 S.F. <2,000 S.F. "NO-BUILD" AREA TRADE EXISTING "NO-BUILD" AREA AREA PROPOSED TO BE REMOVED AREA PROPOSED TO BE ADDED PROPOSED TOTAL "NO-BUILD" AREA 64,022 S.F. 16,747 S.F. 800 S.F. 17,547 S.F. 240 S.F. 25,827 S.F. 800 S.F. 3,059 S.F. 28,086 S.F. (40.3% of site) (43.9% of site) ADDRESS: LEGAL DESCRIPTION: CODE CHECK: U1 GARAGE R3 SINGLE FAMILY RESIDENCE ANDOCCUPANCY GROUP: TYPE OF CONSTRUCTION:VN MASONRY WALLS AND WOOD ROOF URBAN ZONE:ORO VALLEY PAD MINIMUM SETBACKS: STONE CANYON II MINIMUM SETBACKS: ORO VALLEY 8'SIDE YARD SIDE YARD REAR YARD FRONT YARD 30' 20' 40' FRONT YARD REAR YARD 25' 25' 1596 WEST ROCK RANGE PLACE ORO VALLEY, ARIZONA 85737 TAX CODE #219-06-1080 LOT 227 OF THE STONE CANYON CLUB AS RECORDED I BOOK 53 OF MAPS AND PLATS AT PAGE 48 IN PIMA COUNTY RECORDER'S OFFICE, TUCSON, ARIZONA. SITE DEVELOPMENT CALCULATIONS All current zoning codes and restrictions as adopted by thed. the premises and dispose of in a proper manner. remove all its rubbish and debris from the job site and about at the completion of each day of work, the contractor shall materials and/or rubbish caused by its employees or work keep the premises free from accumulation of waste All contractors, regardless of discipline, shall at all times use from rain, water, frost, theft, vandalism, loss or plant, equipment and other appliances for the contractor's materials on the site, all adjacent property and all tools, construction shall protect all unfinished work and all All contractors, regardless of discipline during the course of penalties, damages or legal actions for breach of this indemnify and save the Owner harmless against all claims, all laws and ordinances referring to such work and shall the work in a safe and proper manner so as to comply with All contractors, regardless of discipline, agree to perform Do not scale dimensions. If clarification is required, consult disposal of wastes, hazardous or otherwise. All Federal, State, and Local Guidelines for the proper damage. provision. the Architect. governing governmental body. 7. 6. 4. e. All applicable Occupational Safety and Health Administration All applicable national fire protection association regulations 2003 International Residential Code as amended by the All contractors, regardless of discipline, shall fully comply performing, either residential or commercial. license shall be consistent with the type of work they are scope of work for which they are contracted. The contractor's bonded and insured by the State of Arizona, to perform the All contractors, regardless of discipline, shall be licensed, shall be responsible for strict compliance with the full body whole body of work. All contractors, regardless of discipline the Contract Documents shall be interpreted as a singular Supplemental Conditions and related documents issued as All Drawings, Details, Specifications, Contracts, General and regulations and guidelines. and guidelines. governing governmental body. with the following codes and regulations: of the Contract Documents. c. b. 3 a. 2. 1. 1.Site information shown on these plans was obtained from a topographic Major vegetation and Saguaros shall be protected from damage during construction or shall be removed or relocated. 4. construction and excavation, to assure availability of utility services. for The Stone Canyon Club Architectural Review Committee Review. and Architect. Contractor shall comply with staking requirements 3. Call bluestake prior to excavation. Contractor shall verify exact location of residence at site with owner 2. survey provided by Arrow Land Survey, 3121 E. Kleindale Road, Tucson, Contractor shall verify exact location of all utility stubs prior to Arizona 85716 (520) 881-2155. to the delineated grading area and fenced driveway location. All construction activities including employee parking shall be confined5. original natural condition. drainage away from the structure including but not limited to Unimproved disturbed areas resulting from operations on this lot shall stated by the Town of Oro Valley Zoning Code. All utility trenches shall be revegetated with native plants to restore them to their Excess soil generated from earthwork operations shall be removed from the site and lawfully disposed of or, if allowed and approved by the town engineer, site material may be placed so as to become Cut and fill slope treatment shall be in compliance with the requirements of the accepted geotechnical engineering investigation Excess soil material generated from the earthwork operations shall The Contractor is responsible for assuring proper and adequate Elevation of finish pad shall be certified by a registered land surveyor prior to pouring foundations. A copy of the certification must be approved by the Oro Valley Building Safety Department Prior to any building finals, a final grading inspection must be obtained from the Town of Oro Valley. Call the Oro Valley Building Safety Department at 229-4800 for a final grading inspection at residence, pool, spa, patios and driveway. least 24 (twenty-four) hours in advance. prior to calling for building inspections. areas designated as 100 year flood plain area. Hillside Development Regulations of the Town of Oro Valley. an integral part of the site development, all in accordance with the of the Town of Oro Valley revegetation requirements. not be disposed of by pushing or placing said material into the 7. 6. 4. 5. 3. be restored to their natural state by utilizing drought vegetation as 2. 1. G1 SITE NOTES ORO VALLEY GENERAL NOTES SITE PLAN KEYNOTES 1.PROPOSED ADDITION. 2.NEW CONCRETE STOOP. 3.EXISTING RESIDENCE & SITE IMPROVEMENTS. 4.  ‘&8/9(57681'(51(:$'',7,21 5.EXISTING UTILITY YARD. 6.PROTECT EXISTING DRIVEWAY. GENERAL NOTES LOCATION MAP STONE CANYON LOT 227 (OV1700026) Attachment 4 TOPOGRAPHY MAP STONE CANYON LOT 227 (OV1700026) Attachment 5    Town Council Regular Session Item # 1. Meeting Date:04/05/2017   Requested by: Bayer Vella  Submitted By:Elisa Hamblin, Community Development & Public Works Department:Community Development & Public Works Information SUBJECT: RESOLUTION NO. (R)17-13, ADOPTING THE ORO VALLEY MAIN STREETS CONCEPT PLAN RECOMMENDATION: The Planning and Zoning Commission recommended adoption of the Oro Valley Main Streets Concept Plan at their regular meeting held on March 7, 2017. EXECUTIVE SUMMARY: The purpose of this agenda item is to review the Oro Valley Main Streets Concept Plan (Attachment 2) and request Town Council adoption. Action by the Town Council signals approval of the work that has been completed to date and that further more detailed planning can commence. It is anticipated project staff will return to the Town Council during future phases of work to allow for continued assessment and action.  The Oro Valley Main Streets project was launched in 2016 and is designed to proactively and pragmatically:  Fulfill the community desire for a town center or downtown Be a joint effort in economic development and community planning Increase Oro Valley's character and appeal, especially attracting skilled professionals Address expected growth pressures as the community approaches build-out Ensure anticipated redevelopment achieves a vision set by Oro Valley Build public/private partnerships with willing private property owners Include locations that have residential choices as well as civic, retail and recreation assets. The selected Main Streets locations at La Cañada Drive/Lambert Lane and Oracle Road/1st Avenue fit these characteristics. We are now at the end of Phase One where a high-level vision, or Concept Plan has been completed. To date, community feedback has been markedly positive and the Planning & Zoning Commission has recommended approval. However, much work to bring the Main Streets ideas to fruition remains. Phase Two will focus on the creation of a detailed Improvement Plan. Phase Three will continue with implementation. BACKGROUND OR DETAILED INFORMATION: The Main Streets Project The Oro Valley Main Streets project was launched in 2016 under the direction of numerous Town plans, including the newly voter-ratified Your Voice, Our Future  General Plan. This project has also been directed by the Town Council in the 2013, 2015 and 2017 Strategic Plans. Creating a town center or downtown has long been a topic of discussion in Oro Valley. Residents were surveyed in 2013 at the start of the Your Voice Project. The thing they enjoyed least about Oro Valley was the distance to or lack of services. Comments included: “a lack of services, stores and amenities,” “doesn’t have a real downtown,” and “there’s no central location to meet people.” Residents also stressed the need for employment opportunities, shopping opportunities and festivals or cultural events. This resident direction was ratified through the goals and policies of the  Your Voice Plan. Main Streets will now help realize the community desire for a “place to go” that serves as the heart of the town. The Main Streets project brings together the long-range planning efforts from the Your Voice  Plan and current efforts of the Town's economic development programs.This project is integral to future economic development. To generate employment growth, the Town needs to be an attractive place for businesses and their workforce. National trends show that highly-skilled workers are just as interested in job location and local amenities as the job itself. Oro Valley Main Streets will be the places where food, art, culture, shopping, community and identity come together. Investments in Main Streets will attract new workers and bring economic vitality. Currently, Oro Valley has very few opportunities for development remaining. Most large parcels of land within the Town limits have either been built-out or have development plans in place. As Oro Valley approaches complete build-out there will be pressure for infill development. This may be a few years away, but planning for redevelopment and infill now ensures the desired community vision is in place when redevelopment becomes a reality. Many property and business owners recognize this is on the horizon and have demonstrated a desire to jointly plan with the Town at this time. The Concept Plan As a first step in the multi-year Oro Valley Main Streets project, Phase One includes the creation of a Concept Plan. Early work in Phase One included stakeholder interviews and community visioning. Focus groups and a community workshop then set directions for ideas which were included in the Concept Plan.   The Concept Plan lays out a series of topics for consideration. It also includes an introduction to the project as well as preliminary ideas regarding how this concept is achievable. The two Main Streets areas include the Oracle Road/1st Avenue and La Cañada Drive/Lambert Lane areas. These areas were identified because they currently serve as centers of activity in the community, are close to diverse residential options and offer numerous civic, retail and recreational assets.   The Concept Plan and the topics contained therein are directed by the Vision Statement:  Oro Valley’s unique Main Streets serve as the center of the town and reflect the community character. People come from near and far to walk arounds, check out local shops and grab a bite to eat. Visitors can meet locals, bring friends and share with family. Main Streets are inviting, walkable and vibrant and offer recreation, commercial, entertainment and cultural activity.    This Vision Statement, as well as early feedback led to the use of three over-arching themes which are supported by a series of goals and focus areas. Each of these is described in detail in the Concept Plan and accompanied by pictures and graphics.   Theme: OV Destinations  Goals: Design unique places; encourage local activity, build welcoming spaces To achieve the goals, focus on: Architecture and site design; economic development, arts and culture; gathering and social activity Theme: Walk-Bike-Ride  Goals: Promote active lifestyles; give people options; create connected systems To achieve these goals, focus on: Complete streets; activity and play; transit connections; parking concepts Theme: Delight in Nature  Goals: Integrate nature; treasure the views; love the wash To achieve these goals, focus on: Thoughtful design; outdoor spaces; green network The Concept Plan concludes with the Concept Plan Map. This map is a big picture view of Main Streets and shows how the themes of OV Destinations, Walk-Bike-Ride and Delight in Nature come together to create a complete picture of Oro Valley’s heart.   Community Outreach Over the last several months the Concept Plan has been used as a tool for public conversations and feedback, which includes online surveys, engagement on social media and the “Walk the Block” public event. Responses have varied, but the majority of comments have been positive or curious in nature. People are generally excited about the Main Streets idea, but interested about specifics and what needs to be done to make it happen.   An online survey was available from November 16, 2016 to February 12, 2017, and was publicized through the Town’s website, print media and the Oro Valley Main Streets Facebook page. A total of 79 people responded to three open-ended questions regarding the Concept Plan. Responses fall roughly in the following categories:  Positive comments (in no particular order)  Finally something to do and go to in Oro Valley (especially for kids) Walk-bike-ride and pedestrian friendly area Identity of Oro Valley as its own growing community 1. Negative comments (in no particular order)  Locations are already built up 2. Locations are already built up Concerns over parking and circulation Taxes should not pay for this Questions  How parking and traffic will be impacted or handled How the ideas will be financed or improvements made Why the Oro Valley Marketplace isn’t being considered 3. Specific ideas, such as splash pads should be included or residents should be involved 4. The Oro Valley Main Streets Facebook page was launched in December 2016 and has served as a very useful tool to share information and engage community members. Project staff have posted information about the project, local businesses, the Concept Plan and the Walk the Block event. Especially important information has also been published to the Town of Oro Valley’s main Facebook page.   People have actively engaged in asking questions and learning more about Main Streets. Over the course of the last 3+ months an increasing number of people are now following along – 660 fans “like” the Oro Valley Main Streets Facebook page. Of those, 58% are under the age of 55. This is traditionally a very difficult age group to engage in Town projects.   One of the major benefits of the Facebook page has been the ability to publicize the Walk the Block event. Originally 269 people expressed interest in attending the event through Facebook. Project staff anticipated roughly 200 people may attend. In reality between 350-400 people attended. This included a broad cross-section of the community from kids to seniors.   The Walk the Block event included five stations where participants could learn more about the project, leave their feedback, vote on different options and get fun giveaways. At each station participants were asked for their opinions on architecture, public art, sidewalks, transportation options and crosswalks. The results are illustrated in Attachment 3. People were very positive and responses demonstrated an eagerness to try something new in Oro Valley. For instance, “modern southwest” was the most desired architecture and people expressed a strong preference for places to walk around.   Summary The feedback received to date has been very helpful in understanding concerns, questions and ideas related to Oro Valley Main Streets. Comments have been positive but, many community members are curious about specifics and what happens next. Most, if not all, of these types of specifics will be addressed during the next phase of the project. As such, no substantive changes have been included in the final Concept Plan which is before the Town Council. Ultimately, for the project to be successful more detailed work will need to be completed with the continued participation of the community.   Next Steps The Main Streets Project has been divided into three phases of work:  Concept Plan (2016-2017) provides a high-level vision and direction for detailed work 1. Improvement Plan (2017-2018) includes detailed designs, partnerships, regulatory changes and development scenarios to make Main Streets a reality.  2. Implementation (2018 onward) action over many years to help achieve the desired result through public-private partnerships and various funding tools 3. A considerable amount of work has laid the foundation for the Main Streets project. The Concept Plan is intended to provide a structure for continued community conversations and directions for future detailed planning. There is more work to be done to build a comprehensive and forward-thinking plan for creating a “heart” in Oro Valley. The Planning and Zoning Commission was briefed several times on the progress of the Main Streets project over the last year and recommended adoption of the Concept Plan at their regular meeting on March 7, 2017. Meeting minutes can be viewed as Attachment 4.  Adoption of the Concept Plan by the Town Council will signal readiness for more detailed planning to commence in Phase 2.   In the next phase an improvement plan will be created, which will serve as a detailed blueprint for making Main Streets a reality. It will include tools for implementation such as economic development initiatives, funding methods, new regulations and public/private partnerships. In addition to the tools, the improvement plan will include specific designs and improvements that are desired. All this work will include the incorporation of community desires and ideas as the project progresses. It is anticipated project staff will return to the Town Council during future phases of work to allow for continued assessment and action. Implementation will ultimately take place over a number of years, potentially beginning in 2019 or 2020. FISCAL IMPACT: At this juncture, the Oro Valley Main Streets Concept Plan does not have an immediate fiscal impact. As a result of this plan's adoption, more detailed planning will begin. This will include in-depth analysis of costs and fiscal considerations. SUGGESTED MOTION: I MOVE to APPROVE Resolution No. (R)17-13, adopting the Oro Valley Main Streets Concept Plan and initiate more detailed project work. OR I MOVE to DENY Resolution No. (R)17-13, adopting the Oro Valley Main Streets Concept Plan, finding that ________. Attachments (R)17-13 Main Streets  02_Oro Valley Main Streets Concept Plan  03_Event Results  04_Draft Minutes Planning and Zoning Commision 03-07-17  RESOLUTION NO. (R)17-13 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING THE MAIN STREETS CONCEPT PLAN AND INITIATE MORE DETAILED PROJECT WORK WHEREAS, The Main Streets Concept Plan contemplates two areas which include: Oracle Road/1st Avenue and La Canada Drive/Lambert Lane area. WHEREAS, The Main Streets Project includes three phases with Phase One, the Concept Plan, nearing completion; and WHEREAS, Phase Two will focus on the development of an Improvement Plan and Phase Three will continue with the implementation of the Plan; and WHEREAS, the Oro Valley Town Council will have future opportunity for consideration of the results from upcoming work; and WHEREAS, On March 7, 2017, at a duly noticed meeting, the Planning and Zoning Commission recommended adoption of the Oro Valley Main Streets Concept Plan; and WHEREAS,the Oro Valley Town Council has duly considered the Planning and Zoning Commission’s recommendations at a Public Hearing and find that it is in the best interest of the Town to Adopt the Oro Valley Main Streets Concept Plan. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley that: SECTION 1.The Mayor and Council hereby Adopts the Oro Valley Main Streets Concept Plan, attached hereto as Exhibit “A” and incorporated herein by reference; and directs Staff to continue with the process. SECTION 2.If any section, sub-section, sentence, clause, word or phrase of this Resolution is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portions of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 5 th day of April, 2017. TOWN OF ORO VALLEY Dr. Satish I. Hiremath, Mayor ATTEST:APPROVED AS TO FORM : _______ Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: _____________ EXHIBIT “A” TOWN OF ORO VALLEY CONCEPT PLAN SPRING 2017 1 WHAT IT’S ALL ABOUT Oro Valley Main Streets is a Town project to create areas for gathering, dining and shopping that serve as a town center. These walkable and unique areas will enhance the lifestyle and economy. For these reasons, the Town Council initiated the project. The planning process will take about two years. The desires of Oro Valley residents have evolved over the years. When residents were surveyed in 2013, the thing they enjoyed least about Oro Valley was the distance to or lack of services. Comments included: “a lack of services, stores and amenities,” “doesn’t have a real downtown,” and “there’s no central location to meet people.” Residents also stressed the need for employment opportunities, shopping opportunities and festivals or cultural events. Main Streets will help realize the community desire for a “place to go” that serves as the heart of the town. This Concept Plan illustrates a possible future and is a first step for the project. The Plan envisions multiple Main Streets in Oro Valley, starting with two locations. These areas were chosen because they already act as centers of activity and are close to diverse residential choices as well as many civic, recreational and retail assets. Each Main Street has a different character. La Cañada Drive and Lambert Lane: • A local community destination. • Town-focused recreational amenities. • Local restaurants and shopping. Oracle Road and 1st Avenue: • A regional destination. • Large-scale shopping. • Nearby regional attractions. • A major state road - people come from all over. HOW TO MAKE IT HAPPEN Have you felt skeptical and wondered “Aren’t these areas already built out?” or “Is it possible to change the streets or parking areas?” or “Why do we even need to plan for this?” Check out the ideas below on how to make Main Streets a reality. CREATIVITY IN DESIGN Although both Main Streets locations are mostly developed, surprisingly about 85% of the land is dedicated to parking and circulation. Thinking imaginatively about the existing layout makes room for new services, shopping and attractions. For instance, creative parking options, along with better transit and bike connections would reduce the need for parking. Other communities have seen similar growth and change in recent years. Some have retrofitted underutilized shopping centers, redesigned strip malls and even put their large roads on a “diet.” Although we can look to other communities, a unique package of tools will need to be created specifically for Oro Valley. PUBLIC/PRIVATE PARTNERSHIPS For Main Streets to be successful, the Town of Oro Valley will need to seek out private partners. In public/private partnerships, the Town, businesses and developers share their skills and assets. They work together to deliver something of use for the general public. Through joint effort success becomes more attainable. For instance, the Town of Oro Valley could incentivize development improvements and public amenities by creating opportunities in the zoning code. The Town could allow more intense development on a site than previously permitted, increasing its value. A private developer could then build new buildings, while also putting in place desirable improvements. The Town could also provide revenue subsidies. FINANCING ACTION Although many years off, research has already begun on best ways to finance improvements related to Main Streets. Aside from public/private partnerships, other means include regional bonds and Town capital improvement programs that change road and parking infrastructure. Options will be refined in the Improvement Plan (see page 15). ECONOMIC DEVELOPMENT Lastly, Oro Valley Main Streets is integral to future economic development. To generate employment growth, the Town needs to be an attractive place for businesses and their workforce. National trends show that highly-skilled workers are just as interested in job location and local amenities as the job itself. Oro Valley Main Streets are where food, art, culture, shopping, community and identity come together. Investments in Main Streets will attract new workers and bring economic vitality. Oro Valley Main Street locations 2 Artistic concept of a new interior street at the Oracle / 1st Main Street. WHAT’S IN THE CONCEPT PLAN? Using the Vision Statement as the high level guidance, this Concept Plan presents three core themes, which are each supported by goals. These themes and goals are explained through different focus areas. The pieces all work together and are visually represented as a complete idea on the Concept Plan Map. VISION Oro Valley’s unique Main Streets serve as the center of the town and reflect the community character. People come from near and far to walk around, check out local shops and grab a bite to eat. Visitors can meet locals, bring friends and share with family. Main Streets are inviting, walkable and vibrant and offer recreation, commercial, entertainment and cultural activity. We imagine Oro Valley Main Streets...ThemesGoalsFocus AreasWe can achieve the Vision by embracing 3 Themes All Themes are then illustrated together... OV DESTINATIONS (p. 3-6) Main Streets are destinations that pull people in. They are attractive, well- designed and bustling with activity. Events, business opportunities, venues and gathering places create an energy. People go there because of the distinctive things to do. Design unique places Encourage local activity Build welcoming spaces • Architecture and site design • Economic development • Arts and culture • Gathering and social activity WALK-BIKE-RIDE (p. 7-8) Main Streets are destinations that allow all kinds of people to get around by walking, biking and riding transit. These are hubs for physical activity. They are connected to nearby neighborhoods and the larger community. Promote active lifestyles Give people options Create connected systems • Complete streets • Activity and play • Transit connections • Parking concepts DELIGHT IN NATURE (p. 9-10) Main Streets are destinations that celebrate the Sonoran Desert, including views, wildlife, native plants and natural systems. Through innovative design, they create a pleasant experience centered on the natural environment. Integrate nature Treasure the views Love the wash • Thoughtful design • Outdoor spaces • Green network THE CONCEPT MAP (p. 11-14) The Concept Map is a big-picture view of Main Streets. It shows how the ideas of OV Destinations, Walk-Bike-Ride and Delight in Nature come together to create a complete picture of Oro Valley’s heart. 3 Artistic concept of a newly redesigned La Cañada Drive. OV Destinations THEME: OV DESTINATIONS GOALS Design unique places Encourage local activity Build welcoming spaces Oro Valley residents feel connected with their community and speak highly of the neighborly feel. Community members may run into a friend or acquaintance while on a walk, browsing the Farmers Market or at a community event. However, there is currently no central destination in Oro Valley that is the “place to go.” Main Streets are successful because they are destinations that pull people in. They are not only attractive and well-designed, but also bustling with activity. Events, business opportunities, venues and gathering places create an energy. People go there because the things to do are unique and not found elsewhere in Oro Valley or the Tucson region. OV DESTINATIONS CONCEPT MAP 4 A potential idea for the Oracle / 1st Main Street. This destination has a regional feel which is supported by an abundance of new development dispersed throughout a large area. New buildings are sited in a way which creates new internal roadways, green space and ample parking in shopping areas. Modern Southwest streetscape. Gilbert Road, Gilbert, AZ Imagine a downtown that you have visited that has left a lasting impression on you. Maybe it was a small town with a traditional main street, or a newer community with a modern center. Why did you like this place? The architecture and design are likely key to your memorable experience. Oro Valley Main Streets include unique architecture that is fitting to the place. Reflecting community desires for a fresh style, buildings are designed in a variety of modern Southwest themes and include materials such as stone, adobe, brick, metal, wood and glass. Common styles, vibrant colors and playful elements are used to create a sense of place and cohesion. Additionally, the buildings are relatable to the pedestrian and encourage walking around and socializing. Building details include pleasant outdoor lighting, windows which encourage browsing, spots for resting and covered walkways and awnings for shade. Well-designed buildings are connected together with the site as a whole. There is a cohesive layout that facilitates pedestrian activity, vibrancy and a sense of place. These standards apply to all buildings, even if part of different developments. Some examples of this include: • Connected sidewalks and pedestrian areas between buildings. • Consistent elements such as lighting, signs and landscaping that relate together. • Equally spaced amenities for all users, such as bike racks and benches. • Four-sided architecture that is unique and attractive from every viewpoint. • Attractive parking areas that are screened and situated in areas away from pedestrian activity. • Buildings brought close to the street, which connect public and private spaces and create a sense of place. A potential idea for the La Cañada / Lambert Main Street. This destination has a local feel which is supported by new park and gathering spaces. New buildings are creatively placed in conjunction with existing buildings to maximize access and the overall attractiveness. Pedestrian improvements and walkability are key to the success of this Main Street. FOCUS AREA: ARCHITECTURE AND SITE DESIGN Unique architecture and use of materials. Casas Adobes Plaza, Pima County, AZ MAP KEY 5 FOCUS AREA: ECONOMIC DEVELOPMENT As special destinations, Main Streets offer economic vibrancy that is unique in Oro Valley. Main Streets attract diverse patrons and activity which sustains businesses. New businesses will want to locate in these areas because of the activity. Some of the ways this economic vibrancy is achieved is through: • Shared identity and branding, used on promotional materials, signage, lighting and other prominent features. • Business districts, operating as coordinated entities that organize events, improvements, maintenance, etc. • Shared events, drawing users to the area, such as First Fridays, Second Saturdays or Meet Me at Maynard’s type gatherings. • Local business activities and events, which are coordinated with civic-sponsored events, such as holiday parades, 5K runs, etc. The success of Main Streets is directly tied to the overall success and continued economic health of the whole Oro Valley community. Recent national trends have shown that younger people first choose a community they want to live in, then begin the job search. Main Streets make Oro Valley more attractive and therefore more competitive in the future job market. Additionally, Main Streets strengthens the Town’s sales tax base. FOCUS AREA: ARTS AND CULTURE Oro Valley has long held a community focus on public art. This Concept Plan envisions Main Streets that continue that tradition and celebrate public art. Expectations for public art installations go above and beyond the requirements for other parts of Oro Valley. Art is used to create a sense of arrival and a unique identity. Public and private art installations are placed prominently throughout Main Streets. Other arts and culture elements are also integrated throughout Main Streets. Arts and culture is included in buildings, integrated into the design of public spaces and supported through business activity. Examples of this include: • Attractions, such as museums and historic sites. • Arts-related businesses, such as galleries and studios. • Performance areas, both indoor and outdoor, ranging in size. • Public art, which is sometimes large and monumental, other times interactive and fun. • Ornamental signs and street elements. Downtown shared signage. Chandler, AZ Hymn of Life Tulips - Yayoi Kusama. Beverly Hills, CA Outdoor amphitheater. Springs Preserve, Las Vegas, NV Shared special event. South Jordan, UT 6 Shaded outdoor restaurant seating. Casas Adobes Plaza, Pima County, AZ Social seating options. Philadelphia, PA Artistic concept of an inviting plaza and wide sidewalk of a Main Street. FOCUS AREA: GATHERING AND SOCIAL ACTIVITY People are drawn to places with other people. Unfortunately, the kind of places where people can come together are hard to come by in Oro Valley. Many of the community’s shopping options and outdoor dining areas are convenient for the automobile user, but don’t create quality gathering places for people. This Concept Plan envisions Main Streets that are welcoming and vibrant, with options for gathering and socializing. Diverse gathering spaces, businesses and events offer engaging options for all visitors. This creates activity throughout the day and especially on weekends. Main Streets gathering spaces offer opportunities for rest, reflection, play and social interaction. All gathering spaces offer a mixture of amenities for those who desire different experiences, by including: • Diverse styles of landscape and design; some spaces are traditional and formal while others are fun and informal. • Cultural amenities, such as public art and outdoor performance areas. • Family-friendly features, like play areas and educational elements. • A comfortable, relaxing experience, with views of nature, lots of seating options, shade, signs and native vegetation. • Centralized activity, accentuated by surrounding outdoor dining areas and patios. Shops, restaurants and other businesses attract all community members to the area. For children, there is a toy store and the Children’s Museum. For teens, there is a smoothie shop and clothing stores. For adults, there is a book store, a bike shop and local restaurants. When located together, these businesses create an attractive destination with something for everyone. Main Streets also host many different public and private events. This includes everything from book readings at the local book shop to outdoor concerts. These events are coordinated, well-planned and managed in a way that provide benefits to businesses and visitors alike. Outdoor amphitheater. Springs Preserve, Las Vegas, NV 7 Artistic concept of a new interior street at the Oracle / 1st Main Street THEME: WALK-BIKE-RIDE GOALS Promote active lifestyles Give people options Create connected systems Oro Valley residents value the outdoors and an active lifestyle. However, most places in Oro Valley are accessible by car, with few truly hospitable to the pedestrian or cyclist. Limited transit service and traditional parking options constrain development and creativity. Main Streets are attractive destinations supported by diverse transportation choices. Main Streets embrace the active and outdoor lifestyle valued by so many in Oro Valley. Complete streets with enhanced pedestrian, biking and transit facilities allow people from near and far to come together without driving. People who prefer or need to drive still have that option. However, parking is innovatively integrated into the built environment. All transportation options are designed together to create complete systems. WALK-BIKE-RIDE CONCEPT MAP 8 Complete street with four lanes of traffic, on street parking and a wide, shaded sidewalk. Arizona Avenue, Chandler, AZ FOCUS AREA: TRANSIT CONNECTIONS Main Streets include a network of transit options which increase accessibility for all users to local destinations and the larger region. Transit connects people to where they live, work and play and improves mobility for everyone. • The local trolley or shuttle circulates between Main Streets, nearby parks, the Community Center, Town Hall and other popular local destinations. It is part of the Main Streets experience and has local flare. • Bus transit or light rail connects to existing and future transit systems in Oro Valley, Tucson and the larger Pima County area. It is a safe, clean, affordable and convenient way to get to, from and around Oro Valley. Providing quality transit choices brings many benefits. Attractive, well-lit transit shelters with artistic elements improve the streetscape. By making transit a viable option and locating it in high traffic, convenient areas, ridership can increase. This will help relieve wider congestion. FOCUS AREA: PARKING CONCEPTS Shopping areas in Oro Valley today are surrounded by a sea of parking spaces. Though convenient, it’s not a particularly safe or pleasant experience. Main Streets create more retail and public spaces by redesigning parking lots and providing alternative parking options. These parking options balance convenient car access and places that are active, vibrant and economically viable. Alternative parking options include: • On-street parking to allow easy business access. • Small parking lots that blend into the streetscape. • Shared parking where businesses combine parking. • Attractive parking garages with first floor shops. • Underground parking garages where appropriate. FOCUS AREA: COMPLETE STREETS Complete streets creatively use the right-of-way to encourage all modes of transportation. Motorists, pedestrians, bicyclists and transit riders share a safe, inviting roadway. In Oro Valley, complete streets are created by redesigning the underutilized space within the right-of-way, but outside the existing travel lanes. Complete streets include: FOCUS AREA: ACTIVITY AND PLAY Main Streets provide safe, convenient and fun options for walking and physical activity. Redesigned streets and parking areas make pedestrians the priority. People can walk from nearby neighborhoods. If driving, you only need to park once. Green spaces and recreation amenities are connected, which promotes active lifestyles and play. Pedestrian spaces include active and playful amenities, making Main Streets inviting and exciting for people of all ages, and include: • Wide, shaded sidewalks which encourage strolling. • Playful amenities like splash-pads or interactive art. • Plazas or pocket parks which welcome active play. These spaces and amenities connect to the larger recreational network via multi-use paths. By using the path along the Cañada del Oro Wash and other walkways, Naranja Park, the Oro Valley Community Center, Riverfront Park and Steam Pump Ranch all become connected. These paths also include signs, drinking fountains and other amenities. Old Town Trolley. San Diego, CA Artistic parking sign. Broadway Village, Tucson, AZ Chandler’s Arizona Avenue is an example of a nearby complete street. All the street elements ensure that traffic remains efficient and all users are safe and comfortable. Arizona Avenue is a state highway, like Oracle Road is in Oro Valley. The average daily traffic volume of Arizona Avenue (around 34,000) is comparable to Oracle Road (about 30,000) and La Cañada Drive at Lambert Lane (about 22,000). On-street parking Creating easy parking options Prominent crosswalk Using a signal and different materials Separated bike lane Safe and efficient for cyclists Wide sidewalk Accessible and comfortable for all 9 Artistic concept of commercial and pedestrian spaces that embrace the Cañada del Oro Wash. THEME: DELIGHT IN NATURE GOALS Integrate nature Treasure the views Love the wash Oro Valley residents and visitors delight in the surrounding natural beauty. The Santa Catalina Mountain views are a staple of life in Oro Valley, as are the Cañada del Oro Wash trail and the Sonoran Desert wildlife and native plants. However, many shopping areas don’t face the mountains, integrate gardens or connect to trails and open space. Main Streets are successful because they are destinations to enjoy Oro Valley’s moderate climate and beautiful scenery. Imagine walking through Main Streets, where sidewalk seating and patios look over the Cañada del Oro Wash or up at the Santa Catalina Mountains. Amenities like shade and water features cool off outdoor plazas and trail rest areas. A network of native trees and vegetation integrates nature into the Main Streets walking experience. DELIGHT IN NATURE CONCEPT MAP 10 FOCUS AREA: THOUGHTFUL DESIGN The Main Streets experience is shaped first by the buildings. The design of the buildings celebrates nature through the following design practices: • Buildings oriented toward natural scenery, including the Wash and mountains to reflect local pride in the natural landscape. • A grid layout that allows stores, patios, sidewalks and gathering places to incorporate views. • Design that complements the natural environment and is regionally appropriate. • Environmentally sensitive building practices that also provide shade to visitors. People come to Main Streets for views of Oro Valley’s special scenery. A grid layout provides views of the Santa Catalina Mountains between buildings. Patios, sidewalk seating and public spaces are oriented toward views of the mountains and look over the Cañada del Oro Wash. Environmentally sensitive building practices can make Main Streets cooler, more energy-efficient spaces to spend time outside. Awnings and solar panels provide shade to sidewalks, parking lots and buildings. Permeable pavements stay cooler than traditional pavements. These kinds of creative building practices make Main Streets comfortable places to enjoy Oro Valley’s desert climate. FOCUS AREA: OUTDOOR SPACES Community members have said that they want more spaces to spend time outside. Main Streets provide outdoor spaces and connections to trails. These features invite people to wander, spend time outside and enjoy the views, native plants and wildlife. Main Streets outdoor spaces are special places to walk, gather and enjoy the outdoors year-round because they have: • Patios, courtyards and sidewalk seating are shaded, are oriented towards natural scenery and are places to gather, relax, or enjoy a meal. • Gardens of native plants and trees that create a sense of place and areas to rest. • Shade created by trees, awnings, structures, sails, sculptures or solar panels. • Water features like fountains, splash pads and drinking fountains that create an oasis- like environment. FOCUS AREA: GREEN NETWORK Oro Valley Main Streets reflect life in Oro Valley, which includes Sonoran Desert plants and wildlife integrated through the community. Oro Valley Main Streets support this feeling by weaving nature throughout the built environment: • A shade corridor along key sidewalks, making walking newly redesigned complete streets more hospitable and a special experience. • Gardens found between buildings, in parking lots and along streets and sidewalks that cool and beautify the environment, provide shade, and support a network of wildlife and bird habitats. • Rainwater harvesting like cisterns, downspouts and rain gardens that irrigates and beautifies the landscape around buildings and parking lots. • Green infrastructure that collects stormwater off of streets and into gardens, which reduces the need for irrigation, increases property values and decreases utility and maintenance costs. Solar panel awning. The Dalles, OR Drinking water station. Grand Canyon, AZ Tohono Chul Park Oro Valley, AZ Courtyard. Mercado San Agustin, Tucson, AZ Patio view, Noble Hops. Oro Valley, AZ 11 CONCEPT MAPS The Concept Map is a big-picture view of Main Streets. It shows how the ideas of OV Destinations, Walk-Bike-Ride and Delight in Nature come together to create a complete picture of Oro Valley’s heart. OV Destinations shows how people will enjoy the Main Streets built environment. This map highlights different uses in Main Streets and surrounding destinations. Community destinations, such as Steam Pump Ranch and the Oro Valley Library, show important local resources for activity, play, events, culture and coming together. Together these elements reinforce the activity and vibrancy of Main Streets. OV DESTINATIONS 12 Walk-Bike-Ride shows how people will move around Main Streets. Trails connect walkers to Main Streets, green spaces and community destinations. Pedestrian crossings, reduced vehicle speeds, green streets and shade corridors make walking and bicycling safe and comfortable options. Part of Oracle Road is highlighted as a boulevard, which creates a sense of arrival to the Oracle/1st Main Street location. Transit, like a shuttle, moves people around the heart of Oro Valley. Delight in Nature shows how nature is connected to Main Streets. Green streets, shade corridors and the boulevard street create a network of trees, plants and gardens. Open and recreation spaces highlight the Cañada del Oro Wash, golf course and Santa Catalina Mountains as important amenities. Viewpoints identify places for benches, patios and sidewalk seating that take advantage of views of the Catalina Mountains. DELIGHT IN NATURE WALK-BIKE-RIDE 13 ORO VALLEY MAIN STREETS CONCEPT MAP LA CAÑADA / LAMBERT MAIN STREET Services that meet the needs of the Oro Valley community: • A cluster of local restaurants • Nearby major public amenities, such as the Community Center and Oro Valley Library • A mix of commercial, such as grocery and specialty shops Improved and new recreational assets: • Connections to the larger recreation system through trails and trailheads • An overall increase in park and gathering space Amenities that embrace nature: • Green streets and shade corridors linking recreation, shopping areas and community destinations • Designated viewpoints to appreciate the mountain views Gathering areas that create energy and activity: • A large gathering space near the Community Center • Smaller pocket parks and gathering spaces throughout the area Additional transportation options: • A local transit system • Reduced speeds into the heart of the Main Street • Frequent and protected pedestrian crossings that facilitate access and walking The La Cañada / Lambert Main Street is focused at the intersection of these two major roads. This area serves as the “local” Main Street. The scale of the area is welcoming for a range of users. This Main Street is characterized by the following features, as illustrated on the Concept Map: 14 ORACLE / 1ST MAIN STREET The Oracle / 1st Main Street is focused at the intersection of these two major roads. This area serves as the “regional” Main Street. The scale of the area lends itself to a lot of activity attracting users from distances near and far. This Main Street is characterized by the following features, as illustrated on the Concept Map: A variety of uses that meet the needs of both the Oro Valley community as well as visitors: • Hotels spread throughout the area • Many commercial destinations, including regional “big-box” stores and smaller shops • Nearby professional office space • Large, adjacent residential developments Destinations and recreational amenities attractive to a range of users: • Steam Pump Ranch • Multiple trailhead access points • Designated viewpoints celebrating the local iconic mountain views • Trails, trailheads, park space and businesses that celebrate the Cañada del Oro Wash Additional transportation options: • A local transit system linking both sides of Oracle Road • Reduced speeds into the heart of the Main Street • Frequent and protected pedestrian crossings that facilitate access and walking • Oracle Road designed as a special green boulevard WHAT’S NEXT? Oro Valley Main Streets has ongoing opportunities for community input. The Concept Plan is a tool for conversation and open dialogue about the project. All community members are encouraged to join the conversation and stay involved in order to help make Oro Valley Main Streets successful. WANT TO LEARN MORE? For more information about Oro Valley Main Streets and ways that you can get involved, contact us! www.orovalleyaz.gov/mainstreets www.facebook.com/MainStreetsOV MainStreetsOV@orovalleyaz.gov (520) 229-4800 Any of the project staff are available to discuss: BAYER VELLA, AICP Planning Manager ELISA HAMBLIN, AICP Long Range Principal Planner MICHAEL SPAETH, AICP Senior Planner 2016-2017PHASE 1 CONCEPT PLAN PUBLIC ENGAGEMENT OPPORTUNITIES THROUGHOUT • A high-level vision for Oro Valley Main Streets • Outlines themes, goals and focus areas to achieve the vision • Stakeholder Interviews (Jan-Feb 2016) • Focus Group Meetings (Apr 2016) • Community Workshop (May 2016) • Plan Drafting (Jun-Nov 2016) • Public Feedback (starting Nov 2016) • Planning and Zoning Commission recommendation (early 2017) • Town Council endorsement (early 2017) PUBLIC ENGAGEMENT OPPORTUNITIES THROUGHOUT 2017-2018PHASE 2 IMPROVEMENT PLAN • A detailed blueprint for making Main Streets a reality • Includes specific designs, funding mechanisms and revisions to the Town code • Technical Advisory Group meetings • Stakeholder meetings • Focus Group meetings • Draft Zoning Code amendments • Prepare roadway designs • Outline partnership agreements • Planning and Zoning Commission • Town Council 2018-2030PHASE 3 IMPLEMENTATION • Over many years and through precise action, the building of the desired result • Achieved through public-private partnerships and various funding tools Oro Valley Main Streets – Walk the Block event results 2/11/17 VOTE ON YOUR FAVORITE ARIZONA MAIN STREET. . . 57 votes 169 votes 68 votes WHAT ARCHITECTURE STYLE FEELS LIKE OV? Modern Southwest 261 Pueblo 83 Spanish Colonial 125 Territorial 72 Total Votes: 541 ATTACHMENT 3 Oro Valley Main Streets – Walk the Block event results 2/11/17 PREFERENCES FOR PUBLIC ART Seating 56 Sculptures 44 Shade and Lighting 149 Mural 48 Total Votes: 297 PREFERENCE FOR SIDEWALK DESIGN Sidewalk shade 73 Wide and Colorful Sidewalks 41 Sidewalk Lighting 107 Sidewalk Seating 110 Total Votes: 331 Oro Valley Main Streets – Walk the Block event results 2/11/17 HOW WOULD YOU LIKE TO GET AROUND OV MAIN STREETS? Drive and Park 41 Bicycle 83 Walk 187 Shuttle 114 Total Votes: 425 PREFERENCE FOR CROSSWALK DESIGN Bulb out 99 Refuge 63 Color and Texture 104 Light 129 Total Votes: 395 March 7, 2017 Planning and Zoning Commission Meeting 1 MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION March 7, 2017 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑ ADA DRIVE REGULAR SESSION AT OR AFTER 6:00 P.M. CALL TO ORDER Chair Hurt called the meeting to order at 6:00 p.m. ROLL CALL PRESENT:Charlie Hurt, Chair Melanie Barrett, Vice Chair Bob Swope, Commissioner Thomas Gribb, Commissioner Greg Hitt, Commissioner ABSENT:Tom Drzazgowski, Commissioner EXCUSED:Don Cox, Commissioner ALSO PRESENT: Joe Andrews, Chief Civil Deputy Attorney Bayer Vella, Planning Manager Elisa Hamblin, Long Range Principal Planner Patty Hayes, Senior Planning Technician Vice Mayor Lou Waters Council Member Joe Hornat Council Member Bill Rodman (arrived later in meeting) PLEDGE OF ALLEGIANCE Chair Hurt lead the Commissioner and audience in the Pledge of Allegiance. CALL TO AUDIENCE No speakers. REGULAR SESSION AGENDA March 7, 2017 Planning and Zoning Commission Meeting 2 1.REVIEW AND APPROVAL OF THE FEBRUARY 7, 2017 REGULAR SESSION MEETING MINUTES MOTION:A motion was made by Vice Chair Barrett and seconded by Commissioner Hitt to approve the February 7, 2017 minutes as written. MOTION carried, 5-0. 2.ORO VALLEY MAIN STREETS PROJECT UPDATE AND RECOMMENDATION ON THE DRAFT CONCEPT PLAN Elisa Hamblin, Long Range Principal Planner, presented on the following - Purpose - Two areas of town selected for this project - Overview of concept plan - Focus/vision - Three themes: OV Destination; Walk, Bike, Ride; Delight in Nature - Community Outreach - Social Media Engagement - Walk the Block event on February 11, 2017 - Input received from community mostly positive - Results from votes on architectural design and transportation - Next steps - Recommending approval on concept plan from Commission to Town Council - Encourage community to Join the Conversation - Public/private partnerships are a key component in making Main Streets happen. Businesses in the two areas have expressed willingness to work with the Town on project. Questions/concerns that were raised by the Commission and addressed by staff: - In general, what three positive or negative comments were most expressed? Chair Hurt opened the public hearing. Paul Loomis, Oro Valley resident and former Oro Valley mayor, spoke of his concerns: - As former mayor, he is very familiar with Main Streets. We are challenged by making promises we can't keep with respect to traffic flow of the two locations selected. All the recommendations are already in the General Plan, Town Design Guidelines and Town Code. He would like the Commission to either approve the concept plan, but not allow further work, or deny the concept plan. He gave the Commissioners a letter he wrote with more detail of his reasons. Dennis Rasinski, Oro Valley resident in Cañada Hills, spoke of his concerns: March 7, 2017 Planning and Zoning Commission Meeting 3 - According to the plan, the walking trails go through holes 2, 3, 4, 15 and 16 on the golf course. This is not a good situation for golfers or walkers. If there are plans to close the golf course, this will negatively affect the values of at least 100 homes with golf course views. At least two gated communities will also be affected if people are walking through. He asked the Commission to carefully review as this can affect a lot of people. Dick Eggerding, Oro Valley resident, spoke in support of Item 2: - The General Plan has been approved and passed. Main Streets is just the implementation of what has already been approved. Understands the rational of traffic concerns; but working in partnership with businesses is a huge economic benefit for the entire community. Dave Perry, Oro Valley resident and President of Greater Oro Valley Chamber of Commerce, spoke in support of Item 2: - Suggest everyone keep eye on big picture; continue to evolve the community. Understands and recognizes the challenges, but staff has done a wonderful job and the project should continue. Shirl Lamona, Oro Valley resident, spoke of her concerns: - She shared data from 2013 traffic count reports: over 21,000 cars pass through both areas a day. Selected areas are not conducive to pedestrian traffic; she learned this firsthand at the Walk the Block event. Chair Hurt closed the public hearing. Questions/concerns that were raised by the Commission and addressed by staff: - What is the vision for the three main traffic arteries through the town? - How will traffic be affected with the possible annexation of Arroyo Grande? - If concept plan is approved, what resources will be devoted to further development? - Could the Oro Valley Marketplace be rezoned to have Main Streets located there? MOTION:A motion was made by Commissioner Hitt and seconded by Commissioner Gribb to recommend approval of the document known as the "Oro Valley Main Streets Concept Plan". Vice Chair Barett made the following comments after the motion was made and seconded: She would like to move approval, but feels people in the community are more interested in other projects such as the fields at Naranja Park. She also feels better adopting the plan for the Lambert/La Canada area as opposed to the Oracle area. March 7, 2017 Planning and Zoning Commission Meeting 4 Clarification was made that the Commission's role is to recommend to Council; once approved, further research and study will be done on the project. MOTION carried, 5-0. 3.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON A PROPOSED CONDITIONAL USE PERMIT TO ALLOW A .77" THICK OVERHEAD FIBER OPTIC CABLE GENERALLY ALONG HARDY ROAD EAST OF LA CANADA DRIVE, CALLE BUENA VISTA NORTH OF HARDY DRIVE, AND CALLE CONCORDIA EAST OF CALLE BUENA VISTA. THE PROPOSED OVERHEAD CABLE WILL BE INSTALLED ON EXISTING UTILITY POLES AND IS INTENDED TO IMPROVE BROADBAND SERVICES FOR LOCAL AMPHITHEATER SCHOOLS (OV1700311). Patty Hayes, Senior Planning Technician, presented on the following: - Applicant's request - Location - Photos - Conditional Use Permit criteria - General Plan Criteria - Recommendation Applicants Jay Loche (project manager), Justin Moffitt (network designer) and Steve Frost (Amphi IT Director) presented on the following: - This project will increase speeds ten-fold for the Amphitheater school district - Reviewed current conditions versus upgrade - Cable lines will attach to existing poles within the Oro Valley area - More durable network; will not be affected by weather Chair Hurt opened the public hearing. No speakers present. Chair Hurt closed the public hearing. Commissioner Swope stated he attended the neighborhood meeting in February and wanted to reiterate some additional facts that were not mentioned tonight for the benefit of the Commission. He spoke of the cost analysis: the overhead work cost is approximately $36,500; underground work cost is approximately $124,000 (including excavation, road closures, and time). Work needs to be completed by July 1 to meet funding schedule. March 7, 2017 Planning and Zoning Commission Meeting 5 Mr. Frost stated that the school district is receiving a 60% discount on this service and the completion date is based on the school's fiscal year of July 1 - June 30. MOTION:A motion was made by Vice Chair Barrett and seconded by Commissioner Hitt to recommend approval of the Conditional Use Permit to allow the Amphi School District to install a fiber optic cable on the existing utility poles located on the north side of Calle Concordia, east side of Calle Buena Vista, and the south side of Hardy Road, based on the finding that the proposal is consistent with the Conceptual Use Permit Review Criteria. Commissioner Swope made the following comments after motion was made and seconded: He hopes the Commission will remain vigilant and dedicated to preserving and protecting our scenic views. The views make Oro Valley a very special place to live. We should be mindful of the impacts of towers and always look for opportunities to always go underground when possible. MOTION carried, 5-0. COUNCIL LIAISON COMMENTS Council Liaison Rodman provided the following updates: - Town Council recently passed the change in the Zoning Code at the last meeting regarding taglines on signs based on the Commission's recommendation. - At the next council meeting, Council will be considering the Main Streets Concept Plan as well as the Steam Pump self-storage facility. - Frequency of bi-monthly meetings will depend on number of pending items. PLANNING UPDATE (INFORMATIONAL ONLY) Bayer Vella, Planning Manager, presented the following Planning Division updates: - A Neighborhood meeting scheduled for March 22 on the Saguaros Viejos East rezoning - The next Planning and Zoning Commission meeting has two items currently scheduled - Staff is currently assembling Planning Department Work Plan - Initiative to consider merging the Conceptual Design Review Board responsibilities with the Planning and Zoning Commission commences on March 13. A team has been established to study key decision points to amend the Zoning Code to merge the two boards. Intent is to present the concept formally before the Commission in May and Town Council in June. ADJOURNMENT March 7, 2017 Planning and Zoning Commission Meeting 6 MOTION:A motion was made by Commissioner Swope and seconded by Commissioner Hitt to adjourn meeting. MOTION carried, 5-0. Chair Hurt adjourned the meeting at 7:21 p.m. Prepared by: Jeanna Ancona Senior Office Specialist I hereby certify that the foregoing minutes are a true and correct copy of the regular session Planning and Zoning Commission meeting of Oro Valley, Arizona held on the 7th day of March, 2017. I further certify that the meeting was duly called and held and that a quorum was present.    Town Council Regular Session Item # 2. Meeting Date:04/05/2017   Requested by: Kristy Diaz-Trahan  Submitted By:Kristy Diaz-Trahan, Parks and Recreation Department:Parks and Recreation Information SUBJECT: DISCUSSION, DIRECTION AND POSSIBLE ACTION FROM TOWN COUNCIL REGARDING THE FUNDING AND CONSTRUCTION OF ADDITIONAL SPORT FIELDS AND RELATED IMPROVEMENTS FOR NARANJA PARK RECOMMENDATION: Staff is seeking direction from Town Council on a proposed plan to build and finance additional sport fields and related amenities at Naranja Park. EXECUTIVE SUMMARY: Staff is seeking direction from Town Council regarding the presentation of a plan to build and finance additional sport fields and related amenities and infrastructure at Naranja Park to meet the needs of the community per direction from Town Council at the February 15, 2017 regular Council meeting. BACKGROUND OR DETAILED INFORMATION: At the February 15, 2017 regular Town Council meeting, over 100 youth sport parents and Oro Valley user group representatives were in attendance requesting that Council take action to construct additional sport fields at Naranja Park. Council direction was given to staff to return at a future Council meeting with a plan to finance additional sport fields in response to this community request.  BACKGROUND HISTORY Naranja Park is a 213-acre parcel located north of Naranja Drive between La Canada Drive and 1st Avenue. The Town purchased the land in 2000 with the intent to build a park site consisting of a wide range of amenities to appeal to all ages and user groups, and underwent a significant park master-planning process during the mid-2000's. In November 2008, the Town held an election to request voter approval to issue $48.6 million in general obligation bonds to begin the first phase of park construction, consisting of earthwork, infrastructure, playfields, courts and other outdoor recreation elements. This bond election was unsuccessful, and only in the past several years, development of fields and amenities at Naranja Park has occurred on a pay-as-you-go basis as funds have come available in the Town's budget. This recent development has followed an updated Naranja Master Plan, which was approved by Town Council in July 2015. Currently, Naranja Park contains the following elements:  Archery range (fixed range and two walking courses) Walking trails Dog park (large and small) Two lit multi-sport fields (oversized) Two additional lit multi-sport fields (oversized) to be completed by the end of 2017 Restrooms and staff offices Associated infrastructure to support existing elements Space for a Veterans and First Responders Living Memorial The full Naranja Park Master Plan, as adopted in 2015, includes the following:  Multi-sport fields (soccer, football, lacrosse, etc.)  Seven natural turf, lit fields One synthetic turf, lit stadium field Baseball field complex (baseball and softball)  Four lit fields Concession building (includes restrooms) Playground, splash pad, community lawn Event center building Outdoor performance venue Skate/bicycle park Group use area Archery range Pedestrian and bicycle staging area Dog park Other associated elements (restrooms, shade structures, maintenance facility, etc.) A statistically valid survey (attached hereto) was included as part of the 2015 Master Plan update with multi-sport fields, baseball and softball fields, and playgrounds/ramadas ranking at the top. The estimated cost for full build-out of all elements in the 2015 Master Plan is approximately $33 million.   Over the past two years, significant community engagement for the Your Voice, Our Future  General Plan update resulted in the community's request for additional sport fields, implementation of the Naranja Park Master Plan, and an overall emphasis on enhanced park facilities and youth sports. The General Plan was approved by Oro Valley voters in November 2016. Attached hereto is a summary of excerpts from the 2016 General Plan focusing on park facilities, services and amenities.    PROPOSED PLAN In response to the community user groups' requests and subsequent Council direction, the following proposed plan to build additional sport fields and related amenities is offered for Council consideration:  Three (3) lit multi-sport fields (oversized) Three (3) lit multi-sport fields (oversized) Baseball/softball complex including:  Four fields Concession building with restrooms Batting cages Two (2) Restrooms  Pedestrian walkways Playground Ramada/shade structures Paved parking spaces (300 additional) Improved and extended roadway to include shared use path from Naranja Drive to Tangerine Road Park maintenance equipment storage area Associated infrastructure improvements (earthwork, utility extension, etc.) The firm of McGann & Associates has been engaged to develop a cost estimate and conceptual design for this proposed plan. The total estimated cost for these new elements is $16.7 million, which is a more conservative approach recommended to address the immediate requests and needs from the community compared to full build-out of the Master Plan costing an estimated $33 million. Please see the cost estimate breakdown and the conceptual design attached hereto. FISCAL IMPACT: CONSTRUCTION FINANCING Because this project represents a significant long-term investment in Town park infrastructure, general obligation (GO) bond funding is suggested to finance these improvements. Annual principal and interest payments on an estimated $17 million GO bond issuance are approximately $1.4 million per year for 20 years. The issuance of GO bonds and the implementation of a secondary property tax as the source of revenue dedicated specifically for the repayment of GO bonds requires voter approval. The secondary property tax would sunset at the end of the bond term when the bonds are paid off. Based on current calculations, the estimated average property tax rate that would generate approximately $1.4 million per year for debt service payments is $0.22/$100 of assessed valuation. This rate results in an estimated monthly cost impact of $4.50 to an average homeowner with a home valued at $250,000. OPERATION & MAINTENANCE (O&M) COSTS In order to properly maintain these fields, it is anticipated that the Town would need to purchase additional equipment in the first year totaling approximately $230,000, including mowers, utility vehicles, sprayers and a crew cab pickup to haul materials and equipment. This would be a one-time expense that could be funded through the Town's General Fund. Ongoing annual O&M costs are estimated at approximately $570,000 for additional park maintenance personnel ($120,000) and operating expenses ($450,000). Annual revenue generation of approximately $370,000 is anticipated through user fees, tournament fees, special event fees and bed tax revenue from the overall economic impact derived from these additional fields, leaving a remaining amount of about $200,000 in General Fund revenues that would be necessary to fully cover the annual O&M expenses of $570,000. SUGGESTED MOTION: Staff is requesting direction from Town Council on the community's proposed additional park elements being recommended, the proposed financing plan and direction to bring this item forward at a future meeting for further community input and discussion.   Attachments Cost Estimate Breakdown  Conceptual Design  Statistically Valid Survey  Your Voice Our Future Policies  Town of Oro Valley Naranja Park Phase 3 Oro Valley, Arizona Master Plan Estimate March 21, 2017 Earthwork and Mass Grading $3,263,600 ∑Clearing,Earthwork and Rough Grading ∑Retaining Walls Utility Systems $2,434,800 ∑Sanitary Sewer &Septic System ∑Domestic Water Mains ∑Reclaimed Water Mains ∑Electrical Power Roadway and Associated Drainage Features $1,663,500 ∑Main Spine Roadway & Curb ∑Roadside Multi-Use Path ∑Box Culvert at Wash ∑Pipe Culverts ∑Traffic Control Features Parking Lots and Access Drives $1,040,900 ∑Parking Lots ∑Access Drives off Main Spine Roadway ∑Curbing ∑Striping ∑Bumpers Buildings and Structures $1,654,000 ∑Restroom / Concession at Baseball Field ∑Restroom Buildings ∑Group & Picnic Ramadas ∑O&M Equipment Storage Canopy Pedestrian Improvements $425,000 ∑Pedestrian Walkways / ADA Routes Site Lighting $185,700 ∑Road Lighting ∑Walkway Lighting ∑Parking Lot Lighting Sports Field Lighting $2,334,100 ∑Multi-Sport Field Lighting ∑Baseball Field Lighting Multi-Sport Fields $1,046,700 ∑Three new, same as existing Multi-Sport Fields Baseball Fields $2,211,300 ∑Baseball Fields –three 220' and one 300’ ∑Batting Cages Landscape and Irrigation (other than turf grass) $250,300 ∑Slope Stabilization -Rip-Rap & Hydroseeding ∑Tree Planting ∑Drip Irrigation System Site Furnishings and Miscellaneous $60,500 ∑Signage ∑Site Furniture (Benches, etc.) Playground $163,500 ∑Play Structure(s) with Resilient Surfacing & Shade Canopy Total Construction Costs $16,733,900 TOWN OF ORO VALLEY NARANJA PARK PROGRAM AND FACILITY NEEDS OUTREACH SURVEY June 2014 Prepared for: Tucson, Arizona Prepared by: FMR ASSOCIATES, INC. Tucson, Arizona Copyright, FMR Associates, Inc., 2014 TOWN OF ORO VALLEY NARANJA PARK PROGRAM AND FACILITY NEEDS OUTREACH SURVEY June 2014 Digest of the Contents Introduction and Goals ................................................................................................... I-1 Methodology Overview ................................................................................................... I-1 Respondent Characteristics............................................................................................ I-2 Table I-1. Gender of Respondents Table I-2. Age of Respondents Table I-3. Length of Residence in Oro Valley Current Oro Valley Park Usage Index Explanation ......................................................... I-3 Table I-4. Current Oro Valley Usage Index Executive Summary........................................................................................................ I-4 Details of the Findings .................................................................................................... 1 I. Current Park Usage ............................................................................................ 1 Table 1. Frequency of Visiting Various Town of Oro Valley Parks and Related Facilities II. Facility Importance Evaluations .......................................................................... 3 Table 2. Importance of Constructing New Facilities for Organized Sports Programs Table 2a. Importance of Various Types of Organized Sports Facilities (Among Those Who Say Constructing Such Facilities Are at Least “Somewhat Important”) Table 3. Importance of Constructing New General Recreation Facilities Table 3a. Importance of Various Types of General Recreation Facilities (Among Those Who Say Constructing Such Facilities Are at Least “Somewhat Important”) Table 4. Importance of Constructing Outdoor Recreation Facilities Table 4a. Importance of Various Types of Outdoor Recreation Facilities (Among Those Who Say Constructing Such Facilities Are at Least “Somewhat Important”) Table 5. Importance of Constructing Multi-Use Facilities Community Centers With Facilities for Indoor Recreation/Fitness Programs Table 5a. Importance of Various Types of Indoor Recreation, Fitness and Community Center Facilities (Among Those Who Say Constructing Such Facilities Are at Least “Somewhat Important”) Table 6. Importance of Constructing Facilities for Music, Dance and Theatrical Performances Table 6a. Importance of Various Types of Music, Dance and Theatrical Performance Facilities (Among Those Who Say Constructing Such Facilities Are at Least “Somewhat Important”) TOWN OF ORO VALLEY NARANJA PARK PROGRAM AND FACILITY NEEDS OUTREACH SURVEY June 2014 Digest of the Contents (Cont’d) Table 7. Importance of Establishing Various Types of Natural Resource Areas and Natural Open Space Areas Table 7a. Importance of Various Types of Natural Resource Areas (Among Those Who Say Establishing Such Areas Are at Least “Somewhat Important”) III. Revenue Option Evaluations .............................................................................. 18 Table 8. Likelihood of Supporting Various Means of Raising Revenues to Fund Park Improvements and New Facilities in the Town of Oro Valley Appendix Survey Methodology and Sample Selection ................................................................... A-1 Statistical Reliability ........................................................................................................ A-2 Confidence Intervals for a Given % Significance of Difference Between % Category Definitions by Types of Facilities/Amenities Evaluated ................................... A-4 Copy of Survey Instrument Town of Oro Valley Parks Survey, June 2014 I-1 TOWN OF ORO VALLLEY NARANJA PARK PROGRAM AND FACILITY NEEDS OUTREACH SURVEY June, 2014 Introduction and Goals Methodology Overview This Outreach Survey, conducted for McGann & Associates, was designed to assess resident attitudes and opinions to determine program and facility needs for the further development and planning of Naranja Park in Oro Valley. This telephone survey is part of the overall Programming and Conceptual Design Updates project conducted by McGann & Associates for the Town of Oro Valley. Areas of Investigation – The following areas of investigation were considered the central points for this Outreach Survey: 1. Current Oro Valley Parks Usage – What is the aided visitation of the various parks and related facilities in the Town of Oro Valley? What is the visitation profile for each park facility? 2. Facility Importance Evaluations – Among Oro Valley residents, what is the perceived level importance of constructing different categories of parks, sports, recreation, performance, community and natural resource park facilities? For each considered important by residents, what is the importance of specific facilities or amenities that define the category? 3. Revenue Option Evaluations – What is the likelihood of support for three different methods that the Town might implement to fund improvements for parks and new facilities? To accomplish the goals of this study, a random sampling of adult (18 or older) Town of Oro Valley residents was interviewed by telephone during June 2014. The specific procedures used to select the sample are explained in detail in the Appendix of this report. Town of Oro Valley Parks Survey, June 2014 I-2 Respondent Characteristics Sample Composition – Tables I-1 to I-3 summarize the characteristics of the final completed in-tab sample of 306 adult Oro Valley residents. In accordance with the sampling quotas (determined using 2010 Census data for the Town of Oro Valley), the final in-tab sample includes a mix of 49% men and 51% women (Table I-1). The median age is 58.1 years (Table I-2). A majority of residents surveyed have lived in the Town of Oro Valley for more than ten years (57%) (Table I-3). Still, 16% are “newer” residents (for less than five years) – while the balance (26%) are 6-to-10 year residents. Table I-1 Gender of Respondents Current OV Park Usage Total Frequent Occasional Infrequent/ Non Men 49% 51% 47% 56% Women 51% 49% 53% 44% N=306 N=70 N=182 N=54 Table I-2 Age of Respondents Current OV Park Usage Total Frequent Occasional Infrequent/ Non 18 to 24 5% 9% 3% 4% 25 to 34 9% 23% 4% 7% 35 to 44 12% 10% 13% 11% 45 to 54 18% 26% 17% 9% 55 to 64 22% 17% 25% 15% 65 or older 35% 16% 37% 54% N=306 N=70 N=182 N=54 Table I-3 Length of Residence in Oro Valley Current OV Park Usage Total Frequent Occasional Infrequent/ Non Less than three years 5% 6% 5% 6% 3-5 years 11% 9% 12% 13% 6-10 years 26% 37% 26% 15% More than 10 years 57% 49% 57% 67% N=306 N=70 N=182 N=54 Town of Oro Valley Parks Survey, June 2014 I-3 Current Oro Valley Park Usage Index As an additional dimension of respondent classification, we have developed a Current Oro Valley Park Usage Index. This index categorizes all survey respondents into one of three classifications based on their past visitation of the seven Oro Valley parks evaluated: James D. Kreigh Park, Cañada del Oro Riverfront Park, West Lambert Lane Park, Honey Bee Canyon Park, Naranja Park, the Oro Valley Aquatic Center and Steam Pump Ranch. The three index categories are based on Table 1 results and defined as follows: Frequent Users – residents who have visited at least three of the seven parks monthly (1-3 times per month) or more frequently. Occasional Users – residents who indicate mixed or less regular visitation of the seven parks. Infrequent/Non-Users – residents who report only infrequent (less than annual) visitation and/or have never visited (or are unfamiliar with) all seven parks evaluated. As indicated in Table I-4, six of ten Oro Valley residents are categorized as occasional park users. Among the rest, more are frequent (23%) than infrequent/non-users (18%). Table I-4 Current Oro Valley Park Usage Index Total Frequent 23% Occasional 60% Infrequent/Non 18% N=306 Town of Oro Valley Parks Survey, June 2014 I-4 TOWN OF ORO VALLEY NARANJA PARK PROGRAM AND FACILITY NEEDS OUTREACH SURVEY June 2014 Executive Summary A 306-person, randomly-selected and statistically-projectable telephone survey of adult (18 or older) Oro Valley residents was conducted in June 2014. The survey was designed to determine resident attitudes and opinions to determine program and facility needs for the further development and planning of Naranja Park. Specifically, survey respondents were asked to evaluate six different categories of parks facilities or improvements (along with up to 34 specific facilities/amenities). Before evaluating the six different categories, survey respondents were read the following statement: “The Town of Oro Valley is updating its plan for parks throughout the community. It is also updating the plan for Naranja Park – a largely undeveloped park site located north of Naranja Drive, between La Cañada Drive and First Avenue.” Survey respondents were read the six categories of park facilities or amenities and asked to indicate their degree of importance for the Town to construct such facilities or amenities. For each category rated “very” or “somewhat” important, residents were asked to rate the importance of specific facilities or amenities within that category. The Sample – A sampling plan (based on population data from the 2010 Census) was developed to ensure that the sample was as close as possible to actual gender/age distributions for the Town of Oro Valley. The final in-tab sample is reflective of these sampling quotas, with a mix of 49% men/51% women and a median age of 58.1 years. (For comparison purposes, the 2010 Census data for Oro Valley is 47% male/53% female, with a median age of 55.5. years.) The display below summarizes the demographic composition of the survey sample, broken out by the Oro Valley Park Usage Index. It is clear that frequent park users are balanced between men and women, skew younger and tend to be newer Town of Oro Valley residents. Display 1 Demographic Summary by Oro Valley Park Usage Index Current OV Park Usage Index (1) Total Frequent Occasional Infrequent/ Non Male/Female 49%/51% 51%/49% 47%/53% 56%/44% Median age 58.1 years 48.3 years 60.0 years 58.5 years Length of residence in Oro Valley: 5 or fewer years 16% 15% 17% 19% 6-10 years 26% 37% 26% 15% More than 10 years 57% 49% 57% 67% (1) See page I-3 for explanation of Current Oro Valley Park Usage Index. Town of Oro Valley Parks Survey, June 2014 I-5 1.0 Current Park Usage A summary of the annual aided visitation of the seven Town of Oro Valley parks/ facilities (plus the multi-use path system) includes: Cañada del Oro Riverfront Park (56% visit/use at least annually) James D. Kreigh Park (46%) The Town’s multi-use path system (43%) Steam Pump Ranch (41%) Oro Valley Aquatic Center (38%) Honey Bee Canyon Park (37%) Naranja Park (29%) West Lambert Lane Park (27%) 2.0 Facility Importance Evaluations Display 2 summarizes the Net Importance (Very Important minus Not Important) for the six park categories of park facilities/amenities evaluated. The three categories with the highest Net Importance include: Outdoor Recreation Facilities (+44%); Natural Resource Parks & Natural Open Space Areas (+42%); and General Recreation Facilities (+40%). Display 2 Importance of Constructing/Establishing Different Categories of Park-Related Facilities Category Description: Very Important Not Important Net Importance (1) Outdoor Recreation Facilities 55% 11% +44% Natural Resource Parks & Natural Open Space Areas 54% 12% +42% General Recreation Facilities 50% 10% +40% Multi-Use Community Centers With Facilities for Indoor Recreation/Fitness Programs 51% 14% +37% New Facilities for Organized Sports Programs 44% 12% +32% Music, Dance & Theatrical Performance Facilities 41% 21% +20% (1) Net Importance = Very Important minus Not Important. Based on results of Tables 2, 3, 4, 5, 6 and 7 in the main report. Based on the degree of perceived importance of the six categories summarized above, survey respondents evaluated up to 34 specific park facilities/amenities. (Refer to page A-4 in the Appendix for a per-category summary of the facilities/amenities tested.) The importance of these 34 facilities/amenities was measured on a “1-to-5” scale – where “5” is “very important” and “1” is “not at all important.” Town of Oro Valley Parks Survey, June 2014 I-6 Display 3 on the following page summarizes the Weighted Net Importance of all 34 park facilities/amenities. As detailed in the footnotes included for Display 3, the Weighted Net Importance is derived by multiplying Net Importance for each facility/amenity (from the “1-to-5” scale) by the Indexed High Importance of Category Description. The Weighted Net Importance allows for a direct, “apples-to-apples” comparison of the 34 park facilities/amenities evaluated. The three park facilities/amenities with the highest Weighted Net Importance include: playgrounds and play structures (81); ramadas and picnic areas (78); and paved walking paths (71). Town of Oro Valley Parks Survey, June 2014 I-7 Display 3 Weighted Net Importance of Specific Types of Facilities/Amenities Important (4 & 5) Not Important (1 & 2) Net Importance (1) Indexed High Importance of Category Description (2) Weighted Net Importance (3) Playgrounds and play structures 82% 3% 79% 1.02 81 Ramadas and picnic areas 78% 2% 76% 1.02 78 Paved walking paths 76% 6% 70% 1.02 71 Youth baseball and Little League fields 69% 12% 57% 0.90 51 Indoor court facilities, such as basketball, pickleball and racquetball/handball 62% 14% 48% 1.04 50 Multi-sport fields – fields for soccer, lacrosse, football, etc. 68% 13% 55% 0.90 50 Youth softball fields 66% 12% 54% 0.90 49 Rooms for aerobics, yoga and similar classes 63% 16% 47% 1.04 49 Natural surface trails 60% 14% 46% 1.02 47 Outdoor basketball courts 56% 18% 38% 1.12 43 Tennis courts 52% 15% 37% 1.12 41 Cardio and weight training facilities 57% 21% 36% 1.04 37 Dog park 55% 19% 36% 1.02 37 Indoor theater 54% 18% 36% 0.84 30 Outdoor amphitheater 53% 23% 30% 0.84 25 Meeting rooms and classrooms 45% 22% 23% 1.04 24 Fitness courses 46% 24% 22% 1.02 22 Interpretive trails 42% 23% 19% 1.10 21 Indoor walking track 47% 31% 16% 1.04 17 Mountain bicycle trails 46% 30% 16% 1.02 16 Birding areas 41% 28% 13% 1.10 14 Adult recreational softball fields 39% 27% 12% 0.90 11 Art studios 41% 32% 9% 1.04 9 Skate park 37% 29% 8% 1.12 9 Adult, full-size baseball fields 34% 31% 3% 0.90 3 Computer labs 37% 35% 2% 1.04 2 Sand volleyball courts 34% 35% -1% 1.02 -1 Racquetball courts 28% 38% -10% 1.12 -11 BMX park 20% 48% -28% 1.12 -31 Pickleball courts 20% 53% -33% 1.12 -37 Remote control model airplane park 19% 57% -38% 1.12 -43 Ropes course 17% 58% -41% 1.12 -46 Golf courses 17% 63% -46% 1.02 -47 Zip lines 17% 64% -47% 1.12 -53 (1) “Net Importance” = “Important” (4 & 5 scale responses) - “Not Important” (1 & 2 scale responses (from Tables 2a, 3a, 4a, 5a, 6a and 7a). (2) “Indexed High Importance of Category Description” = “Very Important” (from Tables 2, 3, 4, 5, 6 and 7) for each category divided by the average “Very Important” for all categories. (3) “Weighted Net Importance” = “Net Importance” x “Indexed High Importance of Category Description.” Town of Oro Valley Parks Survey, June 2014 I-8 3.0 Revenue Option Evaluations Of the three methods evaluated that the Town of Oro Valley might use to generate revenue to fund improvements for parks and new facilities, only one elicits support. Most survey respondents (56%) are “very” (33%) or “somewhat” (23%) likely to support user fees to fund improvements for parks and new facilities. This compares to 19% who are not likely to support. Meanwhile, six of ten each are not likely to support a Town of Oro Valley property tax or increased sales tax to fund park improvements and new facilities. Just two of ten each are likely to support either revenue-raising method. Town of Oro Valley Parks Survey, June 2014 1 Details of the Findings Current Park Usage Parks and Related Facilities Visitation – Residents were read the names of seven Town of Oro Valley parks/facilities (plus the Town’s multi-use path system) and asked how often they visit each. Results are summarized in Table 1, ranked by the sum of frequent (daily + weekly + monthly) visitation. The two most-visited parks/facilities include: • Cañada del Oro Riverfront Park (34% frequent visitors, with another 22% who visit “a few times per year.” Frequent visitors skew slightly male and are more likely to be 18 to 54, although 18 to 34 year-olds are most apt to visit at least once a week. Nearly three of ten overall have never visited [28%], especially progressively newer Oro Valley residents.) • The Town’s multi-use path system (32% frequent users, with another 11% who utilize the paths “a few times per year.” Frequent usage is consistent regardless of gender and among residents 18 to 64 [with an emphasis on 35 to 44 year-olds]. Four of ten are non-users [especially those 65+].) About two of ten overall are frequent visitors of the following parks/facilities: • Steam Pump Ranch (23% frequent visitors, with another 18% who visit “a few times per year.” Frequent usage is consistent between men and women, and greatest among 18 to 34 or 55 to 64 year-olds. More than four of ten are non-users [44%], including a majority of 35 to 54 year-olds and newer [for less than five years] Oro Valley residents.) • James D. Kreigh Park (22% frequent visitors, with another 24% who visit “a few times per year.” Frequent visitors are most apt to be younger [18 to 34]. Men and 45 to 64 year-olds are more likely to visit “a few times per year.” Overall, 42% never visit – including the majority of those 65+.) • Oro Valley Aquatic Center (17% frequent visitors, with another 21% who visit “a few times per year.” Men and 18 to 34 year-olds are most likely to indicate frequent visitation, while 35 to 44 or 55 to 64 year-olds tend to visit “a few times per year.” One-half never visited, including a majority of women, 45 to 54’s and those 65 or older.) Town of Oro Valley Parks Survey, June 2014 2 Fewer are frequent visitors of the remaining parks/facilities evaluated: • West Lambert Lane Park (16% frequent visitors, with another 11% who visit “a few times per year.” Frequent users tend to be 18 to 34 or 45 to 64. Nearly two-thirds overall [65%] have never visited [55%] or are unfamiliar [10%].) • Honey Bee Canyon Park (14% frequent visitors, with another 23% who visit “a few times per year.” Frequent visitors skew female and younger [18 to 34]. Meanwhile, those who visit “a few times a year” tend to be men and older [45 to 64]. More than four of ten have never visited [42%].) • Naranja Park (12% frequent visitors, with another 17% who visit “a few times per year.” Resident s 35 to 64 are more likely to be regular visitors. Six of ten are non- visitors [54%] or unfamiliar [7%].) Table 1 Frequency of Visiting Various Town of Oro Valley Parks and Related Facilities (Ranked by Percentage of Frequent Visitors) (N=306) % Frequent Visitors* Nearly Every Day Once a Week 1-3 Times/ Month A Few Times/ Year Less Often Never Don’t Know/ Unfamiliar Cañada del Oro Riverfront Park 34% 7% 8% 19% 22% 13% 28% 3% The Town’s multi-use path system 32% 9% 8% 15% 11% 5% 40% 12% Steam Pump Ranch 23% 1% 8% 14% 18% 10% 44% 5% James D. Kriegh Park 22% 3% 6% 13% 24% 7% 42% 6% Oro Valley Aquatic Center 17% 5% 5% 7% 21% 11% 49% 3% West Lambert Lane Park 16% 1% 1% 14% 11% 8% 55% 10% Honey Bee Canyon Park 14% 2% 1% 11% 23% 17% 42% 4% Naranja Park 12% 2% 2% 8% 17% 10% 54% 7% * Frequent Visitors = “Nearly Every Day” + “Once a Week” + “1-3 Times Per Month” Question: First, I am going to read you names of the various parks and related facilities in the Town of Oro Valley. For each, tell me if you visit nearly every day, once a week, one to three times a month, a few times each year or less often. If you have never visited, just let me know. How often do you visit... Town of Oro Valley Parks Survey, June 2014 3 Facility Importance Evaluations Before evaluating different categories of park facilities or improvements, all respondents were read the following statement: “The Town of Oro Valley is updating its plan for parks throughout the community. It is also updating the plan for Naranja Park – a largely undeveloped park site located north of Naranja Drive, between La Cañada Drive and First Avenue.” Respondents were then read six different categories of park facilities or amenities and asked to indicate their degree of importance for the Town to construct such facilities or amenities. For each category rated “very” or “somewhat” important, residents were asked to rate the importance of specific facilities or amenities within that category. Turn to page A-4 in the Appendix for a per-category summary of the facilities/amenities tested. Importance of Constructing New Facilities for Organized Sports Programs – The vast majority (86%) indicate that it is “very” (44%) or “somewhat” (42%) important for the Town of Oro Valley to construct new facilities for organized sports programs. Women and 18 to 54 year-olds are most apt to indicate a high degree of strong importance. In addition, there is strong importance regardless of current park usage. Overall, just 12% think that new facilities or organized sports programs are “not important.” Table 2 Importance of Constructing New Facilities for Organized Sports Programs Question: How important do you think it is for the Town to construct new facilities for organized sports programs? Would you say it is... 2% 12% 42% 44% 0% 10% 20% 30% 40% 50% Very important Somewhat important Not important Don't know/Not sure N=306 Town of Oro Valley Parks Survey, June 2014 4 Importance of Various Types of Organized Sports Facilities – Among the 86% who think it is important for the Town to construct new facilities for organized sports programs, the specific features considered most highly important (measured on a “1-to- 5” scale) include: • Youth baseball and Little League fields (46% “very important” [a “5” on the “1-to- 5” scale]/69% important to some degree, 4.0 average score. Most highly important to women, 35 to 54 year-olds and progressively more frequent park users.) • Multi-sport fields – fields for soccer, lacrosse, football, etc. (43% “very important”/68% important to some degree, 4.0 average score. Women and frequent or occasional park users indicate the greatest degree of strong importance.) • Youth softball fields (40% “very important”/66% important to some degree, 3.9 average score. Women and the oldest residents are most apt to say that youth softball fields are “very important.” More highly important to infrequent/non park users [4.1] than frequent or occasional visitors [3.8-3.9].) Overall, there is a lesser degree of importance (regardless of current park usage) placed on adult recreational softball fields (39% important, 3.2 average score) or adult, full size baseball fields (34% important, 3.1 average score). Table 2a Importance of Various Types of Organized Sports Facilities (Among Those Who Say Constructing Such Facilities Is at Least “Somewhat” Important) (N=264) Very Important Somewhat Important Neither Important Nor Unimportant Not Very Important Not At All Important Average Score on 1-5 Scale Youth baseball and Little League fields 46% 23% 19% 9% 3% 4.0 Multi-sport fields – fields for soccer, lacrosse, football, etc. 43% 25% 19% 9% 4% 4.0 Youth softball fields 40% 26% 21% 8% 4% 3.9 Adult recreational softball fields 17% 22% 34% 19% 8% 3.2 Adult, full-size baseball fields 14% 20% 35% 21% 10% 3.1 Question: I am now going to read you some types of outdoor sports facilities. Rate the importance of each on a “1-to-5” scale, where a “5” is “very important” and “1” is “not at all important.” You can give me any number between “1” and “5.” How important are... Town of Oro Valley Parks Survey, June 2014 5 Importance of Constructing New General Recreation Facilities – One-half of residents think that it is “very important” for the Town to construct new recreational facilities for families and individuals who are not involved in organized sports programs. This especially true among women, 18 to 34 year-olds and residents for less than six years. Another four of ten say such facilities are “somewhat important,” with just one of ten who indicate they are unimportant. Table 3 Importance of Constructing New General Recreation Facilities Question: How important do you think it is for the Town to construct new recreational facilities for families and individuals who are not involved in organized sports programs? Would you say it is... 10% 40% 50% 0% 10% 20% 30% 40% 50% 60% Very important Somewhat important Not important N=306 Town of Oro Valley Parks Survey, June 2014 6 Importance of Various Types of General Recreation Facilities – Among the nine of ten who believe constructing general recreation facilities is important, the three specific features that elicit the highest degree of strong importance include: • Playgrounds and play structures (55% “very important” [a “5” on the “1-to-5” scale]/82% important to some degree, 4.3 average score. Strong importance is directly related to current park usage, and highest among 18 to 44 year-olds and 3- to-10 year Oro Valley residents.) • Ramadas and picnic areas (53% “very important”/78% important to some degree, 4.3 average score. Frequent Oro Valley park users, women and 18 to 54 year-olds [with an emphasis on 18 to 34’s] are more apt to indicate a high level of strong importance.) • Paved walking paths (50% “very important”/76% important to some degree, 4.2 average score. Important to both frequent and occasional park users, especially women – with fewer differences based on age.) At least one-half or so overall consider the following general recreation facilities important to some degree: • Natural surface trails (60% important [31% “very”], 3.7 average score. Women, those 45 or older and newer Town residents [for less than six years] indicate some increased importance – with few differences based on current park usage].) • Dog park (55% important [33% “very”], 3.6 average score. More highly important to occasional [3.7] or infrequent/non [3.5] park users as compared to frequent [3.3] visitors. Women and 35 to 54 year-olds also place increased importance on a dog park.) • Mountain bicycle trails (46% important [26% “very”], 3.3 average score. Progressively more frequent park visitors, women and 45 to 54 year-olds indicate increased importance. Meanwhile, most 18 to 34 year-olds think mountain bike trails are unimportant.) • Fitness courses (46% important [20% “very”], 3.3 average score. Of higher importance to both frequent [3.5] and infrequent/non park visitors [3.6]. On average, fitness courses score lower only among 45 to 54 year-olds.) Fewer overall place importance on sand volleyball courts (34% important, 2.9 average score) or, especially, golf courses (17% important, 2.2 average score). Town of Oro Valley Parks Survey, June 2014 7 Table 3a Importance of Various Types of General Recreation Facilities (Among Those Who Say Constructing Such Facilities Is at Least “Somewhat” Important) (N=274) Very Important Somewhat Important Neither Important Nor Unimportant Not Very Important Not At All Important Average Score on 1-5 Scale Playgrounds and play structures 55% 27% 15% 2% 1% 4.3 Ramadas and picnic areas 53% 25% 20% 1% 1% 4.3 Paved walking paths 50% 26% 19% 4% 2% 4.2 Natural surface trails 31% 29% 26% 10% 4% 3.7 Dog park 33% 22% 26% 11% 8% 3.6 Mountain bicycle trails 26% 20% 24% 17% 13% 3.3 Fitness courses 20% 26% 29% 14% 10% 3.3 Sand volleyball courts 12% 22% 30% 19% 16% 2.9 Golf courses 11% 6% 20% 17% 46% 2.2 Question: I am now going to read you some types of facilities for general recreation. Rate the importance of each on a “1-to-5” scale, where a “5” is “very important” and “1” is “not at all important.” You can give me any number between “1” and “5.” How important are... Town of Oro Valley Parks Survey, June 2014 8 Importance of Constructing Outdoor Recreational Facilities – A majority of residents survey say that is “very important” for the Town of Oro Valley to construct recreational facilities for school age children, young adults and older active adults (55%). The percentage of strong importance is high among both men (52%) and women (58%), as well as among those 18 to 64 (with an emphasis on 35 to 44 year- olds). Strong importance is directly related to current park usage. Another one-third overall think constructing outdoor recreational facilities is “somewhat important,” while just one of ten say it is “not important.” Table 4 Importance of Constructing Outdoor Recreation Facilities Question: How important do you think it is for the Town to construct new outdoor recreation facilities for school age children, young adults and older active adults? Would you say it is... 1% 11% 33% 55% 0% 10% 20% 30% 40% 50% 60% Very important Somewhat important Not important Don't know/Not sure N=306 Town of Oro Valley Parks Survey, June 2014 9 Importance of Various Types of Outdoor Recreation Facilities – Among the 88% of residents who report that constructing outside recreation facilities is at least “somewhat” important, two specific features are considered more highly important: • Outdoor basketball courts (27% “very important” [a “5” on the “1-to-5” scale]/56% important to some degree, 3.6 average score. On average, there are few differences based on current park usage or gender. Instead, it is 18 to 34 year-olds who place the highest degree of strong importance on outdoor basketball courts.) • Tennis courts (24% “very important”/52% important to some degree, 3.6 average score. More highly important to frequent park users, women and 18 to 34 year- olds.) More also consider a skate park important (37%) than not (29%), for a 3.1 average score. This is the case regardless of current park usage. As might be anticipated, perceived importance skews younger (18 to 34). Each of the remaining outdoor recreation facilities tested elicit a lower degree of importance overall: • Racquetball courts (28% important versus 38% not important, 2.8 average score. Some elevated importance among 18 to 34 year-olds.) • BMX park (20% important versus 48% not important, 2.6 average score. Only 18 to 34 year-olds indicate some increased importance.) • Pickleball courts (20% important versus 53% not important, 2.5 average score.) • Remote control model airplane park (19% important versus 57% not important, 2.4 average score.) • Ropes course (17% important versus 58% not important, 2.3 average score.) • Zip lines (17% important versus 64% not important, 2.2 average score.) Town of Oro Valley Parks Survey, June 2014 10 Table 4a Importance of Various Types of Outdoor Recreation Facilities (Among Those Who Say Constructing Such Facilities Is at Least “Somewhat” Important) (N=270) Very Important Somewhat Important Neither Important Nor Unimportant Not Very Important Not At All Important Average Score on 1-5 Scale Outdoor basketball courts 27% 29% 25% 10% 8% 3.6 Tennis courts 24% 28% 32% 9% 6% 3.6 Skate park 19% 18% 33% 16% 13% 3.1 Racquetball courts 13% 15% 33% 18% 20% 2.8 BMX park 11% 9% 32% 25% 23% 2.6 Pickleball courts 8% 12% 27% 22% 31% 2.5 Remote control model airplane park 8% 11% 24% 26% 31% 2.4 Ropes course 8% 9% 26% 20% 38% 2.3 Zip lines 11% 6% 18% 17% 47% 2.2 Question: I am now going to read you some types of outdoor recreation facilities. Rate the importance of each on a “1-to-5” scale, where a “5” is “very important” and “1” is “not at all important.” You can give me any number between “1” and “5.” How important are... Town of Oro Valley Parks Survey, June 2014 11 Importance of Constructing Multi-Use Community Centers With Facilities for Indoor Recreation/Fitness Programs – A slight majority of residents overall (51%) indicate that it is “very important” for the Town to construct a multi-use community center with facilities for indoor recreation and fitness programs, along with meeting rooms, classrooms and studios. These tend to be frequent (50%) or occasional (55%) park users, as well as women and 18 to 44 year-olds. Another one-third say constructing multi-use community centers is “somewhat important” – while 14% (more often infrequent/non users) say it is “not important.” Table 5 Importance of Constructing Multi-Use Community Centers With Facilities for Indoor Recreation/Fitness Programs Question: How important do you think it is for the Town to construct a multi-use community center with facilities for indoor recreation and fitness programs, along with meeting rooms, classrooms and studios? Would you say it is... 1% 14% 34% 51% 0% 10% 20% 30% 40% 50% 60% Very important Somewhat important Not important Don't know/Not sure N=306 Town of Oro Valley Parks Survey, June 2014 12 Importance of Various Types of Indoor Recreation, Fitness and Community Center Facilities – Among the 85% who say that constructing a multi-use center is important (to some degree), most think it is important that the center include: • Rooms for aerobics, yoga and similar classes (39% “very important” [a “5” on the “1-to-5” scale]/63% important to some degree, 3.8 average score. More highly important to women, with few differences [on average] based on age and frequent or occasional park visitors.) • Indoor court facilities, such as basketball, pickleball and racquetball/handball (37% “very important”/62% important to some degree, 3.8 average score. Important to both frequent and occasional park users – along with 18 to 44 year-olds.) • Cardio and weight training facilities (35% “very important”/57% important to some degree, 3.6 average score. High importance is directly related to current park usage, and higher among women and 18 to 34 year-olds. Consistent levels of importance among 35 to 64 year-olds.) Two other community center features are important to just less than one-half, including: • Meeting rooms and classrooms (45% important [25% “very”], 3.4 average score. More important to occasional or infrequent/non visitors [3.5 each versus 3.1 among frequent visitors], women and those 55 or older.) • Indoor walking track (47% important [28% “very”], 3.3 average score. Scores highest among infrequent/non visitors [3.7 versus 3.2 each among frequent or occasional users], women and 55 to 64 year-olds.) The two remaining features – art studios (3.2 average score) and computer labs (3.1 average score) – elicit some degree importance among about four of ten each (41% and 37%, respectively). Both (particularly computer labs) are more important to infrequent/non park visitors. Town of Oro Valley Parks Survey, June 2014 13 Table 5a Importance of Various Types of Indoor Recreation, Fitness and Community Center Facilities (Among Those Who Say Constructing Such Facilities Is at Least “Somewhat” Important) (N=260) Very Important Somewhat Important Neither Important Nor Unimportant Not Very Important Not At All Important Average Score on 1-5 Scale Rooms for aerobics, yoga and similar classes 39% 24% 22% 9% 7% 3.8 Indoor court facilities, such as basketball, pickleball and racquetball/handball 37% 25% 24% 7% 7% 3.8 Cardio and weight training facilities 35% 22% 23% 12% 9% 3.6 Meeting rooms and classrooms 25% 20% 32% 12% 10% 3.4 Indoor walking track 28% 19% 22% 13% 18% 3.3 Art studios 21% 20% 27% 21% 11% 3.2 Computer labs 21% 16% 28% 20% 15% 3.1 Question: I am now going to read you some types of indoor recreation, fitness and community center facilities that might be included in a multi-use center. Rate the importance of each on a “1-to-5” scale, where a “5” is “very important” and “1” is “not at all important.” You can give me any number between “1” and “5.” How important is are... Town of Oro Valley Parks Survey, June 2014 14 Importance of Constructing Facilities for Music, Dance and Theatrical Performances – Nearly eight of ten residents (78%) indicate that it is “very” (41%) or “somewhat” (37%) important for the Town of Oro Valley to construct facilities for music, dance and theatrical performances. Strong importance is higher among infrequent/non visitors (46% versus 40% each of frequent or occasional users) – as well as among men, 35 to 44 year-olds and residents 55 or older. Two of ten overall claim these facilities are “not important,” more often the most long-term (10+ years) Oro Valley residents. Table 6 Importance of Constructing Facilities for Music, Dance and Theatrical Performances Question: How important do you think it is for the Town to construct facilities for music, dance and theatrical performances? Would you say it is... 1% 21% 37% 41% 0% 10% 20% 30% 40% 50% Very important Somewhat important Not important Don't know/Not sure N=306 Town of Oro Valley Parks Survey, June 2014 15 Importance of Various Types of Music, Dance and Theatrical Performance Facilities – Among the 78% who think that constructing a performance facility is important to some degree, as many indicate that building an indoor theater (54%) is as important as an outdoor amphitheater (53%). However, a few more indicate that an indoor theater is more highly important (32% versus 26% for an outdoor amphitheater) – along with fewer who think it is unimportant (18% versus 23%, respectively). As a result, the average importance for an indoor theater (3.6 on the “1-to-5” scale) is slightly greater than that of an outdoor amphitheater (3.4). An indoor theater is more important women and 18 to 34 year-olds – while an outdoor amphitheater scores highest among frequent park visitors and 35 to 54 year-olds. Both types of theaters are particularly appealing to the newest Oro Valley residents (for less than three years). Table 6a Importance of Various Types of Music, Dance and Theatrical Performance Facilities (Among Those Who Say Constructing Such Facilities Is at Least “Somewhat” Important) (N=237) Very Important Somewhat Important Neither Important Nor Unimportant Not Very Important Not At All Important Average Score on 1-5 Scale Indoor theater 32% 22% 29% 11% 7% 3.6 Outdoor amphitheater 26% 27% 24% 10% 13% 3.4 Question: I am now going to read you some types of facilities for music, dance and theatrical performances. Rate the importance of each on a “1-to-5” scale, where a “5” is “very important” and “1” is “not at all important.” You can give me any number between “1” and “5.” How important is an... Town of Oro Valley Parks Survey, June 2014 16 Importance of Establishing Accessible Natural Resource Parks and Natural Open Space Areas – A majority of Oro Valley residents surveyed (54%) say that it is “very important” for the Town to establish natural resource parks and natural open space areas (featuring preserved tracts of desert land with trails but no other development, where the public can walk, hike, observe and enjoy the natural environment). This is especially true among occasional park visitors, women, 35 to 64 year-olds and 3-to-5 year Oro Valley residents. Among the rest, one-third indicate that such natural resource areas are “somewhat important” – while just 12% believe they are “not important.” Table 7 Importance of Establishing Accessible Natural Resource Parks and Natural Open Space Areas Question: How important do you think it is for the Town to establish accessible natural resource parks and natural open space areas featuring preserved tracts of desert land with trails but no other development, where the public can walk, hike, observe and enjoy the natural environment? Would you say it is... 12% 34% 54% 0% 10% 20% 30% 40% 50% 60% Very important Somewhat important Not important N=306 Town of Oro Valley Parks Survey, June 2014 17 Importance of Various Types of Natural Resource Areas – Among the 88% who think natural resource areas are important to some degree, the two options evaluated elicit very similar opinions: • Interpretive trails (42% important [20% “very”], 3.2 average score. On average, scores are slightly higher among occasional park visitors, women and 55 to 64 year- olds. Overall, 23% think these trails are unimportant – more often 18 to 34 year- olds.) • Birding areas (41% important [19% “very”], 3.2 average score. Women and those 55+ indicate increased importance – with few differences based on current park usage. Nearly three of ten consider birding areas to be not important. These tend to be men and 18 to 44 year-olds.) Table 7a Importance of Various Types of Natural Resource Areas (Among Those Who Say Establishing Such Areas Is at Least “Somewhat” Important) (N=268) Very Important Somewhat Important Neither Important Nor Unimportant Not Very Important Not At All Important Average Score on 1-5 Scale Interpretive trails 20% 22% 35% 8% 15% 3.2 Birding areas 19% 22% 31% 13% 15% 3.2 Question: I am now going to read you some types of natural resource areas. Rate the importance of each on a “1-to-5” scale, where a “5” is “very important” and “1” is “not at all important.” You can give me any number between “1” and “5.” How important are... Town of Oro Valley Parks Survey, June 2014 18 Revenue Option Evaluations Likelihood of Supporting Various Means to Fund Park Improvements and New Facilities – Residents were asked to rate (on a “1-to-5” scale) the likelihood of supporting three methods that the Town of Oro Valley might use to generate revenue to fund improvements for parks and new facilities. Of the three methods evaluated, only one elicits support. As indicated in Table 8, most residents (56%) are “very” (33%) or “somewhat” (23%) likely to support user fees to fund improvements for parks and new facilities. This compares to 19% who are not likely to support – resulting in a 3.6 average score on the “1-to-5” scale. There is similar likelihood of support among both frequent and occasional park visitors (3.7 each versus 3.2 among infrequent/non users), and regardless of gender or age (slightly lower only among those 65+). On the other hand, six of ten each are not likely to support a Town of Oro Valley property tax or increased sales tax (2.3 average score each) to fund park improvements and new facilities. Just two of ten each are likely to support either revenue-raising method. Table 8 Likelihood of Supporting Various Means of Raising Revenues to Fund Park Improvements and New Facilities in the Town of Oro Valley (N=306) Very Likely Somewhat Likely Neither Likely Nor Unlikely Not Very Likely Not At All Likely Average Score on 1-5 Scale User fees 33% 23% 24% 8% 11% 3.6 A Town of Oro Valley property tax 10% 10% 23% 14% 44% 2.3 Increased sales tax 8% 11% 22% 16% 42% 2.3 Question: In order to fund improvements for parks and new facilities, the Town of Oro Valley would need to raise revenues from residents – to supplement existing taxes and fees. As I read some different ways that the Town might use to generate revenue, tell me how likely you would be to support each on a “1-to-5” scale – where a “5” means you are “very likely” to support the method and “1” is “not at all likely.” You can give me any number between “1” and “5.” To fund improvements for parks and new facilities, how likely would you be to support... Town of Oro Valley Parks Survey, June 2014 A-1 TOWN OF ORO VALLEY NARANJA PARK PROGRAM AND FACILITY NEEDS OUTREACH SURVEY June 2014 Appendix Survey Methodology and Sample Selection This study consists of a 306-person, randomly-selected and statistically-projectable sample of adult (18 or older) Town of Oro Valley residents. A sampling plan (based on population distribution data from 2010 Census data) was developed to ensure the composition of the final sample was as close as possible to actual sex/age proportions in the Town of Oro Valley. All interviews were conducted by telephone during June 2014. The fielding was conducted using a computer-assisted predictive dialing system. Respondents included in this survey were selected through a random sampling procedure that allows equal probability of selection. This technique ensures that area residents who are not yet listed in a telephone directory (or choose not to be listed) are still eligible for selection. In addition, qualified respondents in each household were further randomized by the “last birthday” method. There was only one interview per residence. The telephone interviews lasted 12 minutes on average. Neither the interviewer nor the interviewee had any direct knowledge of the study sponsor. All interviews were conducted and validated by the FMR field staff. Cell Phone Only Households – To address “cell phone only” households (households without a land line that utilize a cell phone exclusively), FMR interviewers manually dialed randomly- generated cell phone numbers (based on known cell phone exchanges) and attempted to interview these households. Potential respondents reached through manually dialing were given three options: to proceed with the interview using their cell phone provider’s calling plan minute allocations; allow for a call- back at a mutually arranged time on a land line; or to call the cell phone back when minutes are “free” (i.e., weekends, evenings, etc.). Town of Oro Valley Parks Survey, June 2014 A-2 Statistical Reliability The statistics in this report are subject to a degree of variation that is determined by sample (or sub-sample) size. All research data are subject to a certain amount of variation for this reason. This does not mean that the figures represented in the various tables are wrong. It means that each percentage represents a possible “range” of response. This is because the random sampling process, as well as human behavior itself, can never be perfect. For this sample, N=300 (conservatively rounded), the statistical variation is +5.7% under the most extreme circumstances – with a 95% confidence level. That is, when the percentages shown in the tables are near 50% (the most conservative situation), the actual behavior or attitude may range from 44.3% to 55.7%. The 95% confidence level means that if the survey were repeated 100 times, in 95 cases the same range of response would result. Those percentages that occur at either extreme (for example, 10% or 90%) are subject to a smaller degree of statistical fluctuation (in this case, +3.3%). Sub-samples, such as gender or age groups, have a higher degree of statistical fluctuation due to the smaller number of respondents in those groupings. Confidence Intervals for a Given Percent (at the 95% confidence level) N Reported Percentage (Base for %) 10 or 90% 20 or 80% 30 or 70% 40 or 60% 50% 300 3.3% 4.5% 5.1% 5.5% 5.7% 250 3.8% 5.0% 5.8% 6.2% 6.3% 200 4.2% 5.5% 6.4% 6.8% 6.9% 100 5.9% 7.8% 9.0% 9.6% 9.8% 50 8.3% 11.1% 12.7% 13.6% 13.9% 25 11.8% 15.7% 18.0% 19.2% 19.6% Example: If the table shows that 20% of all respondents (when N=300) have a positive or negative attitude about a question category, the chances are 95 out of 100 that the true value is 20% +4.5 percentage points; that is, the range of response would be 15.5% to 24.5%. Town of Oro Valley Parks Survey, June 2014 A-3 Significance of Difference Between Percentages (at the 95% confidence level) Reported Percentage Average of the Bases of Percentages Being Compared 10 or 90% 20 or 80% 30 or 70% 40 or 60% 50% 250 5.2% 7.1% 8.1% 8.6% 8.8% 200 5.9% 7.8% 8.9% 9.6% 9.8% 150 6.8% 9.1% 10.3% 11.0% 11.3% 100 8.3% 11.0% 12.7% 13.6% 13.9% 50 11.7% 15.7% 18.0% 19.2% 19.7% 25 16.7% 22.2% 25.5% 27.2% 27.7% Example: If a table indicates that 35% of women have a positive attitude toward a category of response, and that 24% of men have the same attitude, the following procedure should be used to determine if this attitude is due to chance: The average base is 150 (rounded) for the reported percentages (151+155)/2=153. The average of the percentages is 30.0% – (35+24)/2=29.5%. The difference between the percentages is 11%. Since 11% is greater than 10.3% (the figure in the table for this base and this percentage), the chances are 95 out of 100 that the attitude is significantly different between female and male Oro Valley residents. Town of Oro Valley Parks Survey, June 2014 A-4 Category Definitions by Types of Facilities/Amenities Evaluated Category Description Facilities/Amenities Evaluated New Facilities for Organized Sports Programs Multi-sport fields – fields for soccer, lacrosse, football, etc. Youth baseball and Little League fields Youth softball fields Adult, full-size baseball fields Adult recreational softball fields General Recreation Facilities Playgrounds and play structures Ramadas and picnic areas Paved walking paths Fitness courses Natural surface trails Mountain bicycle trails Dog park Sand volleyball courts Golf courses Outdoor Recreation Facilities Outdoor basketball courts Skate park Tennis courts BMX park Racquetball courts Zip lines Ropes course Pickleball courts Remote control model airplane park Multi-Use Community Centers With Facilities for Indoor Recreation/Fitness Programs Indoor court facilities, such as basketball, pickleball and racquetball/handball Cardio and weight training facilities Rooms for aerobics, yoga and similar classes Indoor walking track Meeting rooms and classrooms Computer labs Art studios Music, Dance & Theatrical Performance Facilities Outdoor amphitheater Indoor theater Natural Resource Parks & Natural Open Space Areas Interpretive trails Birding areas TOWN OF ORO VALLEY NARANJA PARK PROGRAM AND FACILITY NEEDS OUTREACH SURVEY June 2014 COPY OF SURVEY INSTRUMENT FMR Associates, Inc. Job No. 309164-141 6045 E. Grant Road Final Design Tucson, Arizona 85712 June, 2014 Project No. 9 2 ORO VALLEY PARKS PROGRAM SURVEY - Screening Form - TIME INTERVIEW STARTED: ENDED: DATE: INTERVIEWER NAME: QUESTIONNAIRE NO.: (1-4) TELEPHONE: Hello, my name is . I am calling for FMR Research, a nationwide public opinion company. We are conducting a survey about existing and planned parks in the Town of Oro Valley. The results will be used to assist the Town in preparing park plans that best meet the needs of the community. This is not a sales call of any kind. All answers are strictly confidential and a matter of personal opinion. First... A. Do you reside in Oro Valley? Yes............................1 (CONTINUE) No.............................2 (TERMINATE) Not sure/Don't know..3 (TERMINATE) (15) B. For this survey, we need to speak with the male or female in your household who is eighteen years old or older and most recently celebrated a birthday. Are you that person? Yes.............................. (CONTINUE) No................................ (ASK TO SPEAK TO THE MALE OR FEMALE WHO MOST RECENTLY CELEBRATED A BIRTHDAY, RETURN TO INTRODUCTION, THEN TO Q.B) C. Please stop me when I read the age category you belong to. Are you... Men (47%) Women (53%) 17 or younger........(TERMINATE) 17 or younger .............(TERMINATE) 18 to 24.................01 18 to 24 .......................07 25 to 34.................02 25 to 34 .......................08 35 to 44.................03 35 to 44 .......................09 45 to 54.................04 45 to 54 .......................10 55 to 64.................05 55 to 64 .......................11 65 or older.............06 65 or older...................12 (16-17) For Coding: Sex: Man..........1 (140) Woman ....2 (160) (18) Age: 18 to 24....1 (20) 25 to 34....2 (25) 35 to 44....3 (40) 45 to 54....4 (55) 55 to 64....5 (60) 65 or older6 (100) (19) Rev: 6/17/14 13:45 Copyright, FMR Associates, Inc., 2014 -B- D. How many years have you lived in Oro Valley? (READ) Less than three years ....... 1 3-5 years........................... 2 6-10 years......................... 3 -OR- More than 10 years........... 4 (20) FMR Associates, Inc. Job No. 309164-141 6045 E. Grant Road Final Design Tucson, Arizona 85712 June, 2014 ORO VALLEY PARKS PROGRAM SURVEY - Main Questionnaire - 1. First, I am going to read you names of the various parks and related facilities in the Town of Oro Valley. For each, tell me if you visit nearly every day, once a week, one to three times a month, a few times each year or less often. If you have never visited, just let me know. How often do you visit...(READ ITEMS IN RANDOM ORDER) (READ LOCATIONS ONLY IF NEEDED FOR CLARIFICATION) Nearly 1-3 Times A Few Every Once a Per Times/ Less Don’t know/ (MARK ‘X’ WHERE START) Day Week Month Year Often Never Unfamiliar ( ) James D. Kriegh (“Kree”) Park 1 2 3 4 5 6 7 (21) (On Calle Concordia near Oracle Road) ( ) Cañada del Oro Riverfront Park 1 2 3 4 5 6 7 (22) (On Lambert Lane west of Oracle Road) ( ) West Lambert Lane Park 1 2 3 4 5 6 7 (23) (On Lambert Lane west of La Cañada) ( ) Honey Bee Canyon Park 1 2 3 4 5 6 7 (24) (On Rancho Vistoso and Honey Bee Trail) ( ) Naranja (“Na-rahn-hah”) Park 1 2 3 4 5 6 7 (25) (On Naranja (“Na-rahn-hah”) Drive east of La Cañada) ( ) Oro Valley Aquatic Center 1 2 3 4 5 6 7 (26) (On Calle Concordia near Oracle Road) ( ) Steam Pump Ranch 1 2 3 4 5 6 7 (27) (Near Oracle Road and First Avenue) ASK LAST: ( ) Finally, how often do you utilize the Town’s multi-use path system? 1 2 3 4 5 6 7 (28) (READ TO ALL): The Town of Oro Valley is updating its plan for parks throughout the community. It is also updating the plan for Naranja (“Na-rahn-hah”) Park – a largely undeveloped park site located north of Naranja (“Na-rahn-hah”) Drive, between La Cañada Drive and First Avenue. To begin...(CONTINUE TO Q.2) -2- 2. How important do you think it is for the Town to construct new facilities for organized sports programs? Would you say it is...(READ) Very important...........................................1 (ASK Q.2a) Somewhat important..................................2 (ASK Q.2a) -OR- Not important.............................................3 (SKIP TO Q.3) (DO NOT READ) Don’t know/Not sure..................................4 (SKIP TO Q.3) (29) 2a. I am now going to read you some types of outdoor sports facilities. Rate the importance of each on a “1-to-5” scale, where a “5” is “very important” and “1” is “not at all important.” You can give me any number between “1” and “5.” How important are...(READ ITEMS IN RANDOM ORDER) Neither Very Important Nor Not at All (MARK ‘X’ WHERE START) Important Unimportant Important ( ) Multi-sport fields – fields for soccer, lacrosse, football, etc. 5 4 3 2 1 (30) ( ) Youth baseball and Little League fields 5 4 3 2 1 (31) ( ) Youth softball fields 5 4 3 2 1 (32) ( ) Adult, full-size baseball fields 5 4 3 2 1 (33) ( ) Adult recreational softball fields 5 4 3 2 1 (34) 3. How important do you think it is for the Town to construct new recreational facilities for families and individuals who are not involved in organized sports programs? Would you say it is...(READ) Very important...........................................1 (ASK Q.3a) Somewhat important..................................2 (ASK Q.3a) -OR- Not important.............................................3 (SKIP TO Q.4) (DO NOT READ) Don’t know/Not sure..................................4 (SKIP TO Q.4) (35) 3a. I am now going to read you some types of facilities for general recreation. Rate the importance of each on a “1-to-5” scale, where a “5” is “very important” and “1” is “not at all important.” You can give me any number between “1” and “5.” How important are...(READ ITEMS IN RANDOM ORDER) Neither Very Important Nor Not at All (MARK ‘X’ WHERE START) Important Unimportant Important ( ) Playgrounds and play structures 5 4 3 2 1 (36) ( ) Ramadas and picnic areas 5 4 3 2 1 (37) ( ) Paved walking paths 5 4 3 2 1 (38) ( ) Fitness courses 5 4 3 2 1 (39) ( ) Natural surface trails 5 4 3 2 1 (40) ( ) Mountain bicycle trails 5 4 3 2 1 (41) ( ) Dog park 5 4 3 2 1 (42) ( ) Sand volleyball courts 5 4 3 2 1 (43) ( ) Golf courses 5 4 3 2 1 (44) -3- 4. How important do you think it is for the Town to construct new outdoor recreation facilities for school age children, young adults and older active adults? Would you say it is...(READ) Very important...........................................1 (ASK Q.4a) Somewhat important..................................2 (ASK Q.4a) -OR- Not important.............................................3 (SKIP TO Q.5) (DO NOT READ) Don’t know/Not sure..................................4 (SKIP TO Q.5) (45) 4a. I am now going to read you some types of outdoor recreation facilities. Rate the importance of each on a “1-to-5” scale, where a “5” is “very important” and “1” is “not at all important.” You can give me any number between “1” and “5.” How important are...(READ ITEMS IN RANDOM ORDER) Neither Very Important Nor Not at All (MARK ‘X’ WHERE START) Important Unimportant Important ( ) Outdoor basketball courts 5 4 3 2 1 (46) ( ) Skate park 5 4 3 2 1 (47) ( ) Tennis courts 5 4 3 2 1 (48) ( ) BMX park 5 4 3 2 1 (49) ( ) Racquetball courts 5 4 3 2 1 (50) ( ) Zip lines (1) 5 4 3 2 1 (51) ( ) Ropes course (2) 5 4 3 2 1 (52) ( ) Pickleball courts (3) 5 4 3 2 1 (53) ( ) Remote control model airplane park 5 4 3 2 1 (54) (1) (INTERVIEWER: IF RESPONDENT NEEDS A DEFINITION OF “ZIP LINES,” SAY: “A user in a harness rides or glides along a cable mounted above an incline.”) (2) (INTERVIEWER: IF RESPONDENT NEEDS A DEFINITION OF “ROPES COURSE,” SAY: “Individual users or teams go across sturdy ropes suspended a few feet above the ground.”) (3) (INTERVIEWER: IF RESPONDENT NEEDS A DEFINITION OF “PICKLEBALL COURTS,” SAY: “Pickleball is a racquet sport similar to tennis and badminton that utilizes paddles, a net and a ball similar to a wiffle ball.”) -4- 5. How important do you think it is for the Town to construct a multi-use community center with facilities for indoor recreation and fitness programs, along with meeting rooms, classrooms and studios? Would you say it is...(READ) Very important...........................................1 (ASK Q.5a) Somewhat important..................................2 (ASK Q.5a) -OR- Not important.............................................3 (SKIP TO Q.6) (DO NOT READ) Don’t know/Not sure..................................4 (SKIP TO Q.6) (55) 5a. I am now going to read you some types of indoor recreation, fitness and community center facilities that might be included in a multi-use center. Rate the importance of each on a “1-to-5” scale, where a “5” is “very important” and “1” is “not at all important.” You can give me any number between “1” and “5.” How important is are...(READ ITEMS IN RANDOM ORDER) Neither Very Important Nor Not at All (MARK ‘X’ WHERE START) Important Unimportant Important ( ) Indoor court facilities, such as basketball, pickle ball and racquetball/handball 5 4 3 2 1 (56) ( ) Cardio and weight training facilities 5 4 3 2 1 (57) ( ) Rooms for aerobics, yoga and similar classes 5 4 3 2 1 (58) ( ) Indoor walking track 5 4 3 2 1 (59) ( ) Meeting rooms and classrooms 5 4 3 2 1 (60) ( ) Computer labs 5 4 3 2 1 (61) ( ) Art studios 5 4 3 2 1 (62) 6. How important do you think it is for the Town to construct facilities for music, dance and theatrical performances? Would you say it is...(READ) Very important...........................................1 (ASK Q.6a) Somewhat important..................................2 (ASK Q.6a) -OR- Not important.............................................3 (SKIP TO Q.7) (DO NOT READ) Don’t know/Not sure..................................4 (SKIP TO Q.7) (63) 6a. I am now going to read you some types of facilities for music, dance and theatrical performances. Rate the importance of each on a “1-to-5” scale, where a “5” is “very important” and “1” is “not at all important.” You can give me any number between “1” and “5.” How important is an...(READ ITEMS IN RANDOM ORDER) Neither Very Important Nor Not at All (MARK ‘X’ WHERE START) Important Unimportant Important ( ) Outdoor amphitheater 5 4 3 2 1 (64) ( ) Indoor theater 5 4 3 2 1 (65) -5- 7. How important do you think it is for the Town to establish accessible natural resource parks and natural open space areas featuring preserved tracts of desert land with trails but no other development, where the public can walk, hike, observe and enjoy the natural environment? Would you say it is...(READ) Very important...........................................1 (ASK Q.7a) Somewhat important..................................2 (ASK Q.7a) -OR- Not important.............................................3 (SKIP TO Q.8) (DO NOT READ) Don’t know/Not sure..................................4 (SKIP TO Q.8) (66) 7a. I am now going to read you some types of natural resource areas. Rate the importance of each on a “1-to-5” scale, where a “5” is “very important” and “1” is “not at all important.” You can give me any number between “1” and “5.” How important are...(READ ITEMS IN RANDOM ORDER) Neither Very Important Nor Not at All (MARK ‘X’ WHERE START) Important Unimportant Important ( ) Interpretive trails 5 4 3 2 1 (67) ( ) Birding areas 5 4 3 2 1 (68) 8. In order to fund improvements for parks and new facilities, the Town of Oro Valley would need to raise revenues from residents – to supplement existing taxes and fees. As I read some different ways that the Town might use to generate revenue, tell me how likely you would be to support each on a “1-to-5” scale – where a “5” means you are “very likely” to support the method and “1” is “not at all likely.” You can give me any number between “1” and “5.” To fund improvements for parks and new facilities, how likely would you be to support...(READ ITEMS IN RANDOM ORDER) Neither Very Likely Nor Not at All (MARK ‘X’ WHERE START) Likely Unlikely Likely ( ) User fees 5 4 3 2 1 (69) ( ) Increased sales tax 5 4 3 2 1 (70) ( ) A Town of Oro Valley property tax 5 4 3 2 1 (71) (END): THANK RESPONDENT FOR HIS/HER TIME AND SAY: “IN CASE THE OFFICE WANTS TO CHECK MY WORK, MAY I HAVE YOUR FIRST NAME AND THE ZIP CODE OF YOUR HOME ADDRESS?” RESPONDENT’S NAME ZIP CODE (72-76) * * * (REMEMBER TO VERIFY RESPONDENT’S PHONE NUMBER) * * * FOR OFFICE USE ONLY: Validation Questions Q Q Q Q Q Q Parks/Recreation Policies in Your Voice, Our Future General Plan References to Naranja Park, ball fields, and youth sports BALL PARKS: Multi-use fields are mentioned specifically on page 9 as part of Oro Valley’s vision for the future: ∑Provide more parks, recreation and cultural opportunities for all ages YOUTH SPORTS: Youth sports are referred to under private and public recreation providers on page 67: ∑Action 41-Address the adequacy of Town parks and recreation programs and facilities by o Periodically assessing the availability of recreation opportunities for all residents within the Town. o Enhancing and maintaining open space, park and recreation facilities and programs through existing new resources, private and public recreation providers, partnerships, volunteers, and others as appropriate. o Considering the affordability and availability of existing and future parks and recreation programs to residents. OTHER GENERAL STATEMENTS: 1. On page 9, under the Oro Valley’s vision for the future: Keep Oro Valley a family-friendly community o Parks, hiking, recreation and swimming pool access o Good schools o Activities for all ages o Family entertainment o Opportunities to interact with all ages o Attract young professionals 2. On page 14, under Community Goals: Goal E-A high quality parks, recreation and open space system that is accessible, comprehensive, connected and serves the community’s needs. 3. On page 21, policies addressing the community goals specifically focusing on creating a complete community: Policy CC.2-Provide appropriate park facilities and services for residents of all ages in the community Policy CC.5-Cooperate with other jurisdictions, agencies and organizations to develop joint use and multiuse facilities that benefit and address the recreation and social needs of the multigenerational community ACTIONS: Action 5-Develop strategies and resources to promote Oro Valley by identifying and highlighting key assets such as: ∑Public safety, natural beauty, public art, infrastructure and sense of community. ∑Its ideal location for outdoor recreation and sports tourism. ∑Its community gathering places as premier destinations for retail, restaurants, entertainment, and public art. Action 14-Develop strategies to increase opportunities for recreational and community events by: ∑Planning for sports tournaments, culinary events, festivals or fairs. Action 39-Evaluate and address the Town’s community park system conditions and needs by: ∑Creating an inventory and maintenance plan for existing parks and open space in the community. ∑Identifying target locations for needed community recreational amenities. ∑Periodically reviewing and updating the Parks Master Plan. ∑Developing and integrating strategies that address park shortages, preservation needs and safety upgrades into the Parks Master Plan Action 41-Address the adequacy of Town parks and recreation programs and facilities by ∑Periodically assessing the availability of recreation opportunities for all residents within the Town. ∑Enhancing and maintaining open space, park and recreation facilities and programs through existing new resources, private and public recreation providers, partnerships, volunteers, and others as appropriate. ∑Considering the affordability and availability of existing and future parks and recreation programs to residents. Action 43-Study and evaluate the feasibility of the development of additional and improved public recreation or community education facilities in the community. Action 44-Develop a strategy to acquire property for larger recreational and community use of sufficient size and location that access can be shared equitably by multiple neighborhoods and all residents.    Town Council Regular Session Item # 3. Meeting Date:04/05/2017   Requested by: Peter Abraham Submitted By:Peter Abraham, Water Department:Water Information SUBJECT: RESOLUTION NO. (R)17-14, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, THE TOWN OF MARANA AND THE TOWN OF ORO VALLEY RELATING TO THE PARTNERSHIP FOR THE DESIGN, CONSTRUCTION, MANAGEMENT, OPERATION AND MAINTENANCE OF THE NORTHWEST RECHARGE, RECOVERY AND DELIVERY SYSTEM RECOMMENDATION: On March 13, 2017, the Oro Valley Water Utility Commission voted unanimously to recommend to Town Council to approve the IGA.  Staff also recommends approval. EXECUTIVE SUMMARY: The Town of Oro Valley Water Utility desires to deliver its Central Arizona Project (CAP)  water through a regional project with Metro Water and the Town of Marana utilities known as the Northwest Recharge and Recovery Delivery System (NWRRDS). Our CAP water will be stored underground at the Lower Santa Cruz Replenishment Project, Avra Valley Recharge Project and/or BKW Farms Ground Water Savings Facility. The Town of Oro Valley Water Utility desires to deliver our recovered CAP water through the NWRRDS, which consists of recovery wells, pipeline and reservoir that are shared through contractual capacity in accordance with  the IGA. From the NWRRDS reservoir, Oro Valley will then transport the water to the Oro Valley Water Service Area through a booster pump station and pipeline, which will be independently owned and operated by Oro Valley. The major elements of the IGA are as follows:  - The term of the agreement is through June 30, 2075.  - The agreement has a clause to withdraw prior to the commencement of construction. - The Town of Oro Valley Water Utility will have the contractual right to an allocated capacity of 4,000 acre-ft per year within the     NWRRDS. - Metropolitan Domestic Water Improvement District will be the operating agent for the NWRRDS system. - The agreement establishes a 3-member committee with a representative from each utility to oversee the NWRRDS project. - The agreement details the design, construction, management, operation and maintenance of the NWRRDS system. - Oro Valley's portion of the cost of the shared NWRRDS project is estimated at $12,467,660. The independent pipeline cost is    $11,182,340, for a total cost to Oro Valley of $23,650,000. BACKGROUND OR DETAILED INFORMATION: In a joint regional effort, the Metropolitan Domestic Water Improvement District, the Town of Marana, and the Town of Oro Valley Water Utility have developed an Intergovernmental Agreement relating to the partnership for the design, construction, management, and operation and maintenance of the Northwest Recharge, Recovery and Delivery System (NWRRDS).  This water production and delivery system will deliver and recover stored and recharged Central Arizona Project (CAP) water from recovery wells and deliver it to a shared reservoir.  From this reservoir, each party will independently build a booster pump and pipeline system to deliver and transport their recovered CAP water to their respective service areas. This IGA represents further regional cooperation for the delivery of additional CAP water to Southern Arizona which benefits the aquifer by reducing reliance on groundwater supplies.  The delivery of our CAP water through the utilization of this partnership agreement saves on capital, as well as operations & maintenance costs as compared to wheeling costs through the Tucson Water system. In addition, the NWRRDS provides for future renewable water supply for our growing community. The major elements of the IGA are as follows: - The term of the agreement is through June 30, 2075.  - The agreement has a clause to withdraw prior to the commencement of construction. - The Town of Oro Valley Water Utility will have the contractual right to an allocated capacity of 4,000 acre-ft per year within the   NWRRDS. The project will be owned by Metro Water. - The Metropolitan Domestic Water Improvement District will be the operating agent for the NWRRDS system subject to the terms   and conditions of the IGA. - The agreement establishes a 3-member committee with equal voting rights to oversee the NWRRDS project.  The members of the    NWRRDS Committee will be the Director of the Oro Valley Water Utility, Director of the Marana Water Utility, and the General   Manager of the Metropolitan Domestic Water Improvement District. The Committee Chair is rotated annually. - As operating agent, the Metropolitan Domestic Water Improvement District is responsible for the design, construction,   management, and operation of the project.  - The NWRRDS Committee will participate in and vote on the design, construction, management and operations. - Individual parties will be responsible for their own debt financing.  - If Operating Agent assigns its rights to another party, the remaining parties vote for a - If Operating Agent assigns its rights to another party, the remaining parties vote for a new Operating Agent. - The total estimated cost of the regional NWRRDS project is $28,287,000. Oro Valley's share of this cost is $12,467,660 The NWRRDS partnership ends at the reservoir located near Twin Peaks Road and Lambert Lane. From this location, each party will independently deliver their recovered CAP water to their respective service areas. The booster pump and pipeline system independently owned and operated by Oro Valley is estimated to be an additional cost of $11,182,340. Water Utility staff has worked closely with Metro Water and Marana utilities to develop the project configuration and estimated costs. FISCAL IMPACT: The capital investment for Oro Valley under the IGA is estimated at $12,467,660 and represents our share of the capital costs required to develop the NWRRDS project. An estimated additional capital investment of $11,182,340 is required to design, and construct the remaining portion of the infrastructure required to then transport the water from the NWRRDS to the Oro Valley Water Service Area, which will be independently owned and operated by Oro Valley Water Utility. The total capital cost is estimated to be $23,650,000 for Oro Valley. NWRRDS financing will need to be available in Fiscal Year 2020-21 when NWRRDS construction is expected to begin. Proposed financing could come from the issuance of bonds and/or loans from the Water Infrastructure Finance Authority (WIFA). Debt service payments would be funded through Groundwater Preservation Fees (50%) and Impact Fees (50%). Annual debt service amounts will be based on the final amount financed, the term of the financing and the prevailing interest rates at the time the financing is secured. A net present value analysis for the NWRRDS costs as compared to the costs for wheeling our CAP water through the Tucson Water system shows that the NWRRDS project is more economical and cost effective. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)17-14, authorizing and approving an intergovernmental agreement between the Metropolitan Domestic Water Improvement District, The Town of Marana, and The Town of Oro Valley relating to the partnership for the design, construction, management, operation and maintenance of the Northwest Recharge, Recovery and Delivery System. Attachments (R)17-14 NWRRDS  NWRRDS IGA  RESOLUTION NO. (R)17-14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT THE TOWN OF MARANA AND THE TOWN OF ORO VALLEY RELATING TO THE PARTNERSHIP FOR THE DESIGN, CONSTRUCTION, MANAGEMENT AND OPERATION AND MAINTENANCE OF THE NORTHWEST RECHARGE, RECOVERY AND DELIVERY SYSTEM WHEREAS, pursuant to ARS § 11-952, the Town of Oro Valley is authorized to enter Intergovernmental Agreements for joint and cooperative action with other public agencies; and WHEREAS, pursuant to ARS § 9-511, et seq., the Town has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and the without the Town’s corporate boundaries; and WHEREAS, The Town of Oro Valley Water Utility desires to recover the Central Arizona Project (CAP) water stored underground at the Lower Santa Cruz Replenishment Project, Avra Valley Recharge Project and BKW Farms Ground Water Savings Facility, and to deliver the recovered water to the NorthWest Recharge, Recovery and Delivery System (NWRRDS), and then transport the water from the NWRRDS to the Oro Valley Water Service Area; and WHEREAS, it is in the best interest of the Town to enter into the proposed Intergovernmental Agreement with The Metropolitan Domestic Water Improvement District and The Town of Marana to set forth the terms and conditions of the agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1. The Intergovernmental Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, between the Town of Oro Valley and The Metropolitan Domestic Water Improvement District and The Town of Marana regarding the delivery of the Town’s CAP Water is hereby authorized and approved. SECTION 2. The Mayor, the Water Utility Director and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 5th day of April, 2017. TOWN OF ORO VALLEY Dr. Satish I. Hiremath, Mayor ATTEST:APPROVED AS TO FORM : Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date:Date: EXHIBIT “A” Error! Unknown document property name.100306390_1 NORTHWEST RECHARGE, RECOVERY, AND DELIVERY SYSTEM (NWRRDS) INTERGOVERNMENTAL AGREEMENT The Parties to this Northwest Recharge, Recovery, and Delivery System (NWRRDS) Intergovernmental Agreement (“Agreement”) are the Metropolitan Domestic Water Improvement District, an Arizona domestic water improvement district (“MDWID”); the Town of Marana, an Arizona municipal corporation (“Marana”); and the Town of Oro Valley, an Arizona municipal corporation (“Oro Valley”). RECITALS A. Each of the Parties has stored water underground or has utilized a groundwater savings facility for later recovery and use as provided by Arizona law. B. Each Party desires to recover the water stored underground or credited through a groundwater savings facility and utilize that water as provided by Arizona law. C. Each Party desires to work together with the other Parties in good faith to recover and deliver renewable water to foster water resource stability regionally and in each Party’s respective service area. D. To allow for the transportation and use of the recovered water, each of the Parties desires to participate in the design, construction, operation, and maintenance of the NWRRDS in the manner described in this Agreement. E. MDWID has stored water underground at certain recharge facilities and desires to recover that water from recovery wells pursuant to Arizona law. F. MDWID further desires to deliver the recovered water to the NWRRDS, which will transport the water to the Herb Johnson Reservoir, which will be MDWID’s Point of Entry. G. Marana desires to recover its water stored underground at the Lower Santa Cruz Replenishment Project or through a groundwater savings facility, deliver the recovered water through the Marana Airport water system to the NWRRDS, and transport its water to the Marana Water Service Area. H. Oro Valley desires to recover the water stored underground at the Lower Santa Cruz Replenishment Project, the Avra Valley Recharge Project and the BKW Farms Ground Water Savings Facility, deliver the recovered water to the NWRRDS, and transport the water to the Oro Valley Water Service Area. I. Pursuant to A.R.S. § 11-952, the Parties have the right to enter into agreements and contracts with other public agencies to further their common interests. 2 AGREEMENT In consideration of the premises and mutual covenants and agreements herein set forth, the Parties agree as follows: 1. DEFINITIONS: As used in this Agreement, the following terms, when capitalized, have the meanings indicated: 1.1. “ADWR”" means the Arizona Department of Water Resources. 1.2. “Allocated Capacity” means the amount of Operating Capacity in acre feet (AF) allocated to each Party as specifically set forth in Exhibit B. 1.3. “Annual Report” means a summary of all expenditures incurred throughout the year, a reconciliation based on each Party’s usage and calendar year payments and the quantity of metered water delivered to each Party compared to the Party’s requested annual delivery. 1.4. “Authorized Representative” means an individual, as set forth in Section 6.1, who will serve on the NWRRDS Committee and render decisions on behalf of a Party on matters, including, but not limited to, approval of contractual change orders, annual operating costs, annual delivery orders and any other matters that the NWRRDS Committee has authority to determine. 1.5. “Booster Station” means a facility located along the NWRRDS pipeline that will pump the water to allow the water to reach its higher elevation destination(s). 1.6. “Central Arizona Project” or “CAP” means the water delivery works of the CAP including, but not limited to, the CAP canal, its turnout structures, pumping plants, and associated measuring devices. 1.7. “Construction Insurance” means the insurance coverage applicable to Design and Construction Work for the NWRRDS, procured and maintained as provided in Section 15 and Exhibit D. 1.8. “Design and Construction Work” means all work associated with constructing, expanding or improving the NWRRDS, including but not limited to, all planning, engineering, design, permitting, construction, reconstruction, contract preparation, purchasing, supervision, inspection, accounting, software development and implementation, testing and start-up for the NWRRDS prior to the In-Service Date, and for cancellation of the NWRRDS if the Parties decide not to complete it. 1.9. “Design and Construction Costs” means the costs of performing Design and Construction Work, as described in Section 7. 3 1.10. “Force Majeure Event” means any event beyond the reasonable control of a Party, including but not limited to failure of or threatened failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority, and action or non-action by or failure to obtain the necessary authorizations or approvals from any governmental agency or authority not a Party to this Agreement, which by exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. 1.11. “Herb Johnson Reservoir” means the 5,000,000 gallon reservoir owned by MDWID located near Shannon Road and Linda Vista Blvd. 1.12. “In-Service Date” means the date on which the Operating Agent determines the NWRRDS to be operational at its then current designed capacity. 1.13. “NWRRDS” or “Northwest Recharge, Recovery, and Delivery System” means the water delivery system, which is composed of, but not limited to, a pipeline, certain land rights, certain well sites, and the forebay site, all as described on Exhibit A. 1.14. “NWRRDS Committee” means a committee established pursuant to Section 6 of this Agreement. 1.15. “Operating Agent” means the Party responsible for the performance of Design and Construction Work and Operations and Maintenance Work in accordance with this Agreement. 1.16. “Operating Capacity” means the annual amount of water in AF that can be transported through the NWRRDS. 1.17. “Operating Insurance” means insurance coverage applicable to Operations and Maintenance Work for the NWRRDS, to be procured and maintained in accordance with Section 15 and Exhibit E. 1.18. “Operations and Maintenance Costs” means the costs of performing Operations and Maintenance Work as described in Sections 8 and 9 and Exhibit C. 1.19. “Operations and Maintenance Work” means the work occurring after the In- Service Date associated with operations and maintenance of the NWRRDS and administering the terms of this Agreement. 1.20. “Parties” shall mean collectively, MDWID, Marana, and Oro Valley. Each may be referred to as a “Party”. 1.21. “Point of Entry” means the point where water transported through the NWRRDS exits the NWRRDS for delivery to the applicable Party in compliance with applicable drinking water standards. The Point of Entry for 4 each Party is located approximately fifty (50) feet south of the reservoirs and is specifically located at the valve downstream from the meter to measure deliveries to each Party, as described on Exhibit A. 1.22. “Source” means the point(s) where a Party’s water is received by the NWRRDS for delivery to the Party’s Point of Entry. The Source for each Party is set forth in Exhibit A. 1.23. “Third Party Liability” means any liability arising from a claim brought by a third party not a Party to this Agreement in relation to the Design and Construction Work, Operations and Maintenance Work, or the NWRRDS. 2. TERM AND WITHDRAWAL. 2.1. This Agreement shall become effective upon recordation with the Pima County Recorder (“Effective Date”) and shall remain in effect through June30, 2075, unless earlier terminated in accordance with the terms of this Agreement. On or before June 30, 2070, the Parties shall commence negotiations in good faith to address the renewal of the Agreement. 2.2. The Parties may terminate this Agreement at any time by written agreement of all Parties. 2.3. Upon expiration or termination of this Agreement, ownership of the NWRRDS shall remain with MDWID. Each remaining Party shall share in all costs for decommissioning of the infrastructure not owned by MDWID and payment of any expenses remaining under this Agreement in proportion to the Party’s Authorized Capacity percentages as set forth in Exhibit B. 2.4. Upon ninety (90) days’ written notice, a Party may withdraw from this Agreement subject to the following and Sections 2.5 and 2.6. 2.4.1. Subsequent to a Party’s withdrawal under this section, the remaining Parties shall have the option to assume the withdrawn Party’s Allocated Capacity and future obligations related thereto (except as provided by Section 2.5) as agreed to by the Parties without compensation to the withdrawing Party; provided, that if the Parties cannot agree to a new allocation of the withdrawn Party’s Allocated Capacity within thirty (30) days, the withdrawn Party’s Allocated Capacity and future obligations shall be either re-allocated in the ratio of each remaining Party’s Allocated Capacity in the NWRRDS to the sum of all the remaining Parties’ Allocated Capacity in the NWRRDS or will not be allocated to any remaining Party, as determined by the NWRRDS Committee. Exhibit B shall be revised to reflect the effect of any withdrawal. 2.4.2. Notwithstanding anything to the contrary in this Agreement, (i) if a Party, at the sole discretion of the Party, withdraws from this Agreement prior to the award of construction contract for the Design and Construction 5 Work of the NWRRDS, the Party shall be responsible for any and all additional costs related to the revised and modified design of the NWRRDS to reflect the change in capacity and any other changes to the design made necessary at that time by the withdrawal; and (ii) if a Party withdraws from this Agreement after the award of construction contract for the Design and Construction Work of the NWRRDS, the withdrawing Party shall be responsible for its share of all Design and Construction Costs and other costs due from such Party prior to the effective date of the withdrawal regardless of its withdrawal from this Agreement. 2.5. Each Party shall remain bound by the terms and conditions set forth in Section 16.7 following either withdrawal from participation in or termination of this Agreement. This Section 2.5 shall survive expiration or termination of this Agreement. 2.6. A Party withdrawing from this Agreement pursuant to Section 2.4 shall be obligated to pay for its share of all costs due from such Party during the period in which it participated in this Agreement even if such costs or expenses are allocated after the effective date of the Party’s withdrawal. 3. OWNERSHIP OF NORTHWEST RECHARGE, RECOVERY, AND DELIVERY SYSTEM 3.1. MDWID shall own all title, interest and rights to the Northwest Recharge, Recovery, and Delivery System, excluding each Party’s contractual right to its Allocated Capacity in the NWRRDS and each Party’s other rights and obligations in relation to the NWRRDS. The Allocated Capacity rights of Oro Valley and Marana are intangible assets with the ability to capitalize and depreciate independently by Oro Valley and Marana in accordance with the Government Accounting Standards Board at the time of the approval of this Agreement. MDWID will only capitalize and depreciate MDWID’s contributed portion to the NWRRDS. 4. ALLOCATED CAPACITY 4.1. Each Party shall have the contractual right to its Allocated Capacity in the NWRRDS as set forth in Exhibit B. Exhibit B shall be revised by the Operating Agent to reflect any changes in Allocated Capacity during the term of this Agreement in accordance with the terms of this Agreement. 4.2. This Agreement entitles each Party to use certain segments of the NWRRDS based on proportional capacity as described further in Exhibit B at any time after the In-Service Date for receipt of water into the NWRRDS at the Party’s Source and delivery from the NWRRDS at the Party’s Point of Entry, subject to the conditions specified in this Agreement. 4.3. Subject to Sections 4.4, 4.5, 16.2 and 16.3 and the provisions of this Section 4.3, a Party may make available to a Party or non-party, a portion, or all, of its 6 Allocated Capacity; provided, that, if a Party withdraws from or otherwise ceases to be a Party to this Agreement for any reason, the lease or other conveyance shall also terminate. Any lease or other similar conveyance of a Party’s Allocated Capacity shall include language making such agreement immediately terminate upon a Party’s withdrawal or other termination of its participation under this Agreement. 4.4. Notwithstanding anything to the contrary in this Agreement, any lease or other similar conveyance shall be subject to the Party seeking to make all or part of its Allocated Capacity available to another party offering such capacity to the following parties in the following priority: (a) other Parties to this Agreement; (b) other local water providers in the Tucson metropolitan area; and (c) other third parties. 4.5. Any further sub-lease or other similar conveyance by a Party described in Subsection (b) or (c) of Section 4.4 shall be subject to prior approval by the NWRRDS Committee. 4.6. In the event of a conflict between the terms and conditions of a lease, assignment or conveyance of interest and this Agreement, this Agreement shall control. 4.7. The Parties are not obligated to use their Allocated Capacity, but must continue to pay the Base Usage Rate per acre foot of the parties Allocated Capacity as required under the agreed-upon methodology in Exhibit C even if the Party’s Allocated Capacity is not used. 4.8. Each Party shall be responsible for the design, construction and maintenance of its own infrastructure after the Point of Entry, which is not part of the NWRRDS infrastructure required to deliver its water to its service area, including, but not limited to, all source delivery points and delivery systems. 5. OPERATING AGENT DUTIES 5.1. General Duties 5.1.1. The Operating Agent shall be MDWID; if MDWID assigns its rights in this Agreement to another entity (including ownership of the NWRRDS), the Operating Agent shall be determined by a vote of the remaining Parties and new assignees pursuant to Section 6.5 within thirty (30) days of the effective date of the assignment/transfer by MDWID. In the event that only one of the original Parties remain, then that remaining single party shall have first right of refusal to become the Operating Agent. 5.1.2. The Operating Agent shall administer and monitor the NWRRDS in accordance with all applicable laws. The Operating Agent shall conduct all duties under this Agreement in accordance with industry standards and shall provide to all Parties the information required under this Agreement in 7 accordance with the timeframes required under this Agreement and with such level of detail as to allow each Party to fulfill its obligations under this Agreement. 5.1.3. The Operating Agent shall act as agent for the Parties and on its own behalf to administer the Design and Construction Work as well as the Operations and Maintenance Work of the NWRRDS and perform other functions consistent with the purpose and terms of this Agreement not otherwise provided for herein. The Operating Agent shall perform its duties and responsibilities in accordance with Section 5.2 and 5.3 below (as applicable). 5.2. Design and Construction Work Duties 5.2.1. The Operating Agent, up to the Points of Entry, shall: 5.2.1.1. Complete all Design and Construction Work, including managing all bids and procurement in accordance with applicable law. 5.2.1.2. Obtain all permits, licenses, approvals, contracts and insurance as required to perform and complete all Design and Construction Work. 5.2.1.3. Manage the bidding process for all Design and Construction Work including the award of all Design and Construction Work. 5.2.1.4. Provide bidding and contract documents to the NWRRDS Committee for review. 5.2.1.4.1. Comments on the bidding and contract documents shall be discussed during regularly scheduled meetings during the design, construction, and operation of the NWRRDS and approved as set forth in Section 6.7. 5.2.1.5. Enter into and, following execution, administer all contracts associated with the NWRRDS (not including leases or other similar conveyances described in Section 4) subject to Section 6.7. 5.2.1.6. Approve change orders in accordance with this subsection. 5.2.1.6.1. All change orders shall be discussed during regularly scheduled meetings during the design, construction, and operation of the NWRRDS. The meetings shall be attended by a representative of each Party appointed by the Authorized Representative for that Party. The frequency of the meetings shall be determined by the representatives of the Parties. 5.2.1.6.2. The Operating Agent may authorize change orders if the increased cost of the change order is less than five percent (5%) of the total contract price. 8 5.2.1.6.3. If the increased cost of a change order (or design amendment) is greater than five percent (5%) of the total contract price, the Operating Agent, if feasible, shall provide notice of the change order to the other Parties in advance of the meeting where the change order will be considered. The Operating Agent shall authorize such change orders if the change order is approved by those representatives of the Parties in attendance at the meeting where the change order is considered (provided that a Party may provide written approval of or objection to the change order in lieu of attendance at the meeting). 5.2.1.6.4. Notwithstanding subsection 5.2.1.6.3, if the Operating Agent determines that a change order involves a safety issue, an emergency or that allowing time for consideration of the change order at a meeting would cause a significant increase in costs associated with the change order, the Operating Agent may authorize the change order prior to the meeting. 5.2.1.7. At each meeting of the NWRRDS Committee, supply the NWRRDS Committee with information on any matters which may substantially affect the design or construction of the NWRRDS. 5.2.1.8. Obtain and maintain all required regulatory permits and approvals. 5.2.1.9. Follow generally accepted accounting principles and standard engineering practices. 5.2.1.10. Prior to each construction phase of the NWRRDS, the Operating Agent shall provide a proposed budget for that phase to the other Parties. The budget shall include each Party’s estimated share of the costs. Each budget shall be submitted to the NWRRDS Committee for approval. 5.2.2. The Operating Agent shall maintain records, documents, plans and information directly or indirectly pertinent to the performance of Design and Construction Work and Operations and Maintenance Work under this Agreement in accordance with applicable Arizona records retention schedules. The Parties shall have access to all records for the purpose of inspection, audit and copying during normal business hours for as long as the records are maintained. 5.2.3. Notwithstanding anything to the contrary in this Agreement, if the Operating Agent determines that any issue during the construction of the NWRRDS involves a safety issue or an emergency, as determined by the Operating Agent in its reasonable discretion, the Operating Agent may take 9 action to address such issue. Such action will be reported to the Authorized Representative for each Party in a timely manner. 5.2.4. The Parties agree that any development projects submitted for review within Marana or Oro Valley within the vicinity of proposed facilities or pipelines associated with the NWRRDS project will be provided to the Operating Agent for the purposes of identifying necessary easements or rights-of-way necessary to preserve and protect the NWRRDS project. 5.3. OPERATIONS AND MAINTENANCE WORK DUTIES. 5.3.1. The Operating Agent shall: 5.3.1.1. Once construction of the NWRRDS is complete and water deliveries commence, conduct all Operations and Maintenance Work in accordance with regulatory requirements, industry standards and the terms of this Agreement, subject to payment by the Parties. 5.3.1.2. Obtain all permits, licenses, approvals, contracts and insurance as required to perform and conduct all Operations and Maintenance Work. 5.3.1.3. Manage procurement and bids for the Operations and Maintenance Work in accordance with applicable law. 5.3.1.4. Provide administrative, technical, and ADEQ certified operational staff to the extent required to conduct operations of the NWRRDS. 5.3.1.5. Deliver each Party’s water as described in Exhibit B in accordance with the operating procedures for the operations of the NWRRDS. However, any Party may request a change for operational reasons subject to agreement by the Operating Agent; provided that such change does not adversely impact other Parties to this Agreement. The Operating Agent shall have no responsibility to operate or maintain booster pump(s) owned or operated separately by a Party, other than to allow access to the NWRRDS of the applicable Party’s water. 5.3.1.6. Provide cost and operational information to the NWRRDS Committee and/or any Party within ten (10) business days of a written request. 5.3.1.7. Conduct operations in accordance with all applicable federal, state and local regulatory requirements. 10 5.3.1.8. Provide each Party in a timely manner with water quality information to meet any ADEQ regulations and reporting in accordance with Section 13.2, and water accounting information to meet any required ADWR regulations and reporting in accordance with Section 12.8. 5.3.1.9. Prepare and revise necessary operating procedures for the operation of the NWRRDS. 5.3.2. The Operating Agent shall have the sole discretion in determining whether a curtailment or stoppage of water flows to the NWRRDS is required and/or made necessary by circumstances existing at any time (including, but not limited to, failure to meet primary drinking water quality standards, main breaks, and power outages). Operating Agent shall promptly notify each of the Parties of any curtailment or stoppage. Each Party will be responsible to provide the Operating Agent with up-to-date contact information for this notification. 6. NWRRDS COMMITTEE. 6.1. Upon the complete execution and recording of this Agreement, a committee will be formed known as the NWRRDS Committee. Each Party shall have one Authorized Representative to act as a member of the NWRRDS Committee. The Authorized Representatives of the Parties shall be as follows: A. MDWID: General Manager of MDWID B. Oro Valley: Director of Oro Valley Water Utility C. Marana: Director of Town of Marana Water Department Each Authorized Representative shall also designate an alternate (“Alternate Representative”) to act in the absence of the Authorized Representative. In the event that a Party’s Authorized Representative and Alternate Representative cannot attend a meeting of the NWRRDS Committee, the Authorized Representative of the Party may provide in writing the Party’s proxy to another Party to this Agreement. 6.2. The chairman of the NWRRDS Committee shall be the Authorized Representative of the Operating Agent commencing on the Effective Date and continuing for three years after the In-Service Date. Thereafter, the position of chairman shall rotate on an annual basis in the order set forth above (i.e., Oro Valley, Marana, MDWID). The chairman shall be responsible for administrative functions of the meeting, but otherwise shall have the same rights and obligations of the other members of the NWRRDS Committee. 6.3. The NWRRDS Committee may, at its choosing, participate in the following: 11 6.3.1. Selection of the consultants for the Design and Construction Work. 6.3.2. Review of design prior to finalization for construction. 6.4. The Operating Agent shall provide for the time, place and manner in which the NWRRDS Committee will conduct its meetings. Prior to the In-Service Date, the NWRRDS Committee shall meet at least monthly unless otherwise agreed.. Following the In-Service Date, the NWRRDS Committee shall meet at least quarterly unless otherwise agreed by the NWRRDS Committee. Notwithstanding the foregoing, any Party may request a meeting of the NWRRDS Committee at any time. 6.5. Each Party shall give written notice to the other Parties of the name of its Alternate Representative within thirty (30) days after execution of this Agreement. Notice of any change of Authorized Representative or Alternate Representative shall be provided in writing to the other Parties in accordance with the notice provisions of this Agreement. 6.6. Unless otherwise specified in this Agreement, NWRRDS Committee decisions shall be by vote of the Parties; provided, that if a vote solely concerns a part of the NWRRDS for which a Party does not participate or contribute, the Party shall not be entitled to vote. Each Party to this Agreement shall have one vote. Decisions must be authorized by a majority of the Parties present at the time of the vote. Such majority shall be determined on the basis of the entire number of Parties and not by the number of Authorized Representatives (or Alternative Representatives) present at a particular meeting. In the case of a tie, there shall be no alteration to the status quo. 6.7. Among other items, the NWRRDS Committee shall be provided with the following information and will vote on: 6.7.1. The final design, specifications and bid documents for the construction of the NWRRDS. 6.7.2. Concurrence of the final bid for the construction of the NWRRDS prior to governing body of the Operating Agent awarding such work. 6.7.3. Annual Operations and Maintenance Costs for each Party calculated in accordance with Exhibit C. 6.7.4. Operating procedures prepared by Operating Agent (if any). 6.7.5. Other matters as set forth in this Agreement or as brought to the NWRRDS Committee by the Operating Agent. 6.8. Each year on or before January 1st, the Operating Agent shall provide the Parties with an annual operating plan with initial estimates of the Operations and Maintenance Costs for the following year and estimates of costs for the 12 Operations and Maintenance Work to be conducted during the following year. Within thirty (30) days of the submission of the plan, the NWRRDS Committee shall meet to vote on approval of the Operations and Maintenance Work set forth in the plan for the following year; provided, however, that no vote shall be required for Operations and Maintenance Work that must be completed in order to remain in compliance with any permits or other applicable laws, and the Operating Agent shall have the authority to take any such action that it reasonably determines is essential to maintaining compliance with such permit or law. 6.8.1. By March 31st (or other date determined by the NWRRDS Committee) of each year, the Operating Agent shall reconcile the Operations and Maintenance Costs for the prior calendar year and the NWRRDS Committee shall determine whether to refund any overpayment or bill the Parties for any underpayment. 6.9. The NWRRDS Committee will vote on any planned Operations and Maintenance Work exceeding a total of $50,000.00 in a calendar year that is not included in the annual Operations and Maintenance Work plan described in Section 6.8 above. 6.10. Notwithstanding the submission of information to the NWRRDS Committee and the right to vote in accordance with the sections of this Section 6 above, the Operating Agent shall retain sole responsibility and authority for decisions during the design and construction of the NWRRDS and operating and maintenance practices, including maintenance scheduling and the selection of periods when maintenance will be done. 6.11. Each year, the NWRRDS Committee shall estimate future deliveries for the next five (5) years. The Parties are not restricted to the deliveries in each 5-year plan, rather this conjunctive management activity will efficiently utilize NWRRDS capacity. 6.12. Notwithstanding the provisions of Section 6.6 regarding a majority vote, prior to the initial commencement of Design and Construction Work activities that would result in financial obligation by the Parties, the NWRRDS Committee shall vote on whether to commence such Design and Construction Work. This initial, one-time determination to commence Design and Construction Work activities that would result in a financial obligation by the Parties shall require a unanimous vote of the Parties. 6.13. The NWRRDS Committee shall have no authority to amend this Agreement and any amendment will require the approval of each of the governing bodies of the Parties. 13 7. DESIGN AND CONSTRUCTION COSTS 7.1. Design and Construction Costs shall consist of, but not be limited to, the following direct costs: 7.1.1. Costs of contracts entered into by the Operating Agent, for equipment, material, labor, services and studies performed in connection with Design and Construction Work. 7.1.2. Costs of structures and improvements, equipment, and temporary facilities for the NWRRDS. 7.1.3. Costs and expenses, including those of outside consultants and attorneys, incurred by the Operating Agent for acquiring construction and operating permits, design, certificates and licenses, for complying with environmental laws, rules and regulations, and the preparation of agreements relating to Design and Construction Work executed with entities other than the Parties hereto. 7.1.4. Costs of direct labor, materials, supplies, apparatus, initial spare parts, power, supporting information technology software, and water in connection with Design and Construction Work, including rental charges and specialty tools, machinery and equipment. 7.1.5. Costs of Construction Insurance. 7.1.6. Costs associated with any loss, damage or liability arising out of or caused by Design and Construction Work which are not satisfied by Construction Insurance. 7.1.7. All federal, state or local taxes of any character imposed upon Design and Construction Work. 7.1.8. Costs of work, services or expenses of Parties incurred in the performance of Design and Construction Work if requested, authorized or approved by the Operating Agent. 7.1.9. Costs of relocating existing facilities necessitated by Design and Construction Work. 7.1.10. Costs and expenses of enforcing or attempting to enforce the provisions of Construction Insurance policies, payment and performance bonds, contracts executed by Operating Agent and warranties applicable to the NWRRDS. 7.1.11. Costs and expenses associated with claims made by consultants or contractors. 14 7.2. Design and Construction Costs shall also include the following indirect costs incurred by the Operating Agent in performance of Design and Construction Work: fringe benefit costs for labor and additional equipment costs. An administrative fee will be calculated and applied to each invoice to allow the Operating Agent to recover the cost of preparing and splitting invoices, sending out monthly statements, and collecting payments for the total Design and Construction Costs. 8. OPERATIONS AND MAINTENANCE COSTS: 8.1. Except as set forth in Sections 8.3 and 8.4 below, to address Operations and Maintenance Costs, each Party will pay to MDWID a total usage rate (which may include a power charge if applicable to that Party) for each unit of water delivered from the Party’s Source to the Party’s Point of Entry. The total usage rate (which may include a power charge if applicable to that Party) will be calculated annually using the agreed-upon methodology as set forth in Exhibit C. 8.2. The Operating Agent shall provide, beginning with the year of the In-Service Date, the annual Operations and Maintenance Costs no later than January 1st of each year for the subsequent fiscal year; provided, however, that a pro-rated amount will be provided for the first partial year and the estimated amount will be provided within seventy-five (75) days of the In-Service Date. 8.3. For any Operations and Maintenance Costs approved in advance by the NWRRDS Committee for the subsequent fiscal year in accordance with Section 6.8, the Parties shall pay for such amounts directly in accordance with their allocation percentages as set forth in Exhibit B (provided that the work is for a portion of the NWRRDS utilized by a Party). 8.4. For any emergency/urgent Operations and Maintenance Costs on the NWRRDS in excess of $250,000, the Parties shall pay Operating Agent as described in Section 9.3. 8.5. The Operating Agent will be responsible for reading meters monthly, keeping a record of actual deliveries to each Party and reconciling the delivered quantity of water to the requested annual delivery by the individual Parties at the end of each calendar year. All associated costs for reading, testing, and replacement of the meters will be incorporated into the annual calculation of operation and maintenance costs. The initial base usage rate is set forth in Exhibit C. 15 9. PAYMENT: 9.1. Design and Construction Costs 9.1.1. Each Party shall pay its share of the Design and Construction Costs on the basis set forth in Exhibit B. 9.1.2. Within thirty (30) days of the Effective Date of this Agreement, each Party (other than MDWID) shall establish an escrow capital account (each, an “Escrow Capital Account”) to address payment of each Party’s share of the Design and Construction Costs. MDWID shall be a signatory on each Escrow Capital Account with authority to withdraw funds at its discretion. During design, each Escrow Capital Account shall maintain a balance sufficient to cover each Party’s share of the design costs. 9.1.3. At least thirty (30) days prior to the commencement of a new construction or expansion phase for which a budget is provided and approved as set forth in Section 5.2.1.10, each Party shall establish a balance in its Escrow Capital Account at least equal to its estimated share of the Design and Construction Costs for the next construction or expansion phase and also sufficient to pay for all administrative fees of the Operating Agent for processing invoices and payments. 9.1.4. The Operating Agent shall pay Design and Construction Costs as they become due and shall draw from each Party's Escrow Capital Account funds to reimburse the Operating Agent for the Party's share of the Design and Construction Costs and Operating Agent’s administrative fees. 9.1.5. The Operating Agent shall provide a monthly statement to each Party specifying expenditures for the prior month for that Party, and the distribution of these expenditures to each participating Party. 9.1.6. If a Party’s Escrow Capital Account balance is insufficient to reimburse the Operating Agent for that Party's appropriate share of the Design and Construction Costs, the Operating Agent shall, in writing, notify the Party, and the Party shall, within three (3) calendar days, directly reimburse the Operating Agent any amount paid by the Operating Agent that exceeded the available funds in that Party's Escrow Capital Account. Amounts that are owed shall accrue interest at the statutory interest rate set forth in A.R.S. § 44- 1201. 16 9.1.7. Each Party shall pay one-third of the cost of software, software maintenance and support, staff time for accounts payable processing, accounts receivable invoicing, project accounting, tracking and recording, payment withdrawals, reporting, and ACH or Wire transfer. 9.2. Operations and Maintenance Costs. 9.2.1. Except for items set forth in Section 8.3 and 8.4, which shall be due and payable as described in those sections and below, Operating Agent shall bill Parties monthly in advance based upon the Parties’ agreed upon delivery orders for the year divided by 12 months for Operations and Maintenance costs as described in Section 8. Payments shall be due thirty (30) days from the date of the invoice. Should there be variations between the annual delivery order and actual deliveries to a Party for any reason other than system interruption, the Party will pay for their agreed upon unit cost. If there is a variation between the annual delivery order and actual deliveries due to system interruption, the amount the Party shall pay for the annual delivery order will be reduced to the amount actually delivered. Adjustments for actual expenses incurred for each year shall be reflected in a subsequent invoice submitted after the final annual delivery. 9.2.2. Parties shall pay such costs to the Operating Agent within thirty (30) days of the date of invoice. Disputed or undisputed invoices which are not paid when due shall thereafter bear an interest charge at the statutory interest rate set forth in A.R.S. § 44-1201. Any payment received shall first be applied to any interest charges owed and then to any amounts owed. 9.2.3. In the event any portion of any invoice is disputed, the disputed amount shall be paid under protest when due and, if payment is so made, shall be accompanied by a written statement indicating the basis for the protest. If the Parties cannot resolve the dispute, any Party to the dispute may submit the dispute to resolution pursuant to Section 17. 9.2.4. If any amounts due for Operations and Maintenance Costs are not paid within 60 days of the date of invoice, Operating Agent may interrupt access of the defaulting Party’s water to the NWRRDS until the payment is made. 9.3. For projects subject to Section 8.4 above, within thirty (30) days of a request by Operating Agent, each Party shall establish a balance in its Escrow Capital Account at least equal to its estimated share of the project subject to Section 8.4 and also a sufficient amount to pay for all administrative fees of the Operating Agent for processing invoices and payments. 9.4. Each Party shall be responsible for its own debt financing and debt service in relation to payments for its Allocated Capacity and other obligations under this Agreement. This Agreement will serve as the basis for each Party’s ability to 17 acquire financing in accordance with its contractual rights to capacity in the NWRRDS. 10. TRANSPORTATION OF WATER: 10.1. Each Party will have the authority to transport water in the volumes set forth in Exhibit B through the NWRRDS from that Party’s Source to that Party’s Point of Entry. 10.2. In consideration for the right to transport water as described in this Section 10 and the other considerations specified in this Agreement, each Party shall pay to MDWID the amounts described in Exhibit C and Sections 8 and 9. 11. DELIVERY; REDUCTION IN CAPACITY 11.1. Parties shall schedule delivery of water, under a baseload scenario and without peaking, to the NWRRDS with the Operating Agent prior to November 1 of each calendar year and in accordance with operating procedures to be established by the Operating Agent. 11.2. If the Operating Capacity of the NWRRDS is reduced for any reason, and the reduced capacity is insufficient to accommodate all of the needs of the Parties, then the reduced Operating Capacity will be reapportioned to the affected Parties based on the percentage of each Party’s Allocated Capacity. 12. WATER MEASUREMENT, ACCOUNTING AND REPORTING: 12.1. The Operating Agent shall base its accounting for water delivered to the NWRRDS on actual measurements, subject to Sections 12.4 and 12.5 below. 12.2. The Operating Agent shall install and maintain a flow measurement system at each Party’s Point of Entry. 12.3. All wells will be metered in accordance with ADWR requirements. 12.4. The Operating Agent shall determine system losses in the NWRRDS. Losses in the NWRRDS shall be calculated using generally accepted engineering practices. 12.5. If the flow measurement system becomes unusable for any reason, the Operating Agent will base its calculations of water entering the NWRRDS on the amount of water for delivery to the NWRRDS determined to be included in water measurements at other measuring points upstream of the NWRRDS during the period the NWRRDS flow measurement system was not usable. Marana will deliver water production measurements to the Operating Agent pursuant to a separate agreement. 18 12.6. The Operating Agent shall prepare a monthly water accounting report of water for each Party. The report shall include the daily amount of water received at the Party’s Source(s) and the losses calculated as described in this Section. 12.7. The water accounting reports prepared pursuant to this Section shall be retained by the Operating Agent for at least three (3) years and be made available for Parties’ inspection at least quarterly. 12.8. Each Party will be provided all ADWR water accounting information prior to February 28th of each year for the previous calendar year. 13. WATER QUALITY: 13.1. The Operating Agent will be responsible for compliance with all water quality regulations for the water delivered from the NWRRDS to each Party’s designated Point of Entry. 13.2. The well owner will notify each Party’s Operator in Direct Responsible Charge (Operator of Record) within 24 hours of any exceedance of a water quality standard at any of the wells delivering water to the NWRRDS. 13.3. Each Party waives any claim on its own behalf against the other Parties for water quality degradation arising from commingling of water. In no event shall the Operating Agent be liable for water quality degradation resulting from the transmission of water or other use of the NWRRDS. 13.4. All Parties will work together to address contaminants of emerging concern, and if a new regulation results in the NWRRDS water no longer meeting primary drinking water quality standards, the Parties will work in good faith to arrive at a solution to meet primary drinking water standards. If new treatment processes are required, the Parties will be responsible for paying proportional costs associated with the construction, operation, and maintenance of the treatment facility. 14. AUTHORIZATIONS AND APPROVALS: 14.1. Each Party shall be responsible for obtaining, at its own expense, any authorizations and approvals required for its participation in the construction, reconstruction, operation, maintenance or use of the NWRRDS or its performance under this Agreement, and each Party shall keep the Operating Agent and Parties informed of its applications therefor and authorizations issued in connection therewith. 14.2. A Party’s failure to make sufficient appropriations to contribute its share of costs in accordance with this agreement will be treated as a notice of termination by that Party. 19 15. INSURANCE: 15.1. Unless otherwise specified by the NWRRDS Committee pursuant to Section 15.2, the Operating Agent shall require any party performing Design and Construction Work or Operations and Maintenance Work to procure and maintain in force during the performance of Design and Construction Work or Operations and Maintenance Work, as applicable, all required Construction Insurance or Operating Insurance as set forth in Exhibit D and Exhibit E, respectively. Any required general liability policy required hereunder shall name the Parties as additional insureds. Proof of insurance satisfactory to the Operating Agent shall be submitted to the Operating Agent before any Design and Construction Work or Operations and Maintenance Work commences. 15.2. The NWRRDS Committee may, at any time, increase the policy limits and/or determine appropriate deductibles or retentions. Action by the NWRRDS Committee shall be by vote in accordance with Section 5. In the event the NWRRDS Committee is unable to agree upon any insurance matters, the Operating Agent, pending the resolution of such disagreement, may procure or cause to be procured, such policies of insurance as in its best judgment are necessary and required to protect the Parties. 15.3. MDWID, as the owner of the NWRRDS, shall include each Party as an additional insured on MDWID’s Risk Management insurance policy during the term of this Agreement. 16. LIABILITY: 16.1. Except as provided in this Section 16 and subject to any right of indemnification provided in this Agreement, the costs of discharging all Third Party Liability imposed upon one or more of the Parties, for which payment is not made by Construction Insurance, Operating Insurance, or other applicable insurance required by this Agreement, shall be allocated among the Parties pursuant to the allocations set forth in Exhibit B. 16.2. Any Party leasing or otherwise conveying an interest in its Allocated Capacity pursuant to Section 4.3 shall indemnify and hold harmless any Party not a party to the lease or other conveyance against any loss the non-contracting Party incurs as a result of complying with this Agreement in a manner that contradicts or conflicts with such lease or other conveyance. 16.3. Any Party leasing or otherwise conveying an interest in its Allocated Capacity shall: 16.3.1. Remain liable for any and all obligations under this Agreement. 16.3.2. Indemnify and hold harmless all other Parties for losses resulting from actions or inactions of the party to which the Allocated Capacity is leased or otherwise conveyed. 20 16.3.3. Only request delivery to the Party’s established delivery point or to a location that is within the infrastructure that the Party participated on the cost-share. 16.4. The Operating Agent, in its reasonable discretion as described in Section 5.3.2., may curtail or stop water flows through the NWRRDS at any time and shall not be liable to any Party or lessee or any other third party for claims or damage resulting from its decision to curtail or stop water flows through the NWRRDS. 16.5. The Operating Agent shall not be responsible for or required to replace water lost, misdirected or otherwise failing to reach a Party’s Point of Entry. Each Party shall share in any deficiency resulting from such lost or misdirected water in proportion to the amount of each Party’s Allocated Capacity at the time the deficiency accrued. 16.6. In the event any third party institutes an action against any Party(s) for claims arising from the activities undertaken pursuant to this Agreement, the Parties named in the action shall meet to determine the procurement of legal counsel and the steps to take to defend against the action. 16.7. Any party withdrawing from this Agreement is responsible for financial impacts and damages attributable to its own conduct and actions even after the Party withdraws from the Agreement. 17. GOVERNING LAW; DISPUTES: 17.1. This Agreement shall be governed by the laws of the State of Arizona. 17.2. Any Party that brings a lawsuit against another Party or Parties for a dispute arising under this Agreement and that does not prevail, shall pay all fees and courts costs, including attorneys' fees, incurred by the other Party or Parties (as applicable) to this Agreement in that lawsuit. 18. ACTIONS PENDING RESOLUTION OF DISPUTES: 18.1. Pending the resolution of a dispute pursuant to Section 17, the Operating Agent shall proceed with Design and Construction Work and/or Operations and Maintenance Work in a manner consistent with this Agreement and generally accepted accounting and engineering practices, and all Parties shall make the payments required to perform such Design and Construction Work and/or Operations and Maintenance Work in accordance with this Agreement. Amounts paid by the Parties pursuant to this Section 18 during the pendency of such dispute shall not be subject to refund except upon a final determination that the expenditures were not made in a manner consistent with this Agreement and generally accepted accounting and engineering practice. 21 19. FORCE MAJEURE EVENT 19.1. No Party shall be considered in default in the performance of any of its obligations under this Agreement (other than obligations of said Party to pay costs and expenses) when a failure of performance is due to a Force Majeure Event. 19.2. Any Party rendered unable to fulfill any of its obligations under this Agreement by reason of a Force Majeure Event shall give prompt written notice of such fact to the other Parties and shall exercise due diligence to overcome such Force Majeure Event. 20. BINDING OBLIGATIONS: 20.1. Except as described in Section 4.3, this Agreement may not be assigned or transferred by a Party, in whole or in part, without the prior consent of the other Parties. All of the obligations set forth in this Agreement shall bind the Parties and their successors and permitted assigns, and such obligations and all rights under this Agreement shall run with the Parties’ interests in the NWRRDS. 21. NOTICES: 21.1. Except as set forth in Section 21.2, any notice, demand or request provided for in this Agreement shall be in writing and shall be deemed properly served, given or made if delivered in person or sent by registered or certified mail, postage prepaid, to the persons specified below: Town of Oro Valley Water Utility: 11000 N. La Canada Dr. Oro Valley, AZ 85737 Attn: Director of Oro Valley Water Utility Town of Marana: Office of the Town Clerk 11555 W. Civic Center Dr. Marana, AZ 85653 Attn: Director of Town of Marana Water Department Metropolitan Domestic Water Improvement District: 6265 N La Canada Drive Tucson Arizona, 85740 22 Attn: General Manager 21.2. Informal communications of a routine nature involving NWRRDS Committee matters shall be made in such manner as the NWRRDS Committee shall arrange. 21.3. Any Party may, at any time, by notice to all other Parties, designate different or additional persons or different addresses for the giving of notices hereunder. 22. RELATIONSHIPS OF PARTIES: 22.1. Nothing herein contained shall be construed to create an association, joint venture, trust, or partnership among the Parties. Each Party shall be individually responsible for its own covenants, obligations and liabilities under this Agreement. 22.2. All rights of the Parties are several, not joint. No Party shall be under the control or direction of or shall be deemed to control another Party. Except as expressly provided in this Agreement, no Party shall have the right or power to bind another Party without its express written consent. 23. THIRD PARTY BENEFICIARIES: 23.1. This Agreement shall not be construed to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, obligation or undertaking established herein. 24. WAIVER: 24.1. The waiver by any Party hereto of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. 25. HEADINGS: 25.1. Title and paragraph headings herein are for reference only and are not part of this Agreement. 26. ENTIRE AGREEMENT: 26.1. The terms, covenants and conditions of this Agreement constitute the entire Agreement among the Parties and no understandings or agreements not herein expressly set forth shall be binding upon them. This Agreement may not be modified or amended in any manner unless in writing and signed by all of the Parties. 23 TOWN OF MARANA TOWN OF ORO VALLEY Ed Honea, Mayor Dr. Satish Hiremath, Mayor Date: Date: ATTEST ATTEST Town Clerk Michael Standish, Town Clerk Date: Date: METROPOLITIAN DOMESTIC WATER IMPROVEMENT DISTRICT _____________________________ Judy Scrivener, Chair of the Board Date: ATTEST ______________________________ Clerk of the Board 24 INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing intergovernmental agreement among the METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, the TOWN OF MARANA, and the TOWN OF ORO VALLEY has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Party to this intergovernmental agreement represented by the undersigned. METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT: John Hinderaker Legal Counsel Date: ________________ TOWN OF MARANA: Frank Cassidy Town Attorney Date: ________________ TOWN OF ORO VALLEY: Tobin Sidles Oro Valley Legal Services Director Date: ________________ 25 EXHIBIT A [MAPS OF SYSTEM] System Overview 26 27 EXHIBIT A [MAPS OF SYSTEM] Preliminary Concept Site Layout 28 EXHIBIT B [ALLOCATED CAPACITY] Entity Allocated Capacity (Acre-Feet per Year) Allocated Capacity (Percentage of Total) MDWID 4,000 38.46% Oro Valley 4,000 38.46% Marana 2,400 23.08% Total 10,400 100% 29 EXHIBIT C [SYSTEM AND DELIVERY CHARGES] The unit delivery cost for delivery of recovered CAP water through the NWRRDS is estimated based on the 50-Year Operation, Maintenance, and Life Cycle Costs study (WestLand Resources, Inc., 2016). Year 2025 NWRRDS Summary of Costs and Rates Description Average Annual Oro Valley & MDWID $/AF Oro Valley & MDWID Average Annual Marana $/AF Marana Estimated Fixed Maintenance Costs $316,000 $295,000 Taxes (assumed at 4%) $12,640 $11,800 Total $328,640 $306,800 Allocation (AF) 10,400 10,400 C.1 Base Usage Rate $31.60 $29.50 C.2 Estimated Power Rate $88.88 $0 C.3 Estimated Chemical Rate $13.17 $13.17 Total Usage Rate $133.65 $42.67 C.1. Each Party will pay the Operating Agent a base rate for each unit of CAP water allocated to each Party, currently estimated at $31.60 per acre-foot (Oro Valley and MDWID) and $29.50 per acre- foot (Marana). This rate is established for base load capacity using the fixed annual maintenance costs as identified in the WestLand study, excluding electrical, chemical, and replacement costs (Oro Valley and MDWID) and excluding electrical, well maintenance, chemical, and replacement costs (Marana), divided by the total allocated capacity of 10,400 acre-feet per year. C.2. Each Party (excluding Marana) will pay the Operating Agent a power charge for each acre-foot of CAP water delivered to the Point of Entry for each Party. The current power charge is estimated at $88.88 per acre-foot, and is included as a component of the total usage rate. The cost of energy supply is based upon the current rate agreement between TRICO Electric Cooperative, Inc. and MDWID divided by 8,000 acre-feet of allocated capacity per year. Power costs will be calculated annually. C.3. Each party will pay the Operating Agent a chemical charge for each acre-foot of CAP water delivered to the Point of Entry for each Party. The current chemical charge is estimated at $13.17 per acre-foot, and is included as a component of the total usage rate. The cost of chemicals is estimated using the estimated annual cost of chemicals divided by the total allocated capacity of 10,400 acre-feet per year. Chemical costs will be calculated annually. The Operating Agent will be responsible for reading the meter and billing the Parties for water delivered. Payments due will be invoiced monthly by the Operating Agent. The methodology outlined in this Exhibit C will serve as the mechanism by which costs will be determined. Estimated annual costs will be updated in accordance with this Agreement. 30 EXHIBIT D [CONSTRUCTION INSURANCE REQUIREMENTS] D.1. General Terms. CONTRACTOR shall not commence work under the Construction Agreement until CONTRACTOR (i) has obtained at its expense all insurance required and (ii) has given Operating Agent a Certificate of Liability Insurance evidencing the type, amount, coverage, effective dates and dates of expiration of the required policies and identifying Parties as additional insureds, loss payees and certificate holders, as applicable. The insurance policies shall be issued by an insurance company acceptable to the Operating Agent and lawfully authorized to do business in the State of Arizona. All insurance policies required, other than Worker’s Compensation and Employer’s Liability, shall name all Parties as additional insureds and loss payees, as applicable, on a primary, non-contributory basis, irrespective of any such insurance that all Parties might carry on its their own behalf. All insurance policies required shall provide that the policies will not be subject to cancellation, termination or modification except after thirty (30) days prior written notice to the Operating Agent and shall provide for waiver of subrogation against all Parties. Such required coverage shall remain in effect until the later of (i) final payment for the work under the Construction Agreement or (ii) termination of the Construction Agreement. D.2. Coverage. The CONTRACTOR shall purchase and maintain the following coverage during the term of the Construction Agreement: D.2.1. Commercial General Liability for claims of damage for bodily injury, accidental death, property damage, premises/operations (including fire, theft, vandalism, falsework, temporary buildings and debris removal), explosion/collapse, independent contractors, products/completed operations, contractual liability, personal injury and advertising liability and underground special hazards (including (i) injury to or destruction of wire, conduits, gas, water and petroleum pipes, electric, telephone, telegraph and signal cables, sewers, drains or any apparatus in connection therewith or any other matter, below the surface of the ground, arising from and during the use of mechanical equipment for the purpose of excavating or drilling or boring in streets or highways or otherwise; or injury to or destruction of property at any time resulting therefrom and (ii) liability arising out of collapse of or structural injury to any building, street or structure due to excavation, tunneling, pile driving, or coffeework, or moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof), on an occurrence basis with limits of liability not less than the following: General Aggregate $2,000,000 Each Occurrence $1,000,000 Fire Damage (any one fire) $50,000 Medical Expenses (any one person) $5,000 D.2.1.1. Automobile Liability for any Auto, Combined Single Limit (per occurrence) with $2,000,000 limits; D.2.1.2. Worker’s Compensation and Employer’s Liability at the current Arizona statutory minimums; D.2.1.3. Excess or Umbrella Liability Insurance. In the event CONTRACTOR does not have coverage with the above minimum limits, CONTRACTOR may obtain such coverage through an Excess or Umbrella Liability Policy. 31 EXHIBIT E [OPERATING INSURANCE REQUIREMENTS] E.1. General Terms. At all times during the Term, the Operating Agent shall obtain and maintain, or cause to be obtained and maintained, Operating Insurance and shall pay all premiums with respect thereto as the same become due and payable. The Operating Insurance shall be provided and remain in effect for the Operation Period in annually (or other) renewable periods. E.2. Insurance Coverage. The Operating Agent shall obtain, pay for and maintain the insurance coverage listed below with respect to the performance of the Operation Services without any reimbursement obligation on the part of the Parties. The cost of the Operating Insurance is included in the base usage rate. E.2.1. Commercial General Liability for claims of damage for bodily injury, accidental death, property damage, premises/operations (including fire, theft, vandalism, falsework, temporary buildings and debris removal), explosion/collapse, independent contractors, products/completed operations, contractual liability, personal injury and advertising liability and underground special hazards (including (i) injury to or destruction of wire, conduits, gas, water and petroleum pipes, electric, telephone, telegraph and signal cables, sewers, drains or any apparatus in connection therewith or any other matter, below the surface of the ground, arising from and during the use of mechanical equipment for the purpose of excavating or drilling or boring in streets or highways or otherwise; or injury to or destruction of property at any time resulting therefrom and (ii) liability arising out of collapse of or structural injury to any building, street or structure due to excavation, tunneling, pile driving, or coffeework, or moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof), on an occurrence basis with limits of liability not less than the following: General Aggregate $2,000,000 Each Occurrence $1,000,000 Fire Damage (any one fire) $50,000 Medical Expenses (any one person) $5,000 E.2.2. Automobile Liability for any Auto, Combined Single Limit (per occurrence) with $2,000,000 limits; E.2.3. Worker’s Compensation and Employer’s Liability at the current Arizona statutory minimums; E.2.4. Excess or Umbrella Liability Insurance. In the event Operating Agent does not have coverage with the above minimum limits, Operating Agent may obtain such coverage through an Excess or Umbrella Liability Policy. E.2.5. Operating Agent-owned Equipment Insurance. Operating Agent-owned miscellaneous tools and equipment insurance covering physical damage to 32 owned, leased, rented, or borrowed equipment on the jobsite, including rental charges. E.3. Additional Insureds. The Operating Agent shall name the Parties and their officers, officials, and employees, as additional insureds (the "Additional Insureds") on all policies required under Appendix E (other than with respect to the required workers' compensation and employer's liability coverage and Operating Agent-owned equipment insurance). The Operating Agent shall waive the subrogation rights of its various insurance carriers in favor of the Parties for all policies required under Section E.2 of this Appendix E. E.4. Insurance Certificates. Insurance, and any renewal thereof, shall be evidenced by certificates of insurance issued or countersigned by a duly authorized representative of the issuer and delivered to the Operating Agent in accordance with Section 15 (Insurance) of this Agreement. The certificates of insurance shall provide for 60 days' written notice to the Operating Agent of cancellation, non-renewal or reduction in limits by the insurance company, except that 10 days' notice shall be provided in the event of nonpayment of premium. E.5. Non-Recourse Provision. All insurance policies shall provide that the insurers shall have no recourse against the Additional Insureds for payment of any premium or assessment and shall contain a severability of interest provision in regard to the Parties’ liability policies. E.6. Deductibles and Self Insurance Retentions. Any of the policies of Operating Insurance may provide that the amount payable in the event of any loss shall be reduced by a deductible amount to be paid by the Operating Agent, which shall not exceed $100,000 unless otherwise approved in writing by the Operating Agent. Alternatively, any of the policies of Operating Insurance may provide for a self-insured retention by the Operating Agent in an amount not to exceed $100,000 unless otherwise approved in writing by the Operating Agent. The Operating Agent shall be a co-insurer to the extent of the amount deducted from the insurance monies paid in the event of any loss, or the amount of any self-insured retention, and such deductible or self-insured retention amount shall be included as part of the insurance payment(s). Such deductibles and self-insured retentions shall be in accordance with those that are commercially available. The cost of the applied deductible or retention shall be paid by the Parties. E.7. Specific Provisions for Commercial General Liability Insurance. Commercial general liability insurance, as required under subsection E.1.1 of this Appendix E, shall include premises-operations, blanket contractual, products, completed operations, personal injury and advertising injury, explosion, collapse, underground hazards, broad form property damage including completed operations, and independent contractors coverages. E.8. Specific Provisions for Workers' Compensation Coverage. Workers' compensation insurance shall be in accordance with the requirements of the laws of the State of Arizona, as amended from time to time. The required workers' compensation insurance shall include other states' coverage, voluntary compensation coverage, and federal longshoreman and harbor workers coverage. E.9. Changes in Insurance Coverage. The Operating Agent shall use its best efforts to obtain such additional insurance as the Parties may request from time to time, and the costs of such additional insurance shall be a pass through cost to the Parties. 33 E.10. Qualifications of Insurers. The Operating Agent is required to obtain the insurance set forth herein with insurance companies that carry a Best's "A-VII" or equivalent rating. In addition, insurance may not be obtained or maintained with insurers that are prohibited from conducting business in the State of Arizona.    Town Council Regular Session Item # 4. a. Meeting Date:04/05/2017   Requested by: Aimee Ramsey  Submitted By:Aimee Ramsey, Community Development & Public Works Department:Community Development & Public Works Information SUBJECT: RESOLUTION NO. (R)17-15, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT TO BE PLACED WITHIN CHAPTER 17, FLOODPLAIN AND EROSION HAZARD MANAGEMENT OF THE ORO VALLEY ZONING CODE REVISED AND ENTITLED THE “FLOODPLAIN AND EROSION HAZARD MANAGEMENT;" ATTACHED HERETO AS EXHIBIT “A” AND FILED WITH THE TOWN CLERK RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: This is a procedural item to declare the draft ordinance a matter of public record. The draft ordinance has been posted online and made available in the Town Clerk's Office. If the final version is adopted, as approved by Town Council, it will be made available in the same manner. BACKGROUND OR DETAILED INFORMATION: Once adopted by Town Council, this proposed resolution will become a public record and will save the Town on advertising costs since the Town will forgo publishing the entire draft ordinance in print form. The current draft version of the ordinance has been posted on the Town's website and a printed copy is available for public review in the Town Clerk's Office. Once adopted, the final version will be published on the Town's website. FISCAL IMPACT: The Town will save on advertising costs by meeting publishing requirements by reference, without including the pages of the amendments. SUGGESTED MOTION: I MOVE to (adopt or deny) Resolution No. (R)17-15, declaring as a public record that I MOVE to (adopt or deny) Resolution No. (R)17-15, declaring as a public record that certain document to be placed within Chapter 17, Floodplain and Erosion Hazard Management of the Oro Valley Zoning Code revised and entitled "Floodplain and Erosion Hazard Management"; attached hereto as Exhibit "A" and filed with the Town Clerk. Attachments (R)17-15 Public Record  Chapter 17 Revision  C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@401C0C1E\@BCL@401C0C1E.docx Town of Oro Valley Attorney’s Office/ca/072612 RESOLUTION NO. (R)17-15 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT TO BE PLACED WITHIN CHAPTER 17, FLOODPLAIN AND EROSION HAZARD MANAGEMENT OF THE ORO VALLEY ZONING CODE REVISED AND ENTITLED THE “FLOODPLAIN AND EROSION HAZARD MANGEMENT”; ATTACHED HERETO AS EXHIBIT “A” AND FILED WITH THE TOWN CLERK BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, that certain document of the Oro Valley Town Code, entitled Chapter 17 Floodplain and Erosion Hazard Management entitled “Floodplain and Erosion Hazard Management” is attached hereto as Exhibit “A”, three copies of which are on file in the Office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 5 th day of April, 2017. TOWN OF ORO VALLEY Dr. Satish I. Hiremath, Mayor ATTEST:APPROVED AS TO FORM : Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@401C0C1E\@BCL@401C0C1E.docx Town of Oro Valley Attorney’s Office/ca/072612 EXHIBIT “A” 1 Oro Valley Town Code Chapter 17 FLOODPLAIN AND EROSION HAZARD MANAGEMENT Articles: 17-1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS 17-2 DEFINITIONS 17-3 GENERAL PROVISIONS 17-4 ADMINISTRATION 17-5 PROVISIONS FOR FLOOD HAZARD REDUCTION 17-6 APPEAL AND VARIANCE PROCEDURES 17-7 ORDINANCE AMENDMENTS 17-8 FEES 2 Article 17-1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS Sections: 17-1-1 Statutory Authorization 17-1-2 Findings of Fact 17-1-3 Statement of Purpose 17-1-4 Methods of Reducing Flood Losses 17-1-1 Statutory Authorization The Legislature of the State of Arizona has, in ARS §48-3610, enabled the Town of Oro Valley to ASSUME THE POWERS AND DUTIES FOR FLOODPLAIN MANAGEMENT AND adopt regulations in conformance with ARS §48-36039 that are designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Town Council of Oro Valley, Arizona, does ordain as follows. ((O)05-35, Enacted, 10/05/2005) 17-1-2 Findings of Fact A. The flood hazard areas of Oro Valley are subject to periodic inundation that may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by the cumulative effect of obstructions in the regulatory floodplain, which increase flood heights and velocities. Also, when these obstructions are inadequately anchored, they may cause damage in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. ((O)05-35, Enacted, 10/05/2005) 3 17-1-3 Statement of Purpose It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in the regulatory floodplain; F. To help maintain a stable tax base by providing for the protection of regulatory floodplain and erosion hazard areas; G. To insure ENSURE that potential buyers are notified that property is in a regulatory floodplain; H. To insure ENSURE that those who occupy an area in a regulatory floodplain assume responsibility for their actions; and I. To PARTICIPATE IN AND maintain eligibility for FLOOD INSURANCE AND disaster relief. ((O)05-35, Enacted, 10/05/2005) 17-1-4 Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to the public health, safety, and welfare as well as public and private property, due to water or development hazards; or which result in increased damages to development or increases in flood heights or velocities; 4 B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of start of construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help to accommodate natural flood storage potential or the channelization of floodwaters; D. Controlling filling, grading, dredging, and other development that may increase flood damage; and E. Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters, or that may increase flood hazards in other areas. 5 Article 17-2 DEFINITIONS Sections: 17-2-1 Definitions 17-2-1 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage, and to give this ordinance its most reasonable application. ACCESSORY STRUCTURE: A STRUCTURE THAT IS ON THE SAME PARCEL OF PROPERTY AS A PRINCIPAL STRUCTURE, THE USE OF WHICH IS INCIDENTAL TO THE USE OF THE PRINCIPAL STRUCTURE. Alluvial Fan means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported downstream by flood flows, and then deposited on valley floors, and that is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement, deposition, and channel migration. Alluvial Fan - Inactive means an alluvial fan where floodwaters typically flow within incised channels, and adjacent lands are stable. Alluvial Fan Flooding means flooding occurring on the surface of an alluvial fan, or similar landform, which originates at the apex; and is characterized by high-velocity flows; active processes of erosion, sediment transport, deposition, and unpredictable flow paths. Alluvial Fan High Hazard Area (AFHH) means an area of active alluvial fan flooding that is reserved to convey and receive sediment and floodwater without altering, and thereby potentially increasing, the distribution of flood hazards across the fan to otherwise inactive areas and areas located down slope. Apex means a point on an alluvial fan, or similar landform, below which the flow path of the major stream that formed the fan becomes unpredictable, and alluvial fan flooding can occur. Appeal means a request for a review of the decision of the Floodplain Administrator or Town Engineer concerning previous determinations or actions, pursuant to this chapter. Appeals are heard and decided by the Floodplain Board. 6 Area of Shallow Flooding means a Federal Emergency Management Agency (FEMA) designated Zone "A" or Zone "X" area depicted on a Flood Insurance Rate Map (FIRM) for the community, or an area identified on a Flood Hazard Boundary Map that has, on an annual basis, a one percent or greater chance of flooding to an average depth of one-half foot, or greater, during the occurrence of a base flood at locations where a clearly defined channel does not exist and the path of the flooding is often unpredictable and indeterminate DESIGNATED ZONE AO, AH, AR/AO OR AR/AH ON A COMMUNITY’S FLOOD INSURANCE RATE MAP (FIRM) WITH A ONE PERCENT OR GREATER ANNUAL CHANCE OF FLOODING TO AN AVERAGE DEPTH OF ONE TO THREE FEET WHERE A CLEARLY DEFINED CHANNEL DOES NOT EXIST, WHERE THE PATH OF FLOODING IS UNPREDICTABLE, AND WHERE VELOCITY FLOW MAY BE EVIDENT. SUCH FLOODING IS CHARACTERIZED BY PONDING OR SHEET FLOW. Base Flood means a flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood shall mean the peak discharge of a 100-year flood of 50 cubic feet per second (cfs) or greater. Said flood shall be determined from an analysis of floods on a particular watercourse, and other watercourses in the same general region, in accordance with the criteria established by the Arizona Department of Water Resources and the Town of Oro Valley, which criteria are hereby, incorporated by reference and made a part of this ordinance. Basement means any area of a structure with a subgrade floor, i.e., below the adjacent ground level, ON ALL SIDES. BUILDING. SEE "STRUCTURE." Community means any state or area or political subdivision thereof, or any Indian tribe, authorized tribal organization, or authorized native organization, which has authority to adopt and enforce Floodplain Management Regulations for the areas within its jurisdiction. Community Rating System (CRS) means a program created by FEMA that provides premium reductions on flood insurance to individual policyholders in communities that have adopted programs, standards, and practices that exceed the minimum federal standards. Critical Facility means a facility such as a hospital, nursing home, police and fire stations, and other public safety facilities that would be severely impacted by flooding interrupting critical services or leading to significant sheltering needs for the sick or elderly. 7 Cumulative Substantial Damage means the total of all repairs to a repetitive loss structure, which shall not cumulatively increase the market value of the structure by more than 49% during the life of the structure. This term does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official, and which are the minimum necessary to assure safe living conditions; or b. Any repair of flood damage to a "historic structure", provided the repair will not preclude the structure’s continued designation as a "historic structure." Detention System means a type of flood control system which delays the downstream progress of flood- waters in a controlled manner, generally through the combined use of a temporary storage area and a metered outlet device, which causes a lengthening of the duration of the flow and thereby reduces downstream flood peaks. Development means any man-made change to improved or unimproved real estate, including but not limited to structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and storage of materials and equipment located within the regulatory floodplain. Dwelling means a habitable structure. ELEVATION CERTIFICATE. AN ADMINISTRATIVE TOOL OF THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) THAT IS USED TO PROVIDE ELEVATION INFORMATION NECESSARY TO ENSURE COMPLIANCE WITH COMMUNITY FLOODPLAIN MANAGEMENT ORDINANCES, TO DETERMINE THE PROPER INSURANCE PREMIUM RATE, AND TO SUPPORT A REQUEST FOR A LETTER OF MAP AMENDMENT (LOMA) OR LETTER OF MAP REVISION BASED ON FILL (LOMR-F). Encroachment means the advance or infringement of uses, landscape vegetation, fill, excavation, permanent structures, or development into a floodplain that may impede or alter the flow capacity of a floodplain. An equal degree of encroachment is a standard applied to the evaluation of the effects of the encroachment on increases in flood heights. It assumes that an encroachment, if permitted, may confer on all property owners on both sides of the watercourse an equal right to encroach to the same degree within that reach. Since the factors affecting hydraulic efficiency are usually not uniform within a reach, this standard will usually not result in equal measured distances between regulatory floodway limit lines and the regulatory floodplain boundaries of the watercourse. 8 Erosion means the process of the gradual wearing away of landmasses resulting from wind, water, or ice THIS PERIL IS NOT, PER SE, COVERED UNDER THE NATIONAL FLOOD INSURANCE PROGRAM. Erosion Hazard Area means lands adjoining a watercourse that is regulated by this ordinance which are deemed by the Town Engineer to be subject to flood-related erosion losses (Ref. The Adopted Drainage Criteria Manual, Town of Oro Valley). Erosion Setback means the minimum horizontal distance between a structure or permanent feature and the channel bank necessary to protect the structure/feature from flood related erosion damage. For method to be used for determination of the erosion setback, see the adopted Drainage Criteria Manual, Town of Oro Valley. Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are affixed (including, at a minimum, the installation of utilities, construction of streets, and either final site grading or the pouring of concrete slabs) was completed before the effective date of the floodplain management regulations adopted by the community. Expansion to an Existing Manufactured Home Park or Subdivision means preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) means an agency of the federal government responsible for programs of disaster response and recovery, disaster preparedness, hazard mitigation, flood insurance, and other programs of technical and financial assistance. Federal Insurance AND MITIGATION Administration (FIA FIMA) means a directorate of FEMA responsible for MANAGES the National Flood Insurance Program Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas caused by the unusual and rapid accumulation or runoff of surface waters from any source. A GENERAL AND TEMPORARY CONDITION OF PARTIAL OR COMPLETE INUNDATION OF NORMALLY DRY LAND AREAS FROM: (1) THE OVERFLOW OF FLOODWATERS; (2) THE UNUSUAL AND RAPID ACCUMULATION OR RUNOFF OF SURFACE WATERS FROM ANY SOURCE; AND/OR (3) THE COLLAPSE OR SUBSIDENCE OF LAND ALONG THE SHORE OF A LAKE OR OTHER BODY OF WATER AS A RESULT OF EROSION OR UNDERMINING CAUSED BY WAVES OR CURRENTS OF WATER 9 EXCEEDING ANTICIPATED CYCLICAL LEVELS OR SUDDENLY CAUSED BY AN UNUSUALLY HIGH WATER LEVEL IN A NATURAL BODY OF WATER, ACCOMPANIED BY A SEVERE STORM OR BY AN UNANTICIPATED FORCE OF NATURE, SUCH AS FLASH FLOOD OR AN ABNORMAL TIDAL SURGE, OR BY SOME SIMILARLY UNUSUAL AND UNFORESEEABLE EVENT WHICH RESULTS IN FLOODING AS DEFINED IN THIS DEFINITION. Flood Insurance Program (FIP) means the federal program established to provide flood insurance and to regulate development in flood hazard zones. Through the FIP, the federal government defines flood hazards and flood hazard zones, and publishes the information on Flood Insurance Rate Maps (FIRMs). Flood Hazard Boundary Map (FHBM) means any official maps issued by the Town Engineer for the purpose of identifying floodplains/flood-prone areas; also, floodplains/flood-prone areas identified on recorded subdivision plats. Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by Federal Emergency Management Agency of the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood. Floodplain or Flood-prone Area means any land area susceptible to being inundated by water from any source (see flooding). Floodplain Administrator is the Town Engineer, or his/her designee, whose duty it is to oversee administration and enforcement of the floodplain management regulations contained in this document. Floodplain Board means the Town Council of Oro Valley, at such times as they are engaged in the enforcement of this ordinance. Floodplain Management means the operation of an integrated natural resource management program encompassing corrective and preventive measures for reducing flood and erosion damage. Floodplain management includes but is not limited to emergency preparedness planning, flood control works and Floodplain Management Regulations. 10 Floodplain Management Regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other applications of legal and regulatory authority that control use of, and development in, flood- prone areas. This term describes federal, state, or local regulations, and any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain Use Permit means an official document that authorizes special activity within the regulatory floodplains or erosion hazard areas of Oro Valley. Flood Protection System means those physical structural works for which funds have been authorized, appropriated, and expended; and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to designation as a regulatory floodplain as well as the extent and depths of associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards. Flood-Proofed means a watertight structure with walls substantially impermeable to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy, AND BY MEANS OTHER THAN ELEVATION. Flood-Proofing means any combination of structural and non-structural additions, changes, or adjustments to structures that reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents BY MEANS OTHER THAN ELEVATION. Flood-related Erosion means the collapse, subsidence, or lateral migration of land along a wash as a result of undermining caused by flowing water COLLAPSE OR SUBSIDENCE OF LAND ALONG THE SHORE OF A LAKE OR OTHER BODY OF WATER AS A RESULT OF UNDERMINING CAUSED BY WAVES OR CURRENTS OF WATER EXCEEDING ANTICIPATED CYCLICAL LEVELS OR SUDDENLY CAUSED BY AN UNUSUALLY HIGH WATER LEVEL IN A NATURAL BODY OF WATER, ACCOMPANIED BY A SEVERE STORM, OR BY AN UNANTICIPATED FORCE OF NATURE, SUCH AS A FLASH FLOOD OR AN ABNORMAL TIDAL SURGE, OR BY SOME SIMILARLY UNUSUAL AND UNFORESEEABLE EVENT WHICH RESULTS IN FLOODING. Floodway means the channel of a watercourse and the adjacent land areas that must be reserved in order to provide for the passage of floodwaters or flood flows (see Regulatory Floodway). 11 Floodway Fringe is that area of the floodplain lying on either side of a Regulatory Floodway where encroachment may be permitted. FUNCTIONALLY DEPENDENT USE. A USE WHICH CANNOT PERFORM ITS INTENDED PURPOSE UNLESS IT IS LOCATED OR CARRIED OUT IN CLOSE PROXIMITY TO WATER. THE TERM INCLUDES ONLY DOCKING FACILITIES, PORT FACILITIES THAT ARE NECESSARY FOR THE LOADING AND UNLOADING OF CARGO OR PASSENGERS, AND SHIP BUILDING AND SHIP REPAIR FACILITIES, AND DOES NOT INCLUDE LONG TERM STORAGE OR RELATED MANUFACTURING FACILITIES. Governing Body is the local governing unit (i.e., county or municipality) empowered to adopt and implement regulations providing for the public health, safety, and general welfare of its citizenry. Hardship means that the physical characteristics of the property in question are so un usual, exceptional, and peculiar that a variance regarding its use may be requested and granted. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, be construed to qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, requires the property owner to build elsewhere, or means that the parcel must be put to a different use than originally intended. Highest Adjacent Grade means the highest natural elevation of the ground surface immediately adjacent to a structure prior to construction of the proposed walls of a structure. Historic Structure means any structure that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on THE State of Arizona as inventory of historic places, as approved by the Secretary of the Interior; or 12 D. Individually listed on the Town of Oro Valley’s inventory of historic places and that have been certified by an approved State of Arizona program, as determined by the Secretary of the Interior. Levee means a human-made structure, usually an earthen embankment designed and constructed in accordance with sound engineering practices, for the purpose of containing, controlling, or diverting the flow of water so as to provide protection from temporary flooding. Lowest Floor means the lowest floor of the lowest enclosed area including the basement (see basement definition) or crawl space under a manufactured home if it is not vented. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered to be the lowest floor of a structure; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. Manufactured Home means a structure, transportable in one or more sections, which in the traveling mode is eight (8) feet or more wide or forty (40) feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent foundation and contains plumbing, heating, air cooling, and electrical systems. WHICH IS BUILT ON A PERMANENT CHASSIS AND IS DESIGNED FOR USE WITH OR WITHOUT A PERMANENT FOUNDATION WHEN ATTACHED TO THE REQUIRED UTILITIES. THE TERM "MANUFACTURED HOME" DOES NOT INCLUDE A "RECREATIONAL VEHICLE." Manufactured Home Park or Subdivision means any lot, tract, or parcel of land used or offered for use, in whole or in part, with or without charge, for parking of manufactured homes or trailer coaches used for sleeping or household purposes. A PARCEL (OR CONTIGUOUS PARCELS) OF LAND DIVIDED INTO TWO OR MORE MANUFACTURED HOME LOTS FOR RENT OR SALE. Market Value means the determination of the estimated cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of deprec iation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the 13 differences. ALTERNATIVELY, THE MARKET VALUE IS THE VALUATION MADE BY THE PIMA COUNTY ASSESSOR’S OFFICE. Mean Sea Level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum of 1988 (NAVD ’88 ), or other datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced. National Flood Insurance Program (NFIP) means a program administered by FEMA that makes federally backed flood insurance available for purchase by individuals that live in NFIP participating communities. New Construction means structures and any subsequent improvements to such structures for which the start of construction commenced on or after the effective date of adoption of: A. An initial FIRM or after December 31, 1974, whichever is later, within federally regulated flood hazard zones. B. This chapter for floodplain and erosion hazard management. NEW CONSTRUCTION. FOR THE PURPOSES OF DETERMINING INSURANCE RATES, STRUCTURES FOR WHICH THE “START OF CONSTRUCTION” COMMENCED ON OR AFTER THE EFFECTIVE DATE OF AN INITIAL FLOOD INSURANCE RATE MAP OR AFTER DECEMBER 31, 1974, WHICHEVER IS LATER, AND INCLUDES ANY SUBSEQUENT IMPROVEMENTS TO SUCH STRUCTURES. FOR FLOODPLAIN MANAGEMENT PURPOSES, “NEW CONSTRUCTION” MEANS STRUCTURES FOR WHICH THE "START OF CONSTRUCTION" COMMENCED ON OR AFTER THE EFFECTIVE DATE OF A FLOODPLAIN MANAGEMENT REGULATION ADOPTED BY A COMMUNITY AND INCLUDES ANY SUBSEQUENT IMPROVEMENTS TO SUCH STRUCTURES. Obstruction includes, but is not limited to, any dam, wall, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, structure, wire, fence, rock, gravel, refuse, fill, stru cture, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or which due to its location influences its propensity to snare or collect debris carried by the flow of water, thereby reducing its likelihood of being carried downstream as well as reducing the channel’s ability to convey flow. One Hundred Year Flood means the flood having a one percent chance of being equaled or exceeded in any given year (see base flood). 14 Person means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or the State of Arizona or its agencies or political subdivisions. Program means the National Flood Insurance Program authorized by 42 U.S.C. 4001-4128, or as authorized by subsequent Federal statutes. Reach is a hydraulic engineering term to describe longitudinal segments of a stream or watercourse. A reach will generally include the segment of the flood hazard area where flood heights are primarily controlled by man- made or natural obstructions or constrictions. In an urban area, an example of a reach would be the segment of a stream or watercourse between two consecutive bridge crossings. Recreational Vehicle means a vehicle that is: A. Built on a single chassis; B. 400 square feet or less in area, when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory Flood Elevation means an elevation that is one foot above the calculated water surface elevation of the base flood. Regulatory Floodplain or Flood-Prone Area means that portion of the geologic floodplain associated with a water-course, including its channel or any other floodplain or flood-prone area that would be inundated by the base flood. It also means areas which are subject to sheet flooding, special flood hazard areas, and those areas mapped as floodplains/flood-prone on recorded subdivision plats or other flood hazard boundary maps. Regulatory Floodway means the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than A DESIGNATED AMOUNT. 1 (one) foot, where the owner of the land doing the development owns both sides of the watercourse, and not more than 0.1 foot where only one side is owned. In no case should the development increase the water surface elevation more than 0.1 foot on the property owned by others that is located upstream and downstream of the development. The aforementioned water surface elevation increases apply to all watercourse channels in Oro Valley except the Canada del Oro wash where the elevation of the existing 15 levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood-flow velocities are greater than 4.0 feet per second (fps), flood-flow velocities shall not increase by more than 1.0 fps or 10 percent, whichever is less, in the regulatory floodway. Any velocity increase greater than the aforementioned criteria must be reviewed, and approved by the Town Engineer. Remedy a violation means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this ordinance, otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. Repetitive Loss Structure means a structure, covered by a contract for flood insurance issued pursuant to the National Flood Insurance Act, that has incurred flood-related damage on two occasions during any 10-year period ending on the date of the event for which a second claim is made, and for which the cost of repairing the flood damage, on average, equaled or exceeded 25% 24% of the market value of the structure at the time of each such flood event. In addition to the current claim, the NFIP must have paid the previous qualifying claim. Retention System means a type of flood control system that stops the downstream progress of flood water by employing methods of total containment which generally involve creation of storage areas that incorporate infiltration devices, such as dry wells, to dispose of stored waters, principally by percolation over some specified period of time, thereby eliminating basin contributions to downstream flood peaks or flood volumes. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Sheet Flow Area (see Area of Shallow Flooding) Special Flood Hazard Area (SFHA) means an area IN THE FLOOD PLAIN designated by FEMA as having a special flood or flood related erosion hazard, and is the land subject to a one-percent or greater chance of flooding in any given year. A SFHA may be designated on a FHBM or FIRM as a Zone A, AO, AE, AH or shaded Zone X for the base flood, as well as for areas that the Town Engineer, using the best available data, has determined may be subject to a flood hazard during the base flood. Start of Construction includes substantial improvement OR OTHER PROPOSED NEW DEVELOPMENT, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within THE TIME PERIOD WHEN THE PERMIT 16 WAS ACTIVE 180 days of the permit date; and provided the first Town of Oro Valley inspection is completed by the Town, at the request of the permittee, within 180 days of permit issuance. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction also includes filling, DOES NOT INCLUDE LAND PREPARATION SUCH AS the installation of streets and/or walkways, the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a structure, whether or not that alteration affects the external dimensions of the structure. Structure means any building or containment unit that is constructed or erected, the use of which requires location on the ground or attachment to a foundation having a location on the ground. Substantial Damage means damage of any origin, CUMULATIVELY TRACKED OVER A PERIOD OF TEN (10) YEARS, sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 49 percent of the market value of the structure before the damage occurred. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a rolling 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 24 percent of the market value of the structure before the damage occurred. Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, CUMULATIVELY TRACKED OVER A PERIOD OF TEN (10) YEARS, the cost of which equals or exceeds 50 49 percent of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. The term does not, however, include either: A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official, and which are the minimum necessary to assure safe living conditions, or B. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. 17 Variance means a modification of the literal provisions GRANT OF RELIEF FROM THE REQUIREMENTS of this ordinance that is granted by the Floodplain Administrator or the Floodplain Board (for FEMA floodplains) upon a finding that strict enforcement of the provisions would cause undue hardship owing to circumstances unique to the individual property for which the variance is granted, and not caused by the applicant for said variance. Violation means the failure of a structure or other development to be fully compliant with the Town of Oro Valley Floodplain Management Regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this ordinance, is presumed to be in violation until such time as such documentation is provided. Violation also means unauthorized construction, grading, encroachment, diversion, or lack of maintenance of private drainage structures. Water Surface Elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of riverine areas. Watercourse means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur, including regulatory floodplains as designated by FEMA or the Town of Oro Valley. ((O)05-35, Enacted, 10/05/2005) 18 Article 17-3 GENERAL PROVISIONS Sections: 17-3-1 Lands to Which This Ordinance Applies 17-3-2 Basis for Establishing the Regulatory Floodplain Areas 17-3-3 Compliance 17-3-4 Abrogation and Greater Restrictions 17-3-5 Interpretation 17-3-6 Statutory Exemptions 17-3-7 Floodplain Violations 17-3-8 Abatement of Violations 17-3-9 Unlawful Acts 17-3-10 Remedies 17-3-11 Severability 17-3-12 Warning and Disclaimer of Liability 17-3-1 Lands to Which This Ordinance Applies This ordinance shall apply to all regulatory floodplain areas within the corporate limits of the Town of Oro Valley, but only to such areas. ((O)05-35, Enacted, 10/05/2005) 17-3-2 Basis for Establishing the Regulatory Floodplain Areas The regulatory floodplain areas identified by the Federal Insurance AND MITIGATION Administration (FIA FIMA) of the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled The Flood Insurance Study (FIS) for Pima County, Arizona and Incorporated Areas, revised February 8, 1999, JUNE 16, 2011, with accompanying Flood Insurance Rate Maps (FIRMs) dated February 8, 1999 JUNE 16, 2011, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This Flood Insurance Study (FIS) and attendant mapping may be supplemented by studies for other areas that allow implementation of this ordinance. The Floodplain Board, within the incorporated limits of the Town of Oro Valley, shall require developers of land to delineate, within areas where development is ongoing or imminent, floodplains consistent with the criteria developed by the FEMA, the Arizona Director of Water Resources, and the Town Engineer, pursuant to the Town’s adopted Drainage Criteria Manual. The Flood Insurance Study, AND FIRMs, and FHBMs are on file at the TOWN OF ORO 19 VALLEY Oro Valley’s Department of Public Works, COMMUNITY DEVELOPMENT AND PUBLIC WORKS, 11000 N. La Canada Drive, Oro Valley, Arizona. Additionally, areas determined by the Town Engineer and /or shown on FHBM , including floodplains/flood- prone areas identified on previously recorded subdivision plats (and those recorded hereafter), are also hereby adopted, by reference, and declared a part of this ordinance. A. Regulatory floodplains shall be subject to the following regulations, except as hereinafter provided: 1. No person or persons shall construct any structure which will divert, retard, or obstruct the flow of water in any stream, watercourse, or regulatory floodplain area without having secured all necessary permits from any governmental agency from which approval is required by Federal or State or Local law, and said permits or copies thereof shall be provided to the Floodplain Administrator for review. 2. No person shall construct any structure that will divert, retard, or obstruct the flow of water in any stream, watercourse, or regulatory floodplain area without securing written authorization in the form of a Floodplain Use Permit from the Town of Oro Valley, except as exempted in Section 17-3- 6 of this ordinance. 3. The FIS and areas shown on FHBM FIRMs, together with floodplains associated with washes and/or sheet flow areas having 100-year peak discharges of 50 cfs or more, are the minimum areas of applicability of this ordinance, and may be supplemented by studies for other areas that allow implementation of this ordinance. Applicants for development in the Town of Oro Valley shall delineate floodplains consistent with criteria developed by FEMA, the Town Engineer, and/or pursuant to the Town’s adopted Drainage Criteria Manual. 4. All property in the regulatory floodplains, except that covered by statutory exemptions EXCEPTIONS, shall be governed according to the provisions herein. 5. Any use of land otherwise authorized by law shall be permitted, provided such use meets the minimum standards of the regulations hereinafter set forth. 20 B. Elevation and Boundary Refinements: 1. The determination of elevations (water surface, lowest finished floor, and adjacent land) and regulatory floodway and regulatory floodplain boundaries is an engineering function with calculations and decisions made in accordance with the concepts and policies set forth in this ordinance. The best technical data available shall be used for such calculations and decisions. Initial determinations shall be based on floodplain information reports of the Pima County Flood Control District, U.S. Corps of Engineers, U.S. Bureau of Reclamation, U.S. Geological Survey, and/or other general data that are pertinent for the conditions of the streams or the watercourses at the time the data are obtained. 2. Additional and more detailed technical analysis will, from time to time, become available through private or governmental studies and activities. These data will permit refinements in the elevations and boundaries of regulatory floodway and regulatory floodplains in the respective reaches of the streams or watercourses. 3. Whenever such additional data become available and it seems desirable to make refinements i.e. Letter of Map Amendments (LOMA’s) or Letter of Map Revisions (LOMR’s), such refinements or revisions may be made at the request of the property owners or developers or by the Town Engineer. The necessary engineering calculations shall be made for the property owner or developer by an Arizona Registered Professional Civil Engineer (at the owner’s/ developer’s expense) in conformance with requirements of this chapter, the FEMA, and the Arizona Department of Water Resources. These findings will need approval of the Town Engineer. Following the Town’s approval of these refinements to regulatory floodplain areas identified on FIRMs and FHBMs, the property owner shall have calculations and forms forwarded to FEMA for review and approval. 4. The Town Engineer or his/her duly designated representative shall have the authority and responsibility to revise and refine elevations and boundaries of regulatory floodways and regulatory floodplains whenever such revisions and refinements are for the purpose and in accordance with the conditions set forth in Sections 17-4-3.B.1.d, 17-5-8B.3, 17-5-8B.4, and 17-5-8B.5 of this ordinance. a. The Flood Insurance Rate Map for Pima County and Incorporated Areas shall be revised to show the refined area boundaries and/or elevations. 21 b. The Town Engineer shall notify the owner of each property for which area boundaries and/or elevations have been revised or refined, as well as those owners of adjoining property immediately upstream and downstream, by first class mail following a duly noticed public hearing on the property involved. c. An appeal to the Floodplain Board may be taken by any person aggrieved, in accordance with Article 17-6 of this ordinance. ((O)05-35, Enacted, 10/05/2005) 17-3-3 Compliance All development of land, construction of residential, commercial, or industrial structures, or future development within delineated floodplain areas is subject to the terms of this ordinance. ((O)05-35, Enacted, 10/05/2005) 17-3-4 Abrogation and Greater Restrictions The provisions of this ordinance are not intended to interfere with, abrogate, or annul any ordinance, rule, regulations, or permit previously adopted or issued, and not be in conflict with any provision of this ordinance or any regulation that shall be adopted or issued pursuant to law relating to the use of structure or ordinance not in conflict with this ordinance; nor is it intended by this ordinance to interfere with or abrogate or annul any easement, covenant, or other agreement between parties, except when this ordinance imposes a greater restriction, this ordinance shall control. ((O)05-35, Enacted, 10/05/2005) 17-3-5 Interpretation In the interpretation and application of this ordinance, all provisions shall be: A. Considered as minimum requirements; B. Liberally constructed in favor of the governing body; and, C. Deemed neither to limit nor repeal any other powers granted under state statutes. ((O)05-35, Enacted, 10/05/2005) 22 17-3-6 Statutory Exemptions EXCEPTIONS A. In accordance with ARS §48-3609.H, unless expressly provided this and any regulation adopted pursuant to this article do not affect: 1. Existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land or a structure is discontinued for twelve (12) months or destroyed to the extent of fifty (50) percent FORTY-NINE PERCENT (49%) OR MORE of its MARKET value, as determined by three competent appraisers A COMPETENT APPRAISER, OR THE VALUATION MADE BY THE PIMA COUNTY ASSESSOR’S OFFICE, any further use shall comply with this article and regulations of the Town of Oro Valley. 2. Reasonable repair or alteration of property for the purposes for which the property was legally used on August 3, 1984, or any regulations affecting such property takes effect, ex cept that any alteration, addition, or repair to a nonconforming structure which would result in increasing its flood damage potential by fifty (50) percent FORTY-NINE PERCENT (49%) or more shall be either flood-proofed or elevated to or above the regulatory flood elevation. 3. Reasonable repair of structures constructed with the written authorization required by ARS §48-3613. 4. Facilities constructed or installed pursuant to a certificate of environmental compatibility issued pursuant to ARS Title 40, Chapter 2, Article 6.2. B. In accordance with ARS §48-3613, a floodplain use permit giving written authorization shall not be required, nor shall the Floodplain Board or Town Engineer prohibit: BEFORE THE FOLLOWING TYPES OF CONSTRUCTION AUTHORIZED BY THIS SECTION MAY BEGIN, THE RESPONSIBLE PERSON MUST SUBMIT GRADING PLANS AND A GRADING PERMIT APPLICATION. THE APPLICANT MUST OBTAIN NECESSARY PLAN AND PERMIT APPROVALS, AS WELL AS MEET REQUIREMENTS PURSUANT TO THE ORO VALLEY ZONING CODE REVISED, TOWN OF ORO VALLEY DRAINAGE CRITERIA MANUAL, AND ANY OTHER APPLICABLE TOWN STANDARDS: 1. The construction of bridges, culverts, dikes, and other structures necessary for the construction of public highways, roads, and streets intersecting or crossing a watercourse. 23 2. The construction of storage dams for watering livestock or wildlife, structures on banks of a watercourse to prevent erosion of, or damage to, adjoining land, if the structure will not divert, retard or obstruct the natural channel of the watercourse, or dams for the conservation of floodwaters as permitted by ARS Title 45, Chapter 6. 3. The construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This paragraph does not exempt those sand and gravel operations that will divert, retard or obstruct the flow of waters in any watercourse from complying with, and acquiring authorization from, the Town Engineer or the Floodplain Board pursuant to regulations adopted by the Floodplain Board under this article. 4. Other construction, if it is determined by the Town Engineer that a floodplain use permit is unnecessary. 5. Any flood control district, county, city, town, or other political subdivision from exercising powers granted to it under this article. ARS 48, CHAPTER 21, ARTICLE 1. 6. The construction, by a public agency or political subdivision, of streams, waterways, lakes, and other auxiliary facilities in conjunction with development of public parks and recreation facilities. 7. The construction and erection of poles, towers, foundations, support structures, guy wires, and other facilities related to power transmission as constructed by any utility, whether a public service corporation or a political subdivision. 8. The development and/or structure permitted in special permits granted by the State agency having the primary land management administrative duty over the lands if development or construction is to be on lands owned or held in trust by the State. 9. Future development in an approved subdivision provided seventy-five (75) percent of such regulatory floodplain area within the platted and approved subdivision to be developed and utilized for dwelling units or commercial or industrial structures has been so developed and utilized as of August 8, 1973. C. Before any construction authorized by Subsection B of this section may begin, the responsible person must submit grading plans and a grading permit application. The applicant must obtain necessary plan and 24 permit approvals, as well as meet requirements pursuant to the Oro Valley Zoning Code (Revised), Town of Oro Valley Drainage Criteria Manual, and any other applicable Town standards. D C. In addition to other penalties or remedies otherwise provided by law, the state of Arizona, a political subdivision thereof, or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation, or obstruction of a watercourse has the right to go through an Administrator/Board to commence, maintain, and prosecute any appropriate action or pursue any remedy to enjoin, abate, or otherwise prevent any person from violating or continuing to violate this section or regulations adopted pursuant to this article. If a person is found to be in violation of this section, the Administrator/Board shall require the violator either to comply with this section, if authorized by the Floodplain Board for FEMA regulated floodplains (the Town Engineer for non-FEMA regulated floodplains), or to remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation, including reasonable costs and attorney fees. ((O)05-35, Enacted, 10/05/2005) 17-3-7 Floodplain Violations A. DECLARATION OF PUBLIC NUISANCE. Every new structure, fill, excavation, or ALL development located or maintained within any regulatory floodplain area after August 8, 1973, in violation of this ordinance, and without written authorization from the Floodplain Board for FEMA regulated floodplains (the Town Engineer for non-FEMA regulated floodplains), is a public nuisance, per se, and may be abated, prevented or restrained by action of the Floodplain Board. ((O)05-35, Enacted, 10/05/2005) 17-3-8 Abatement of Violations Upon discovery of a violation to this ordinance, the Floodplain Administrator shall either: A. Take any necessary action to effect the abatement of such violation; or B. Order the owner of the property upon which the violation exists to provide whatever additional information may be required for determination by the floodplain administrator. Such information must be provided to the Floodplain Administrator within 30 days of such order. Within 30 days, the Floodplain Administrator shall either order the abatement of said violation or shall grant a variance in accordance with the provisions of Article 17 -6- 4 herein; or 25 C. For FEMA regulated floodplains, submit to the Administrator of the Federal Insurance Administration a declaration for denial of insurance, stating that the property is in violation of a cited state or local law, regulation or ordinance, pursuant to Section 1316 of the National Flood Insurance Act of 1968, and as amended. ((O)05-35, Enacted, 10/05/2005) 17-3-9 Unlawful Acts A. It is unlawful for any person to divert, retard or obstruct the flow of waters in any watercourse whenever it creates a hazard to life or property without securing the written authorization of the Floodplain Administrator or the Floodplain Board for FEMA regulated floodplains REQUIRED BY ARS §48-3613. Where the watercourse is a delineated floodplain, it is unlawful to excavate or build any structure affecting the flow of waters without securing written authorization of the Floodplain Administrator or the Floodplain Board for FEMA regulated floodplains REQUIRED PER ARS §48-3613. B. It is unlawful for any person to neglect maintenance responsibilities on private drainage improvements. C. Any person violating the provisions of this section shall be subject to penalties pursuant to Article 1-8, Penalties, Oro Valley Town Code. ((O)05-35, Enacted, 10/05/2005) 17-3-10 Remedies All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or to remove prohibited structures, obstructions, or improvements; nor prevent the enforcement, correction, or removal thereof. In addition to the other penalties or remedies provided in this Article, the state of Arizona, any political subdivision thereof, or any person who may be damaged as a result of the diversion, retardation, or obstruction of a watercourse shall have the right to commence, maintain, and prosecute any appropriate action or pursue any remedy to enjoin, abate, or otherwise prevent any person from violating or continuing to violate any provision of this ordinance. ((O)05-35, Enacted, 10/05/2005) 26 17-3-11 Severability This ordinance, and its various parts thereof, is hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid. ((O)05-35, Enacted, 10/05/2005) 17-3-12 Warning and Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes, and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the regulatory floodplain areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the Town of Oro Valley, any officer or employee thereof, the state of Arizona, the Federal Insurance Administration, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. ((O)05-35, Enacted, 10/05/2005) 27 Article 17-4 ADMINISTRATION Sections: 17-4-1 Establishment of Floodplain Use Permits 17-4-2 Enforcement and Inspection 17-4-3 Duties of Floodplain Administrator and Use Permit Procedures 17-4-4 Designation of the Floodplain Administrator 17-4-1 Establishment of Floodplain Use Permits A. RESPONSIBILITY FOR PERMITS: It shall be the duty of the Town Engineer and all departments, officials, and public employees vested with the duty or authority to issue permits or licenses, to enforce the provisions of this ordinance; and no such license or permit shall be issued for uses or building where the same would be in conflict with the provisions of this ordinance. Any such license or permit, if issued in conflict with the provisions of this ordinance, shall be null and void. B. FLOODPLAIN USE PERMITS: It shall be unlawful to erect, construct, reconstruct, alter, or change the use of any structure within any regulatory floodplain area covered by this ordinance without first applying for and obtaining a Floodplain Use Permit from the Town Engineer. ; but no such Floodplain Use Permit shall be required for any repairs or improvements for which the value of the materials and labor thereon does not exceed $7500.00. For the purpose of determining the value of any such repairs, alterations, or improvements, the normal retail value of materials and reasonable value of the labor performed shall be used. Even though no Floodplain Use Permit is required, all other provisions of this ordinance shall be observed in the performance of said repairs or improvements, and this section shall be interpreted to apply only to repairs or improvements that, in fact, constitute complete units, and shall not apply to any effort to repair or improve property units, piecemeal, and by subterfuge for the purpose of avoiding applying for a permit when the cost of said work is, in fact, in excess of $7500.00. C. APPLICATION FOR FLOODPLAIN USE PERMIT: Application for a Floodplain Use Permit shall be made on forms furnished by the Town Engineer, and must include, without limitation, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the areas in question; existing or proposed structures including walls, bank protection, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 28 1. Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures. In a designated Zone AO, elevation of existing highest adjacent natural grade and proposed elevation of lowest floor of all structures must be obtained; 2. Proposed elevation, in relation to mean sea level, to which any structure will be flood -proofed; 3. Certification by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in Section 17-5-1.C; and 4. BASE FLOOD ELEVATION DATA SHALL BE PROVIDED FOR SUBDIVISIONS OR OTHER DEVELOPMENTS GREATER THAN 50 LOTS OR 5 ACRES, WHICHEVER IS THE LESSER; AND, 4 5. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Each such application shall be accompanied by an application fee, as set forth by the Town, payable to the Town of Oro Valley. ((O)05-35, Enacted, 10/05/2005) 17-4-2 Enforcement and Inspection A. ENFORCEMENT: It shall be the duty of the Town Engineer, through his/her duly appointed Floodplain Administrator and officials of the Town otherwise charged with the enforcement of the law, to enforce this ordinance and all of the provisions of the same. B. INSPECTIONS: Inspections shall be made by the Town Engineer or by a duly appointed Floodplain Administrator. C. COOPERATION: The Town Floodplain Administrator may request, and shall receive so far as may be necessary in the discharge of his/her duties, the assistance and cooperation of all departments, agencies, officials, and public employees vested with the duty or authority to issue permits, licenses, or to enforce the regulations of this ordinance. D. TOWN OF ORO VALLEY ADMINISTRATION: Hydrologic, hydraulic, and related floodplain regulations, as well as engineering matters pertaining to the administration and direction of this ordinance, shall be referred to 29 the Town of Oro Valley Town Engineer or his/her designated representative, who shall be responsible for such reviews, advice, and recommendations. E. COOPERATION AGREEMENTS AND CONSULTANTS: The Floodplain Administrator, through the applicable procurement and/or intergovernmental agreement procedures, may retain consultants and experts; and may enter into cooperative agreements for the delineation of floodplains and floodways as well as for such other assistance and guidance considered appropriate and necessary to obtain maximum reasonable protection and benefits under this ordinance. ((O)05-35, Enacted, 10/05/2005) 17-4-3 Duties of Floodplain Administrator and Use Permit Procedures A. The Floodplain Administrator shall issue Floodplain Use Permits required by this Section. B. The following procedure shall be used by the Floodplain Administrator in considering issuance of Floodplain Use Permits. 1. Upon receiving an application for a Floodplain Use Permit involving the use of fill, construction of structures, or the storage of materials, and prior to rendering a decision thereon the Floodplain Administrator may: a. Require the applicant to submit, where applicable, plans in triplicate drawn to scale showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, storage of materials, flood-proofing measures; and the relationship of the above to the location of the channel, regulatory floodway, the regulatory floodplain with base flood elevations, the proposed project in relation to flood heights and velocities, and the plans for flood protection. The applicant shall provide a new delineation of all regulatory floodplains affected by the project. The new delineation and reports shall be prepared in conformance with FEMA requirements and this ordinance. The delineation shall show pre- and post-project floodplain limits and water surface elevations upstream, adjacent, and downstream of the project. b. Require, where circumstances necessitate more detailed information, the applicant to furnish as much of the following additional information as is deemed necessary by the Floodplain Administrator for the evaluation of the effects of the proposed use upon flood flows 30 and the consideration of other factors necessary to render a decision on suitability of the proposed use: (i) A typical valley cross-section showing the floodway, floodway fringe area, and the floodplain of the watercourse; elevation of land areas adjoining each side of the channel; cross-sectional areas to be occupied by the proposed development; and high water information. (ii) A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream, and soil types, as well as other pertinent information; (iii) A profile showing the slope of the bottom of the channel or flow line of the watercourse; (iv) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities; c. Ensure that the proposed development does not adversely affect the carrying capacity of channels at locations where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance, adversely affects means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one (1) foot where the owner of the land doing the development owns both sides of the floodway and more than 0.1 foot where only one side is owned. In no case shall the development increase the water surface elevation more than 0.1 foot on the properties owned by others that are located upstream and downstream. The aforementioned water surface elevation increases apply to all watercourse channels in Oro Valley except the Canada del Oro Wash where the elevation of the existing levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood - flow velocities are greater than 4.0 feet per second (fps), flood-flow velocities shall not increase by more than 1.0 fps or ten (10) percent, whichever is less, in the regulatory floodway. Any 31 velocity increase greater than the aforementioned criteria must be reviewed and approved by the Town Engineer. d. For FEMA regulated floodplains, MAY require the applicant to submit appropriate (e.g. CLOMR, CLOMR-F, etc.) applications, forms, and information to FEMA for review and approval. A Floodplain Use Permit shall be issued by the Town of Oro Valley upon acknowledgement from FEMA of the acceptance of the CLOMR. e. Ensure other related State of Arizona and federal permits have been issued. 2. No permit shall be issued for any development that is not in conformance with this ordinance, FEMA regulations, or some other provision of law relating to such development. A Floodplain Use Permit may be denied if the proposed development constitutes a danger or hazard to life or property. In making such a determination, the Floodplain Administrator may consider the following factors: a. The danger to life and property due to increased flood heights or velocities caused by encroachments; b. The danger that materials may be swept on to other lands or downstream to the injury of others; c. The proposed water supply and sanitation systems, and the ability of these systems to prevent disease, contamination, and unsanitary conditions; d. The susceptibility of the proposed facility and its contents to flood damage, and the affect EFFECT of such damage on the individual owner; e. The importance of the services provided by the proposed facility to the community; f. The availability of alternative locations for the proposed use that are not subject to flooding; g. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; h. The relationship of the proposed use to the comprehensive plan and Floodplain Management program for the area encompassing the proposed use; 32 i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, development potential, and sediment transport of the floodwaters expected at the site; k. Such other factors as are relevant to the purposes of this ordinance. 3. Upon consideration of the factors listed above and the purposes of this ordinance, the Floodplain Administrator may attach such conditions to the granting of a Floodplain Use Permit as he/she deems necessary to further the purposes of this ordinance, including but not limited to: a. Modification of waste disposal and water supply facilities; b. Limitations on periods of use and of operation; c. Imposition of operational controls, sureties related to temporary uses, and deed restrictions; d. Requirements for construction of channel modifications, dikes, levees, and other protective measures; e. Flood-proofing measures such as the following shall be designed consistent with the regulatory flood elevation for the particular area: Flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the base flood. The Floodplain Administrator may require that the applicant submit a plan document, certified by an Arizona Registered Professional Civil Engineer, that the flood-proofing measures are consistent with the regulatory flood elevation and associated flood factors for the particular area. The following flood-proofing measures may be required, without limitation, because of specific enumeration: (i) Anchorage to resist floatation and lateral movement; (ii) Installation of watertight doors, bulkheads, and shutters; (iii) Reinforcement of walls to resist water pressures; (iv) Use of paints, membranes, or mortars to reduce seepage of water through the walls; 33 (v) Addition of mass or weight to structures to resist floatation; (vi) Installation of pumps to lower water levels in structures; (vii) Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters; (viii) Pumping facilities to relieve sub-surface external foundation wall and basement floor pressures; (ix) Construction to resist rupture or collapse caused by water pressure or floating debris; (x) Cut-off valves on sewer lines, or the elimination of gravity flow basement drains; or (xi) Elevation of structures, and uses to the regulatory flood elevation. C. The Floodplain Administrator shall be responsible for the following duties: 1. Obtain and maintain for public inspection and make available the following: a. CERTIFICATION OF THE The certified regulatory flood elevation required in Section 17- 5-1.C.1 , 17-5-1.C.3 , AND 17-5-5; (ARS.§ 48-3609); b. The Zone AO certification required in Section 17-5-1.C.2; c. The floodproofing certification required in Section 17-5-1.C.3; d. The certified opening elevation required in Section 17-5-1.C.4.b 17-5-1.C.4; and e. Permit records for repair of flood-related damage to structures on a cumulative basis over the life of the structure. REVIEW AND MAINTAIN RECORDS OF ALL DEVELOPMENT PERMITS FOR IMPROVEMENTS AND/OR DAMAGES TO EXISTING STRUCTURES TO DETERMINE IF THE APPLICATION OF THE SUBSTANTIAL IMPROVEMENT RULES APPLY, INCLUDING ESTABLISHING A DEFINITION OF MARKET VALUE DETERMINATION AND VERIFYING THAT THE ESTIMATED IMPROVEMENT AND/OR REPAIR COSTS ARE LESS THAN 49% OF THE MARKET VALUE OF THE STRUCTURE, CALCULATED OVER A 10-YEAR PERIOD FROM THE INITIAL APPLICATION FOR IMPROVEMENT OR REPAIR OF 34 DAMAGES. THE SUBSTANTIAL IMPROVEMENT RULES SHALL APPLY TO THE FOLLOWING. 1. QUALIFYING STRUCTURES LOCATED IN REGULATORY FLOODPLAINS AS DESIGNATED BY FEMA; THOSE AREAS MAPPED AS FLOODPLAINS/ FLOOD- PRONE ON RECORDED SUBDIVISION PLATS; OR ON FLOOD HAZARD BOUNDARY MAPS PREPARED BY, OR FOR, THE FLOODPLAIN ADMINISTRATOR. QUALIFYING STRUCTURES SHALL ALSO SATISFY ONE OF THE FOLLOWING TWO ADDITIONAL CONDITIONS , A. PRE-FIRM STRUCTURES CONSTRUCTED BEFORE THE DATE OF THE INITIAL FLOOD INSURANCE RATE MAP ISSUED FOR THE TOWN DATED DECEMBER 4, 1979; OR, B. LEGAL NON-CONFORMING STRUCTURES CONSTRUCTED ON, OR AFTER, DECEMBER 4, 1979 IN COMPLIANCE WITH THE EFFECTIVE FIRM AT THE TIME OF CONSTRUCTION, AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE WRITTEN AUTHORIZATION IN EFFECT AT THE TIME OF CONSTRUCTION. F. CERTIFICATION OF ELEVATION FOR SUBDIVISIONS REQUIRED BY 17-5-4.E G. CERTIFICATION FOR FLOODWAY ENCROACHMENTS REQUIRED BY 17 -5-7.4. H. RECORDS OF ALL VARIANCE ACTIONS, INCLUDING JUSTIFICATION FOR THEIR ISSUANCE REQUIRED BY 17-6-3.C. 2. Whenever a watercourse is to be altered or relocated: a. Notify adjacent communities and ADWR prior to such alteration or relocation of a watercourse, and submit evidence of such notification to FIA FEMA through appropriate notification means; and b. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained. 3. Within one hundred twenty days after completion of construction of any flood control protective works which changes the rate of flow during the flood or the configuration of the floodplain 35 upstream or downstream from or adjacent to the project, the person or agency responsible for installation of the project shall provide to the governing bodies of all jurisdictions affected by the project a new delineation of all floodplains affected by the project. The new delineation shall be done according to the criteria adopted by the ADWR. (A.R.S. § 48-3609 (I)). 4. Advise the district of Pima County and any adjunct jurisdiction having responsibility for floodplain management in writing and provide a copy of a development plan of all applications for floodplain use permits or variances to develop land in a floodplain or floodway within one mile of the corporate limits of the Town of Oro Valley, AZ. Also, advise the district of Pima County in writing and provide a copy of any development plan of any major development proposed within a floodplain or floodway, which could affect floodplains, floodways or watercourses within the district’s area of jurisdiction. Written notice and a copy of the plan of development shall be sent to the district no later than three (3) working days after having been received by Town of Oro Valley. (A.R.S. § 48-3610 (B) (2)) 5. Notify FEMA and ADWR of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. 6. A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Administrator (FEMA) FEMA of the changes by submitting technical or scientific data in accordance with this part VOLUME 44 CODE OF FEDERAL REGULATIONS SECTION 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. 7. USE OF OTHER BASE FLOOD DATA. WHEN BASE FLOOD ELEVATION DATA HAS NOT BEEN PROVIDED IN ACCORDANCE WITH SECTION 17-3-2 (BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD), THE FLOODPLAIN ADMINISTRATOR SHALL OBTAIN, REVIEW AND REASONABLY UTILIZE ANY BASE FLOOD ELEVATION DATA AVAILABLE FROM A FEDERAL, STATE OR OTHER SOURCE, IN ORDER TO ADMINISTER SECTION 17-5- 1 (STANDARDS FOR CONSTRUCTION). ANY SUCH INFORMATION SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE DIRECTOR OF THE ARIZONA DEPARTMENT OF WATER RESOURCES AND MAY BE SUBMITTED TO THE FLOODPLAIN BOARD FOR ADOPTION. 36 8. MAKE MAP INTERPRETATIONS, WHERE NEEDED, AS TO THE EXACT LOCATION OF THE BOUNDARIES OF THE SPECIAL FLOOD HAZARD AREAS (E.G., WHERE THERE APPEARS TO BE A CONFLICT BETWEEN A MAPPED BOUNDARY AND ACTUAL FIELD CONDITIONS). THE PERSON CONTESTING THE LOCATION OF THE BOUNDARY SHALL BE GIVEN A REASONABLE OPPORTUNITY TO APPEAL THE INTERPRETATION AS PROVIDED IN SECTION 17-6 (APPEAL AND VARIANCE PROCEDURES). 9 TAKE REMEDIAL ACTIONS ON VIOLATIONS OF THIS ORDINANCE AS REQUIRED IN SECTION 17-3-8 (ABATEMENT OF VIOLATIONS) HEREIN. ((O)05-35, Enacted, 10/05/2005) 17-4-4 Designation of the Floodplain Administrator The Town Engineer or his/her designee is hereby appointed to administer, implement, and enforce this ordinance and guidelines set forth in Article 17.4, Administration, by processing Floodplain Use Permits in accordance with its provisions. ((O)05-35, Enacted, 10/05/2005) 37 Article 17-5 PROVISIONS FOR FLOOD HAZARD REDUCTION Sections: 17-5-1 Standards of Construction 17-5-2 Standards for Storage of Materials and Equipment 17-5-3 Standards for Utilities 17-5-4 Standards and Submittal Requirements for Subdivisions 17-5-5 Standards for Manufactured Homes 17-5-6 Standards for Recreational Vehicles 17-5-7 Floodways 17-5-8 Floodway Fringe Area Requirements 17-5-9 Flood Related Erosion-Prone Area 17-5-1 Standards of Construction In all regulatory floodplain areas, the following standards are required: A. Anchoring 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure RESULTING FROM HYDRODYNAMIC AND HYDROSTATIC LOADS, INCLUDING THE EFFECTS OF BUOYANCY. 2. All manufactured homes shall meet the anchoring standards of Section 17-5-5. B. Construction Materials and Methods 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. All new construction, substantial improvements, and other proposed new development s hall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, as well 38 as other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide floodwaters around and away from proposed or existing structures and downstream development. C. Elevation and Flood-proofing 1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated at or above the regulatory flood elevation. In areas without a detailed study but within regulatory floodplain boundaries, the applicant shall have an Arizona Registered Professional Civil Engineer prepare a detailed study to determine the depth of the regulatory flood. Nonresidential structures may meet the standards in Section 17-5-1.C.3. Upon the completion of the structure, the elevation of the lowest floor including basement, shall be certified by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Land Surveyor, and provided to the Floodplain Administrator and the Town Building Official. 2. New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, higher than the highest adjacent grade at least one foot higher than the depth number on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in Section 17-5-1.C.3. Upon completion of the structure an Arizona Registered Professional Civil Engineer shall certify to the Floodplain Administrator that the elevation of the structure meets this standard. 3. Nonresidential construction shall either be elevated in conformance with Section 17-5-1.C.1 or 2, or together with attendant utility and sanitary facilities: a. Be flood-proofed so that below the regulatory flood elevation the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 39 c. Be certified by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator and the Town Building Official. 4. Require, for all new construction and substantial improvements of non-residential structures, that HAVE fully enclosed areas below the lowest floor REGULATORY FLOOD ELEVATION that are useable solely for parking of vehicles, building access, or storage in an area other than a basement, and which are subject to flooding, shall be CONSTRUCTED OF FLOOD RESISTANT MATERIALS TO THE REGULATORY FLOOD ELEVATION, HAVE ALL SERVICE FACILITIES ELEVATED AT OR ABOVE THE REGULATORY FLOOD ELEVATION, AND BE designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Architect to OR meet or exceed the following minimum criteria: a. A minimum of two openings, on different sides of each enclosed area, shall be provided having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. 5. Manufactured homes shall meet the above standards and the standards in Section 17-5-5. ((O)05-35, Enacted, 10/05/2005) 17-5-2 Standards for Storage of Materials and Equipment A. The storage or processing of materials is prohibited if they are, in time of flooding: buoyant, flammable, explosive, or could be noxious, deadly, or injurious to human, animal, or plant life. 40 B. Storage of other material or equipment may be allowed if they are not subject to major damage by floods, or if they are firmly anchored to prevent flotation, or if they are readily removable from the area within the time available after flood warning. ((O)05-35, Enacted, 10/05/2005) 17-5-3 Standards for Utilities A. All new or replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters. B. ON-SITE W aste disposal systems shall not be installed WHOLLY OR PARTIALLY in a REGULATORY floodway, or in a regulatory floodplain EROSION SETBACK, OR AS ESTABLISHED BY ADEQ, WHICHEVER IS MOST RESTRICTIVE. ((O)05-35, Enacted, 10/05/2005) 17-5-4 Standards and Submittal Requirements for Subdivisions A. All subdivision proposals shall be consistent with the need to minimize flood damage. B. All subdivision proposals (ALSO REFERRED TO AS A FINAL SITE PLAN) shall have all public utilities and facilities, including but not limited to sewer, gas, electrical, and water systems located and constructed to minimize flood damage. C. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards (See adopted Drainage Criteria Manual). D. Suitability of the Land: Land that has been found by the Floodplain Board to be unsuitable for development with permanent structures based on hydrological and engineering studies of flooding can be platted and used for only open-space and green-belt uses such as those identified in Section 17-5-7.B.1. This includes land which is: 41 1. Physically unsuitable because of flooding, poor drainage, and other features which may endanger health, life, or property, aggravate erosion, increase the flood hazard; or increase the burden imposed on the community, its governmental units, and its citizens; 2. Subject to flooding because of its proximity to the stream or watercourse; or because of low elevation. In applying this provision, the Floodplain Board, with technical support and recommendations from the Town Engineer, shall consider: a. Land subject to flooding by the base flood shall not be platted for residential occupancy, or building sites, or for any other uses that may increase the flood hazard or endanger health, life, or property, unless each lot contains a building site that meets requirements set forth below, in Section 17-5-4G and H, and within other pertinent sections of this ordinance; b. Fill shall not be used to raise land within the regulatory floodway. In other areas subject to flooding by the base flood, fill may be used provided that the proposed fill does not restrict the flow of water and increase flood heights or velocities in the regulatory floodway, according to the same standards established for street fill described in Section 17-5-4F.2 17-5-8 , and provided that compensatory flood storage is provided. E. Flood situation to be shown on plat. Plats submitted shall show the following: 1. Tentative development plans and preliminary development plans (plats) shall show the location, by survey, of watercourses, channels, irrigation laterals, private ditches, culverts, lakes, or other water features, including direction of flow, water level elevations, and the location and extent of areas subject to frequent inundation; 2. All preliminary subdivision proposals shall identify the area of special flood hazard, regulatory floodplain, the elevation of the base flood, pre- and post-development water surface elevations, and pre- and post-development floodplain limits. 3. All tentative, preliminary, and final subdivision plans will provide the elevation(s) of proposed structure(s) and pads. If the site is filled above the base flood elevation, the final lowest floor and pad elevation shall be certified by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Land Surveyor and provided to the Floodplain Administrator and the Town Building Official. 42 4. Final and preliminary plats shall show the limits of the regulatory floodplain and the regulatory floodway; 5. Tentative and preliminary plats and plans (ALSO REFERRED TO AS A FINAL SITE PLAN) shall show proposed improvements for areas subject to flooding and/or for areas which contain extremely poor drainage facilities such that the proposed improvements make the areas safe from flooding for the respective type of occupancy. F. Street Elevations 1. Refer to the Town’s adopted Drainage Criteria Manual and Subdivision Street Standards for additional information and requirements. 2. Fill used for the streets in areas subject to flooding shall not increase flood heights more than A DESIGNATED AMOUNT AS DEFINED IN 17-5-8.A.1,b. 1 (one) foot where the owner of the land doing the development owns both sides of the floodway and not more than 0.1 foot where only one side is owned. In no case should the development increase the water surface elevation more than 0.1 foot on the property owned by others upstream and downstream. Fill in regulatory floodplains for streets shall require the same review and permitting process as any other project requesting fill in a regulated floodplain. The aforementioned water surface elevation increases apply to all watercourse channels in Oro Valley except the Canada del Oro Wash where the elevation of the existing levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood-flow velocities are greater than 4.0 feet per second (fps), flood-flow velocities shall not increase by more than 1.0 fps or ten (10) percent, whichever is less, in the regulatory floodway. Any velocity increase greater than the aforementioned criteria must be reviewed and approved by the Town Engineer. 3. The developer shall provide pre- and post-developed water surface elevation for streets proposed for placement in or adjacent to areas subject to flooding. Headwater ponding limits and water surface elevations shall be shown upstream of all culvert crossings. 43 G. Building Site: 1. Residential lots shall contain a building site, either natural or man-made, which is not subject to flooding by the base flood. 2. In areas subject to flooding by the base flood, where no fill is proposed, the building line shall be located no closer to the watercourse or channel than the edge of the area subject to flooding by the base flood. In areas where fill is used to raise the elevation of the building site, no fill shall be placed in the regulatory floodway, and the building line shall be located no less than twenty five (25) feet landward from the edge of the fill. H. Setback from Channels: Along reaches of all regulated watercourses, erosion hazard setback requirements from banks of washes shall be established in accordance with the Town’s adopted Drainage Criteria Manual or standards accepted by the Town Engineer. I. Easements for Drainage: Whenever any watercourse is located in the area being subdivided, an easement or common area encompassing each side of the watercourse shall be provided for the purpose of protecting and or maintaining the watercourse for flood and drainage purposes, and such further width for construction of bank protection or for allowing for natural meander of the stream or watercourse that may be reasonably expected, or for all these as will be adequate for the purpose, as determined by the Town Engineer. J. Detention/Retention systems: See Town’s adopted Drainage Criteria Manual for requirements pertaining to Detention/Retention systems by visiting the website townoforovalley.com or the administrative offices at 11000 N. La Canada Drive OF THE TOWN OF ORO VALLEY. ((O)05-35, Enacted, 10/05/2005) 44 17-5-5 Standards for Manufactured Homes All manufactured homes that are placed within or substantially improved while located within a regulatory floodplain shall: A. Be elevated so that the lowest structural member or the lowest point of any attached appliances, whichever is lower, is at or above the regulatory flood elevation; and B. Be securely anchored to an adequately anchored foundation system to resist flotation, collapse, or lateral movement by one of the methods listed below. This anchoring requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. 1. By providing an anchoring system designed to withstand horizontal forces of 25 pounds per square foot and uplift forces of 15 pounds per square foot; or 2. By providing over-the-top and frame ties to ground anchors. Specifically: a. Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two (2) additional ties per side at intermediate locations - except that manufactured homes less than 50 feet in length shall require only one (1) additional tie per side; and b. Frame ties be provided at each corner of the home with, five (5) additional ties per side at intermediate points - except that manufactured homes less than 50 feet in length shall require only four (4) additional ties per side; and c. All components of the anchoring system are capable of carrying a force of 4,800 pounds. C. UPON COMPLETION OF INSTALLATION OF THE MANUFACTURED HOME, CERTIFICATION BY A REGISTERED PROFESSIONAL ENGINEER OR SURVEYOR THAT THE ELEVATION REQUIREMENTS OF THIS SECTION HAVE BEEN SATISFIED SHALL BE PROVIDED TO THE FLOODPLAIN ADMINISTRATOR FOR VERIFICATION. ((O)05-35, Enacted, 10/05/2005) 45 17-5-6 Standards for Recreational Vehicles All recreational vehicles placed within a regulatory floodplain area will either: A. Be on site for fewer than 180 consecutive days, and be fully licensed and ready for highway use, to the extent that they are not prohibited by any other ordinance. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or B. Meet the permit requirements of Article 17-4 of this ordinance, and the elevation and anchoring requirements for manufactured homes in Section 17-5-5. ((O)05-35, Enacted, 10/05/2005) 17-5-7 Floodways Located within regulatory floodplain areas, established in Section 17-3-2, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and increase erosion potential, the following provisions apply: A. Encroachments, including fill, new construction, substantial improvements, and other development are generally prohibited in floodways. The Floodplain Administrator will consider encroachments where certification by a an Arizona Registered Professional Civil Engineer is provided demonstrating that encroachments will result in no increase in flood levels during the occurrence of the base flood discharge, and that the encroachment will not pose a threat to life or property. B. Floodway Requirements: 1. USES PERMITTED: The following open space uses shall be permitted within a floodway to the extent that they are not prohibited by any other ordinance or state or federal permit requirements, nor conflict with uses permitted in adjoining zones, and provided they do not require structures, fill, or storage of materials or equipment: a. Agricultural uses, including general farming, pasture, grazing or outdoor plant nurseries, horticulture, viticulture, truck farming, sod farming, wild crop harvesting, and restoration of native vegetation; 46 b. Private and public recreational uses; c. Accessory residential uses, including lawns, gardens, and play areas. C. LIMITATIONS: 1. No use shall be allowed within a floodway which: a. Acting alone or in combination with existing or future uses creates a danger or hazard to life or property. b. Increases the water surface elevation of the base flood; c. Adversely affects groundwater recharge. 2. No ON-SITE waste disposal systems or septic drain fields shall be installed wholly or partly in a floodway. D. If Section 17-5-9 is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions in Article 17.5. ((O)05-35, Enacted, 10/05/2005) 17-5-8 Floodway Fringe Area Requirements A. Floodway fringe areas shall be subject to the following regulations: 1. The following uses shall be permitted within a floodway fringe area to the extent that they are not prohibited by any other ordinance but only upon issuance of a Floodplain Use Permit: a. Any use permitted in Section 17-5-7. b. Any other use not involving structures, provided it is elevated above the regulatory base flood elevation and a determination is made by the Town Engineer that the use will not increase the base flood elevation more than one (1) foot where the owner of the land doing the development owns both sides of the floodway, and not more than 0.1 foot where only one side is owned. In no case should SHALL the development increase the water surface elevation 47 more than 0.1 foot on the property owned by others upstream and downstream, nor unduly restrict the capacity of the channels or floodway of tributaries to the main stream or watercourse, drainage ditches, or other drainage facilities or systems. The aforementioned water surface evaluation increases apply to all watercourse channels in Oro Valley except the Canada del Oro Wash where the elevation of the existing levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood-flow velocities are greater than 4.0 feet per second (fps), a land use/development activity shall not increase flood-flow velocities immediately downstream of the activity by more than 1 fps or ten (10) percent, whichever is less, in the regulatory floodway. Any velocity increase greater than the aforementioned criteria must be reviewed and approved by the Town Engineer. c. Structures, including dwellings, may be erected or moved provided the first LOWEST floor or basement floor is placed at or above the regulatory flood elevation. Land may be filled, provided that the top of such fill shall be at or above the regulatory flood elevation for the particular area, and shall extend at such elevations at least twenty-five (25) feet beyond the limits of any structure erected or placed thereon. The placement of structures and any accompanying fill shall not affect base flood elevation beyond the limits set in Section 17 - 508.A.1.b. above. B. The following minimum requirements apply in all zones designated on the FIRM, the FHBM, and the floodplain of those watercourses with a base flood flow rate EQUAL TO, OR GREATER THAN, of = 50 cfs: 1. All new construction (including pre-fabricated structures and mobile homes) and substantial improvements shall be anchored to prevent floatation and lateral movement, and be constructed with flood resistant materials and methods. 2. All proposed plats and proposals for other developments, including their utilities, streets, and drainage structures, shall be located and designed to be consistent with the need to minimize flood damage. 3. All tentative DEVELOPMENT PLANS, preliminary and final plat proposals, SITE PLANS, FINAL SITE PLANS, IMPROVEMENT PLANS, AND FINAL PLATS, and other proposed new developments shall include base flood elevation data OR AS OTHERWISE DIRECTED BY THE TOWN ENGINEER. 48 4. The Town must be furnished, for permanent record, all elevations and flood-proofing levels for all new or substantially improved structures, whether such structures contain a basement. 5. If in a riverine situation, all adjacent communities and the State Coordinating Office must be notified prior to any alteration or relocation of the watercourse, and copies of such notifications must be sent to the FIA. FEMA . W ithin the proposed altered or relocated portion of any watercourse, the flood carrying capacity shall be maintained. 6. Within one hundred twenty (120) days after completion of construction of any flood control protective works which changes the rate of flow during the flood, or changes the configuration of the floodplain, the person or agency responsible for installation of the protective works shall provide to the governing bodies of all jurisdictions affected by the protective works a new delineation of all floodplains affected. The new floodplain delineation shall be done according to the criteria adopted by the state of Arizona Director of Water Resources. C. LIMITATIONS: 1. No use shall be allowed within a floodway fringe which: a. Acting alone or in combination with existing or future uses creates danger or hazard to life or property. b. Increases the water surface elevation for the base flood BY MORE THAN THAT ALLOWED UNDER SECTION 17-5-8.A.1.b; AND, c. Adversely affects groundwater recharge. 2. No waste disposal systems or septic drain fields shall be installed wholly or partly in a floodway fringe. D. CRITICAL FACILITIES: 1. CRITICAL FACILITY MEANS ANY OF THE FOLLOWING: A. A STRUCTURE OR FACILITY THAT PRODUCES, USES OR STORES HIGHLY VOLATILE, FLAMMABLE, EXPLOSIVE, TOXIC, AND/OR WATER REACTIVE MATERIALS; 49 B. HOSPITALS, EMERGENCY MEDICAL FACILITIES, NURSING HOMES AND/OR HOUSING FACILITIES LIKELY TO HAVE OCCUPANTS WHO MAY NOT BE SUFFICIENTLY MOBILE TO AVOID INJURY OR DEATH DURING A FLOOD; C. ESSENTIAL EMERGENCY RESPONSE FACILITIES, SUCH AS POLICE STATIONS, FIRE STATIONS, EMERGENCY SHELTERS AND/OR OPERATION CENTERS THAT ARE NEEDED FOR PUBLIC SAFETY AND/OR FLOOD RESPONSE ACTIVITIES BEFORE, DURING AND AFTER A FLOOD; AND D. PUBLIC AND PRIVATE UTILITY FACILITIES, SUCH AS, BUT NOT LIMITED TO POWER, WATER AND WASTEWATER TREATMENT, AND/OR COMMUNICATIONS, THAT ARE VITAL TO MAINTAINING OR RESTORING NORMAL SERVICES TO FLOODED AREAS BEFORE, DURING AND AFTER A FLOOD. 2. APPLICABILITY. THE CRITICAL FACILITY REQUIREMENTS SHALL ONLY APPLY ALONG WATERCOURSES WHICH HAVE FEMA DESIGNATED FLOODPLAINS. WHERE THE 0.2 PERCENT CHANCE FLOODPLAIN HAS NOT BEEN ESTABLISHED, THE TOWN ENGINEER MAY REQUIRE THAT THIS FLOODPLAIN BE DELINEATED BY THE APPLICANT. 3. CRITICAL FACILITIES SHALL BE LOCATED OUTSIDE OF THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN, IF POSSIBLE. IF A CRITICAL FACILITY MUST BE LOCATED IN A 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN, IT MUST BE DEMONSTRATED THAT THERE IS EITHER A CRITICAL NEED TO LOCATE IT WITHIN THE FLOODPLAIN, OR THAT THERE IS NOT A SUITABLE ALTERNATIVE SITE, AS JUSTIFIED BY AN ARIZONA REGISTERED CIVIL ENGINEER. ANY CRITICAL FACILITY LOCATED WITHIN A 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN SHALL BE PROTECTED FROM THAT EVENT. PROTECTION INCLUDES, BUT IS NOT LIMITED TO, ELEVATING THE LOWEST FLOOR AND ALL UTILITIES AND MECHANICAL SERVICES TO A MINIMUM OF ONE FOOT ABOVE THE BASE FLOOD OR TO THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN WATER SURFACE ELEVATION, WHICHEVER IS GREATER, PROVIDING ELEVATED ACCESS RAMPS, IF APPROPRIATE, ADEQUATELY PROTECTING THE FACILITY FROM BOTH LATERAL AND VERTICAL EROSION ASSOCIATED WITH THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN, PROVIDING ALL WEATHER ACCESS DURING THE BASE FLOOD AND DEVELOPING AN EMERGENCY RESPONSE PLAN. 4. EXISTING CRITICAL FACILITIES WITHIN THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN THAT PROPOSE SUBSTANTIAL IMPROVEMENTS AND/OR REPAIRS SHALL BE PROTECTED FROM THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOOD EVENT. 50 PROTECTION INCLUDES, BUT IS NOT LIMITED TO, ELEVATING OR FLOOD PROOFING THE LOWEST FLOOR AND ALL UTILITIES AND MECHANICAL SERVICES TO A MINIMUM OF ONE FOOT ABOVE THE BASE FLOOD OR TO THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN WATER SURFACE ELEVATION, WHICHEVER IS GREATER, PROVIDING ELEVATED ACCESS RAMPS, IF APPROPRIATE, ADEQUATELY PROTECTING THE FACILITY FROM BOTH LATERAL AND VERTICAL EROSION ASSOCIATED W ITH THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN, PROVIDING ALL WEATHER ACCESS TO THE BASE FLOOD AND DEVELOPING AN EMERGENCY RESPONSE PLAN. ((O)05-35, Enacted, 10/05/2005) 17-5-9 Flood Related Erosion-Prone Area The protection of Town residents and their property from injury and damage that can occur as a result of streambank lateral migration due to erosion and scour is of primary importance in the administration of this ordinance and the following criteria apply: A. The Floodplain Administrator shall require Floodplain Use Permits for proposed construction and other development within all flood related erosion-prone areas, as determined by lateral migration analysis described in the Town’s Drainage Criteria Manual or in other predetermined, documented evidence. Areas generally most susceptible to lateral erosion and scour include, but are not limited to, locations of historical stream/wash meandering, locations where poorly defined or poorly consolidated banks occur, wash reaches characterized by changes in the direction, velocity, or amount of streamflow, and locations in the proximity of stabilizing features or structures such as rock outcrops or bridges. B. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion, and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard. C. If a proposed development or structure including associated permanent features such as a patio wall or swimming pool or any other feature that is attached to the structure is found to be in the path of flood-related erosion, or would increase the erosion hazard, such improvements shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard. 51 D. Adjacent to all washes with a base flood flow rate OF 50 cfs OR MORE , a setback from the wash is required for all new development to create a safety buffer. The setback shall be determined using the method outlined in the Town of Oro Valley Drainage Criteria Manual. The buffer may be used for suitable open space purposes, such as for outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. The erosion setback shall be calculated streamward from the outer most permanent/fixed feature on the property and this structure or feature constructed in such a manner that it will be protected should lateral channel migration occur to its base. ((O)05-35, Enacted, 10/05/2005) 52 Article 17-6 APPEAL AND VARIANCE PROCEDURES Sections: 17-6-1 Nature of Variances 17-6-2 Floodplain Board 17-6-3 Appeals and Request for Variance Considerations 17-6-4 Conditions for Variances 17-6-1 Nature of Variances The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the Town of Oro Valley to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation are so serious (as much as $25 for $100 of insurance coverage) that variances from the base flood elevation shall not be granted. Variances from other requirements in the Floodplain Management Ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. Additionally, ARS §48-3609 (J) states that the land for which the variance is granted shall be ineligible for exchange of State land pursuant to the flood relocation and land exchange program provided for by title 26, chapter 2, article 2. A copy of the notice shall be recorded in the office of the Pima County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances in a biennial report to FEMA and ADWR. ((O)05-35, Enacted, 10/05/2005) 53 17-6-2 Floodplain Board A. The Floodplain Board of Oro Valley shall hear and decide requests for variances from the requirements of this ordinance to FEMA regulated floodplains, as well as hear appeals to decisions from previous determinations or actions on non-FEMA regulated floodplains by the Floodplain Administrator or the Town Engineer. B. The Floodplain Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance with regard to FEMA regulated floodplains and floodplains identified on the Town’s Flood INSURANCE RATE Hazard Boundary Maps. ((O)05-35, Enacted, 10/05/2005) 17-6-3 Appeals and Request for Variance Considerations A. In passing upon appeals and requests for variance, the Floodplain Board shall consider all technical evaluations, all relevant factors, and all standards specified in other sections of this ordinance, and also consider: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger of life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and Floodplain Management Program for the area encompassing the proposed use; 54 9. The safety of access to the property in time of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and, 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, and streets and bridges. B. Upon consideration of the factors of Section 17-6-3A and the purposes of this ordinance, the Floodplain Board may attach such conditions to the granting of appeals and variances as it deems necessary to further the purposes of this ordinance. C. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance; and shall report any such variances that are issued in FEMA regulated floodplains in its biennial report, which is also, submitted to the Federal Emergency Management Agency. B. ANY APPLICANT TO WHOM A VARIANCE IS GRANTED SHALL BE GIVEN W RITTEN NOTICE OVER THE SIGNATURE OF THE FLOODPLAIN ADMINISTRATOR, OR THEIR DESIGNEE, THAT: 1. THE ISSUANCE OF A VARIANCE TO CONSTRUCT A STRUCTURE BELOW THE BASE FLOOD ELEVATION WILL RESULT IN INCREASED PREMIUM RATES FOR FLOOD INSURANCE UP TO AMOUNTS AS HIGH AS $25 FOR $100 OF INSURANCE COVERAGE, AND 2. SUCH CONSTRUCTION BELOW THE REGULATORY FLOOD ELEVATION INCREASES RISKS TO LIFE AND PROPERTY; AND 3. THE LAND UPON WHICH THE VARIANCE IS GRANTED SHALL BE INELIGIBLE FOR EXCHANGE OF STATE LAND PURSUANT TO THE FLOOD RELOCATION AND LAND EXCHANGE PROGRAM PROVIDED BY ARS §37-610. A COPY OF THE NOTICE SHALL BE RECORDED IN THE OFFICE OF THE PIMA COUNTY RECORDER AND SHALL BE RECORDED IN A MANNER SO THAT IT APPEARS IN THE CHAIN OF TITLE OF THE AFFECTED PARCEL OF LAND. E. A PERSON AGGRIEVED IN ANY MANNER BY AN ACTION OF THE FLOODPLAIN REVIEW BOARD MAY WITHIN THIRTY DAYS APPEAL TO THE FLOODPLAIN BOARD. ((O)05-35, Enacted, 10/05/2005) 55 17-6-4 Conditions for Variances A. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; 3. A determination that failure to grant the variance would result in exceptional hardship to the applicant; 4. A showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to the wash WATER. This includes only facilities defined in Article 17.2 of this ordinance in the definition of functionally dependent use (which is unlikely due to the Town of Oro Valley’s arid climate); and 5. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. B. Variances shall not be issued within any designated regulatory floodway if any increase in regulatory floodway elevation would result during the base flood discharge. C. Variances may be issued for the repair, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and that the variance is the minimum necessary in order to preserve the historic character and design of the structure. D. The Floodplain Administrator, at his/her discretion, may grant a variance for non-FEMA regulated flood hazard areas. E. GENERALLY, VARIANCES MAY BE ISSUED FOR NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS TO BE ERECTED ON A LOT OF ONE-HALF ACRE OR LESS IN SIZE CONTIGUOUS TO AND SURROUNDED BY LOTS WITH EXISTING STRUCTURES CONSTRUCTED BELOW THE REGULATORY FLOOD ELEVATION, PROVIDED THE PROCEDURES OF SECTIONS 17-4 AND 17-5 OF 56 THIS ORDINANCE HAVE BEEN FULLY CONSIDERED. AS THE LOT SIZE INCREASES BEYOND ONE- HALF ACRE, THE TECHNICAL JUSTIFICATION REQUIRED FOR ISSUING THE VARIANCE INCREASES. ((O)05-35, Enacted, 10/05/2005) 57 Article 17-7 ORDINANCE AMENDMENTS Sections: 17-7-1 Procedures 17-7-1 Procedures A. The Floodplain Board may from time to time, after a public hearing required by law (ARS §38-431.01, and other Open Meeting Laws), amend, supplement, or change the regulations set forth herein or subsequently established. Any amendment, supplement, or change may be initiated by the Floodplain Board or by petition of affected persons hereafter provided. B. The procedures established by this Article are to provide for appropriate and timely ordinance amendments, with due consideration of the purpose of this ordinance. ((O)05-35, Enacted, 10/05/2005) 58 Article 17-8 FEES Sections: 17-8-1 Fee Schedule 17-8-1 Fee Schedule Fees for floodplain use permits will be charged based on the fee schedule approved by the Town Council. ((O)05-35, Enacted, 10/05/2005)    Town Council Regular Session Item # 4. b. Meeting Date:04/05/2017   Requested by: Justin Turner  Submitted By:Justin Turner, Community Development & Public Works Department:Community Development & Public Works Information SUBJECT: PUBLIC HEARING: ORDINANCE NO. (O)17-04, AMENDING TOWN CODE CHAPTER 17, FLOODPLAIN AND EROSION HAZARD MANAGEMENT, TO COMPLY WITH LEGISLATIVE CHANGES GOVERNING FLOODPLAIN MANAGEMENT UNDER THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) CODE OF FEDERAL REGULATION RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: This is a procedural item to update the current ordinance so that it is compliant with mandated state and federal regulatory changes that have occurred governing floodplain management. BACKGROUND OR DETAILED INFORMATION: The proposed ordinance changes are a recommendation from the Arizona Department of Water Resources (ADWR) to comply with Federal Emergency Management Agency (FEMA) Code of Federal Regulation. Deficits in the current code were brought to the attention of Town staff by ADWR during a 2012 audit (Community Assistance Visit). A summary of the notable changes to the Town Code are attached hereto. Another reason to bring the Town Code into compliance is that these changes will enable the Town to enjoy benefits by participating in the FEMA Community Rating System (CRS) program. The CRS program is a voluntary program recognizing communities where their floodplain management activities exceed minimum requirements. Participation in this program could result in discount flood insurance premiums for our community residents. Additional information regarding the CRS program is provided in the attached FEMA fact sheet. These changes have been reviewed, without objection, by staff from ADWR. FISCAL IMPACT:  N/A SUGGESTED MOTION: I MOVE to (adopt or deny) Ordinance No. (O)17-04, Amending Town Code Chapter 17, Floodplain and Erosion Hazard Management, to comply with legislative changes governing floodplain management under the Federal Emergency Management Agency (FEMA) Code of Federal Regulation.   Attachments (O)17-04 Floodplain Erosion  Chapter 17 Revision  Notable Changes  CRS Fact Sheet  Floodplain Ordinance Town of Oro Valley Attorney’s Office 091205 ORDINANCE NO. (O)17-04 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING ORO VALLEY TOWN CODE CHAPTER 17, FLOODPLAIN AND EROSION HAZARD MANAGEMENT TO COMPLY WITH LEGISLATIVE CHANGES GOVERNING FLOODPLAIN MANAGEMENT UNDER THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) CODE OF FEDERAL REGULATION WHEREAS, on October 5, 2005, the Town Council approved Ordinance (O) 05-35, adding Chapter 17, Floodplain and Erosion Hazard Management to the Oro Valley Town Code; and WHEREAS, it is necessary to update Chapter 17, Floodplain and Erosion Hazard Management, to remain in compliance with mandated state and federal regulatory changes that have occurred governing floodplain management; and WHEREAS, the Mayor and Council desire to amend the Oro Valley Town Code, Chapter 17, Floodplain and Erosion Hazard Management in order to remain in compliance with mandated state and federal regulatory changes. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona that: SECTION 1. The certain document known as the “Oro Valley Town Code, Chapter 17, Floodplain and Erosion Hazard Management” attached hereto as Exhibit A and incorporated herein by reference, is hereby amended. SECTION 2. All Oro Valley Ordinances, Resolutions, or Motions and part of Ordinances, Resolutions or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. 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, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council of the Town of Oro Valley, Arizona, this 5th day of April, 2017. 2 TOWN OF ORO VALLEY Dr. Satish I. Hiremath, Mayor ATTEST: APPROVED AS TO FORM: ___________________________ Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date :_______________________ Date: _________________________ 3 EXHIBIT “A” 1 Oro Valley Town Code Chapter 17 FLOODPLAIN AND EROSION HAZARD MANAGEMENT Articles: 17-1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS 17-2 DEFINITIONS 17-3 GENERAL PROVISIONS 17-4 ADMINISTRATION 17-5 PROVISIONS FOR FLOOD HAZARD REDUCTION 17-6 APPEAL AND VARIANCE PROCEDURES 17-7 ORDINANCE AMENDMENTS 17-8 FEES 2 Article 17-1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS Sections: 17-1-1 Statutory Authorization 17-1-2 Findings of Fact 17-1-3 Statement of Purpose 17-1-4 Methods of Reducing Flood Losses 17-1-1 Statutory Authorization The Legislature of the State of Arizona has, in ARS §48-3610, enabled the Town of Oro Valley to ASSUME THE POWERS AND DUTIES FOR FLOODPLAIN MANAGEMENT AND adopt regulations in conformance with ARS §48-36039 that are designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Town Council of Oro Valley, Arizona, does ordain as follows. ((O)05-35, Enacted, 10/05/2005) 17-1-2 Findings of Fact A. The flood hazard areas of Oro Valley are subject to periodic inundation that may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by the cumulative effect of obstructions in the regulatory floodplain, which increase flood heights and velocities. Also, when these obstructions are inadequately anchored, they may cause damage in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. ((O)05-35, Enacted, 10/05/2005) 3 17-1-3 Statement of Purpose It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in the regulatory floodplain; F. To help maintain a stable tax base by providing for the protection of regulatory floodplain and erosion hazard areas; G. To insure ENSURE that potential buyers are notified that property is in a regulatory floodplain; H. To insure ENSURE that those who occupy an area in a regulatory floodplain assume responsibility for their actions; and I. To PARTICIPATE IN AND maintain eligibility for FLOOD INSURANCE AND disaster relief. ((O)05-35, Enacted, 10/05/2005) 17-1-4 Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to the public health, safety, and welfare as well as public and private property, due to water or development hazards; or which result in increased damages to development or increases in flood heights or velocities; 4 B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of start of construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help to accommodate natural flood storage potential or the channelization of floodwaters; D. Controlling filling, grading, dredging, and other development that may increase flood damage; and E. Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters, or that may increase flood hazards in other areas. 5 Article 17-2 DEFINITIONS Sections: 17-2-1 Definitions 17-2-1 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage, and to give this ordinance its most reasonable application. ACCESSORY STRUCTURE: A STRUCTURE THAT IS ON THE SAME PARCEL OF PROPERTY AS A PRINCIPAL STRUCTURE, THE USE OF WHICH IS INCIDENTAL TO THE USE OF THE PRINCIPAL STRUCTURE. Alluvial Fan means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported downstream by flood flows, and then deposited on valley floors, and that is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement, deposition, and channel migration. Alluvial Fan - Inactive means an alluvial fan where floodwaters typically flow within incised channels, and adjacent lands are stable. Alluvial Fan Flooding means flooding occurring on the surface of an alluvial fan, or similar landform, which originates at the apex; and is characterized by high-velocity flows; active processes of erosion, sediment transport, deposition, and unpredictable flow paths. Alluvial Fan High Hazard Area (AFHH) means an area of active alluvial fan flooding that is reserved to convey and receive sediment and floodwater without altering, and thereby potentially increasing, the distribution of flood hazards across the fan to otherwise inactive areas and areas located down slope. Apex means a point on an alluvial fan, or similar landform, below which the flow path of the major stream that formed the fan becomes unpredictable, and alluvial fan flooding can occur. Appeal means a request for a review of the decision of the Floodplain Administrator or Town Engineer concerning previous determinations or actions, pursuant to this chapter. Appeals are heard and decided by the Floodplain Board. 6 Area of Shallow Flooding means a Federal Emergency Management Agency (FEMA) designated Zone "A" or Zone "X" area depicted on a Flood Insurance Rate Map (FIRM) for the community, or an area identified on a Flood Hazard Boundary Map that has, on an annual basis, a one percent or greater chance of flooding to an average depth of one-half foot, or greater, during the occurrence of a base flood at locations where a clearly defined channel does not exist and the path of the flooding is often unpredictable and indeterminate DESIGNATED ZONE AO, AH, AR/AO OR AR/AH ON A COMMUNITY’S FLOOD INSURANCE RATE MAP (FIRM) WITH A ONE PERCENT OR GREATER ANNUAL CHANCE OF FLOODING TO AN AVERAGE DEPTH OF ONE TO THREE FEET WHERE A CLEARLY DEFINED CHANNEL DOES NOT EXIST, WHERE THE PATH OF FLOODING IS UNPREDICTABLE, AND WHERE VELOCITY FLOW MAY BE EVIDENT. SUCH FLOODING IS CHARACTERIZED BY PONDING OR SHEET FLOW. Base Flood means a flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood shall mean the peak discharge of a 100-year flood of 50 cubic feet per second (cfs) or greater. Said flood shall be determined from an analysis of floods on a particular watercourse, and other watercourses in the same general region, in accordance with the criteria established by the Arizona Department of Water Resources and the Town of Oro Valley, which criteria are hereby, incorporated by reference and made a part of this ordinance. Basement means any area of a structure with a subgrade floor, i.e., below the adjacent ground level, ON ALL SIDES. BUILDING. SEE "STRUCTURE." Community means any state or area or political subdivision thereof, or any Indian tribe, authorized tribal organization, or authorized native organization, which has authority to adopt and enforce Floodplain Management Regulations for the areas within its jurisdiction. Community Rating System (CRS) means a program created by FEMA that provides premium reductions on flood insurance to individual policyholders in communities that have adopted programs, standards, and practices that exceed the minimum federal standards. Critical Facility means a facility such as a hospital, nursing home, police and fire stations, and other public safety facilities that would be severely impacted by flooding interrupting critical services or leading to significant sheltering needs for the sick or elderly. 7 Cumulative Substantial Damage means the total of all repairs to a repetitive loss structure, which shall not cumulatively increase the market value of the structure by more than 49% during the life of the structure. This term does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official, and which are the minimum necessary to assure safe living conditions; or b. Any repair of flood damage to a "historic structure", provided the repair will not preclude the structure’s continued designation as a "historic structure." Detention System means a type of flood control system which delays the downstream progress of flood- waters in a controlled manner, generally through the combined use of a temporary storage area and a metered outlet device, which causes a lengthening of the duration of the flow and thereby reduces downstream flood peaks. Development means any man-made change to improved or unimproved real estate, including but not limited to structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and storage of materials and equipment located within the regulatory floodplain. Dwelling means a habitable structure. ELEVATION CERTIFICATE. AN ADMINISTRATIVE TOOL OF THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) THAT IS USED TO PROVIDE ELEVATION INFORMATION NECESSARY TO ENSURE COMPLIANCE WITH COMMUNITY FLOODPLAIN MANAGEMENT ORDINANCES, TO DETERMINE THE PROPER INSURANCE PREMIUM RATE, AND TO SUPPORT A REQUEST FOR A LETTER OF MAP AMENDMENT (LOMA) OR LETTER OF MAP REVISION BASED ON FILL (LOMR-F). Encroachment means the advance or infringement of uses, landscape vegetation, fill, excavation, permanent structures, or development into a floodplain that may impede or alter the flow capacity of a floodplain. An equal degree of encroachment is a standard applied to the evaluation of the effects of the encroachment on increases in flood heights. It assumes that an encroachment, if permitted, may confer on all property owners on both sides of the watercourse an equal right to encroach to the same degree within that reach. Since the factors affecting hydraulic efficiency are usually not uniform within a reach, this standard will usually not result in equal measured distances between regulatory floodway limit lines and the regulatory floodplain boundaries of the watercourse. 8 Erosion means the process of the gradual wearing away of landmasses resulting from wind, water, or ice THIS PERIL IS NOT, PER SE, COVERED UNDER THE NATIONAL FLOOD INSURANCE PROGRAM. Erosion Hazard Area means lands adjoining a watercourse that is regulated by this ordinance which are deemed by the Town Engineer to be subject to flood-related erosion losses (Ref. The Adopted Drainage Criteria Manual, Town of Oro Valley). Erosion Setback means the minimum horizontal distance between a structure or permanent feature and the channel bank necessary to protect the structure/feature from flood related erosion damage. For method to be used for determination of the erosion setback, see the adopted Drainage Criteria Manual, Town of Oro Valley. Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are affixed (including, at a minimum, the installation of utilities, construction of streets, and either final site grading or the pouring of concrete slabs) was completed before the effective date of the floodplain management regulations adopted by the community. Expansion to an Existing Manufactured Home Park or Subdivision means preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) means an agency of the federal government responsible for programs of disaster response and recovery, disaster preparedness, hazard mitigation, flood insurance, and other programs of technical and financial assistance. Federal Insurance AND MITIGATION Administration (FIA FIMA) means a directorate of FEMA responsible for MANAGES the National Flood Insurance Program Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas caused by the unusual and rapid accumulation or runoff of surface waters from any source. A GENERAL AND TEMPORARY CONDITION OF PARTIAL OR COMPLETE INUNDATION OF NORMALLY DRY LAND AREAS FROM: (1) THE OVERFLOW OF FLOODWATERS; (2) THE UNUSUAL AND RAPID ACCUMULATION OR RUNOFF OF SURFACE WATERS FROM ANY SOURCE; AND/OR (3) THE COLLAPSE OR SUBSIDENCE OF LAND ALONG THE SHORE OF A LAKE OR OTHER BODY OF WATER AS A RESULT OF EROSION OR UNDERMINING CAUSED BY WAVES OR CURRENTS OF WATER 9 EXCEEDING ANTICIPATED CYCLICAL LEVELS OR SUDDENLY CAUSED BY AN UNUSUALLY HIGH WATER LEVEL IN A NATURAL BODY OF WATER, ACCOMPANIED BY A SEVERE STORM OR BY AN UNANTICIPATED FORCE OF NATURE, SUCH AS FLASH FLOOD OR AN ABNORMAL TIDAL SURGE, OR BY SOME SIMILARLY UNUSUAL AND UNFORESEEABLE EVENT WHICH RESULTS IN FLOODING AS DEFINED IN THIS DEFINITION. Flood Insurance Program (FIP) means the federal program established to provide flood insurance and to regulate development in flood hazard zones. Through the FIP, the federal government defines flood hazards and flood hazard zones, and publishes the information on Flood Insurance Rate Maps (FIRMs). Flood Hazard Boundary Map (FHBM) means any official maps issued by the Town Engineer for the purpose of identifying floodplains/flood-prone areas; also, floodplains/flood-prone areas identified on recorded subdivision plats. Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by Federal Emergency Management Agency of the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood. Floodplain or Flood-prone Area means any land area susceptible to being inundated by water from any source (see flooding). Floodplain Administrator is the Town Engineer, or his/her designee, whose duty it is to oversee administration and enforcement of the floodplain management regulations contained in this document. Floodplain Board means the Town Council of Oro Valley, at such times as they are engaged in the enforcement of this ordinance. Floodplain Management means the operation of an integrated natural resource management program encompassing corrective and preventive measures for reducing flood and erosion damage. Floodplain management includes but is not limited to emergency preparedness planning, flood control works and Floodplain Management Regulations. 10 Floodplain Management Regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other applications of legal and regulatory authority that control use of, and development in, flood- prone areas. This term describes federal, state, or local regulations, and any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain Use Permit means an official document that authorizes special activity within the regulatory floodplains or erosion hazard areas of Oro Valley. Flood Protection System means those physical structural works for which funds have been authorized, appropriated, and expended; and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to designation as a regulatory floodplain as well as the extent and depths of associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards. Flood-Proofed means a watertight structure with walls substantially impermeable to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy, AND BY MEANS OTHER THAN ELEVATION. Flood-Proofing means any combination of structural and non-structural additions, changes, or adjustments to structures that reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents BY MEANS OTHER THAN ELEVATION. Flood-related Erosion means the collapse, subsidence, or lateral migration of land along a wash as a result of undermining caused by flowing water COLLAPSE OR SUBSIDENCE OF LAND ALONG THE SHORE OF A LAKE OR OTHER BODY OF WATER AS A RESULT OF UNDERMINING CAUSED BY WAVES OR CURRENTS OF WATER EXCEEDING ANTICIPATED CYCLICAL LEVELS OR SUDDENLY CAUSED BY AN UNUSUALLY HIGH WATER LEVEL IN A NATURAL BODY OF WATER, ACCOMPANIED BY A SEVERE STORM, OR BY AN UNANTICIPATED FORCE OF NATURE, SUCH AS A FLASH FLOOD OR AN ABNORMAL TIDAL SURGE, OR BY SOME SIMILARLY UNUSUAL AND UNFORESEEABLE EVENT WHICH RESULTS IN FLOODING. Floodway means the channel of a watercourse and the adjacent land areas that must be reserved in order to provide for the passage of floodwaters or flood flows (see Regulatory Floodway). 11 Floodway Fringe is that area of the floodplain lying on either side of a Regulatory Floodway where encroachment may be permitted. FUNCTIONALLY DEPENDENT USE. A USE WHICH CANNOT PERFORM ITS INTENDED PURPOSE UNLESS IT IS LOCATED OR CARRIED OUT IN CLOSE PROXIMITY TO WATER. THE TERM INCLUDES ONLY DOCKING FACILITIES, PORT FACILITIES THAT ARE NECESSARY FOR THE LOADING AND UNLOADING OF CARGO OR PASSENGERS, AND SHIP BUILDING AND SHIP REPAIR FACILITIES, AND DOES NOT INCLUDE LONG TERM STORAGE OR RELATED MANUFACTURING FACILITIES. Governing Body is the local governing unit (i.e., county or municipality) empowered to adopt and implement regulations providing for the public health, safety, and general welfare of its citizenry. Hardship means that the physical characteristics of the property in question are so un usual, exceptional, and peculiar that a variance regarding its use may be requested and granted. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, be construed to qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, requires the property owner to build elsewhere, or means that the parcel must be put to a different use than originally intended. Highest Adjacent Grade means the highest natural elevation of the ground surface immediately adjacent to a structure prior to construction of the proposed walls of a structure. Historic Structure means any structure that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on THE State of Arizona as inventory of historic places, as approved by the Secretary of the Interior; or 12 D. Individually listed on the Town of Oro Valley’s inventory of historic places and that have been certified by an approved State of Arizona program, as determined by the Secretary of the Interior. Levee means a human-made structure, usually an earthen embankment designed and constructed in accordance with sound engineering practices, for the purpose of containing, controlling, or diverting the flow of water so as to provide protection from temporary flooding. Lowest Floor means the lowest floor of the lowest enclosed area including the basement (see basement definition) or crawl space under a manufactured home if it is not vented. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered to be the lowest floor of a structure; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. Manufactured Home means a structure, transportable in one or more sections, which in the traveling mode is eight (8) feet or more wide or forty (40) feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent foundation and contains plumbing, heating, air cooling, and electrical systems. WHICH IS BUILT ON A PERMANENT CHASSIS AND IS DESIGNED FOR USE WITH OR WITHOUT A PERMANENT FOUNDATION WHEN ATTACHED TO THE REQUIRED UTILITIES. THE TERM "MANUFACTURED HOME" DOES NOT INCLUDE A "RECREATIONAL VEHICLE." Manufactured Home Park or Subdivision means any lot, tract, or parcel of land used or offered for use, in whole or in part, with or without charge, for parking of manufactured homes or trailer coaches used for sleeping or household purposes. A PARCEL (OR CONTIGUOUS PARCELS) OF LAND DIVIDED INTO TWO OR MORE MANUFACTURED HOME LOTS FOR RENT OR SALE. Market Value means the determination of the estimated cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of deprec iation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the 13 differences. ALTERNATIVELY, THE MARKET VALUE IS THE VALUATION MADE BY THE PIMA COUNTY ASSESSOR’S OFFICE. Mean Sea Level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum of 1988 (NAVD ’88 ), or other datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced. National Flood Insurance Program (NFIP) means a program administered by FEMA that makes federally backed flood insurance available for purchase by individuals that live in NFIP participating communities. New Construction means structures and any subsequent improvements to such structures for which the start of construction commenced on or after the effective date of adoption of: A. An initial FIRM or after December 31, 1974, whichever is later, within federally regulated flood hazard zones. B. This chapter for floodplain and erosion hazard management. NEW CONSTRUCTION. FOR THE PURPOSES OF DETERMINING INSURANCE RATES, STRUCTURES FOR WHICH THE “START OF CONSTRUCTION” COMMENCED ON OR AFTER THE EFFECTIVE DATE OF AN INITIAL FLOOD INSURANCE RATE MAP OR AFTER DECEMBER 31, 1974, WHICHEVER IS LATER, AND INCLUDES ANY SUBSEQUENT IMPROVEMENTS TO SUCH STRUCTURES. FOR FLOODPLAIN MANAGEMENT PURPOSES, “NEW CONSTRUCTION” MEANS STRUCTURES FOR WHICH THE "START OF CONSTRUCTION" COMMENCED ON OR AFTER THE EFFECTIVE DATE OF A FLOODPLAIN MANAGEMENT REGULATION ADOPTED BY A COMMUNITY AND INCLUDES ANY SUBSEQUENT IMPROVEMENTS TO SUCH STRUCTURES. Obstruction includes, but is not limited to, any dam, wall, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, structure, wire, fence, rock, gravel, refuse, fill, stru cture, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or which due to its location influences its propensity to snare or collect debris carried by the flow of water, thereby reducing its likelihood of being carried downstream as well as reducing the channel’s ability to convey flow. One Hundred Year Flood means the flood having a one percent chance of being equaled or exceeded in any given year (see base flood). 14 Person means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or the State of Arizona or its agencies or political subdivisions. Program means the National Flood Insurance Program authorized by 42 U.S.C. 4001-4128, or as authorized by subsequent Federal statutes. Reach is a hydraulic engineering term to describe longitudinal segments of a stream or watercourse. A reach will generally include the segment of the flood hazard area where flood heights are primarily controlled by man- made or natural obstructions or constrictions. In an urban area, an example of a reach would be the segment of a stream or watercourse between two consecutive bridge crossings. Recreational Vehicle means a vehicle that is: A. Built on a single chassis; B. 400 square feet or less in area, when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory Flood Elevation means an elevation that is one foot above the calculated water surface elevation of the base flood. Regulatory Floodplain or Flood-Prone Area means that portion of the geologic floodplain associated with a water-course, including its channel or any other floodplain or flood-prone area that would be inundated by the base flood. It also means areas which are subject to sheet flooding, special flood hazard areas, and those areas mapped as floodplains/flood-prone on recorded subdivision plats or other flood hazard boundary maps. Regulatory Floodway means the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than A DESIGNATED AMOUNT. 1 (one) foot, where the owner of the land doing the development owns both sides of the watercourse, and not more than 0.1 foot where only one side is owned. In no case should the development increase the water surface elevation more than 0.1 foot on the property owned by others that is located upstream and downstream of the development. The aforementioned water surface elevation increases apply to all watercourse channels in Oro Valley except the Canada del Oro wash where the elevation of the existing 15 levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood-flow velocities are greater than 4.0 feet per second (fps), flood-flow velocities shall not increase by more than 1.0 fps or 10 percent, whichever is less, in the regulatory floodway. Any velocity increase greater than the aforementioned criteria must be reviewed, and approved by the Town Engineer. Remedy a violation means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this ordinance, otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. Repetitive Loss Structure means a structure, covered by a contract for flood insurance issued pursuant to the National Flood Insurance Act, that has incurred flood-related damage on two occasions during any 10-year period ending on the date of the event for which a second claim is made, and for which the cost of repairing the flood damage, on average, equaled or exceeded 25% 24% of the market value of the structure at the time of each such flood event. In addition to the current claim, the NFIP must have paid the previous qualifying claim. Retention System means a type of flood control system that stops the downstream progress of flood water by employing methods of total containment which generally involve creation of storage areas that incorporate infiltration devices, such as dry wells, to dispose of stored waters, principally by percolation over some specified period of time, thereby eliminating basin contributions to downstream flood peaks or flood volumes. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Sheet Flow Area (see Area of Shallow Flooding) Special Flood Hazard Area (SFHA) means an area IN THE FLOOD PLAIN designated by FEMA as having a special flood or flood related erosion hazard, and is the land subject to a one-percent or greater chance of flooding in any given year. A SFHA may be designated on a FHBM or FIRM as a Zone A, AO, AE, AH or shaded Zone X for the base flood, as well as for areas that the Town Engineer, using the best available data, has determined may be subject to a flood hazard during the base flood. Start of Construction includes substantial improvement OR OTHER PROPOSED NEW DEVELOPMENT, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within THE TIME PERIOD WHEN THE PERMIT 16 WAS ACTIVE 180 days of the permit date; and provided the first Town of Oro Valley inspection is completed by the Town, at the request of the permittee, within 180 days of permit issuance. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction also includes filling, DOES NOT INCLUDE LAND PREPARATION SUCH AS the installation of streets and/or walkways, the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a structure, whether or not that alteration affects the external dimensions of the structure. Structure means any building or containment unit that is constructed or erected, the use of which requires location on the ground or attachment to a foundation having a location on the ground. Substantial Damage means damage of any origin, CUMULATIVELY TRACKED OVER A PERIOD OF TEN (10) YEARS, sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 49 percent of the market value of the structure before the damage occurred. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a rolling 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 24 percent of the market value of the structure before the damage occurred. Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, CUMULATIVELY TRACKED OVER A PERIOD OF TEN (10) YEARS, the cost of which equals or exceeds 50 49 percent of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. The term does not, however, include either: A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official, and which are the minimum necessary to assure safe living conditions, or B. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. 17 Variance means a modification of the literal provisions GRANT OF RELIEF FROM THE REQUIREMENTS of this ordinance that is granted by the Floodplain Administrator or the Floodplain Board (for FEMA floodplains) upon a finding that strict enforcement of the provisions would cause undue hardship owing to circumstances unique to the individual property for which the variance is granted, and not caused by the applicant for said variance. Violation means the failure of a structure or other development to be fully compliant with the Town of Oro Valley Floodplain Management Regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this ordinance, is presumed to be in violation until such time as such documentation is provided. Violation also means unauthorized construction, grading, encroachment, diversion, or lack of maintenance of private drainage structures. Water Surface Elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of riverine areas. Watercourse means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur, including regulatory floodplains as designated by FEMA or the Town of Oro Valley. ((O)05-35, Enacted, 10/05/2005) 18 Article 17-3 GENERAL PROVISIONS Sections: 17-3-1 Lands to Which This Ordinance Applies 17-3-2 Basis for Establishing the Regulatory Floodplain Areas 17-3-3 Compliance 17-3-4 Abrogation and Greater Restrictions 17-3-5 Interpretation 17-3-6 Statutory Exemptions 17-3-7 Floodplain Violations 17-3-8 Abatement of Violations 17-3-9 Unlawful Acts 17-3-10 Remedies 17-3-11 Severability 17-3-12 Warning and Disclaimer of Liability 17-3-1 Lands to Which This Ordinance Applies This ordinance shall apply to all regulatory floodplain areas within the corporate limits of the Town of Oro Valley, but only to such areas. ((O)05-35, Enacted, 10/05/2005) 17-3-2 Basis for Establishing the Regulatory Floodplain Areas The regulatory floodplain areas identified by the Federal Insurance AND MITIGATION Administration (FIA FIMA) of the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled The Flood Insurance Study (FIS) for Pima County, Arizona and Incorporated Areas, revised February 8, 1999, JUNE 16, 2011, with accompanying Flood Insurance Rate Maps (FIRMs) dated February 8, 1999 JUNE 16, 2011, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This Flood Insurance Study (FIS) and attendant mapping may be supplemented by studies for other areas that allow implementation of this ordinance. The Floodplain Board, within the incorporated limits of the Town of Oro Valley, shall require developers of land to delineate, within areas where development is ongoing or imminent, floodplains consistent with the criteria developed by the FEMA, the Arizona Director of Water Resources, and the Town Engineer, pursuant to the Town’s adopted Drainage Criteria Manual. The Flood Insurance Study, AND FIRMs, and FHBMs are on file at the TOWN OF ORO 19 VALLEY Oro Valley’s Department of Public Works, COMMUNITY DEVELOPMENT AND PUBLIC WORKS, 11000 N. La Canada Drive, Oro Valley, Arizona. Additionally, areas determined by the Town Engineer and /or shown on FHBM , including floodplains/flood- prone areas identified on previously recorded subdivision plats (and those recorded hereafter), are also hereby adopted, by reference, and declared a part of this ordinance. A. Regulatory floodplains shall be subject to the following regulations, except as hereinafter provided: 1. No person or persons shall construct any structure which will divert, retard, or obstruct the flow of water in any stream, watercourse, or regulatory floodplain area without having secured all necessary permits from any governmental agency from which approval is required by Federal or State or Local law, and said permits or copies thereof shall be provided to the Floodplain Administrator for review. 2. No person shall construct any structure that will divert, retard, or obstruct the flow of water in any stream, watercourse, or regulatory floodplain area without securing written authorization in the form of a Floodplain Use Permit from the Town of Oro Valley, except as exempted in Section 17-3- 6 of this ordinance. 3. The FIS and areas shown on FHBM FIRMs, together with floodplains associated with washes and/or sheet flow areas having 100-year peak discharges of 50 cfs or more, are the minimum areas of applicability of this ordinance, and may be supplemented by studies for other areas that allow implementation of this ordinance. Applicants for development in the Town of Oro Valley shall delineate floodplains consistent with criteria developed by FEMA, the Town Engineer, and/or pursuant to the Town’s adopted Drainage Criteria Manual. 4. All property in the regulatory floodplains, except that covered by statutory exemptions EXCEPTIONS, shall be governed according to the provisions herein. 5. Any use of land otherwise authorized by law shall be permitted, provided such use meets the minimum standards of the regulations hereinafter set forth. 20 B. Elevation and Boundary Refinements: 1. The determination of elevations (water surface, lowest finished floor, and adjacent land) and regulatory floodway and regulatory floodplain boundaries is an engineering function with calculations and decisions made in accordance with the concepts and policies set forth in this ordinance. The best technical data available shall be used for such calculations and decisions. Initial determinations shall be based on floodplain information reports of the Pima County Flood Control District, U.S. Corps of Engineers, U.S. Bureau of Reclamation, U.S. Geological Survey, and/or other general data that are pertinent for the conditions of the streams or the watercourses at the time the data are obtained. 2. Additional and more detailed technical analysis will, from time to time, become available through private or governmental studies and activities. These data will permit refinements in the elevations and boundaries of regulatory floodway and regulatory floodplains in the respective reaches of the streams or watercourses. 3. Whenever such additional data become available and it seems desirable to make refinements i.e. Letter of Map Amendments (LOMA’s) or Letter of Map Revisions (LOMR’s), such refinements or revisions may be made at the request of the property owners or developers or by the Town Engineer. The necessary engineering calculations shall be made for the property owner or developer by an Arizona Registered Professional Civil Engineer (at the owner’s/ developer’s expense) in conformance with requirements of this chapter, the FEMA, and the Arizona Department of Water Resources. These findings will need approval of the Town Engineer. Following the Town’s approval of these refinements to regulatory floodplain areas identified on FIRMs and FHBMs, the property owner shall have calculations and forms forwarded to FEMA for review and approval. 4. The Town Engineer or his/her duly designated representative shall have the authority and responsibility to revise and refine elevations and boundaries of regulatory floodways and regulatory floodplains whenever such revisions and refinements are for the purpose and in accordance with the conditions set forth in Sections 17-4-3.B.1.d, 17-5-8B.3, 17-5-8B.4, and 17-5-8B.5 of this ordinance. a. The Flood Insurance Rate Map for Pima County and Incorporated Areas shall be revised to show the refined area boundaries and/or elevations. 21 b. The Town Engineer shall notify the owner of each property for which area boundaries and/or elevations have been revised or refined, as well as those owners of adjoining property immediately upstream and downstream, by first class mail following a duly noticed public hearing on the property involved. c. An appeal to the Floodplain Board may be taken by any person aggrieved, in accordance with Article 17-6 of this ordinance. ((O)05-35, Enacted, 10/05/2005) 17-3-3 Compliance All development of land, construction of residential, commercial, or industrial structures, or future development within delineated floodplain areas is subject to the terms of this ordinance. ((O)05-35, Enacted, 10/05/2005) 17-3-4 Abrogation and Greater Restrictions The provisions of this ordinance are not intended to interfere with, abrogate, or annul any ordinance, rule, regulations, or permit previously adopted or issued, and not be in conflict with any provision of this ordinance or any regulation that shall be adopted or issued pursuant to law relating to the use of structure or ordinance not in conflict with this ordinance; nor is it intended by this ordinance to interfere with or abrogate or annul any easement, covenant, or other agreement between parties, except when this ordinance imposes a greater restriction, this ordinance shall control. ((O)05-35, Enacted, 10/05/2005) 17-3-5 Interpretation In the interpretation and application of this ordinance, all provisions shall be: A. Considered as minimum requirements; B. Liberally constructed in favor of the governing body; and, C. Deemed neither to limit nor repeal any other powers granted under state statutes. ((O)05-35, Enacted, 10/05/2005) 22 17-3-6 Statutory Exemptions EXCEPTIONS A. In accordance with ARS §48-3609.H, unless expressly provided this and any regulation adopted pursuant to this article do not affect: 1. Existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land or a structure is discontinued for twelve (12) months or destroyed to the extent of fifty (50) percent FORTY-NINE PERCENT (49%) OR MORE of its MARKET value, as determined by three competent appraisers A COMPETENT APPRAISER, OR THE VALUATION MADE BY THE PIMA COUNTY ASSESSOR’S OFFICE, any further use shall comply with this article and regulations of the Town of Oro Valley. 2. Reasonable repair or alteration of property for the purposes for which the property was legally used on August 3, 1984, or any regulations affecting such property takes effect, ex cept that any alteration, addition, or repair to a nonconforming structure which would result in increasing its flood damage potential by fifty (50) percent FORTY-NINE PERCENT (49%) or more shall be either flood-proofed or elevated to or above the regulatory flood elevation. 3. Reasonable repair of structures constructed with the written authorization required by ARS §48-3613. 4. Facilities constructed or installed pursuant to a certificate of environmental compatibility issued pursuant to ARS Title 40, Chapter 2, Article 6.2. B. In accordance with ARS §48-3613, a floodplain use permit giving written authorization shall not be required, nor shall the Floodplain Board or Town Engineer prohibit: BEFORE THE FOLLOWING TYPES OF CONSTRUCTION AUTHORIZED BY THIS SECTION MAY BEGIN, THE RESPONSIBLE PERSON MUST SUBMIT GRADING PLANS AND A GRADING PERMIT APPLICATION. THE APPLICANT MUST OBTAIN NECESSARY PLAN AND PERMIT APPROVALS, AS WELL AS MEET REQUIREMENTS PURSUANT TO THE ORO VALLEY ZONING CODE REVISED, TOWN OF ORO VALLEY DRAINAGE CRITERIA MANUAL, AND ANY OTHER APPLICABLE TOWN STANDARDS: 1. The construction of bridges, culverts, dikes, and other structures necessary for the construction of public highways, roads, and streets intersecting or crossing a watercourse. 23 2. The construction of storage dams for watering livestock or wildlife, structures on banks of a watercourse to prevent erosion of, or damage to, adjoining land, if the structure will not divert, retard or obstruct the natural channel of the watercourse, or dams for the conservation of floodwaters as permitted by ARS Title 45, Chapter 6. 3. The construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This paragraph does not exempt those sand and gravel operations that will divert, retard or obstruct the flow of waters in any watercourse from complying with, and acquiring authorization from, the Town Engineer or the Floodplain Board pursuant to regulations adopted by the Floodplain Board under this article. 4. Other construction, if it is determined by the Town Engineer that a floodplain use permit is unnecessary. 5. Any flood control district, county, city, town, or other political subdivision from exercising powers granted to it under this article. ARS 48, CHAPTER 21, ARTICLE 1. 6. The construction, by a public agency or political subdivision, of streams, waterways, lakes, and other auxiliary facilities in conjunction with development of public parks and recreation facilities. 7. The construction and erection of poles, towers, foundations, support structures, guy wires, and other facilities related to power transmission as constructed by any utility, whether a public service corporation or a political subdivision. 8. The development and/or structure permitted in special permits granted by the State agency having the primary land management administrative duty over the lands if development or construction is to be on lands owned or held in trust by the State. 9. Future development in an approved subdivision provided seventy-five (75) percent of such regulatory floodplain area within the platted and approved subdivision to be developed and utilized for dwelling units or commercial or industrial structures has been so developed and utilized as of August 8, 1973. C. Before any construction authorized by Subsection B of this section may begin, the responsible person must submit grading plans and a grading permit application. The applicant must obtain necessary plan and 24 permit approvals, as well as meet requirements pursuant to the Oro Valley Zoning Code (Revised), Town of Oro Valley Drainage Criteria Manual, and any other applicable Town standards. D C. In addition to other penalties or remedies otherwise provided by law, the state of Arizona, a political subdivision thereof, or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation, or obstruction of a watercourse has the right to go through an Administrator/Board to commence, maintain, and prosecute any appropriate action or pursue any remedy to enjoin, abate, or otherwise prevent any person from violating or continuing to violate this section or regulations adopted pursuant to this article. If a person is found to be in violation of this section, the Administrator/Board shall require the violator either to comply with this section, if authorized by the Floodplain Board for FEMA regulated floodplains (the Town Engineer for non-FEMA regulated floodplains), or to remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation, including reasonable costs and attorney fees. ((O)05-35, Enacted, 10/05/2005) 17-3-7 Floodplain Violations A. DECLARATION OF PUBLIC NUISANCE. Every new structure, fill, excavation, or ALL development located or maintained within any regulatory floodplain area after August 8, 1973, in violation of this ordinance, and without written authorization from the Floodplain Board for FEMA regulated floodplains (the Town Engineer for non-FEMA regulated floodplains), is a public nuisance, per se, and may be abated, prevented or restrained by action of the Floodplain Board. ((O)05-35, Enacted, 10/05/2005) 17-3-8 Abatement of Violations Upon discovery of a violation to this ordinance, the Floodplain Administrator shall either: A. Take any necessary action to effect the abatement of such violation; or B. Order the owner of the property upon which the violation exists to provide whatever additional information may be required for determination by the floodplain administrator. Such information must be provided to the Floodplain Administrator within 30 days of such order. Within 30 days, the Floodplain Administrator shall either order the abatement of said violation or shall grant a variance in accordance with the provisions of Article 17 -6- 4 herein; or 25 C. For FEMA regulated floodplains, submit to the Administrator of the Federal Insurance Administration a declaration for denial of insurance, stating that the property is in violation of a cited state or local law, regulation or ordinance, pursuant to Section 1316 of the National Flood Insurance Act of 1968, and as amended. ((O)05-35, Enacted, 10/05/2005) 17-3-9 Unlawful Acts A. It is unlawful for any person to divert, retard or obstruct the flow of waters in any watercourse whenever it creates a hazard to life or property without securing the written authorization of the Floodplain Administrator or the Floodplain Board for FEMA regulated floodplains REQUIRED BY ARS §48-3613. Where the watercourse is a delineated floodplain, it is unlawful to excavate or build any structure affecting the flow of waters without securing written authorization of the Floodplain Administrator or the Floodplain Board for FEMA regulated floodplains REQUIRED PER ARS §48-3613. B. It is unlawful for any person to neglect maintenance responsibilities on private drainage improvements. C. Any person violating the provisions of this section shall be subject to penalties pursuant to Article 1-8, Penalties, Oro Valley Town Code. ((O)05-35, Enacted, 10/05/2005) 17-3-10 Remedies All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or to remove prohibited structures, obstructions, or improvements; nor prevent the enforcement, correction, or removal thereof. In addition to the other penalties or remedies provided in this Article, the state of Arizona, any political subdivision thereof, or any person who may be damaged as a result of the diversion, retardation, or obstruction of a watercourse shall have the right to commence, maintain, and prosecute any appropriate action or pursue any remedy to enjoin, abate, or otherwise prevent any person from violating or continuing to violate any provision of this ordinance. ((O)05-35, Enacted, 10/05/2005) 26 17-3-11 Severability This ordinance, and its various parts thereof, is hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid. ((O)05-35, Enacted, 10/05/2005) 17-3-12 Warning and Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes, and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the regulatory floodplain areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the Town of Oro Valley, any officer or employee thereof, the state of Arizona, the Federal Insurance Administration, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. ((O)05-35, Enacted, 10/05/2005) 27 Article 17-4 ADMINISTRATION Sections: 17-4-1 Establishment of Floodplain Use Permits 17-4-2 Enforcement and Inspection 17-4-3 Duties of Floodplain Administrator and Use Permit Procedures 17-4-4 Designation of the Floodplain Administrator 17-4-1 Establishment of Floodplain Use Permits A. RESPONSIBILITY FOR PERMITS: It shall be the duty of the Town Engineer and all departments, officials, and public employees vested with the duty or authority to issue permits or licenses, to enforce the provisions of this ordinance; and no such license or permit shall be issued for uses or building where the same would be in conflict with the provisions of this ordinance. Any such license or permit, if issued in conflict with the provisions of this ordinance, shall be null and void. B. FLOODPLAIN USE PERMITS: It shall be unlawful to erect, construct, reconstruct, alter, or change the use of any structure within any regulatory floodplain area covered by this ordinance without first applying for and obtaining a Floodplain Use Permit from the Town Engineer. ; but no such Floodplain Use Permit shall be required for any repairs or improvements for which the value of the materials and labor thereon does not exceed $7500.00. For the purpose of determining the value of any such repairs, alterations, or improvements, the normal retail value of materials and reasonable value of the labor performed shall be used. Even though no Floodplain Use Permit is required, all other provisions of this ordinance shall be observed in the performance of said repairs or improvements, and this section shall be interpreted to apply only to repairs or improvements that, in fact, constitute complete units, and shall not apply to any effort to repair or improve property units, piecemeal, and by subterfuge for the purpose of avoiding applying for a permit when the cost of said work is, in fact, in excess of $7500.00. C. APPLICATION FOR FLOODPLAIN USE PERMIT: Application for a Floodplain Use Permit shall be made on forms furnished by the Town Engineer, and must include, without limitation, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the areas in question; existing or proposed structures including walls, bank protection, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 28 1. Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures. In a designated Zone AO, elevation of existing highest adjacent natural grade and proposed elevation of lowest floor of all structures must be obtained; 2. Proposed elevation, in relation to mean sea level, to which any structure will be flood -proofed; 3. Certification by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in Section 17-5-1.C; and 4. BASE FLOOD ELEVATION DATA SHALL BE PROVIDED FOR SUBDIVISIONS OR OTHER DEVELOPMENTS GREATER THAN 50 LOTS OR 5 ACRES, WHICHEVER IS THE LESSER; AND, 4 5. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Each such application shall be accompanied by an application fee, as set forth by the Town, payable to the Town of Oro Valley. ((O)05-35, Enacted, 10/05/2005) 17-4-2 Enforcement and Inspection A. ENFORCEMENT: It shall be the duty of the Town Engineer, through his/her duly appointed Floodplain Administrator and officials of the Town otherwise charged with the enforcement of the law, to enforce this ordinance and all of the provisions of the same. B. INSPECTIONS: Inspections shall be made by the Town Engineer or by a duly appointed Floodplain Administrator. C. COOPERATION: The Town Floodplain Administrator may request, and shall receive so far as may be necessary in the discharge of his/her duties, the assistance and cooperation of all departments, agencies, officials, and public employees vested with the duty or authority to issue permits, licenses, or to enforce the regulations of this ordinance. D. TOWN OF ORO VALLEY ADMINISTRATION: Hydrologic, hydraulic, and related floodplain regulations, as well as engineering matters pertaining to the administration and direction of this ordinance, shall be referred to 29 the Town of Oro Valley Town Engineer or his/her designated representative, who shall be responsible for such reviews, advice, and recommendations. E. COOPERATION AGREEMENTS AND CONSULTANTS: The Floodplain Administrator, through the applicable procurement and/or intergovernmental agreement procedures, may retain consultants and experts; and may enter into cooperative agreements for the delineation of floodplains and floodways as well as for such other assistance and guidance considered appropriate and necessary to obtain maximum reasonable protection and benefits under this ordinance. ((O)05-35, Enacted, 10/05/2005) 17-4-3 Duties of Floodplain Administrator and Use Permit Procedures A. The Floodplain Administrator shall issue Floodplain Use Permits required by this Section. B. The following procedure shall be used by the Floodplain Administrator in considering issuance of Floodplain Use Permits. 1. Upon receiving an application for a Floodplain Use Permit involving the use of fill, construction of structures, or the storage of materials, and prior to rendering a decision thereon the Floodplain Administrator may: a. Require the applicant to submit, where applicable, plans in triplicate drawn to scale showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, storage of materials, flood-proofing measures; and the relationship of the above to the location of the channel, regulatory floodway, the regulatory floodplain with base flood elevations, the proposed project in relation to flood heights and velocities, and the plans for flood protection. The applicant shall provide a new delineation of all regulatory floodplains affected by the project. The new delineation and reports shall be prepared in conformance with FEMA requirements and this ordinance. The delineation shall show pre- and post-project floodplain limits and water surface elevations upstream, adjacent, and downstream of the project. b. Require, where circumstances necessitate more detailed information, the applicant to furnish as much of the following additional information as is deemed necessary by the Floodplain Administrator for the evaluation of the effects of the proposed use upon flood flows 30 and the consideration of other factors necessary to render a decision on suitability of the proposed use: (i) A typical valley cross-section showing the floodway, floodway fringe area, and the floodplain of the watercourse; elevation of land areas adjoining each side of the channel; cross-sectional areas to be occupied by the proposed development; and high water information. (ii) A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream, and soil types, as well as other pertinent information; (iii) A profile showing the slope of the bottom of the channel or flow line of the watercourse; (iv) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities; c. Ensure that the proposed development does not adversely affect the carrying capacity of channels at locations where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance, adversely affects means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one (1) foot where the owner of the land doing the development owns both sides of the floodway and more than 0.1 foot where only one side is owned. In no case shall the development increase the water surface elevation more than 0.1 foot on the properties owned by others that are located upstream and downstream. The aforementioned water surface elevation increases apply to all watercourse channels in Oro Valley except the Canada del Oro Wash where the elevation of the existing levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood - flow velocities are greater than 4.0 feet per second (fps), flood-flow velocities shall not increase by more than 1.0 fps or ten (10) percent, whichever is less, in the regulatory floodway. Any 31 velocity increase greater than the aforementioned criteria must be reviewed and approved by the Town Engineer. d. For FEMA regulated floodplains, MAY require the applicant to submit appropriate (e.g. CLOMR, CLOMR-F, etc.) applications, forms, and information to FEMA for review and approval. A Floodplain Use Permit shall be issued by the Town of Oro Valley upon acknowledgement from FEMA of the acceptance of the CLOMR. e. Ensure other related State of Arizona and federal permits have been issued. 2. No permit shall be issued for any development that is not in conformance with this ordinance, FEMA regulations, or some other provision of law relating to such development. A Floodplain Use Permit may be denied if the proposed development constitutes a danger or hazard to life or property. In making such a determination, the Floodplain Administrator may consider the following factors: a. The danger to life and property due to increased flood heights or velocities caused by encroachments; b. The danger that materials may be swept on to other lands or downstream to the injury of others; c. The proposed water supply and sanitation systems, and the ability of these systems to prevent disease, contamination, and unsanitary conditions; d. The susceptibility of the proposed facility and its contents to flood damage, and the affect EFFECT of such damage on the individual owner; e. The importance of the services provided by the proposed facility to the community; f. The availability of alternative locations for the proposed use that are not subject to flooding; g. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; h. The relationship of the proposed use to the comprehensive plan and Floodplain Management program for the area encompassing the proposed use; 32 i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, development potential, and sediment transport of the floodwaters expected at the site; k. Such other factors as are relevant to the purposes of this ordinance. 3. Upon consideration of the factors listed above and the purposes of this ordinance, the Floodplain Administrator may attach such conditions to the granting of a Floodplain Use Permit as he/she deems necessary to further the purposes of this ordinance, including but not limited to: a. Modification of waste disposal and water supply facilities; b. Limitations on periods of use and of operation; c. Imposition of operational controls, sureties related to temporary uses, and deed restrictions; d. Requirements for construction of channel modifications, dikes, levees, and other protective measures; e. Flood-proofing measures such as the following shall be designed consistent with the regulatory flood elevation for the particular area: Flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the base flood. The Floodplain Administrator may require that the applicant submit a plan document, certified by an Arizona Registered Professional Civil Engineer, that the flood-proofing measures are consistent with the regulatory flood elevation and associated flood factors for the particular area. The following flood-proofing measures may be required, without limitation, because of specific enumeration: (i) Anchorage to resist floatation and lateral movement; (ii) Installation of watertight doors, bulkheads, and shutters; (iii) Reinforcement of walls to resist water pressures; (iv) Use of paints, membranes, or mortars to reduce seepage of water through the walls; 33 (v) Addition of mass or weight to structures to resist floatation; (vi) Installation of pumps to lower water levels in structures; (vii) Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters; (viii) Pumping facilities to relieve sub-surface external foundation wall and basement floor pressures; (ix) Construction to resist rupture or collapse caused by water pressure or floating debris; (x) Cut-off valves on sewer lines, or the elimination of gravity flow basement drains; or (xi) Elevation of structures, and uses to the regulatory flood elevation. C. The Floodplain Administrator shall be responsible for the following duties: 1. Obtain and maintain for public inspection and make available the following: a. CERTIFICATION OF THE The certified regulatory flood elevation required in Section 17- 5-1.C.1 , 17-5-1.C.3 , AND 17-5-5; (ARS.§ 48-3609); b. The Zone AO certification required in Section 17-5-1.C.2; c. The floodproofing certification required in Section 17-5-1.C.3; d. The certified opening elevation required in Section 17-5-1.C.4.b 17-5-1.C.4; and e. Permit records for repair of flood-related damage to structures on a cumulative basis over the life of the structure. REVIEW AND MAINTAIN RECORDS OF ALL DEVELOPMENT PERMITS FOR IMPROVEMENTS AND/OR DAMAGES TO EXISTING STRUCTURES TO DETERMINE IF THE APPLICATION OF THE SUBSTANTIAL IMPROVEMENT RULES APPLY, INCLUDING ESTABLISHING A DEFINITION OF MARKET VALUE DETERMINATION AND VERIFYING THAT THE ESTIMATED IMPROVEMENT AND/OR REPAIR COSTS ARE LESS THAN 49% OF THE MARKET VALUE OF THE STRUCTURE, CALCULATED OVER A 10-YEAR PERIOD FROM THE INITIAL APPLICATION FOR IMPROVEMENT OR REPAIR OF 34 DAMAGES. THE SUBSTANTIAL IMPROVEMENT RULES SHALL APPLY TO THE FOLLOWING. 1. QUALIFYING STRUCTURES LOCATED IN REGULATORY FLOODPLAINS AS DESIGNATED BY FEMA; THOSE AREAS MAPPED AS FLOODPLAINS/ FLOOD- PRONE ON RECORDED SUBDIVISION PLATS; OR ON FLOOD HAZARD BOUNDARY MAPS PREPARED BY, OR FOR, THE FLOODPLAIN ADMINISTRATOR. QUALIFYING STRUCTURES SHALL ALSO SATISFY ONE OF THE FOLLOWING TWO ADDITIONAL CONDITIONS , A. PRE-FIRM STRUCTURES CONSTRUCTED BEFORE THE DATE OF THE INITIAL FLOOD INSURANCE RATE MAP ISSUED FOR THE TOWN DATED DECEMBER 4, 1979; OR, B. LEGAL NON-CONFORMING STRUCTURES CONSTRUCTED ON, OR AFTER, DECEMBER 4, 1979 IN COMPLIANCE WITH THE EFFECTIVE FIRM AT THE TIME OF CONSTRUCTION, AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE WRITTEN AUTHORIZATION IN EFFECT AT THE TIME OF CONSTRUCTION. F. CERTIFICATION OF ELEVATION FOR SUBDIVISIONS REQUIRED BY 17-5-4.E G. CERTIFICATION FOR FLOODWAY ENCROACHMENTS REQUIRED BY 17 -5-7.4. H. RECORDS OF ALL VARIANCE ACTIONS, INCLUDING JUSTIFICATION FOR THEIR ISSUANCE REQUIRED BY 17-6-3.C. 2. Whenever a watercourse is to be altered or relocated: a. Notify adjacent communities and ADWR prior to such alteration or relocation of a watercourse, and submit evidence of such notification to FIA FEMA through appropriate notification means; and b. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained. 3. Within one hundred twenty days after completion of construction of any flood control protective works which changes the rate of flow during the flood or the configuration of the floodplain 35 upstream or downstream from or adjacent to the project, the person or agency responsible for installation of the project shall provide to the governing bodies of all jurisdictions affected by the project a new delineation of all floodplains affected by the project. The new delineation shall be done according to the criteria adopted by the ADWR. (A.R.S. § 48-3609 (I)). 4. Advise the district of Pima County and any adjunct jurisdiction having responsibility for floodplain management in writing and provide a copy of a development plan of all applications for floodplain use permits or variances to develop land in a floodplain or floodway within one mile of the corporate limits of the Town of Oro Valley, AZ. Also, advise the district of Pima County in writing and provide a copy of any development plan of any major development proposed within a floodplain or floodway, which could affect floodplains, floodways or watercourses within the district’s area of jurisdiction. Written notice and a copy of the plan of development shall be sent to the district no later than three (3) working days after having been received by Town of Oro Valley. (A.R.S. § 48-3610 (B) (2)) 5. Notify FEMA and ADWR of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. 6. A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Administrator (FEMA) FEMA of the changes by submitting technical or scientific data in accordance with this part VOLUME 44 CODE OF FEDERAL REGULATIONS SECTION 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. 7. USE OF OTHER BASE FLOOD DATA. WHEN BASE FLOOD ELEVATION DATA HAS NOT BEEN PROVIDED IN ACCORDANCE WITH SECTION 17-3-2 (BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD), THE FLOODPLAIN ADMINISTRATOR SHALL OBTAIN, REVIEW AND REASONABLY UTILIZE ANY BASE FLOOD ELEVATION DATA AVAILABLE FROM A FEDERAL, STATE OR OTHER SOURCE, IN ORDER TO ADMINISTER SECTION 17-5- 1 (STANDARDS FOR CONSTRUCTION). ANY SUCH INFORMATION SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE DIRECTOR OF THE ARIZONA DEPARTMENT OF WATER RESOURCES AND MAY BE SUBMITTED TO THE FLOODPLAIN BOARD FOR ADOPTION. 36 8. MAKE MAP INTERPRETATIONS, WHERE NEEDED, AS TO THE EXACT LOCATION OF THE BOUNDARIES OF THE SPECIAL FLOOD HAZARD AREAS (E.G., WHERE THERE APPEARS TO BE A CONFLICT BETWEEN A MAPPED BOUNDARY AND ACTUAL FIELD CONDITIONS). THE PERSON CONTESTING THE LOCATION OF THE BOUNDARY SHALL BE GIVEN A REASONABLE OPPORTUNITY TO APPEAL THE INTERPRETATION AS PROVIDED IN SECTION 17-6 (APPEAL AND VARIANCE PROCEDURES). 9 TAKE REMEDIAL ACTIONS ON VIOLATIONS OF THIS ORDINANCE AS REQUIRED IN SECTION 17-3-8 (ABATEMENT OF VIOLATIONS) HEREIN. ((O)05-35, Enacted, 10/05/2005) 17-4-4 Designation of the Floodplain Administrator The Town Engineer or his/her designee is hereby appointed to administer, implement, and enforce this ordinance and guidelines set forth in Article 17.4, Administration, by processing Floodplain Use Permits in accordance with its provisions. ((O)05-35, Enacted, 10/05/2005) 37 Article 17-5 PROVISIONS FOR FLOOD HAZARD REDUCTION Sections: 17-5-1 Standards of Construction 17-5-2 Standards for Storage of Materials and Equipment 17-5-3 Standards for Utilities 17-5-4 Standards and Submittal Requirements for Subdivisions 17-5-5 Standards for Manufactured Homes 17-5-6 Standards for Recreational Vehicles 17-5-7 Floodways 17-5-8 Floodway Fringe Area Requirements 17-5-9 Flood Related Erosion-Prone Area 17-5-1 Standards of Construction In all regulatory floodplain areas, the following standards are required: A. Anchoring 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure RESULTING FROM HYDRODYNAMIC AND HYDROSTATIC LOADS, INCLUDING THE EFFECTS OF BUOYANCY. 2. All manufactured homes shall meet the anchoring standards of Section 17-5-5. B. Construction Materials and Methods 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. All new construction, substantial improvements, and other proposed new development s hall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, as well 38 as other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide floodwaters around and away from proposed or existing structures and downstream development. C. Elevation and Flood-proofing 1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated at or above the regulatory flood elevation. In areas without a detailed study but within regulatory floodplain boundaries, the applicant shall have an Arizona Registered Professional Civil Engineer prepare a detailed study to determine the depth of the regulatory flood. Nonresidential structures may meet the standards in Section 17-5-1.C.3. Upon the completion of the structure, the elevation of the lowest floor including basement, shall be certified by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Land Surveyor, and provided to the Floodplain Administrator and the Town Building Official. 2. New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, higher than the highest adjacent grade at least one foot higher than the depth number on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in Section 17-5-1.C.3. Upon completion of the structure an Arizona Registered Professional Civil Engineer shall certify to the Floodplain Administrator that the elevation of the structure meets this standard. 3. Nonresidential construction shall either be elevated in conformance with Section 17-5-1.C.1 or 2, or together with attendant utility and sanitary facilities: a. Be flood-proofed so that below the regulatory flood elevation the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 39 c. Be certified by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator and the Town Building Official. 4. Require, for all new construction and substantial improvements of non-residential structures, that HAVE fully enclosed areas below the lowest floor REGULATORY FLOOD ELEVATION that are useable solely for parking of vehicles, building access, or storage in an area other than a basement, and which are subject to flooding, shall be CONSTRUCTED OF FLOOD RESISTANT MATERIALS TO THE REGULATORY FLOOD ELEVATION, HAVE ALL SERVICE FACILITIES ELEVATED AT OR ABOVE THE REGULATORY FLOOD ELEVATION, AND BE designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Architect to OR meet or exceed the following minimum criteria: a. A minimum of two openings, on different sides of each enclosed area, shall be provided having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. 5. Manufactured homes shall meet the above standards and the standards in Section 17-5-5. ((O)05-35, Enacted, 10/05/2005) 17-5-2 Standards for Storage of Materials and Equipment A. The storage or processing of materials is prohibited if they are, in time of flooding: buoyant, flammable, explosive, or could be noxious, deadly, or injurious to human, animal, or plant life. 40 B. Storage of other material or equipment may be allowed if they are not subject to major damage by floods, or if they are firmly anchored to prevent flotation, or if they are readily removable from the area within the time available after flood warning. ((O)05-35, Enacted, 10/05/2005) 17-5-3 Standards for Utilities A. All new or replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters. B. ON-SITE W aste disposal systems shall not be installed WHOLLY OR PARTIALLY in a REGULATORY floodway, or in a regulatory floodplain EROSION SETBACK, OR AS ESTABLISHED BY ADEQ, WHICHEVER IS MOST RESTRICTIVE. ((O)05-35, Enacted, 10/05/2005) 17-5-4 Standards and Submittal Requirements for Subdivisions A. All subdivision proposals shall be consistent with the need to minimize flood damage. B. All subdivision proposals (ALSO REFERRED TO AS A FINAL SITE PLAN) shall have all public utilities and facilities, including but not limited to sewer, gas, electrical, and water systems located and constructed to minimize flood damage. C. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards (See adopted Drainage Criteria Manual). D. Suitability of the Land: Land that has been found by the Floodplain Board to be unsuitable for development with permanent structures based on hydrological and engineering studies of flooding can be platted and used for only open-space and green-belt uses such as those identified in Section 17-5-7.B.1. This includes land which is: 41 1. Physically unsuitable because of flooding, poor drainage, and other features which may endanger health, life, or property, aggravate erosion, increase the flood hazard; or increase the burden imposed on the community, its governmental units, and its citizens; 2. Subject to flooding because of its proximity to the stream or watercourse; or because of low elevation. In applying this provision, the Floodplain Board, with technical support and recommendations from the Town Engineer, shall consider: a. Land subject to flooding by the base flood shall not be platted for residential occupancy, or building sites, or for any other uses that may increase the flood hazard or endanger health, life, or property, unless each lot contains a building site that meets requirements set forth below, in Section 17-5-4G and H, and within other pertinent sections of this ordinance; b. Fill shall not be used to raise land within the regulatory floodway. In other areas subject to flooding by the base flood, fill may be used provided that the proposed fill does not restrict the flow of water and increase flood heights or velocities in the regulatory floodway, according to the same standards established for street fill described in Section 17-5-4F.2 17-5-8 , and provided that compensatory flood storage is provided. E. Flood situation to be shown on plat. Plats submitted shall show the following: 1. Tentative development plans and preliminary development plans (plats) shall show the location, by survey, of watercourses, channels, irrigation laterals, private ditches, culverts, lakes, or other water features, including direction of flow, water level elevations, and the location and extent of areas subject to frequent inundation; 2. All preliminary subdivision proposals shall identify the area of special flood hazard, regulatory floodplain, the elevation of the base flood, pre- and post-development water surface elevations, and pre- and post-development floodplain limits. 3. All tentative, preliminary, and final subdivision plans will provide the elevation(s) of proposed structure(s) and pads. If the site is filled above the base flood elevation, the final lowest floor and pad elevation shall be certified by an Arizona Registered Professional Civil Engineer or an Arizona Registered Professional Land Surveyor and provided to the Floodplain Administrator and the Town Building Official. 42 4. Final and preliminary plats shall show the limits of the regulatory floodplain and the regulatory floodway; 5. Tentative and preliminary plats and plans (ALSO REFERRED TO AS A FINAL SITE PLAN) shall show proposed improvements for areas subject to flooding and/or for areas which contain extremely poor drainage facilities such that the proposed improvements make the areas safe from flooding for the respective type of occupancy. F. Street Elevations 1. Refer to the Town’s adopted Drainage Criteria Manual and Subdivision Street Standards for additional information and requirements. 2. Fill used for the streets in areas subject to flooding shall not increase flood heights more than A DESIGNATED AMOUNT AS DEFINED IN 17-5-8.A.1,b. 1 (one) foot where the owner of the land doing the development owns both sides of the floodway and not more than 0.1 foot where only one side is owned. In no case should the development increase the water surface elevation more than 0.1 foot on the property owned by others upstream and downstream. Fill in regulatory floodplains for streets shall require the same review and permitting process as any other project requesting fill in a regulated floodplain. The aforementioned water surface elevation increases apply to all watercourse channels in Oro Valley except the Canada del Oro Wash where the elevation of the existing levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood-flow velocities are greater than 4.0 feet per second (fps), flood-flow velocities shall not increase by more than 1.0 fps or ten (10) percent, whichever is less, in the regulatory floodway. Any velocity increase greater than the aforementioned criteria must be reviewed and approved by the Town Engineer. 3. The developer shall provide pre- and post-developed water surface elevation for streets proposed for placement in or adjacent to areas subject to flooding. Headwater ponding limits and water surface elevations shall be shown upstream of all culvert crossings. 43 G. Building Site: 1. Residential lots shall contain a building site, either natural or man-made, which is not subject to flooding by the base flood. 2. In areas subject to flooding by the base flood, where no fill is proposed, the building line shall be located no closer to the watercourse or channel than the edge of the area subject to flooding by the base flood. In areas where fill is used to raise the elevation of the building site, no fill shall be placed in the regulatory floodway, and the building line shall be located no less than twenty five (25) feet landward from the edge of the fill. H. Setback from Channels: Along reaches of all regulated watercourses, erosion hazard setback requirements from banks of washes shall be established in accordance with the Town’s adopted Drainage Criteria Manual or standards accepted by the Town Engineer. I. Easements for Drainage: Whenever any watercourse is located in the area being subdivided, an easement or common area encompassing each side of the watercourse shall be provided for the purpose of protecting and or maintaining the watercourse for flood and drainage purposes, and such further width for construction of bank protection or for allowing for natural meander of the stream or watercourse that may be reasonably expected, or for all these as will be adequate for the purpose, as determined by the Town Engineer. J. Detention/Retention systems: See Town’s adopted Drainage Criteria Manual for requirements pertaining to Detention/Retention systems by visiting the website townoforovalley.com or the administrative offices at 11000 N. La Canada Drive OF THE TOWN OF ORO VALLEY. ((O)05-35, Enacted, 10/05/2005) 44 17-5-5 Standards for Manufactured Homes All manufactured homes that are placed within or substantially improved while located within a regulatory floodplain shall: A. Be elevated so that the lowest structural member or the lowest point of any attached appliances, whichever is lower, is at or above the regulatory flood elevation; and B. Be securely anchored to an adequately anchored foundation system to resist flotation, collapse, or lateral movement by one of the methods listed below. This anchoring requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. 1. By providing an anchoring system designed to withstand horizontal forces of 25 pounds per square foot and uplift forces of 15 pounds per square foot; or 2. By providing over-the-top and frame ties to ground anchors. Specifically: a. Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two (2) additional ties per side at intermediate locations - except that manufactured homes less than 50 feet in length shall require only one (1) additional tie per side; and b. Frame ties be provided at each corner of the home with, five (5) additional ties per side at intermediate points - except that manufactured homes less than 50 feet in length shall require only four (4) additional ties per side; and c. All components of the anchoring system are capable of carrying a force of 4,800 pounds. C. UPON COMPLETION OF INSTALLATION OF THE MANUFACTURED HOME, CERTIFICATION BY A REGISTERED PROFESSIONAL ENGINEER OR SURVEYOR THAT THE ELEVATION REQUIREMENTS OF THIS SECTION HAVE BEEN SATISFIED SHALL BE PROVIDED TO THE FLOODPLAIN ADMINISTRATOR FOR VERIFICATION. ((O)05-35, Enacted, 10/05/2005) 45 17-5-6 Standards for Recreational Vehicles All recreational vehicles placed within a regulatory floodplain area will either: A. Be on site for fewer than 180 consecutive days, and be fully licensed and ready for highway use, to the extent that they are not prohibited by any other ordinance. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or B. Meet the permit requirements of Article 17-4 of this ordinance, and the elevation and anchoring requirements for manufactured homes in Section 17-5-5. ((O)05-35, Enacted, 10/05/2005) 17-5-7 Floodways Located within regulatory floodplain areas, established in Section 17-3-2, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and increase erosion potential, the following provisions apply: A. Encroachments, including fill, new construction, substantial improvements, and other development are generally prohibited in floodways. The Floodplain Administrator will consider encroachments where certification by a an Arizona Registered Professional Civil Engineer is provided demonstrating that encroachments will result in no increase in flood levels during the occurrence of the base flood discharge, and that the encroachment will not pose a threat to life or property. B. Floodway Requirements: 1. USES PERMITTED: The following open space uses shall be permitted within a floodway to the extent that they are not prohibited by any other ordinance or state or federal permit requirements, nor conflict with uses permitted in adjoining zones, and provided they do not require structures, fill, or storage of materials or equipment: a. Agricultural uses, including general farming, pasture, grazing or outdoor plant nurseries, horticulture, viticulture, truck farming, sod farming, wild crop harvesting, and restoration of native vegetation; 46 b. Private and public recreational uses; c. Accessory residential uses, including lawns, gardens, and play areas. C. LIMITATIONS: 1. No use shall be allowed within a floodway which: a. Acting alone or in combination with existing or future uses creates a danger or hazard to life or property. b. Increases the water surface elevation of the base flood; c. Adversely affects groundwater recharge. 2. No ON-SITE waste disposal systems or septic drain fields shall be installed wholly or partly in a floodway. D. If Section 17-5-9 is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions in Article 17.5. ((O)05-35, Enacted, 10/05/2005) 17-5-8 Floodway Fringe Area Requirements A. Floodway fringe areas shall be subject to the following regulations: 1. The following uses shall be permitted within a floodway fringe area to the extent that they are not prohibited by any other ordinance but only upon issuance of a Floodplain Use Permit: a. Any use permitted in Section 17-5-7. b. Any other use not involving structures, provided it is elevated above the regulatory base flood elevation and a determination is made by the Town Engineer that the use will not increase the base flood elevation more than one (1) foot where the owner of the land doing the development owns both sides of the floodway, and not more than 0.1 foot where only one side is owned. In no case should SHALL the development increase the water surface elevation 47 more than 0.1 foot on the property owned by others upstream and downstream, nor unduly restrict the capacity of the channels or floodway of tributaries to the main stream or watercourse, drainage ditches, or other drainage facilities or systems. The aforementioned water surface evaluation increases apply to all watercourse channels in Oro Valley except the Canada del Oro Wash where the elevation of the existing levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood-flow velocities are greater than 4.0 feet per second (fps), a land use/development activity shall not increase flood-flow velocities immediately downstream of the activity by more than 1 fps or ten (10) percent, whichever is less, in the regulatory floodway. Any velocity increase greater than the aforementioned criteria must be reviewed and approved by the Town Engineer. c. Structures, including dwellings, may be erected or moved provided the first LOWEST floor or basement floor is placed at or above the regulatory flood elevation. Land may be filled, provided that the top of such fill shall be at or above the regulatory flood elevation for the particular area, and shall extend at such elevations at least twenty-five (25) feet beyond the limits of any structure erected or placed thereon. The placement of structures and any accompanying fill shall not affect base flood elevation beyond the limits set in Section 17 - 508.A.1.b. above. B. The following minimum requirements apply in all zones designated on the FIRM, the FHBM, and the floodplain of those watercourses with a base flood flow rate EQUAL TO, OR GREATER THAN, of = 50 cfs: 1. All new construction (including pre-fabricated structures and mobile homes) and substantial improvements shall be anchored to prevent floatation and lateral movement, and be constructed with flood resistant materials and methods. 2. All proposed plats and proposals for other developments, including their utilities, streets, and drainage structures, shall be located and designed to be consistent with the need to minimize flood damage. 3. All tentative DEVELOPMENT PLANS, preliminary and final plat proposals, SITE PLANS, FINAL SITE PLANS, IMPROVEMENT PLANS, AND FINAL PLATS, and other proposed new developments shall include base flood elevation data OR AS OTHERWISE DIRECTED BY THE TOWN ENGINEER. 48 4. The Town must be furnished, for permanent record, all elevations and flood-proofing levels for all new or substantially improved structures, whether such structures contain a basement. 5. If in a riverine situation, all adjacent communities and the State Coordinating Office must be notified prior to any alteration or relocation of the watercourse, and copies of such notifications must be sent to the FIA. FEMA . W ithin the proposed altered or relocated portion of any watercourse, the flood carrying capacity shall be maintained. 6. Within one hundred twenty (120) days after completion of construction of any flood control protective works which changes the rate of flow during the flood, or changes the configuration of the floodplain, the person or agency responsible for installation of the protective works shall provide to the governing bodies of all jurisdictions affected by the protective works a new delineation of all floodplains affected. The new floodplain delineation shall be done according to the criteria adopted by the state of Arizona Director of Water Resources. C. LIMITATIONS: 1. No use shall be allowed within a floodway fringe which: a. Acting alone or in combination with existing or future uses creates danger or hazard to life or property. b. Increases the water surface elevation for the base flood BY MORE THAN THAT ALLOWED UNDER SECTION 17-5-8.A.1.b; AND, c. Adversely affects groundwater recharge. 2. No waste disposal systems or septic drain fields shall be installed wholly or partly in a floodway fringe. D. CRITICAL FACILITIES: 1. CRITICAL FACILITY MEANS ANY OF THE FOLLOWING: A. A STRUCTURE OR FACILITY THAT PRODUCES, USES OR STORES HIGHLY VOLATILE, FLAMMABLE, EXPLOSIVE, TOXIC, AND/OR WATER REACTIVE MATERIALS; 49 B. HOSPITALS, EMERGENCY MEDICAL FACILITIES, NURSING HOMES AND/OR HOUSING FACILITIES LIKELY TO HAVE OCCUPANTS WHO MAY NOT BE SUFFICIENTLY MOBILE TO AVOID INJURY OR DEATH DURING A FLOOD; C. ESSENTIAL EMERGENCY RESPONSE FACILITIES, SUCH AS POLICE STATIONS, FIRE STATIONS, EMERGENCY SHELTERS AND/OR OPERATION CENTERS THAT ARE NEEDED FOR PUBLIC SAFETY AND/OR FLOOD RESPONSE ACTIVITIES BEFORE, DURING AND AFTER A FLOOD; AND D. PUBLIC AND PRIVATE UTILITY FACILITIES, SUCH AS, BUT NOT LIMITED TO POWER, WATER AND WASTEWATER TREATMENT, AND/OR COMMUNICATIONS, THAT ARE VITAL TO MAINTAINING OR RESTORING NORMAL SERVICES TO FLOODED AREAS BEFORE, DURING AND AFTER A FLOOD. 2. APPLICABILITY. THE CRITICAL FACILITY REQUIREMENTS SHALL ONLY APPLY ALONG WATERCOURSES WHICH HAVE FEMA DESIGNATED FLOODPLAINS. WHERE THE 0.2 PERCENT CHANCE FLOODPLAIN HAS NOT BEEN ESTABLISHED, THE TOWN ENGINEER MAY REQUIRE THAT THIS FLOODPLAIN BE DELINEATED BY THE APPLICANT. 3. CRITICAL FACILITIES SHALL BE LOCATED OUTSIDE OF THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN, IF POSSIBLE. IF A CRITICAL FACILITY MUST BE LOCATED IN A 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN, IT MUST BE DEMONSTRATED THAT THERE IS EITHER A CRITICAL NEED TO LOCATE IT WITHIN THE FLOODPLAIN, OR THAT THERE IS NOT A SUITABLE ALTERNATIVE SITE, AS JUSTIFIED BY AN ARIZONA REGISTERED CIVIL ENGINEER. ANY CRITICAL FACILITY LOCATED WITHIN A 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN SHALL BE PROTECTED FROM THAT EVENT. PROTECTION INCLUDES, BUT IS NOT LIMITED TO, ELEVATING THE LOWEST FLOOR AND ALL UTILITIES AND MECHANICAL SERVICES TO A MINIMUM OF ONE FOOT ABOVE THE BASE FLOOD OR TO THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN WATER SURFACE ELEVATION, WHICHEVER IS GREATER, PROVIDING ELEVATED ACCESS RAMPS, IF APPROPRIATE, ADEQUATELY PROTECTING THE FACILITY FROM BOTH LATERAL AND VERTICAL EROSION ASSOCIATED WITH THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN, PROVIDING ALL WEATHER ACCESS DURING THE BASE FLOOD AND DEVELOPING AN EMERGENCY RESPONSE PLAN. 4. EXISTING CRITICAL FACILITIES WITHIN THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN THAT PROPOSE SUBSTANTIAL IMPROVEMENTS AND/OR REPAIRS SHALL BE PROTECTED FROM THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOOD EVENT. 50 PROTECTION INCLUDES, BUT IS NOT LIMITED TO, ELEVATING OR FLOOD PROOFING THE LOWEST FLOOR AND ALL UTILITIES AND MECHANICAL SERVICES TO A MINIMUM OF ONE FOOT ABOVE THE BASE FLOOD OR TO THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN WATER SURFACE ELEVATION, WHICHEVER IS GREATER, PROVIDING ELEVATED ACCESS RAMPS, IF APPROPRIATE, ADEQUATELY PROTECTING THE FACILITY FROM BOTH LATERAL AND VERTICAL EROSION ASSOCIATED W ITH THE 0.2 PERCENT ANNUAL CHANCE (500-YEAR) FLOODPLAIN, PROVIDING ALL WEATHER ACCESS TO THE BASE FLOOD AND DEVELOPING AN EMERGENCY RESPONSE PLAN. ((O)05-35, Enacted, 10/05/2005) 17-5-9 Flood Related Erosion-Prone Area The protection of Town residents and their property from injury and damage that can occur as a result of streambank lateral migration due to erosion and scour is of primary importance in the administration of this ordinance and the following criteria apply: A. The Floodplain Administrator shall require Floodplain Use Permits for proposed construction and other development within all flood related erosion-prone areas, as determined by lateral migration analysis described in the Town’s Drainage Criteria Manual or in other predetermined, documented evidence. Areas generally most susceptible to lateral erosion and scour include, but are not limited to, locations of historical stream/wash meandering, locations where poorly defined or poorly consolidated banks occur, wash reaches characterized by changes in the direction, velocity, or amount of streamflow, and locations in the proximity of stabilizing features or structures such as rock outcrops or bridges. B. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion, and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard. C. If a proposed development or structure including associated permanent features such as a patio wall or swimming pool or any other feature that is attached to the structure is found to be in the path of flood-related erosion, or would increase the erosion hazard, such improvements shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard. 51 D. Adjacent to all washes with a base flood flow rate OF 50 cfs OR MORE , a setback from the wash is required for all new development to create a safety buffer. The setback shall be determined using the method outlined in the Town of Oro Valley Drainage Criteria Manual. The buffer may be used for suitable open space purposes, such as for outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. The erosion setback shall be calculated streamward from the outer most permanent/fixed feature on the property and this structure or feature constructed in such a manner that it will be protected should lateral channel migration occur to its base. ((O)05-35, Enacted, 10/05/2005) 52 Article 17-6 APPEAL AND VARIANCE PROCEDURES Sections: 17-6-1 Nature of Variances 17-6-2 Floodplain Board 17-6-3 Appeals and Request for Variance Considerations 17-6-4 Conditions for Variances 17-6-1 Nature of Variances The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the Town of Oro Valley to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation are so serious (as much as $25 for $100 of insurance coverage) that variances from the base flood elevation shall not be granted. Variances from other requirements in the Floodplain Management Ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. Additionally, ARS §48-3609 (J) states that the land for which the variance is granted shall be ineligible for exchange of State land pursuant to the flood relocation and land exchange program provided for by title 26, chapter 2, article 2. A copy of the notice shall be recorded in the office of the Pima County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances in a biennial report to FEMA and ADWR. ((O)05-35, Enacted, 10/05/2005) 53 17-6-2 Floodplain Board A. The Floodplain Board of Oro Valley shall hear and decide requests for variances from the requirements of this ordinance to FEMA regulated floodplains, as well as hear appeals to decisions from previous determinations or actions on non-FEMA regulated floodplains by the Floodplain Administrator or the Town Engineer. B. The Floodplain Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance with regard to FEMA regulated floodplains and floodplains identified on the Town’s Flood INSURANCE RATE Hazard Boundary Maps. ((O)05-35, Enacted, 10/05/2005) 17-6-3 Appeals and Request for Variance Considerations A. In passing upon appeals and requests for variance, the Floodplain Board shall consider all technical evaluations, all relevant factors, and all standards specified in other sections of this ordinance, and also consider: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger of life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and Floodplain Management Program for the area encompassing the proposed use; 54 9. The safety of access to the property in time of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and, 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, and streets and bridges. B. Upon consideration of the factors of Section 17-6-3A and the purposes of this ordinance, the Floodplain Board may attach such conditions to the granting of appeals and variances as it deems necessary to further the purposes of this ordinance. C. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance; and shall report any such variances that are issued in FEMA regulated floodplains in its biennial report, which is also, submitted to the Federal Emergency Management Agency. B. ANY APPLICANT TO WHOM A VARIANCE IS GRANTED SHALL BE GIVEN W RITTEN NOTICE OVER THE SIGNATURE OF THE FLOODPLAIN ADMINISTRATOR, OR THEIR DESIGNEE, THAT: 1. THE ISSUANCE OF A VARIANCE TO CONSTRUCT A STRUCTURE BELOW THE BASE FLOOD ELEVATION WILL RESULT IN INCREASED PREMIUM RATES FOR FLOOD INSURANCE UP TO AMOUNTS AS HIGH AS $25 FOR $100 OF INSURANCE COVERAGE, AND 2. SUCH CONSTRUCTION BELOW THE REGULATORY FLOOD ELEVATION INCREASES RISKS TO LIFE AND PROPERTY; AND 3. THE LAND UPON WHICH THE VARIANCE IS GRANTED SHALL BE INELIGIBLE FOR EXCHANGE OF STATE LAND PURSUANT TO THE FLOOD RELOCATION AND LAND EXCHANGE PROGRAM PROVIDED BY ARS §37-610. A COPY OF THE NOTICE SHALL BE RECORDED IN THE OFFICE OF THE PIMA COUNTY RECORDER AND SHALL BE RECORDED IN A MANNER SO THAT IT APPEARS IN THE CHAIN OF TITLE OF THE AFFECTED PARCEL OF LAND. E. A PERSON AGGRIEVED IN ANY MANNER BY AN ACTION OF THE FLOODPLAIN REVIEW BOARD MAY WITHIN THIRTY DAYS APPEAL TO THE FLOODPLAIN BOARD. ((O)05-35, Enacted, 10/05/2005) 55 17-6-4 Conditions for Variances A. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; 3. A determination that failure to grant the variance would result in exceptional hardship to the applicant; 4. A showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to the wash WATER. This includes only facilities defined in Article 17.2 of this ordinance in the definition of functionally dependent use (which is unlikely due to the Town of Oro Valley’s arid climate); and 5. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. B. Variances shall not be issued within any designated regulatory floodway if any increase in regulatory floodway elevation would result during the base flood discharge. C. Variances may be issued for the repair, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and that the variance is the minimum necessary in order to preserve the historic character and design of the structure. D. The Floodplain Administrator, at his/her discretion, may grant a variance for non-FEMA regulated flood hazard areas. E. GENERALLY, VARIANCES MAY BE ISSUED FOR NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS TO BE ERECTED ON A LOT OF ONE-HALF ACRE OR LESS IN SIZE CONTIGUOUS TO AND SURROUNDED BY LOTS WITH EXISTING STRUCTURES CONSTRUCTED BELOW THE REGULATORY FLOOD ELEVATION, PROVIDED THE PROCEDURES OF SECTIONS 17-4 AND 17-5 OF 56 THIS ORDINANCE HAVE BEEN FULLY CONSIDERED. AS THE LOT SIZE INCREASES BEYOND ONE- HALF ACRE, THE TECHNICAL JUSTIFICATION REQUIRED FOR ISSUING THE VARIANCE INCREASES. ((O)05-35, Enacted, 10/05/2005) 57 Article 17-7 ORDINANCE AMENDMENTS Sections: 17-7-1 Procedures 17-7-1 Procedures A. The Floodplain Board may from time to time, after a public hearing required by law (ARS §38-431.01, and other Open Meeting Laws), amend, supplement, or change the regulations set forth herein or subsequently established. Any amendment, supplement, or change may be initiated by the Floodplain Board or by petition of affected persons hereafter provided. B. The procedures established by this Article are to provide for appropriate and timely ordinance amendments, with due consideration of the purpose of this ordinance. ((O)05-35, Enacted, 10/05/2005) 58 Article 17-8 FEES Sections: 17-8-1 Fee Schedule 17-8-1 Fee Schedule Fees for floodplain use permits will be charged based on the fee schedule approved by the Town Council. ((O)05-35, Enacted, 10/05/2005) Town Code Chapter 17 ‐ Notable changes are as follows  1. Article 17‐2‐1 Definitions.   Archaic terms were deleted, and others were added or modified to  conform to the Model Ordinance.  Duplicative or conflicting language was also deleted.    2. Article 17‐2‐1 Definitions.   For CRS considerations, the terms “Substantial Damage” and  “Substantial Improvement” were changed from being tracked over the life of the project to only  a running period of 10 years.  The threshold for compliance was also changed from 50% to 49%  of the market value of the structure before sustaining damage of any origin.    3. Article 17‐4‐1 Establishment of Floodplain Use Permit.   Deleted the exclusion of projects valued  as less than $7,500.  Now all projects in flood plains must apply for Floodplain Use Permits.    4. Article 17‐4‐3 Duties of the Floodplain Administrator and Use Permit Procedures.  New record  keeping requirements were added.    5. Article 17‐5‐3 Standards for Utilities.  Eliminated exclusion of on‐site waste disposal systems  from flood plains.  They are now excluded from Floodways and Erosion Setbacks.    6. Article 17‐5‐5 Standards for Manufactured Homes.  Deleted specific anchoring requirements, as  these are enforced by the State Office of Manufactured Housing.  Added new requirement for  submittal of an Elevation Certificate upon completion of installation.    7. Article 17‐5‐8 Floodway Fringe Area Requirements.  Added new requirements for Critical  Facilities (e.g., hospitals, nursing homes) that, if new, shall be constructed outside the 0.2  percent‐chance floodplain (500‐year).  “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” Community Rating System May 2016 The National Flood Insurance Program (NFIP) Community Rating System (CRS) was implemented in 1990 as a voluntary program for recognizing and encouraging community floodplain management activities exceeding the minimum NFIP standards. Any community in full compliance with the minimum NFIP floodplain management requirements may apply to join the CRS. 1,391 Communities Participate in the CRS Nearly 3.8 million policyholders in 1,391 communities participate in the CRS by implementing local mitiga- tion, floodplain management, and outreach activities that exceed the minimum NFIP requirements. Under the CRS, flood insurance premium rates are discounted to reward community actions that meet the three goals of the CRS, which are: (1) reduce flood damage to insurable property; (2) strengthen and support the insurance aspects of the NFIP; and (3) encourage a comprehensive approach to floodplain management. Although CRS communities represent only 5 percent of the over 22,000 communities participating in the NFIP, more than 69 percent of all flood insurance policies are written in CRS communities. CRS Classes The CRS uses a Class rating system that is similar to fire insurance rating to determine flood insurance premium reductions for residents. CRS Classes* are rated from 9 to 1. Today, most communities enter the program at a CRS Class 9 or Class 8 rating, which entitles residents in Special Flood Hazard Areas (SFHAs) to a 5 percent discount on their flood insurance premiums for a Class 9 or a 10 percent discount for Class 8. As a community * CRS Class changes occur on May 1 and October 1 of each year. The data contained in this fact sheet were current through May 2016. engages in additional mitigation activities, its residents become eligible for increased NFIP policy premium discounts. Each CRS Class improvement produces a 5 percent greater discount on flood insurance premiums for properties in the SFHA. Federal Insurance and Mitigation Administration Best of the Best Five communities occupy the highest levels of the CRS. Each has developed a floodplain management program tailored to its own particular hazards, character, and goals. The average discount in policyholder premiums varies according to a community’s CRS Class and the average amount of insurance coverage in place. Some highlights: Roseville, California was the first to reach the highest CRS rating (Class 1). Damaging floods in 1995 spurred Roseville to strengthen its floodplain management program. Today the City earns points for almost all CRS creditable activities. The average premium discount for policies in the Special Flood Hazard Area (SFHA) is $850. Comprehensive planning for floodplain management has been a key contributor to Tulsa, Oklahoma’s progress in reducing flood damage from the dozens of creeks within its jurisdiction. The City (Class 2) has cleared more than 900 buildings from its floodplains. The average premium discount for policies in the SFHA is $630. King County, Washington (Class 2) has preserved more than 100,000 acres of floodplain open space and receives additional CRS credit for maintaining it in a natural state. The average premium discount for policies in the SFHA is $664. Pierce County, Washington (Class 2) maintains over 80 miles of river levees. County officials annually mail informational brochures to all floodplain residents. The average premium discount for policies in the SFHA is $687. Fort Collins, Colorado (Class 2) has suffered extreme flash flooding in its past and has developed one of the nation’s most exemplary comprehensive programs. The average premium discount for policies in the SFHA is $589. “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” CRS Credit A community accrues points to improve its CRS Class rating and can receive increasingly higher discounts. Points are awarded for engaging in any of 19 creditable activities, organized under four categories: ● Public information ● Mapping and regulations ● Flood damage reduction ● Warning and response. Formulas and adjustment factors are used to calculate credit points for each activity. The communities listed below are among those that have qualified for the greatest premium discounts: Class 1: Roseville, California Class 2: Tulsa, Oklahoma King County, Washington Pierce County, Washington Fort Collins, Colorado Class 3: Sacramento County, California Ocala, Florida Louisville-Jefferson County, Kentucky Class 4: Charleston County, South Carolina Maricopa County, Arizona Thurston County, Washington Benefits of the CRS Lower cost flood insurance rates are only one of the rewards a community receives from participating in the CRS. Other benefits include: ● Citizens and property owners in CRS communities have increased opportunities to learn about risk, evaluate their individual vulnerabilities, and take action to protect themselves, as well as their homes and businesses. ● CRS floodplain management activities provide enhanced public safety, reduced damage to property ● Technical assistance in designing and implementing some activities is available to community officials at no charge ● CRS communities have incentives to maintain and improve their flood programs over time. ● Communities can evaluate the effectiveness of their flood programs against a nationally recognized benchmark. How to Apply To apply for CRS participation, a community must initially inform the Federal Emergency Management Agency (FEMA) Regional Office of its interest in applying to the CRS and will eventually submit a CRS application, along with documentation that shows it is implementing the activities for which credit is requested. The application is submitted to the Insurance Services Office, Inc. (ISO)/CRS Specialist. ISO works on behalf of FEMA and insurance companies to review CRS applications, verify communities’ credit points, and perform program improvement tasks. A community’s activities and performance are reviewed during a verification visit. FEMA establishes the credit to be granted and notifies the community, the State, insurance companies, and other appropriate parties. Each year, the community must verify that it is continu- ing to perform the activities that are being credited by the CRS by submitting an annual recertification. In addition, a community can continue to improve its Class rating by undertaking new mitigation and floodplain management activities that earn even more points. CRS Training CRS Specialists are available to assist community officials in applying to the program and in designing, implementing, and documenting the activities that earn even greater premium discounts. A week-long CRS course for local officials is offered free at FEMA’s Emergency Management Institute (EMI) on the National Emergency Training Center campus in Emmitsburg, Maryland, and can be field deployed in interested states. A series of webinars is offered throughout the year. For More Information A list of resources is available at the CRS website: www.fema.gov/national-flood-insurance-program-2/community- rating system. For more information about CRS or obtain the CRS application, contact Insurance Services Office by phone at (317) 848-2898 or by email at nfipcrs@iso.com. Federal Insurance and Mitigation Administration Community Rating System    Town Council Regular Session Item # 5. Meeting Date:04/05/2017   Requested by: Paul Keesler  Submitted By:Paul Keesler, Community Development & Public Works Department:Community Development & Public Works Information SUBJECT: *DISCUSSION, DIRECTION AND POSSIBLE ACTION FROM TOWN COUNCIL REGARDING THE AUTHORIZATION AND USE OF GENERAL FUND CONTINGENCY RESERVES FOR THE FOLLOWING:  BUILDING IMPROVEMENTS TO THE COMMUNITY CENTER FOR THE ADDITION OF AN ELEVATOR, PARKING LOT RECONFIGURATION, CONSTRUCTION OF ACCESSIBLE PATH FROM LA CANADA DRIVE TO THE FACILITY AND THE FUNDING OF THE GOLF AND FOOD & BEVERAGE FEASIBILITY CONSULTANT STUDY  (Removed from the agenda on 3/31/17 at 2:30 p.m.) RECOMMENDATION: Staff is seeking direction from the Town Council with regard to authorization of use of General Fund contingency reserves as the funding source to complete the following for the Community Center:  Construct an elevator to provide internal ADA access between the ground level floor and the second level floor within the Community Center facility. Staff is also seeking Council's preference on the location of the elevator within the facility. Reconfiguration of the facility parking lot to increase number of spaces Construct an ADA accessible walkway from La Canada Dr. to the existing facility entrance sidewalk Approval of funding in the amount of $50,000 for the golf and food and beverage feasibility consultant study EXECUTIVE SUMMARY: Staff is seeking direction from the Town Council to construct, with the use of General Fund contingency reserves, three (3) needed improvements for the Community Center pursuant to Council direction to staff at the January 18, 2017 regular Town Council meeting:  Project #1 is the installation of an elevator to provide interior ADA access accommodations between the ground floor and second story of the main entrance at the Community Center facility. In addition to the request for approval of the project and funding source, staff is also asking Town Council its preference on one project and funding source, staff is also asking Town Council its preference on one of two possible locations for the elevator. Project #2 is the reconfiguration of the Community Center main parking lot. The reconfiguration will expand the available parking from an existing 198 spaces to 259 spaces via a series of minor improvements. Project #3 is the construction of an ADA-compliant walkway from La Canada Drive to the existing entry sidewalk leading into the Fitness Lobby. This walkway is required by ADA statute and provides a safe corridor for pedestrians to walk to the Community Center. Additionally, Council directed staff to prepare a Request for Proposals (RFP) for a golf and food & beverage feasibility consultant study at the January 18, 2017 Council meeting. It is requested that Council approve the use of General Fund contingency reserves in the amount of $50,000 for this study. Staff is seeking approval from Town Council on the aforementioned projects, along with the authorization to use General Fund contingency reserves to pay for the project(s).   BACKGROUND OR DETAILED INFORMATION: At the January 18, 2017 regular Town Council meeting, Council directed staff to return at a future Council meeting with information related to the costs associated with various Community Center elements, including the installation of an ADA-compliant elevator, reconfiguration of the Community Center front entrance and the preparation of an RFP for a consultant study to review and recommend options relating to golf course and food & beverage operations at the facility. The following staff recommendations are for Council consideration: Project #1 - Interior elevator for the Community Center building This project is currently approved within the adopted FY 2016-17 budget Capital Improvement Program (CIP) for installation this fiscal year. The project is approved at $331,000 in the Community Center Fund; however, due to revenues trending below budget in the contracted operations of golf and food & beverage, the capacity to fund capital improvements has been significantly reduced. The current project consists of installing a new elevator on the rear of the existing fireplace hearth in the Overlook Restaurant. To accommodate ADA accessibility requirements, the entire front lobby and main entrance will be reconstructed so patrons enter the building at the ground floor, the same level as the fitness lobby. All of the existing entrance stairs, intermediate level porch, lobby and interior stairs up to the Overlook and down to the golf pro shop will be removed. A spiral staircase will be installed in the current side lobby atrium (where the current greeting desk is located) that will provide direct access between ground level and the Overlook restaurant. The second floor will be extended east to meet the new spiral staircase. The "store front" exterior glass wall by the golf pro shop will be moved outward to provide access to the new elevator. The total estimated cost for this project is $560,000. The approved project budget of $331,000 assumed that this project would be coupled with the current Trane energy efficiency project, and a portion of the work would be accomplished with Town staff, thus saving the elevator project $229,000. However, since the Trane project is already underway, and Town staff construction resources are committed to other projects now, the entire project will need to be completely accomplished by a separate contracted construction company. The plans for the installation of the elevator behind the hearth are complete, and this project is ready to advertise for bid and contract now. This positioning of the elevator was chosen because it would minimize the modifications to the existing building and represents the lowest cost installation option.  However, staff has considered another elevator placement location. There is the possibility to move the elevator forward and install it closer to the new spiral staircase (see Attachment #1 - Elevator Placement Comparison). This would involve more building modifications for the installation, but would eliminate the "store front" modifications at the rear of the building by the golf pro shop. The total cost of installing the elevator in this position, coupled with all the same building entrance modifications, is $660,000.  Project #2 - Parking lot reconfiguration for the Community Center facility Currently the Community Center parking lot offers 198 spaces: 190 standard and 8 ADA spaces. By maintaining the current parking lot configuration, slightly shifting rows and moving closer to industry standard parking lot dimensions, 61 new spaces could be achieved (see Attachment #2 - Parking Lot Reconfiguration). This also includes utilizing the open asphalt along the cart barn, adding spaces mid-parking lot and along the neighboring dirt lot. As a result, 259 parking spaces can be achieved: 247 standard and 12 ADA. The cost of this reconfiguration is estimated at $25,000. Project #3 - Access Walkway from the La Canada Drive to the Community Center Facility This project would consist of installing an asphalt walkway that would extend from the intersection of La Canada and the Community Center entrance to the entry sidewalk into the Fitness lobby. A 6-foot wide walkway would be placed along the north side of the access driveway. The cost of this project is estimated at $45,000. This project is necessary for ADA compliance. The current ADA regulations require all public facilities to provide an ADA accessible path to the adjacent right-of-way. Presently, the only accessible path to La Canada from the Community Center is via the vehicular driveway. For safety purposes, a dedicated walkway separate from the vehicular travel lanes is needed. Finally, Council directed staff to prepare an RFP for a golf and food and beverage feasibility consultant study at the January 18, 2017 Council meeting. Bids for the RFP were due February 28, 2017, and contract negotiations are currently underway based on the scope of work included in the RFP. Since this study was not originally included in the FY 2016/17 adopted budget, it is requested that Council approve the use of General Fund contingency reserves an amount of $50,000 for this study. FISCAL IMPACT: As of January 2017, the General Fund contingency reserve balance is estimated to increase approximately $1.4 million by fiscal year-end, from $10.5 million to $11.9 million. This is due primarily to the growth in one-time revenues from residential and commercial building activity exceeding budgeted amounts. The total amount requested for the projects listed above and the RFP study is $780,000 if Council approves locating the elevator near the stairs in the front of the Community Center, or the total is $680,000 if Council prefers to locate the elevator in the back of the Community Center. Please see the related cost summary by project below:  Project #1, Elevator:  Locating the elevator behind the hearth - $560,000 Locating the elevator near the stairs - $660,000 Project #2, Parking Lot: Parking Lot Reconfiguration, 61 Additional spaces - $25,000 Project #3, ADA Walkway: $45,000 RFP Consultant Study: $50,000 With either of the project authorization amounts listed above, it is anticipated that the General Fund will still end the year with a surplus, thereby increasing the contingency reserve balance. Use of contingency reserves for these projects aligns with the Town's practice of allocating one-time revenues from construction activity to one-time project costs.   SUGGESTED MOTION: I MOVE to direct staff to (PROCEED WITH THE AMOUNT OF $__________, PROVIDED BY THE GENERAL FUND CONTINGENCY RESERVES) or (NOT TO PROCEED WITH) for Project #1, the elevator installation. I MOVE to direct staff to (PROCEED WITH THE AMOUNT OF $__________, PROVIDED BY THE GENERAL FUND CONTINGENCY RESERVES) or (NOT TO PROCEED WITH) for Project #2, the parking lot reconfiguration. I MOVE to direct staff to (PROCEED WITH THE AMOUNT OF $__________, PROVIDED BY THE GENERAL FUND CONTINGENCY RESERVES) or (NOT TO PROCEED WITH) for Project #3, the ADA walkway installation. I MOVE to direct staff to PROCEED/(NOT PROCEED) WITH THE AMOUNT OF $50,000, PROVIDED BY THE GENERAL FUND CONTINGENCY RESERVES for the consultant study of golf and food and beverage operations at the Community Center.   Attachments Attachment 1 - Elevator Placement Comparison  Attachment 2 - Parking Lot Reconfiguration  Attachment 1 Elevator Placement Comparison Elevator Placement $560,000 Option Dining Room Sunset Room Kitchen Hearth Building Front Entrance Elevator Placement $660,000 Option New Spiral Staircase New Second Floor Extension to new stairs Attachment 2 Parking Lot Reconfiguration 61 New Spaces Remove Landscape Island Add 8 Spaces Remove Landscape Island Add 8 Spaces Remove 4’ Center isle Shift parking to be space to space, Adjust Island Add 12 Spaces Add 14 Spaces Add 9 Spaces Add 6 Spaces Exit Only Add 4 Spaces from Elevator Project Shift Row Alignment