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HomeMy WebLinkAboutPackets - Council Packets (835) AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION FEBRUARY 27, 2008 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 p.m. CALL TO ORDER ROLL CALL 1. PRESENTATION AND DISCUSSION OF A PROPOSED RESOLUTION REAFFIRMING THE TOWN OF ORO VALLEY'S COMMITMENT TO ENVIRONMENTAL SUSTAINABILITY AND ENCOURAGING COMMUNITY AWARENESS AND PARTICIPATION 2. DISCUSSION REGARDING A DRAFT COMMUNICATIONS PLAN 3. DISCUSSION REGARDING TOWN POLICIES ON LANDSCAPING ASSURANCES FOR SUBDIVISIONS ADJOURNMENT POSTED: 02/20/08 3:00 p.m. MB 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 (520)229-4700. TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 2/27/08 TO: HONORABLE MAYOR AND COUNCIL FROM: DAVID ANDREWS, TOWN MANAGER SUBJECT: PRESENTATION OF RESOLUTION (R) 08- A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, REAFFIRMING THE TOWN OF ORO VALLEY'S COMMITMENT TO ENVIRONMENTAL SUSTAINABILITY AND ENCOURAGING COMMUNITY AWARENESS AND PARTICIPATION SUMMARY: On September 5, 2007 the Town Council adopted the Town Manager's Performance Goals for the period of September throughAugust 1, 2007 Au ust 31, 2008. These performance goals were derived from Town Council input and support the five main focus areas of the Town's Strategic Plan. One of the adopted goals was to investigate the feasibility of using alternative fuels in Town vehicles. To address goal, begin a staff team met to be in discussing the use of alternative fuels and through the discussion it became clear ways that there were many beyond alternative fuel usage to improve sustainability. With that in mind, the staff committee has worked to develop an environmental sustainability policy for Council consideration. The policy outlines national, statewide, and regional efforts on sustainability and identifies areas where the Town is already participating in sustainability practices. The policy highlights the Town's newly adopted LEED Silver Standard requirements and identify areas for further study to improve the sustainability of current buildings and parks. Additionally,Additionall , the resolution encourages the community to partner with the Town to promote the environmental sustainabilityof Oro Valley. This policy is a pragmatic but progressive first step toward a long term effort to enhance the environmental sustainability of the Town. ATTACHMENTS: 1. Resolution (R) 08- A Resolution Of The Mayor And Town Council Of The Town Of Oro Valley, Arizona, Reaffirming The Town Of Oro Valley's Commitment To Environmental Sustainability And Encouraging Community Awareness And Participation D.; d Andrews, Town anager RESOLUTION NO. (R) 08- A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, REAFFIRMING THE TOWN OF ORO VALLEY'S COMMITMENT TO ENVIRONMENTAL SUSTAINABILITY AND ENCOURAGING COMMUNITY AWARENESS AND PARTICIPATION WHEREAS, environment, economy, and equity form sustainability's integrated triple bottom line; and WHEREAS, the Town of Oro Valley has made a strong commitment to financial sustainability, and has a history of funding local nonprofits; and WHEREAS, we are currently in a new era of environmental awareness; and WHEREAS, Oro Valley's lifestyle is defined by the highest standard of environmental integrity, and WHEREAS, Oro Valley seeks to ensure the protection and preservation of the region's diverse Sonoran Desert ecology through its commitment to open space; and WHEREAS, the Oro Valley Town Council seeks to maintain an environmentally healthy community by protecting the Town's excellent air and water quality; and WHEREAS, the Town seeks to increase its energy independence; and WHEREAS, the recentlyheld United Nations Framework Convention on Climate Change fight conference identified sub-national governments as the greatest agents of change in the f g against climate change; and WHEREAS, over 600 cities have signed the U.S. Mayor's Climate Protection Agreement and have partnered with environmental organizations and campaigns to establish frameworks for local action; and WHEREAS, the International City/County Management Association, through formal resolution, embraced sustainabilityas its number one priority at the 2007 Annual ICMA Conference in Pittsburgh, Pennsylvania; and WHEREAS, Oro Valley has previously reviously adopted energy efficiency, renewable energy, and green practices,buildingractices demonstrating the Town's willingness and capacity to conduct municipal business in an environmentally friendly manner; and WHEREAS, the Town has recentlyrequired that all new buildings, additions, modifications and renovations be constructed to comply with the Leadership in Energy and Environmental Design (LEED) Program Silver certificationlevel, an d to comply with Gold or Platinum certification g levels as project resources and conditions permit; and I 1 WHEREAS, the Town has cut energy use by using Light Emitting Diode (LED) technology in Town traffic signals; and WHEREAS, the Town contributes to the reduction of energy and tire waste by constructing its WH � roads with asphalt rubber and chip seal, which also preserves the Town's resources by requiring less maintenance; and WHEREAS, the Town has reduced hazardous waste by switching to green janitorial products and g imp lementin the Household Hazardous Waste Program for residents; and WHEREAS, the Townp ractices waste reduction by recycling paper, aluminum cans and cardboard; and WHEREAS, the Townp rotects the Sonoran Desert landscape through the Adopt-a-Wash, Tree Replacement, and Buffel Grass Eradication Programs; as well as other efforts to salvage native plantshighways . on hi hs and encourage riparian channel design on new developments; and y WHEREAS, the Town conserves water and protects soil and groundwater by informing residents of ways to conserve water through on-site water audits, using reclaimed water, wastewater disposal education, and implementing water harvesting; and WHEREAS, the Town will reduce its green house gas emissions by implementing a circulator bus route and park and ride facilities; and WHEREAS, the Town encourages walking and biking through trails and multi-use paths; and the Town willpreserve natural resources by relying on solar power to illuminate WHEREAS,the RanchoComplex Municipali Vistoso parking lot and to power the flashing school zone lights hts used at area schools; and the Town Council will continue to evaluate the feasibility of additional WHEREAS, • ntall conscious services and programs. The Town will consider partnering with environmentally schools, businesses and other organizations to foster an outstanding environmental residents, . . therebyelevatingOro Valley to a leadership role in environmental sustainability, and ethic, anner in which Oro Valle lives, works, and plays. These additional services and enhancing the m y programs attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Town of Oro Valley will strive wherever possible to develop environmentally sustainable practices in the following areas: land use management, transportation planning, green power, energy efficiency, green building, water and storm water , management, recycling and waste reduction, education and outreach. g EXHIBIT A A. Energy Efficiency: Short Term Measures • Install energy-efficient exit sign lighting • Perform energy-efficient building lighting retrofits • Institute a "lights out at night"policy • Institute a "lights out when not in use"policy • Install building/office occupancy sensors • Purchase only ENERGY STAR equipment and appliances for Town use B. Internal Water Conservation • Motion activated faucets • Water-saver toilets C. Recycling • Expand recycling into park facilities • Implement town recycling drop-off center at the Rancho Vistoso Municipal Complex o Possibly include electronics recycling D. Cost Assessment of Hybrid Electric Vehicles (HEV) • Use U.S. Department of Energy—Energy Efficiency and Renewable Energy website's HEV Cost Calculator tool E. Discuss the merit of Electric Vehicles F. Establish Local Partnerships • Contact the Pima Association of Governments Speakers' Bureau and request speakers on the following topics: a. "Clean Fuels—Reduce your Dependence on Foreign Oil" b. "Alternative Energy—Understanding Your Alternative Energy Options" • Seek additional guidance from: a. Tucson—Pima Metropolitan Energy Commission b. Greater Tucson Coalition for Solar Energy c. University of Arizona—Campus Sustainability d. U.S. Green Building Council Southern Arizona e. City of Tucson—Office of Conservation and Sustainable Development f. U.S. Rep. Gabrielle Giffords' Solar Advisory Panel g. Pima County Building Safety & Sustainability h. Pima Community College Y Alt , r . Environmental Sustainability February 27, 2008 6 Oro Valley's Policy on Environmental :- Sustainability is: ;Aim meq, Pragmatic lits""1"16111.4""616"4"1"1"rir _ Progressive 0 Only the first step toward a long term effort to enhance the environmental sustainability of the town Why Environmental Sustainability? AdtT,: P Sustainability has three components —Environment, Economy. and Equity 0 The Town has policies committed to financial sustainability and the funding of nonprofit organizations 0 The Town is also exploring the adoption of environmental policy, which will reflect its high standard of environmental integrity 1 Oro Valley—a High Standard of Environmental Integra ,. THE TOWN SEEKS TO: 1111 • Protect and preserve our diverse Sonoran Desert ecology • Protect and maintain the Town's excellent air and water quality • Increase its energy independence The Momentum Behind Sustainability Apt • Oct. 2007—ICMA embraced sustainability as its number one priority q Dec. 2007—Intlconference identified sub-national governments as the greatest change agents in regards to climate change • Over 600 cities have signed the U.S. Mayor's Climate Protection Agreement Oro Valley has Already Gone Greene! (4- O New buildings and modifications meet LEED silver certification level O Traffic Signals use LED technology O Rubber asphalt and chip seal in road construction O Green janitorial products O Household Hazardous Waste Program for residents O Solar powered flashing school zone lights 2 Green Practices Continued O Recycled:paper,aluminum cans,and cardboardlig Adopt-a-Wash,Tree Replacement,and Buffel Grass Eradication programs • Conserved water: —residential on-site water audits —reclaimed water O Provided residents wastewater disposal education O Encouraged walking and biking through trails and multi-use paths In the Development Stages: Apu • Solar powered lights ! —Rancho Vistoso Municipal Complex parking lot • Expanding recycling into park facilities • Water harvesting Oro Valley's Ongoing Commitment to Environmental Stewardship T H E TOWN WILL CONTINUE TO EXPLORE` ---�----- �- ------ -- ----- WAYS TO: —Protect air and water quality _.. —Protect Sonoran Desert ecology —Use less energy —Increase usage of renewable resources —Increase recycling and reduce waste —Develop partnerships —Provide environmental sustainability education 3 SHORT-TERM MEASURES O Perform lighting retrofit • Purchase ENERGY STAR equipment and appliances O Install motion-activated faucets and water- saver toilets O Hybrid Electric Vehicles & Electric Vehicles We Are All in This Together: Possible Partnerships .�u, O City of Tucson Office of Conservation and Sustainable Development • Greater Tucson Coalition for Solar Energy O Pima County Building Safety&Sustainability O Pima Community College • Tucson-Pima Metropolitan Energy Commission • University of Arizona—Campus Sustainability • U S. Green Building Council—Southern Arizona • U.S. Rep. Gabrielle Giffords' Solar Advisory Panel RESOLUTION Att,Yr The Town asks residents of Oro Valley to enthusiastically partner with us as we set forth a practical and pragmatic environmental policy, which will meet the needs of the present without compromising the ability of future generations to meet their own needs. 4 • -4, AP '4' Questions? 5 44, ► A THE COST OF "GOING GREEN" Dollars and Sense INTRODUCTION • Environmentally sensitive O Enhanced sustainability O Lower maintenance costs _-— - -- - O Increased up front costs O Is it worth it? LEED CERTIFICATION P O Design Costs-+5%(RS Means).4 to .6%of construction • Construction -+4—11% O Soft costs-+3-5%(application fees, documentation,commissioning,etc.) O BUILDING,SITE AND PROGRAM SPECIFIC 1 ALTERNATIVE FUELS Gas vs. Hybrid Camry vs. Camry—Lifetime cost of Hybrid Camry Camry vs. Prius—Lifetime savings for Prius -—$3,000 ALTERNATIVE FUELS FFV Flex Fuel Vehicles (E85) + FFV vehicles cost the same as traditional gas engines +E85 burns cleaner than traditional gasoline + E85 can cost less than gas - E85 run vehicles get approx. 20%less MPG than on traditional fuel - Only 6 E85 refueling stations in Tucson (approx. 800 nation-wide) ALTERNATIVE FUELS Oir CNG —Compressed Natural Gas + On average costs 1/3 less than gasoline + Large reduction in emissions + Stable prices + Lower maintenance costs - Expensive and large fuel cylinders - Limited driving range - Still a fossil fuel - Average of$3000 per vehicle conversion 2 BUILDING FIXTURES : - • CFLs +More expensive than regular light bulbsbut save approx. $30/yr energy. Have a lifespan approx. 10X greater. -Contain mercury and create disposal hazards • LED Exit Signs +Can save approx. $20 year in energy costs. Can last up to 10 years with no bulb changes BUILDING FIXTURES (cont) • Occupancy Sensors - Typical energy savings of 35 to 45% (California Energy Commission) - Average cost of$50/ea. • Automatic Faucets - Up to 70%water savings - Average cost of$250/ea. COMMUNITY PROGRAMS A . 40) 0 CONSERVATION KITS --Energy Conservation Kit-$9.00 ea. -Water Conservation Kit-$6.00 ea. 3 I 1 J LOW OR NO COST PROGRAMS ,4. --,— .a --,.n.:+v�.x;e�.,d w.,;,:w�,.:a. ,i.:1 ri i+M:a.::..�;...- :...�..was--- u O Lights-out at night 'Llmiw-limmosimmommi O Energy Star appliances and computer equipment O Recycling 6) Use Email O Lighting replacements O Water pitchers instead of bottles O Recycling rainwater/water harvesting O Distance Learning/Tele-Conference Conclusion O Is it worth it? O Political/social/environmental / economic concerns. C Must analyze each situation, each building, each use, potential savings, future resources. w Aati 1, A ....L .wasmip.,„ .... isy THE COST OF "GOING GREEN" tDollars and Sense o QUESTIONS? Brian P.Garrity,C.P.M.,CPPB 4 2 TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: February 27, 2008 TO: HONORABLE MAYOR AND COUNCIL FROM: Mary Davis, Communications Administrator SUBJECT: DRAFT Communications Plan SUMMARY: In FY 2007/08,the Communications division was restructured to enhance and expand communications programs,both internally and externally,to meet the goals laid out in the town's Strategic Plan. Specifically, the Plan states: Leadership and communication are interrelated principles. You cannot have one without the other. Leadership is the ability to communicate a vision well, which in turn motivates people, transforming great ideas into action. It is what makes all achievement possible. Oro Valley is committed to the following leadership and communication principles: 1. Make communication a top priority within the organization and to the public 2. Be open to other's ideas, seeking to generate unity and create a climate of trust 3. Create instruments for communication To that end, a new communications administrator was hired, and the position of communications specialist was added to help develop the tools necessary to achieve the town's goals. Over the past (6) six months, the communications team has "grabbed the communications bull" by the proverbial horns. As we have worked to identify core communications goals and strategies, we have also made significant contributions with the following achievements: • Wrote and produced the annual State of the Town address • Launched the town's community publication, the OV Vista, to a full-color, monthly publication, broadening content and consolidating town services and programs into one user-friendly communications tool • Assisted with the development, implementation and release of the Community Survey • Conducted an employee survey to assess town communications • Worked with staff to launch the Toastmaster video streaming for Council meetings • Coordinated several major events, including Steam Pump Ranch, the town's Volunteer Appreciation Reception and the groundbreaking of the RTA project at Lambert &La Cholla, as well as the ribbon cutting to celebrate the completion of First Avenue • Launched a new town employee publication The Strategic Plan identifies four major goals for communications and leadership, including: 1. Build trust through effective public outreach and communication TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: February 27, 2008 This is a broad stroke on a canvas that requires more detail. Given the array of services that will be needed to reach such a diverse customer base, it is important to target the communication's goals with a little more direction and specificity. Communications initiatives work best when they are directed clearly to hit their mark. The goals of the Communications division,therefore, are to: 1. Keep effective communication a top priority within the organization and to the public 2. Build trust through effective public outreach and communications in the community and the organization 3. Be responsive—responsibly—to the needs of our citizens,the Mayor and council, and town staff Achieving these targets as a division will allow us to serve the overall goals of the organization,town leadership and our citizens. This study session will focus on reviewing the strategies and tactics that have been identified to meet the town's mission and objectives. Our communications strategies will work to: o Communicate information to residents and help promote community pride and a feeling of accessibility to local government information and activities o Provide customers with opportunities to become involved in, engaged in and knowledgeable about their role in local government o Develop and implement a comprehensive internal communications program o Build a strong relationship with the media that involves all employees of the organization and that is based on trust and openness and that allows for the sharing of information for the benefit of our citizens o Strengthen intergovernmental relationships that foster collaboration and partnerships in developing communications solutions Staff is hoping to obtain feedback and direction from council on the plan, as well as answer any questions you may have as we move forward. Following the study session,a full implementation timeline will be developed. FISCAL IMPACT: Any funding impacts will be discussed during the budget process. ATTACHMENTS: Town of Oro Valley Draft Communications Plan a r / f !Ail ,.! r Mary Davi/ C• mum, .tion Administrator t ,' id Andrews, Town Manager o�o�p,�LEY q Rj2v Ar \ ir 61)t 1 ( op 14 410110rCriNi4iSt Op -4 -....,4...4,...,4 iii. :""w-uP"IN , PO//NDED Ag-IN9 ' Town of Oro Valley Communications Plan Presented to Town Council Feb. 27, 2008 DRAFT Overview/Background In FY 2007/08, the Communications division was restructured to enhance and expand communications programs, both internally and externally, to meet the goals laid out in the town's Strategic Plan. Specifically, the Plan states: Leadership and communication are interrelated principles. You cannot have one without the other. Leadership is the ability to communicate a vision well, which in turn motivates people, transforming great ideas into action. It is what makes all achievement possible. Oro Valley is committed to the following leadership and communication principles: 1. Make communication a top priority within the organization and to the public 2. Be open to other's ideas, seeking to generate unity and create a climate of trust 3. Create instruments for communication To that end, a new communications administrator was hired, and the position of communications specialist was added to help develop the tools necessary to achieve the town's goals. Staff Today, the Communications division staff includes the communications administrator, a full-time communications specialist who works primarily on all visual production and management, administrative support with a shared position in the town manager's department, and a part-time student who assists with the Council video system. Philosophy The town of Oro Valley seeks to inform its residents, businesses and visitors by engaging in a pro-active communications plan. Our philosophy in providing communications services and support to the town of Oro Valley is clear: o Provide accurate, timely and relevant information to our customers that instills a sense of pride in the work performed by employees on behalf of citizens, and that instills a sense of pride on the part of residents in their community and local government o Provide this service with integrity, ethics and courtesy Communications has become one of the most important tools in municipal government. Building trust among constituents, within the organization and with other organizations begins with an effective communications plan. 2 Responsibilities The Communications division is responsible for providing the following services on behalf of the town: • Media Relations ■ Publications • Employee Newsletter • Oro Valley VISTA community publication • Department brochures • Programs (brochures, events, etc.) • Event Management • Visual Production and Management ■ Speechwriting • Advertising & Marketing Consultation & Design ■ Issues Management • Brand Management ■ Customer Service Customers Communications efforts that target "everyone" are too broad. Different messages will have different primary audiences, and while there may be some overlap in our customers, we need to understand to whom we are speaking when developing our media. The Communications division's primary customers include the following: • Residents • Mayor & council • Town manager • Town staff ■ News media • Business community • Civic, neighborhood & community organizations • Other local governments • Regional associations Secondary audiences are also important for the town's messaging. These might include: • Citizens of the Tucson metropolitan area. As regionalization becomes a critical component of growth management, so, too it is a critical component of our communications efforts ■ Tourists. Oro Valley hopes to attract visitors year-round to enjoy the wonderful amenities that we offer. It is important that we project the right message and image to this critical economic base Oro Valley's population base has shifted in recent years. Given the change in demographics, it important that all communications take an integrated approach the plan needs to reach a cross section of your audience through multiple channels. 3 Communications Goals The Strategic Plan identifies four major goals for communications and leadership, including: 1. Build trust through effective public outreach and communication This is a broad stroke on a canvas that requires more detail. Given the array of services that will be needed to reach such a diverse customer base, it is important to target the communications with clear direction and specificity. Communications initiatives work best when they are directed clearly to hit their mark. The goals of the Communications division, therefore, are to: 1. Keep effective communication a top priority within the organization and to the public 2. Build trust through effective public outreach and communications in the community and the organization 3. Be responsive—responsibly—to the needs of our citizens, the Mayor and Council, and town staff Achieving these targets as a division will allow us to serve the overall goals of the organization, town leadership and our citizens. Strategies & Tactics The following outlines the key strategies and areas on which we will focus in the coming year to achieve our communications goals. A. Communicate information to residents and help promote community pride and a feeling of accessibility to local government information and activities 1. OV VISTA monthly community publication a. Solicit input from all departments to provide the most comprehensive, updated information on town activities and programs to residents 2. Work with the town's IT department to update website with several design features that will drive citizens to the most relevant information on the site a. Ensure town brand is consistent with graphics standards and clarity b. Evaluate information and work with departments on readability, clarity of information, ease of navigation, to make relevant information more user-friendly c. Participate in web management group activities and coordinate important messaging with IT department 4 Strategies (continued) 3. Granicus Video Streaming a. Manage staffing of camera equipment for regular council meetings b. Work with the town clerk to ensure reliability, clarity of video streaming c. Work with cable providers to evaluate ability to provide video for customers through On Demand services (public access) 4. Publish annual State of the Town update a. Provide a comprehensive update to citizens in the form of an annual update sent to all businesses and residents b. Incorporate into town's annual State of the Town address 5. Community Outreach a. With the completion of our first successful HOA Forum, work with Constituent Services to host two times per year. Plan for off-site locations as well b. Connect with staff/volunteers who work on neighborhood and HOA newsletters. Meet quarterly to discuss what is happening and how we can share resources to get information out to residents c. Host a community open house and other themes that focus on town services. Examples: Fit City, Touch a Truck Day, Create Walking tours that highlight Oro Valley healthy paths, etc. d. Implement more family-friendly activities to reach this growing demographic. Some ideas: 1. Create children's activity book that promotes Oro Valley history, landmarks, planning and other topics that emphasize maintaining the community's standards 2. Take staff into schools for Government Awareness Week and other topical celebrations 6. Coordinate and assist departments in planning and hosting special events 7. Provide communications support to the council, town manager and department directors and staff a. Research and write speeches and remarks for the mayor, town manager, and others, as requested b. Assist elected officials and town management in public relations matters that are directly related to town management, programs and services 8. Create a town blog that provides an opportunity for citizens to talk and engage with town staff 9. Invite the community to submit their photography for town publications, library 5 Strategies (continued) B. Provide customers with opportunities to become involved in, engaged in and knowledgeable about their role in local government 1. CPI a. Use graduates more in town communications and as speakers at neighborhood meetings, such as offering them the opportunity to write about their experiences on town boards and commissions b. Create an annual alumni event that brings graduates together to network, learn from each other. Use this opportunity to update them on town events 2. Speakers Bureau a. Continue to seek out opportunities such as Sun City's All About Oro Valley to allow staff, elected leadership to educate citizens on town programs and services b. Establish a quarterly town manager's roundtable with citizen leadership, community representatives and businesses to discuss town issues, questions, etc. C. Develop and implement a comprehensive internal communications program 1. Provide employees with timely information about benefits, organizational development, fellow employees and general town government in the monthly newsletter a. Solicit input from all departments to ensure all information is included in a timely manner b. Ensure distribution reaches all employees through electronic and paper distribution c. Work with the IT department to ensure newsletter posted on the town's intranet, as well as through appropriate distribution channels in the Police department 2. Provide employees with the appropriate tools and guidelines to enable them to ensure organizational standards are followed in the areas of brand management and communications a. Publish a graphics standards manual b. Provide education for staff in the areas of public speaking/presentations, media training and other communications areas as requested by management c. Complete the master library for photography and other visual tools used throughout the organization to support communications to the public 3. Work with department directors on evaluating communications within their areas and provide recommendations to maximize communications effectiveness with staff, customers, etc. 6 Strategies (continued) 4. Coordinate through the Police department and work with all department directors and management to establish a communications plan that outlines protocol to be followed when situations involve any emergency situation or those events that might have an impact or interest to the media including and beyond public safety. This would be a component of the town's current Emergency Preparedness Master Plan D. Build a strong relationship with the media that involves all employees of the organization and that is based on trust and openness and that allows for the sharing of information for the benefit of our citizens 1. Respond to all media requests for information in a timely manner 2. Distribute news releases announcing town programs, services, events and other items as deemed appropriate or"newsworthy" 3. Hold media briefings on timely or topical information that might require more than one source for information, or might be technically complicated, to allow media representatives ample opportunity to research information 4. Host media tours at least once a year to update reporters on town issues, projects, etc. a. Given turnover in the media, produce a Reporter's Notebook that provides names and bios of town council members and management staff 5. Meet with reporters at least monthly with the town manager to provide an opportunity to have an open forum with management to share story ideas E. Strengthen intergovernmental relations that foster collaboration and partnerships in developing communications solutions a. Maintain relationships with the Arizona League of Cities and Towns PIO network to enable the town to take advantage of shared resources b. Participate in professional development opportunities and networking provided by the Public Relations Society of America (PRSA), and 3CMA (City-County Communications & Marketing Association), International Association for Public Participation (IAP2) and other public communications organizations c. Attend meetings of the regional PIOs hosted by the Pima Association of Governments (PAG) to build regional partnerships 7 Summary There is no such thing as "too much communication." Recognizing that communications is an essential tool in government, acting as a critical conduit between the town and its' citizens, Oro Valley has embarked on an ambitious plan to ensure that effective communication is not just talked about, but becomes an integral part of the culture, philosophy and action of every employee of the town of Oro Valley. Effective communication rightly so has been closely aligned with effective leadership in the town's Strategic Plan. The tools outlined in this year's plan will work because they involve the collaboration of all departments. Effective communication is not achieved with one voice, but with many voices. As a team, we will be successful. Our success will be measured by the ability we have to provide better service and information to all of our customers. 8 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 27, 2008 TO: HONORABLE MAYOR & COUNCIL FROM: Dee Widero, Zoning Program Supervisor SUBJECT: StudySession: Discussion regarding landscaping assurances for subdivisions and part. develop mentsof this discussion staff proposes adjusting steps to our "standard operating procedure" (SOP). EXECUTIVE SUMMARY: Aq t the request of Council Member Parrish, staff has prepared a review of the current code and process relating to landscape assurances for subdivisions. In addition, specific information is provided regarding one subdivision, Stone Village, where concerns have been raised about the failure to complete the project requirements in a timely manner. REVIEW OF CURRENT CODE AND PROCESS: Once the Development/Final Plat is approved, the developer must provide estimates for landscaping, restoration and construction bonds. The bonds are reviewed by the Zoning Program Supervisor for landscaping and the neer Eng iin Technician for the restoration or construction bond. Once the estimates are approved by staff; the Engineering developer will purchase their bonds. After the bonds are accepted by the Town the developer must set up an p appointment with Public Works for a Pre-construction meeting. Until the Town has assurances in place and the pre-construction meeting held work may not commence on the project site. Residential Construction Assurances are in the form of a third party trust which is recorded with the final plat. This agreement is to assure infrastructure such as streets, water lines, sewer, utilities, and drainage and flood control measures are as approved. The amount must be 120% of the costs of improvements estimated by the g er develop 's engineer. For final release of the third party trust, a submittal of as-built plans must be submitted to the Town pp Engineer and approved. Lots may be released in blocks for sale after approval from all affected g utilities and service providers. An amendment to section 26.6.A, Assurances for Construction was approved in 2005 for this section only. These changes were made to allow the Town to set the amount of assurances to y m cover publicimprovements irovements plus items that are critical to the operation of the project as a whole. Assurances for Restoration can be in the form of cash or certified check, surety bond, certificate of deposit or deposit of moneywith an escrow agency licensed to do business in the State of Arizona. This is to assure that g the site is restored to itsre-development condition if the developer can not proceed with the project as p o the developer. approved bythe Town. The amount must be 120% of the costs of restoration as estimated by p pp Bonds must be submitted and approved prior to issuance of a grading permit. Landscaping Assurances can be in the form of cash or certified check, surety bond, certificate of deposit or one with an escrow agency licensed to do business in the State of Arizona. This is to assure that deposit of money g y o materials are installed per roved plans and become established. The amount must be 120% of the landscape pp costs of p plants,all landscape irrig ation and landscape as estimated by the developer's landscape architect. Bonds must be submitted and approved prior to issuance of a grading permit. When the projectnearing completion is the developer may request a partial release on the bonds. Zoning and Public Works staff p inspections.conduct com liance iections. The inspectors will provide a completion list (if TOWN OF ORO VALLEY COUNCIL CIL COMMUNICATION Page 2 of 2 ed to achieve compliance and give approval for a partial release of bond funds. At the point of total needed) p acceptance completion and for landscaping, the Town will hold 10% of the total landscape bond amount for one p yearplants to ensure that all are established and healthy and irrigation is in proper working order. DISCUSSION OF ISSUE: The Town has only had one occasion in thirteen years of a forfeiture of bond money. There have only been two other serious issues of this type happen in the same time frame out of 381 subdivision/developments. The three p incidences have been completely different in nature and have had three or four years between occurrences. Due to the concerns raised about the Stone Village subdivision, the Planning and Zoning department has added an inspection reminder at eleven months for subdivision; commercial development will be on a six month cycle, to ourrocedures to verifyat an early stage the status for the project. With the eleven and/or six month reminder,a p zoning inspector will conduct an inspection to verify landscape completion and also determine when the p subdivision is to build out. At the final 25% built out point, staff will meet with the site supervisor and review the completion list. The purpose of this meeting is to encourage all landscape and site work to be completed p p � with the last few homes being built. The residents of Stone Village are concerned that at this time all the homes are completely built, but the finishing touches are not done, i.e. landscaping, recreation area. The Town does have assurances posted to guaranty the work will be completed. Council Member Parrish has suggested a revision to code to prevent this from happening in the future. While this subdivision has been problematic, it is not a normal situation. Staff's opinion is that processes have been put in place to correct this problem. Attachment: Current Assurance Code Stone Village subdivision Event Chronology Ordinance No (0) 05-41 - -411ttaL__ Sarah More, Planning & Zoning Director Jerene Watson, Assistant Town Manager eD id Andrews, Town Manager Event Chronology: for Stone Village, OV12-01-11 10/2001 - Pre-application 01/2003 - Preliminary Plat 03/2004 - Final Plat 04/2004 - Third Party Trust received and recorded 03/2004 - DRB for model homes 04/2004 - Bonds landscape and restoration received 04/2004 —01/2005 —Developer working on site improvements 01/2005 - Released Third Party Trust—The first 9 lots were released. 10/2005 - The remaining lots and trust were released. 09/2006 - Inspection for Landscape At this time Pathway had not requested a bond release; the subdivision was nearly built out, the third party trust had already been released, we had a resident with landscape and drainage concerns and followed up with an inspection. Staff did not release any portion of the bond; however, we provided a completion list. During the inspection we found that the approved landscape did not include the recreation area. Along with our completion list we requested a landscape plan be submitted for the recreation area. 12/2006—Pathway Development submitted for a landscape revision to the recreation area. 03/2007 —Pathway Development requested restoration bond to be released. 03/2007—Restoration bond was released in full. 06/2007 —Pathway Development requested the release of the landscape bond. 06/2007 — Inspection for Landscape bond reduction — at this time Pathway had completed three quarters of o the landscape, the revised landscaping for the recreation area was half completed, staff released 50% and provided a completion list. 08/2007 — Staff, by direction due to residents concerns, was asked to call on the bonds. A soft letter was sent out to the bond company (NG Insurance/Hanover Insurance), letting them know that the landscape at that time was not complete, and that there are concerns that Pathway will go bankrupted and walk away from the project. Staff could not call on the bond per section 26.6.J.1.a.b.c, Forfeiture of Assurances for the following reasons: a) Pathway has not abandoned the project, b) staff had no reason to issue a violation as long as the Town held the bond and Pathway continued to work on the project, and c) Pathway was continuing to complete the project and meet compliance with our requirements. 9/2007 — 10/2007 — Staff was in several phone conversations and email reminders with Pathway Development and our resident from Stone Village. 11/8/2007 — Staff conducted another site inspection to verify completion. 11/8/2007 — Zoning staff had a conversation with engineering due to some drainage concerns. We asked if Senior Civil Engineering Technician would give us something in writing that he was satisfied with this subdivision. 11/13/2007 — Zoning staff received a list of completion back with indication of the work that had been completed or partially completed. 11/15/2007 — Zoning received from engineering a letter of substantial completion, with a few items of attention. 11/19/2007 — Zoning staff made an appointment with Pathway on site to review and discuss areas of concern. Pathway stated they were not done yet and would keep us informed. 11/19/2007 — Zoning staff discussed the drainage concerns with engineering and asked that they assist with a site visit. The Town Development Review Manager said he'd already been out there and agreed to the meeting. 11/26/2007 — On site visit was held with Pathway and staff. Our Development Review Manager ask for another point survey to be conducted by Pathway. As of this date the survey has been done and a proposal to correct the work is being conducted. Zoning would rather the drainage be completed prior to the completion of landscape to eliminate any further disturbance to the area. ATTACHMENT #2 Section 26.6 Assurances Purpose: To provide procedures for approving and posting the assurances for the completion of subdivision/development improvements in accordance with Arizona Revised Statutes, Section 9-463.01 (C) (8). A. Assurances for Construction 1. These assurances assure the construction of required onsite and offsite street, water, sewer, utilities, drainage, flood control measures, the hardscape for recreation facilities and landscaping, and all other required improvements. They may also be used to restore the site to a natural state. 2. For all developments where there is a subdivision, the property owner, subdivider or developer shall arrange for the approved assurances as specified in OVZCR Section 26.6.F.1. As a substitute for all or a portion of the assurance, the Town Council may allow an assurance in one of the forms specified in Section 26.6.F.2-5. 3. For all developments where a subdivision is not involved, assurances shall be provided for public offsite and onsite improvements and for such private improvements as are necessary for the operation of the development as deemed appropriate by the Planning and Zoning Administrator and Town Engineer. These assurances shall be provided in one of the forms specified in Section 26.6.F.2-5. 4. Assurances for construction shall be in an amount equal to 120% of the specified improvement costs as estimated by the developer, or contractor or engineer and approved by the Town Engineer, and the Planning and Zoning Administrator. 5. Assurances for projects approved by the Town to be constructed in phases shall have the cost estimates itemized separately for each phase of construction so as to provide for the release of such phases upon their individual completion. Phased construction shall provide for satisfactory drainage, traffic movement and other services as determined by the Town. B. Assurances for Restoration 1. The property owner, subdivider or developer shall post assurances in one of the forms specified in Sections 26.6.F.2-5 to assure that, in the event that the project is abandoned, the property can be restored to a natural condition and stabilized state by, but not limited to, removal of above and below grade construction material, grading, installation of retaining structures, riprap, and hydro-seeding. These restoration assurances shall be in an amount equal to 120% of the costs of restoring the property to a natural condition from its final grade as estimated by the property owner, subdivider or developer, or his improvement contractor, and approved by the Town Engineer and Planning and Zoning Administrator. The assurances for landscape may be used to satisfy the landscape portion of these requirements. C. Assurances for Landscape 1. The property owner, subdivider or developer shall post assurances as specified in Sections 26.6.F.2-5 to assure the installation of all landscape improvements, and recreation areas where required, in accordance with the approved final landscape, irrigation and revegetation plans. These assurances may be used to complete the required landscape improvements and/or recreation areas or may be used to provide landscaping to restore the property to a natural condition. These landscape assurances shall be in an amount equal to 120% of the costs estimated by the developer's registered landscape architect, and approved by the Planning and Zoning Administrator. D. Assurances for Water Service 1. Water service to any individual lot or any lot within a development or subdivision will be contingent upon the completion of all required water infrastructure for that subdivision (as well as the receipt of all required meter fees by the Utility) with the following exceptions: ATTACHMENT #1 a. Prior to the completion of all required water infrastructure but after Approval of Construction from the Pima County Department of Environmental Quality, the property owner, subdivider or developer may receive meters for ten percent of the lots, not to exceed 6 lots, for the purpose of model home construction. p b. Prior to the completion of all required water infrastructure but after Approval of Construction from the Pima County Department of Environmental Quality, additional meters may be installed if the property owner, subdivider or developer posts assurances as specified in Sections 26.6.F.2-5. These assurances shall be in an amount equal to 120% of the costs as approved by the Water Utility. E. Assurances for Other Improvements 1. To assure completion letion of other required improvements such as Public Art, the Town may require additional p assurances in the forms as specified in Sections 26.6.F.2-5. These assurances are typically utilized to allow development proceed ment to when other required obligations have not been met on time. These assurances shall be in an amount equal to 120% of the costs as approved by the Town Engineer and/or Planning and Zoning Administrator F. Form of Assurances 1. Thirdparty art trust. Assurances may be provided by the placement of the title to the subdivided property in trust with a third party escrow agencyor trust company authorized and licensed to do business in the State of Arizona. This form must include an agreement between the trustee and the Town of Oro Valley that title to any lot or parcel within the subdivision will not be transferred until the trustee receives authorization in writing from the Town. The agreement shall also include special conditions authorizing the Town of Oro Valley to abandon and re-subdivide the property should the required improvements fail to be installed in compliance with the Town of Oro Valley's specifications. The designated q p escrow agency or trust company holding the property in trust may sell and convey all of the unreleased lots within the g Y subject property or within an approved phase in one transaction to a single purchaser provided that such purchaser p p Y shall be bound by the terms of the agreement between the Town of Oro Valley, the subdivider and the designated escrow agency or trust. The assurances and deeds required pursuant to this section shall be recorded in the office of g Y the Pima County Recorder. The changes to the third party trust due to the aforementioned sales, if they meet all of the above stipulations, will not require Town Council approval. 2. Cash or certified check. 3. Surety (performance) bonds executed by a company duly authorized and licensed to do business in the State of Arizona insuring the performance of the principal (subdivider/developer) as required by these regulations. 4. Certificates of Deposit, United States Treasury Bills or any security guaranteed by the United States Treasury Bills or any security guaranteed by the United States Government, State of Arizona or any political subdivision thereof acceptable to the Town Council. 5. depositmoney A of with a responsible escrow agent or trust company authorized and licensed to do business in the Y State of Arizona. This money may not be used or pledged by the Depositor for any purpose during the period the escrow account is in effect. 6 Anyother form of assurance, which assures the required improvements to the same or better degree than the above forms. This form, which maybe approved by the Planning and Zoning Administrator, must have no expiration date and may not be released or converted to any other form without the agreement of the Town. G. Terms of Assurances 1. All assurances shall remain in effect until release is authorized per Section 26.6.H. 2. The required improvements referred to in OVZCR Section 26.6.A.1 must be completed within the time specified on q p the Development ment Plan or Final Plat. The Town Council may grant successive one (1) year time extensions for the completion of required improvements. H. Securing and Approval of Monetary Assurances 1. The assurances shall be submitted to, and approved by the Town as follows: a. Assurances for Construction shall be posted with the Town's Assurance Clerk prior to recordation of the Final Plat or certification of the Development Plan. The assurances shall be identified in writing on the Development Plan and/or Final Plat, and shall have been approved by the Town Council. For multi-family and commercial projects that are to be gradedphases,in only the first phase of the assurance is required with the Development Plan. A general note shall be added regarding the requirements for assurances in later phases and grading permits will not be issued for these g g phases without assurances being in place. b. Restoration and Landscape assurances shall be posted, as required, prior to the issuance of a Type 2 or Type 3 grading permit and the commencement of work. c. A letter of commitment for gas, water, data and communication services, and electric utilities, from the appropriate utility company stating that the construction of those improvements are assured, will be satisfactory assurance for utility improvements. These letters must be received by the Town prior to scheduling the Final Plat or Development Plan for Town Council approval. d. Other assurances as noted in Section 26.6.E will be posted as needed to allow a project to temporarily continue without all required improvements in place. e. Changes in assurances under Section 26.6.F.1 due to changes in ownership shall be approved by the Planning and Zoning Administrator and the Town Engineer. I. Releases of Assurances 1. The assurances shall be released upon satisfactory performance and acceptance of the work by the Town. 2. Trust assurances may be released upon completion and inspection of the required subdivision improvements. Partial releases may be granted for a group of lots where the required improvements for the group of lots have been satisfactorily completed and such improvements can be used and maintained separately from the improvements required for the balance of the subdivision plat. Partial releases shall be administered and approved by the Town Engineer and the Planning and Zoning Administrator. 3. Progressive reductions from monetary assurances may be made from any money deposit made pursuant to this Section. Such progress payments shall be made to the assurance holder in accordance with standards established by the Town Engineer and the Zoning Administrator, but in no case shall the amount of assurances be reduced to any amount less than 25% of the improvement costs, until such time as the Town deems the required improvements to be in full compliance. Once a bond has been reduced, a rider or a new bond must be in place 14 days after release letter has been issued. 4. Full release of assurances shall be processed once improvements have been completed and approved and the developer has met the following requirements: a. As built plans and required certification letters have been submitted to the Town for review and have been accepted by the Town. b. Either or the following to assure establishment of the landscape: i. A landscape maintenance bond in the amount of ten percent (10%) of the original landscape bond amount to remain inp lace fora period of one year from the installation of the landscape materials and any replacement materials. The form of assurance shall be as specified in Sec. 26.6.F.2-5. ii. A signed warrantee of the landscaping for a period of one year from a licensed landscape contractor with extensions as required for any replacement materials. iii. For deeded or dedicated streets, drainage ways and rights-of-way compliance with Oro Valley Town Code Article 7- 9. J. Forfeiture of Assurances 1. The Town may, but shall not be required to, forfeit assurances upon the occurrence of any of the following: a. Abandonment of thep roject. A project will be presumed abandoned when there has been no development activity for oneY ear or when the condition of the property may be harmful to the health, safety, and welfare of the community or adjacent property owners. b. Failure of the owner to cure a violation within 30 days of issuance of the violation notice; or, c. When, in any way, the developer fails to meet Town requirements and does not correct the situation within 30 days Y of notice by the Town. 2. In the event of any of the occurrences in 26.6.J.1, the Planning and Zoning Administrator shall issue an order to the property owner and obligor of the assurances to show cause as to why the assurances should not be forfeited: p Y a. The owner shall respond to the Planning and Zoning Administrator in writing within 30 days of receipt of the order to show cause to request a hearing, otherwise forfeiture shall occur. b. Within 30 days of receipt of owner's written request for a hearing, the owner will be notified of the time and place that the Planning and Zoning Administrator will hear evidence on the order to show cause to determine abandonment and/or whether utilization of assurances is proper. c. The hearing date will be set no sooner than 30 days and no more than 45 days after the notice is mailed to allow the property owner time to correct the problems and/or provide evidence for the hearing. d. The Planning and Zoning Administrator or his designee shall hear the case and provide a decision, based on the facts presented at the hearing, to the owner within 30 days of the hearing. e. Upon a determination by the Planning and Zoning Administrator or his/her designee that the Town needs to utilize the assurances, the Town shall utilize the assurances for completing the project or portions of the project, and/or for bringing the project into compliance with Town requirements. Any amount of the assurances in excess of that required g 9 by the town to restore the property shall be returned to the owner. f. The owner may appeal the decision of the Planning and Zoning Administrator or his designee to the Board of Adjustment pursuant to OVZCR Sec. 21.6.F. (0) 05 ORDINANCE TO. - 41 THE TOWN-- OF OROVALLEY,ARIZONA,AMENDING THE ORDINANCE OF 1 U�N � TION 26.6.F, FORM OF ASSURANCES,EY ZONING CODE REVISED_SEC ORO VALLEY TO ADDRESS THE ALLOWABLE FORMS FOR ASSURANCES AND REPEAL ALL ORDINANCES IN CONFLICT THEREWITH thisestablish a mechanism to permit alternative WHEREAS, Thepurpose of amendment is to , bythe Planning & Zoning forms of assurances to be subject to review and approval Administrator, and Commission at the dulynoticed August 2, 2005 public RTAS the Planning and Zoning . ��E amendment to the Oro Valley Zoning Code 'n the Commission met to discuss the proposed hearing, ' sion made its unanimous recommendation of approval Revised. The Planning and Zoning Commis to the Town Council; and Council has dulyconsidered an amendment to establish a WHEREAS,the Oro Valley Town to • alternative form of financial assurance that is subject means for an applicant to propose an • and • Administrator review and approval; and the Planning Zoning Planning &Zoning . . . � s at a dulynoticed Public Hearing; and finds that it is Commission's recommendation and condition consistent with the Town's General Plan, and other Town ordinances; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: ent is to establish a review process for alternative SECTION 1. The purpose of this amendment to Planning & Zoning Administrator review and forms of financial assurance that are subject approval; thisvariousparts thereof are hereby declared to be revocable. SECTION 2. That ordinance and the If any clause,word orphrase of this ordinance is, for any reason,held section, sub-section, sentence,to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley,Arizona this 19th day of October, 2005. 43,,,Zt„,„1006,------....---, Paul H. Loomis,Mayor ATTEST: SECTION 2b.6 IS AVAILABLE FOR PUBLIC REVIEW IN THE OFFICE OF THE ORO VALLEY TOWN CLERKBETWEEN THE HOURS OF 8:00 AM - 5 :00 PM, MONDAYKaaliji- Y Cavelier,Town Clerk THRU FRIDAY. TOWN HALL OFFICES ARE LOCATED Al 11 ,000 N LA CANADA DRIVE. ,App' •f D AS T,1 FORM PUBLISH: DAILY TERRITORIAL OCTOBER 31, NOVEMBER 1 , 2, 3, 2005 � � Town A�orne - 2005 e da G ah y POSTED: OCTOBER 2 7NOVEMBER 26, RG ATTACHMENT #3 Section 20. 1 Assurances Purpose: To provideprocedures rocedures for approving and posting the assurances for the completion of subd:✓is,on de✓eto meat improvements in accordance with Arizona Revised Statutes, Section 9- p P 463.01 (C)(8). A. Assurances for Construction These assurances assure the construction of required onsite and offsite street, 1• the hardscape for water, sewer, utilities, drainage, flood control measures, recreation facilities and landscaping, and all other required improvements. They may also be used to restore the site to a natural state. subdivider 2. For all developments where there is a subdivision, the property owner,in OVZCR or developer shall arrange for the approved assurances as specified Section 26.6.F.1. As a substitute for all or a portion of the assurance, the Town Council may allow an assurance in one of the forms specified in Section 26.6.F.2- 5. 3. For all developments where a subdivision is not involved, assurances shall be provided for public offsite and onsite improvements and for such private improvements as are necessary for the operation of the development as deemed appropriate by the Planning and Zoning Administrator and Town Engineer. These assurances shall be provided in one of the forms specified in Section 26.6.F.2-5. 4. Assurances for construction shall be in an amount equal to 120% of the specified improvement costs as estimated by the developer, or contractor or engineer and approved by the Town Engineer, and the Planning and Zoning Administrator. 5. Assurances for projects approved by the Town to be constructed in phases shall have the cost estimates itemized separately for each phase of construction so as toP rovide for the release of such phases upon their individual completion. Phased construction shall provide for satisfactory drainage,traffic movement and other services as determined by the Town. B. Assurances for Restoration The property owner, subdivider or developer shall post assurances in one of the � in the event that the project forms specified in Sections 26.6.F.2-5 to assure that, is abandoned, the property can be restored to a natural condition and stabilizedrade construction state by, but not limited to, removal of above and below and hydro-seeding. material, grading, installation of retaining structures, riprap, Y These restoration assurances shall be in an amount equal to 120% of the costs of restoring the property to a natural condition from its final grade as estimated by theP roperty owner, subdivider or developer, or his improvement contractor, and approved by the Town Engineer and Planning and Zoning Administrator. The assurances for landscape may be used to satisfy the landscape portion of these requirements. C. Assurances for Landscape property 1. ro The erty owner, subdivider or developer shall post assurances as specified in Sections 26.6.F.2-5 to assure the installation of all landscape improvements, and recreation areas where required; in accordance with the approved final landscape, irrigation and revegetation plans. These assurances may be used to complete the required landscape improvements and/or recreation areas or may be used to provide landscaping to restore the property to a natural0condition. These landscape assurances shall be in an amount equal to 120% of the costs estimated by the developer's registered landscape architect, and approved by the Planning and Zoning Administrator. D. Assurances for Water Service 1. Water service to any individual lot or any lot within a development or subdivision will be contingent upon the completion of all required water infrastructure for that subdivision (as well as the receipt of all required meter fees by the Utility)with the following exceptions: a. Prior to the completion of all required water infrastructure but after Approval of Construction from the Pima County Department of Environmental Quality, the property owner, subdivider or developer may receive meters for ten percent of the lots, not to exceed 6 lots, for the purpose of model home construction. b. Prior to the completion of all required water infrastructure but after Approval of Construction from the Pima County Department of Environmental Quality, additional meters may be installed if the property owner, subdivider or developer posts assurances as specified in Sections 26.6.F.2-5. These assurances shall be in an amount equal to 120% of the costs as approved by the Water Utility. E. Assurances for Other Improvements 1. To assure the completion of other required improvements such as Public Art, the Town may require additional assurances in the forms as specified in Sections 26.6.F.2-5. These assurances are typically utilized to allow development to proceed when other required obligations have not been met on time. These assurances shall be in an amount equal to 120% of the costs as approved by the Town Engineer and/or Planning and Zoning Administrator F. Form of Assurances 1. Third party trust. Assurances may be provided by the placement of the title to the subdivided property in trust with a third party escrow agency or trust company authorized and licensed to do business in the State of Arizona. This form must include an agreement between the trustee and the Town of Oro Valley that title to any lot or parcel within the subdivision will not be transferred until the trustee receives authorization in writing from the Town. The agreement shall also include special conditions authorizing the Town of Oro Valley to abandon and re-subdivide the property should the required improvements fail to be installed in compliance with the Town of Oro Valley's specifications. The designated escrow agency or trust company holding the property in trust may sell and convey all of the unreleased lots within the subject property or within an approved phase in one transaction to a single purchaser provided that such purchaser shall be bound by the terms of the agreement between the Town of Oro Valley, the subdivider and 9 the designated escrow agency or trust. The assurances and deeds required pursuant to this section shall be recorded in the office of the Pima County Recorder.r. The changes to the third party trust due to the aforementioned sales, if they meet all of the above stipulations,will not require Town Council approval. 2. Cash or certified check. 3. Surety (performance)bonds executed by a company duly authorized and licensed to do business in the State of Arizona insuring the performance of the principal (subdivider/developer)as required by these regulations. 4. Certificates of Deposit, United States Treasury Bills or any security guaranteed by the United States Treasury Bills or any•security guaranteed by the United States GovernmentState of Arizona or any political subdivision thereof acceptable to the , Town Council. 5. A deposit of moneywith a responsible escrow agent or trust company authorized and licensed to do business in the State of Arizona. This money may not be used or pledged bythe Depositor for any purpose during the period the escrow account is in effect. 6. Anyother form of assurance, which assures the required improvements to the same or better degree than the above forms. � p This form,which may be approved by the Planning and Zoning Administrator, must have no expiration date and may not be released or converted to any other form without the agreement of the Town. G. Terms of Assurances 1. All assurances shall remain in effect until release is authorized per Section 26.6.H. 2. The required improvements referred to in OVZCR Section 26.6.A.1 must be q P completed within the time specified on the Development Plan or Final Plat. The Town Council may grant successive one (1) year time extensions for the completion of required improvements. H. Securing and Approval of Monetary Assurances 1. The assurances shall be submitted to, and approved by the Town as follows: a. Assurances for Construction shall be posted with the Town's Assurance a Clerk prior to .recordation of the Final Plat or certification o Development ment Plan. The assurances shall be identified in writing on the Development Plan and/or Final Plat, and shall have been approved by the Town Council. For multi-family and commercial projects that are to be graded in phases, only the first phase of the assurance is required with the Development Plan. A general note shall be added regarding the requirements for assurances in later phases and grading permits will not be issued for these phases without assurances being in place. b. Restoration and Landscape assurances shall be posted, as required, prior to the issuance of a Type 2 or Type 3 grading permit and the commencement of work. c. A letter of commitment for gas, water, data and communication services, and electric utilities, from the appropriate utility company stating that the construction of those improvements are assured, will be satisfactory assurance for utility improvements. These letters must be received by the Town prior to scheduling the Final Plat or Development Plan for Town Council approval. d. Other assurances as noted in Section 26.6.E will be posted as needed to allow a project to temporarily continue without all required improvements in place. e. Changes in assurances under Section 26.6.F.1 due to changes in ownership shall be approved by the Planning and Zoning Administrator and the Town Engineer. Releases of Assurances • 1. The assurances shall be released upon satisfactory performance and acceptance of the work by the Town. 2 Trust assurances may be released upon completion and inspection of the required subdivision improvements. Partial releases may be granted for a group of lots where the required improvements for the group of lots have been satisfactorily completed and such improvements can be used and maintained separately from the improvements required for the balance of the subdivision plat. Partial releases shall be administered and approved by the Town Engineer and the Planning and Zoning Administrator. 3. Progressive reductions from monetary assurances may be made from any money deposit made pursuant to this Section. Such progress payments shall be made to the assurance holder in accordance with standards established by the Town Engineer and the Zoning Administrator, but in no case shall the amount of assurances be reduced to any amount less than 25% of the improvement costs, until such time as the Town deems the required improvements to be in full compliance. Once a bond has been reduced, a rider or a new bond must be in place 14 days after release letter has been issued. 4. Full release of assurances shall be processed once improvements have been completed and approved and the developer has met the following requirements: a. As built plans and required certification letters have been submitted to the Town for review and have been accepted by the Town. b. Either or the following to assure establishment of the landscape: A landscape maintenance bond in the amount of ten percent (10%) of the original landscape bond amount to remain in place for a period of one year from the installation of the landscape materials and any replacement materials. The form of assurance shall be as specified in Sec.26.6.F.2-5. ii. A signed warrantee of the landscaping for a period of one year from a licensed landscape contractor with extensions as required for any replacement materials. iii. For deeded or dedicated streets,drainage ways and rights-of-way compliance with Oro Valley Town Code Article 7-9. J. Forfeiture of Assurances 1. The Town may,but shall not be required to,forfeit assurances upon the occurrence of any of the following: a. Abandonment of the project. A project will be presumed abandoned when there has been no development activity for one year or when the condition of the property may be harmful to the health,safety, and welfare of the community or adjacent property owners. b. Failure of the owner to cure a violation within 30 days of issuance of the violation notice;or, c. When, in any way,the developer fails to meet Town requirements and does not correct the situation within 30 days of notice by the Town. 2. In the event of any of the occurrences in 26.6.J.1, the Planning and Zoning Administrator shall issue an order to the property owner and obligor of the assurances to show cause as to why the assurances should not be forfeited: a. The owner shall respond to the Planning and Zoning Administrator in writing within 30 days of receipt of the order to show cause to request a hearing, otherwise forfeiture shall occur. b. Within 30 days of receipt of owner's written request for a hearing, the owner will be notified of the time and place that the Planning and Zoning Administrator will hear evidence on the order to show cause to determine abandonment and/or whether utilization of assurances is proper. c. The hearing date will be set no sooner than 30 days and no more than 45 days after the notice is mailed to allow the property owner time to correct the problems and/or provide evidence for the hearing. d. The Planning and Zoning Administrator or his designee shall hear the case and provide a decision, based on the facts presented at the hearing,to the owner within 30 days of the hearing. e. Upon a determination by the Planning and Zoning Administrator or his/her designee that the Town needs to utilize the assurances, the Town shall utilize the assurances for completing the project or portions of the project, and/or for bringing the project into compliance with Town requirements. Any amount of the assurances in excess of that required by the town to restore the property shall be returned to the owner. f. The owner may appeal the decision of the Planning and Zoning Administrator or his designee to the Board of Adjustment pursuant to OVZCR Sec.21.6.F.