Loading...
HomeMy WebLinkAboutPackets - Council Packets (1406) AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION MARCH 26, 2001 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION - AT OR AFTER 7:00 P.M. CALL TO ORDER ROLL CALL 1. Presentation of Future Oracle Road Improvements (Phase 1 , 2 and 3) 2. Discussion of Annexation Policy 3. Discussion of Grading Ordinance Proposed Amendments 4. Discussion of Naranja Town Site Master Plan, Process, Organizational Structure & Timeline Adjournment 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 Oro Valley Town Clerk, at 229-4700. POSTED: 3/23/01 4:30 p.m. lh 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION STUDY SESSION DATE: March 26, 2001 TO: HONORABLE MAYOR& COUNCIL FROM: William A. Jansen, P.E., Town Engineer SUBJECT: Oracle Road Improvements (Phase 1, 2, and 3) Due to the projected increase in traffic volumes on the four-lane section of Oracle Road from Calle Concordia to Rancho Vistoso, it will be necessary to improve this section to six-lanes to maintain an acceptable level of service. The purpose of this presentation is to inform and educate Mayor and Council on the acceleration strategy Public Works is planning for the Oracle Road Improvements from Calle Concordia to Rancho Vistoso. From a Public Works perspective, Oracle Road is ADOT's jurisdiction; however, in order to complete the improvement in a timely and effective manner, with the minimum impact on our community, Oro Valley Public Works proposes a proactive approach. Considerations in this proactive approach include acceleration, funding strategy and construction sequencing. From the acceleration perspective, one approach utilizes the HELP Loan program. From a funding perspective,the strategy includes Commercial Development paying their fair share of the cost, such as the Oracle Road Improvement District. The basic construction strategy is to complete the construction sequence with the minimum impact on the community and impacted businesses. 12.2„).A44-zo _ -7:6.. Department Head AK . 4 Town Ma ger 1 o 0 0 00 co cT tu to 0 =. M .....5 CD cr• o o in CD 23 0. C. O. 0. CD 0 - > 0 �, D � a) 0r-_, fu � D73 -',C 6-.-1 0 to CD i) r_, -. G.) Da 0 g OCD ca �- = O T — n = O n �° CD U — N.-I c� CD --i = O OvcnC � � 00 1 o iv o v,• .,1 ct_ 0 of r*' p I g ot cT5" u) = _ n 7:3 e a• CD r _ 3 = � � -,to n o C C p3 CD CI) 0 = = ,--..- CD , 0 r_.l- 0 0 * E 0 CD Ci) CP":._ � CD �- CD CO CO to (164i< t _ ,,,e;2-1-4''',-' -ter-. t , ,,------ u). - � rC 0 ------ I 1.,-c‘ a- 0 ,4.-, \-'4'. ..rsr'rlq-: t'�� "' ",-, '''--tet - __T- s7r,‘".„ ...__,,__.. „-\-3,:„._,_r____.„--. '------1 _____ <,, i f.- * (....) mowns• ,a, . ie ) It'll) th ., ..„..4, 7,01(:• " ...Ti -7--- 3:1 CD -:),..,' ) / 1 . 0A,‘... .. r 0 ':" r•-....7--I j = ./..-1—s, > _ill 1 .. ).--= 0 ate•,,\,t- ,�r 1 r cls r•---+ c:co -: C , „--, k ..-,,- ---s o_ . - - CD .._... f r---- u r y (j , _ _. cn ..— __„_Thr. = , a - CD CI CD� f�i� j t ii \ /1, (..---- ,.\,, {K,,..-- ,,,..„3 , ,,fir” ,. M 4 l N\ ... ,_ , 1 111 r .�,� 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 3/26/01 TO: HONORABLE MAYOR AND COUNCIL FROM: CHUCK SWEET, TOWN MANAGER DATE: March 26th, 2001 SUBJ: Discussion of Annexation Policy SUMMARY: Since the Casas Adobes failed incorporation d incor election on March 13th 2001 the Town has inquiries been receivingin uiries from property owners who have expressed interest in becomingpart of Oro Valley. In order to be responsive to these annexation inquiries, it is important that the Town Council revisit the town's annexation policies and guidelines. There are two guidingdocuments for the Town Council to consider when reviewing the subject of annexation: Resolution No. ( R ) 95-22 Oro Valley Annexation Policy and the Town's General Plan. Resolution No. ( R ) 95-22 (Annexation Policy): The required process as per the Arizona Revised Statutes to annex property into an existing city or town is outlined in the attached unincorporatedp p y copy of the League of Cities and Town's "A Guide for Annexation". first guideline of the Town's Annexation Policy says to : "pursue the filling The out andsquaring s uarin off of the town limits. Strive toward a configuration for the town limits which eliminates county islands and peninsulas and yields an identifiable, manageable boundary for the town." The fourthuideline of the Town's Annexation Policy indicates that the Town g "Futuregenerally should consider: annexations of the Town shall be consistent with the policies and the planning area of Town's adopted General Plan." Town General Plan: The Town's current General Plan makes several references to the subject of "annexation" in the following sections: SUMMARY OF FOCUS 2020 REFERENCES TO ANNEXATION The following is a description of the Planning Area of Oro Valley's incorporated land area is 26 square miles as of The Town y � 1995. Over the next 25years, the Town will need to annex additional December lands to accommodate growth and ensure attainment of the community's vision for the future. [Existing Conditions 3.1 Planning Area, p.3-1] 4.1.4 Land Use Policies and Recommendations Planning The Oro ValleyArea is 84 square miles, while the Town's land area as of December 1995 is 26 square miles. incorporated Considerable discussion occurred in determining the boundaries for the Planning Area. The land area included within the boundary is intended to represent potential areas that the Town Council would consider annexing at some time in the future. Therefore, it was important to do some planning of the area even though the Town currently does not have legal authority. By planningthe area outside the incorporated boundaries and closely with Pima County, it is our intent that the County will working clo y ty consider the Oro ValleyGeneral Plan when making decisions that might impact future Oro Valley land. [p. 4.1-7] Policy 1.3J: Work withjurisdictions other to encourage compatible, high-quality development in potential annexation areas. [p. 4.1-13] The following a is description of the Conditions Related to Economic Development p External Opportunities External Threats Future annexations; sphere of Zoning commitments made influence Good housing market Annexations [p. 4.3-13] Economic Development Policies Policy 3.1 G: Assess the long-term costs and benefits of annexation g versus short-term gains. • Encourage annexation of county islands and peninsulas to facilitate infrastructure expansion and improve operational efficiencies of municipal services, and standardize design criteria. • Prepare fiscalimpactanalysis anal sis for response to annexation Policy 3.11: Annex Pima County areas which will provide a positive net increase in tax revenues. [p 4.3-22] Table 4.3.5-1: Economic Development Strategic Implementation Action Time Frame Responsibility 0-1 yr1-3yrs3- 5yrs Develop a fiscal impact analysis before X X X Economic Development initiating an annexation. Adm.; Town Manager; Town Council; Finance Director [p. 4.3-23] LAND USE ELEMENT land proposals and disciplined decision-making Careful local review of use p p to enforce plan implementation are the bridges between Oro Valley's opportunities. It is particularly important for the Town to constraints and consider annexation (or increased extraterritorial influence) for lands that p are not presently within the corporate limits, but that will impact the community. The Oro ValleyPrimary Planning Area is the area approved Council aspotential future annexation areas. Prior to by the Town annexation, the Town Council must approve the annexation area and a must be completed. However, much of the Planning fiscal impact analysis p Area is also within the Town "sphere Marana's and City of Tucson's of influence," or potential annexation area. Therefore, communication and possible jointp g planning efforts should occur with the surrounding y Pima Count within the Planning Area. Focus 2020. jurisdictions and General Plan had considerable participation and input from Oro Valley 9 jurisdictions thesesurroundin and the residents within the unincorporated areas. [p 4.3-22] 4.5 Public Facilities and Services Element As Oro Valley matures, it is expected to grow in two major ways: 1) p increased population and employment within the existing Town p p boundaries; and 2) annexation of new lands. These growth opportunities can have significant impacton, and create additional demands for, Town public services and facilities. Attention must be directed to positioning the Town for the future, reinforcing established quality standards, and analyzing the cost/benefit of potential growth. Town officials recognize these responsibilities and are taking steps to address them. [p. 4.5-1] ATTACHMENTS: 1. Resolution No. ( R ) 95-22 Town of Oro Valley Policy for the Annexation of Unincorporated Land 2. Town of Oro Valley General Plan Land Use Map (11' x 17") 3. Arizona League of Cities and Towns — "A Guide for Annexation" 64/1 / 4 TOWN MANAGER RESOLUTION NO. (R) 9_2 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THAT DOCUMENT KNOWN AS THE "TOWN OF ORO VALLEY POLICY FOR THE ANNEXATION OF UNINCORPORATED LAND" AND MAKING SUCH DOCUMENT A PUBLIC RECORD; AND RESCINDING RESOLUTION NO. (R)93- 18 WHEREAS, the Town of Oro Valleyhas, in the past, annexed unincorporated areas into the town limits, and WHEREAS, the Mayor and Council desire to update and revise the policy of established guidelines for future annexations to ensure that anysuch annexations will be logical, practical, financially feasible and in the best interest of the town's present and future residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: That certain document known as "Town of Oro ValleyPolicy for the Annexation of Unincorporated Land" dated May 5, 19 9 5which is attached herewith and labeled as "Exhibit A", three copies of which are on file in the office of the Town Clerk, is hereby adopted, declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. p That this resolution shall supersede Resolution No. 93-18, which adopted a previous annexation policy, and Resolution No. 93-18 is hereby rescinded. /7 Valle Arizona this � day AND ADOPTED by the Mayor and Council of the Town of Oro y, of May , 1995. 4VIC-4-12,--k_ Cheryl Skalj y, Mayor ATTEST: /or, Kathry . Cuvelier, Town Clerk APPROVED AS TO FORM: -// Tobin Sidles, Town Attorney • EXHIBIT A Town of Oro Valley Policy for the Annexation of Unincorporated Land May 5, 1995 • Pima Countyof the Town of Oro Valley shall consider the The annexation of unincorporated areas of following guidelines: off of the town limits. Strive toward a configuration for the 1) Pursue the filling out and squaring town limits which eliminates identifiable, manageable countyislands and peninsulas and yields an man g eable boundary for the town. d shall be prioritized as to quantifiable benefit to the Town. 2) Areas to be considere impact analysis for both undeveloped (rural) and developed 3) Require the submittal of a fiscal of which may the level of detail and contents of vary with the intensity or complexity properties, land. Such analysis is required. regardless of who initiates the the proposed or existing use of theY annexation process. 4) Future annexations of the Town shall be generallyconsistent with the policies and the planning area of Town's adopted General Plan. annexations initiated in areas deemed most beneficial to the 5) Consider a proactive stance on studies. indicatedbytown- reared studies and/or professional regional Town as town-prepared existing,6) Lands annexed by the Town shall have ordinanced zoning translated to Oro Valley in densities and uses no greater than those permitted districts conformance with state law and to densities ordinance of the governing jurisdiction immediately before annexation. by the zoning ' ZoningCommission shall review any proposed annexation for 7) The Oro Valley Planning and . shall forward a recommendation to the conformityto the adopted General Plan. The Commission Town Council within 90 days of the initial hearing on the proposed annexation. agreements shall be considered by the planning and zoning 8) Pre-annexation/development with five year commission and d a town council where appropriate during the annexation process limitation then subject to review at the end of the five year period. � , ••••.•:••••.,.:•,,,f,i,,i,... 43k.:'''''''''';4:,•t..ViNii*Viigng'1160iiiilialliNfigigliii, .,,,,,,,,,,,,,,,a,•:,,:,•/•i...:,:.•,•:„:*':i".,i0":;:;:gaPagiatgn40..•''''''':',.,......74*Kigile:iiigg.",,,gi'fii.:,i4:i'.$:',...igiX..a.,;.0.ii':?..li::'.::iiii:;1; :::::*:::i,•::.;:.:.,....":.i].,',;:*...i.;,..:•':2•:•:':':;3:•::::'''''''''''''::: :::g§i..004?. ...:,,iFf:•::i:E.;:i-M:;:ik''Ji:::.iii.'.:,'''..:8;:.:?..1:5::.iiii.iiT:ii:4•.:3.ii::i.':iiiijiii:::,:rc::..:',10,,,,...it,',4,...','f...',?;:•:',•::,:i.:;.,.:::34,:gc,ig:41,iii:?.:,,ani.i.i.iii.i,•::::,:,..:::„N.NO.V.:g..:::.,:::: faiiii:0:::::*4:4:jta0.01MI'IL:i•i::::i::;;;I,:iii:,.:i..41.:::::iigniM::•..,,,MiQiiliiiii.Nii::,:,:,::.;•.f.S;A:M45:*:it',./<"SiiiiVii.M.:',.M.::Aiigl:e.iiiggitV....Z4.*:,...:.:Mi......g'..:•:Mc...,..li:.::ii.!:::::).:,'.:?:::.:•••••:::i:::0.:.;•;••.:•::;•:a;?...f:M.::.'3:•:..i::: ':::.*:'''''"':::':.:'''."*'::.:::""i:.::::•?;:'''''AW:':''''''''''''',,'%''''''''''''''''''.:.:%•3•':'•:,10''''•M:,'.:':•:•:'f'•::;.:::•:.':.:•:.:WIM•%,,,,I:,:K.,.if.§:,„...;:,:1,::i;••1,:.:.::*::?4:i:i:::Xii::•.%i:.*:::i,.,;•.,,,..:„„i:.:,::§,ig,i'„„,„:?„,4•.,•:„.::„,......,:•:,„„,„„,,,„„.,„,,,,,,,,.:,,....,.....,,...,...„.....:.:...,.:...,,,,,.,,:„...:,.,.,.::,.:„..,,,.:;.:.:...:,.: .,,,,,,,,:,;:.,,,,.:,,,,,,,K,,,,:*::::•,,•:::::Aia::,•§::,-;::::**,n,V4,1,:',..:*,,,i*,,KV:Uki:••••••:',iff:<,,i,K:i*::',7,:4,i,.ki:::',,,,,,,,,t.:„:K:i*,;M:::::.**,•:::•••si,::::.:i*,•:*::*::::.:•:::.:*•.:::•:::::,:•:.*i,,,•.?,::::?:::gf.:i*:.,.:::::::,,,,,i,:**:::*i:§:*f*:,:?,i,.,.,:iff.i*:::::.:,•::;:,,,,:,,,K:i::,,,A:::•:::.:i**•:::,.:::::: :''''''::'''*f'''*':':'":''':::::.':'..:':':::':::.:''''..":'f.:::''':':'..::'''''4''N.''.i..l:':':':':'f4*':':':.?*V:'2''''•',:•••,••'•:K,:'::•:*::::',*:'4:••$.:.;:'•:,:;i:i•i*i::„:.„:i:i:A„K:i:if:*::::,:•,:,;f.,„,:,:,..,:,,,,::::.,:.::.,..,,,,,:r..::...::;:,..:,,,$);v,.,;,:,,,,,..i...,,,v,,..:„.::.:,:.,,,::::,,:::::.::::5,;:::::,::..,,,,,::;,::.:::,:: ..,:,.;,._:'1,,,:';gi.:...i.t::.iiiii!iii,1•Eiii:.ii:::,:iiiii?:•:if,',..iiift.1:„,0,ii§,..*.:iiViii:le:::;..,Qiiira•ii:ti:Migiffic:C•::kg::::§:.:::i;iiia:::::::::.g.:::iiiL::::.ii::.,:MVggil:..:..i:,,••2giii,igii::iii'e,i:iiiiii.e:•••:::;:.,i,§•::Kzi,..,?:.::JK:i*.;•?.W?:•4:§i,:::::ON:*Fit4:.:PJ:.PI.:*:,i,i'i':'i::':Wigi?:,:ii':',,,,:.::':':4,':', .:•'''..:".......N::••.:•••'•,:::::',,::::,,,,I,..:,:i?0,,4,,,,„:,:;i:,,,,,,,,,,,:::•,,,....,',,,..1?.._ii:;•,,,:,,,:,::,„%,..:?,....,:,,,,44.I_,:4..„:.:,,„,::%,.*:,,,,,,,„::,:',....:::,,,,,,,.,:,.;•••:•:::,,...:::,:,,,:,?,k,,,,,,,.,:::::..,:•,...;,...,,,,11,,,,,:...,:•,..,•::,•:•:::••••••:::::::,,,,::::,,,,,,,,,,,,,...,,,,,,,:•,..,,,,:::.:::,,,,:::::,,,,,,,,,,:.,,,,,,::::::::::::•:::::::::,,,,,::::::::::, ''''',..,,,:.'<f•,::::::'4,,,,":".44411.4.":"97;•::::-....':,::.4.'4":"•::•:";;9'"*....;'''''..:4.•':',..::'.......4..:::,:'''K.,i,,,,:-:,:::::::.*•:::.:i*ii*i:i*i::::::',1::.*:.:M:,.::.::::.:,:::::,,,::•::•::•:,i§::,:iiis:,*;:•: ,::**:::,:::K:i••::::ii::,:i*K*:.::::,.?;:i,iff:*•,:,:,:i:i:K,K:•:x:i::.:•:*,...:.::,:•.;::,,,,,,,.,.:: .:•::,,,,,',..;•••:::,':••••00,:•::**.,rie-;:•Si?,,,K,;;R:,•1:,,,,,KIII•ii;§..if,iii::,:i::::?$:!:;01.:4;:**::.:1.?:::2....k4g::.40,*0.0K:K:tf,•:::•:i::::iii:ftiii*.*:::*:::.:::••.:::•••::ii:X,.*:.?::•:,!:'.ii:',Kif:::.:::::::.*i::::::.::::::::::.*•:.:•,:ii,.*i,::i%i:,,::::;:.::.:i..K.,...:,,g1:i:ie,:•:,;:i*:?....,:,::;:::;,:.,..::,,,,,,::.,•,•::.,..:.:,,,,,,,,,•,:i.,,,g.u.:::;, ,....W.4.:::.b.:::::4!;',.%:::•:,./.;::;:Kis,.$,KM:::t(R:Kii?::::::.::.?.**Mt:Wq.,iiii,4:::Wit..iii,.,KVA:41.4,4,11.:{:?.::$.:4:1VIRMA.:V.:ifili:.iii:,,,._.0:::::gl,giii•,,,...::1:•:,.f.:iii:i:•::i*iliii:.:.i:i:Kii:.:;;:iii:i:i::::iii.:iii::::::i:iii:.:::i'::::::::::ii,/,.P.V.:,.7?.;:,:.1.;i:::::RY;:.,::.:.,:ti,::::::M.,::?.%.*:5•;;;•::Vii:::,,,Vi:.:iiii:'..i,:•:0 :.:•:.*:;.i?:i;t:?;i:i:iiiif;i:.**5:•::iiii,Wiji,tii:':::"...,.4.;?,:jii:i:,:.:M:f.0::Waktelf.ii?:*:;:iii.:;..:V.,.ii•Q;;;Ii;i1:::i.feiiiNk::Aq.•.,:;:.•0.M..1;,i?;,,L.504::,:.M:.;;:i.of,:;,::•§::,..:.:::,%,..n.:•:,`...;•.:::•0;:?.;:i:‘•41,?,1:ig ...iillftilitc:§aVii,ii,t.:0,:',fe:4:10,,,U0‘.:.::;::::ii•MbiliiMgli;':*leg:04.5.1, 4.:-....".:.../44*VMP: .....,,,-...:.:.,,ItaW.§14X1001::1:0::•;VI::;'.4:: ;':.***7Agl°4010.124r:'''''' '• ,::::.•`:A.,.',.,,,..:: •:•,•:••••':-:•,,,44.4•.••••:••..'"''',•,'''''''...•• ::••• •-...••••:•;•:: ,.••••:.:,' .:4,....,' •••,•••••••••...: •,-, **,.....,..-.,,,,,,,,,,,......,..:•••:•:•:•?:•:,:•,,,,,,,,....e.,...:.:.KKWA....%,,,,,,,,,,,,,,,,,,,,f;:,:x2,.." .P....:••••%,,,,,.:: .....,,.......,.. .::i .4.,,,i,„„, ,,,,, .,,. .._,.....::,,s,,,:„:. .:,:,,:,,, :,:44.7,..,•::.,•,.:::.,?..::•::::,i,:::•:.:g:iii§?,,•IN•:,•:.:•:::,.•:iii:::.:.••,.m.;:ii::,,,,:•••••,..,:.i::.:*:.?,:x?,:r..1t.,..::::.:,:,:<•,ii...,,,,,,, ,,ok,,,L,,,,,,,•r,,,K..i.vt,e-: ............,...,........:, ....,...••••,.....,<••••:,...:......:,. ...,:.,.......:...:.:.:.• ..,...: ..•-••.:.,. •<,...• :„.v. .:..,....,,,.:.:........ ,,.... ,-,.,,v-....„..,„.,.,•..•••,.......••••.:...,..v...,:..,..,...:.:,.....:.:.w..z:.,•:-....:,....,,,,,,,•„,.:.:,,,,...,,,,:•••,•:•:.:.:.....,,:.: ,,,.:„„,.,.....,:.,...:.„,... ,,,,..,..,....,...;.:.:..,..:.• ....,:..,....:•,,,. .:•:,.... :„...,....,.. :..., ,•:. ,......,..:,....;.: •••••:.: , ::,,,,,,A,...,,,,,,A,...„,,,,,,,,,„,:::,,,,„.„.,,,,,,,:::..,,,....., :::•:ii,:•::.::.,::.,.::?,:..:•:::..::::,*,::::::, .,. .:,:x..,::::::::::,,,, ......,...,„..„,,,,.....„. ,,,,,A.:::::,,,. ::,:.::::. ,,z. : ::::, ..-,-,....,,,,,,,,,•,,,,,,,,...,:e.,,,,,,,,,,,,,,,,,,,,,,,,,,„„,,,,,,„:,:....,,,,i,•:.:;,::,,,,,,,,,,..„,,,. ::::::•,.....,•-•:.:.,,.,:::•::,:,.i.•,,,,,,,,, ,•••,,, ,,,,,..:::.:::,,,i,,vni:: ,0 :: :,:•::::,•,:••••,....., :.::, .i.,...., :::::.:?g:•••6:::::,::.:.- .::::: .....,.....,,,,,x,,,:i...;.,::::,.::::::::::,::,:..*::•::::::x:,,,,,,,,,ix...:::.:,::,,,,,...A,,,,,..,•:.:::::,.:.:,,,,,,,,,,,,..,::::•,,,,,,g...,,:,„..,:•,...4,,:,,. ••,:,,, , .,,,,,<•x, ...,,, •::, :,:i,,,:•:::::•::::':•:, •,... *•::P::::•,:::•;*,..;::::::,:r..4::::;:••:0.,,,,,..:::1:•.0,,,,,,,,,,.n..::::.,..-.:•••,,,,....:,:::::,,:..,,,,:.,,,..„...:::::::::::,:::::,:::::,:.....:.,,...:•:,:::,:.,, :.Aii-.::.?.??..:::::m.::::::iir..., .....ii:.§: :',,,?...0::.,,r„ :::::::i:.• •-:;:.,•ixz••••:.?.......*::, •-.::.::::: .•:::.,::::•,:,ii::.:?::::::i,:.:::i....,' .i..3:: :.,0e:_.. 1,,;,,,,K,,,,,,K.::::•:::::,,,tiv,,,.1:.::i:K:i::::if,:,::,2.:,,,vg,:i,..,i::i*i,:::::::*,.:::,,......w...,:....;:::••:•.:*K...,.:*:•••i:.:...:i*:::::::::.::ig:::::.:,...i,..::*?..:,i•.:,••::::::*:.: :::::::::::::::::::::::::„. 1,....".:111:::::•:•,,,E.,......„,11:::::.:•4:::::„..:::„..::::;,;,,..:.: 10.:,::::„.,..:Rog.:.::.1.,:.:4:•:*:lili :::.,:ip.,:::0:1;:?....i....ii:!,::•"1::::..,..,:::::.7.::::::„.•:.4.,..11::,.......77.„....::::;111,::::,::,:iiiiilf.1:.,11,111.:iiisiligirisbo:.::$11.iiliKriligisiii,:::::::"Iiiiiiits •-,:::'''.....::::'.i.::::KR::-.-4:.'•:•:::::.::::i1::::.i:••,- i'.:.::::::?...iiit::::,•::::i.......,............. .;::*;.,::::::::,,,:::::•:Koiiiiiiiiig,',.:s_.•ii,KE',..:,:.iii:i:i:i:iiiii'?..::::!..:::<•:•:.:ii::::•,i:i,..,•,:•,i,•::;,.,,,,,i;:§Ti.M..i::,:l.:.:Ali,Miiiii:•::,,,hiiit.„§:.•:§,1:ig,,•::.:ftgiio,,T*0.•:ii:At:,•:-.:*i-::iiiii;i:.*:-„I:•:•::::::•;:,K.,•Ri•:.,:.:,.miii,i-01.::.4: .....:,.......,,.•::::::-........:::::.:.•... . ....-..,....:R.::.:::::::iK:?.:.:•::::.::. ,:i:::*:•::::,..:.:.:*.:,:•::::::::::::....::::,:::.:,:::::4..,::::::::,..:::,.,:mi..t..§:•,:m:Ki:.a:**?.x,,:.:•::::.....:.:::::i,..:iii:x:,:in:::,:?4,:piv:I.i:•:.:ii:..u1;•,...?::.:iiii,:::•::•:.m:).:.:mil..i:?;•,•:;::::Igi:.::;.1::,....,..iff?:iiiii...ii:i.:.1::.§iii'a::KliiQii,,i,•,:g::5.q::.::,•••••:::gig,,i,l,igq::::p.::::g::§:,•::.;::::::.$••:::::•*:::5A,,•:,ii:•: .::::::::::.0....*:::..:::::::?•:.:,,,,,,,,,,,,,,,,,,,,,,,,,:::::*,,,,,::::::::::::,,i*,:,:oi:::::::::**::vi::::,,*•::4,m,Ak-v.,Km::::.:5v*:::.,2•K:::•••••e,i,i:::i**.A:i:,:::mmt:::i.,A::::c::::::;.,:::*.:::;:K:1*i..:,::::•,•::::•*.N:.*.:::,:,....,::KvB,::::.K:::.:,::::.*::.:::.*:.::::•::,*.::.::Ki*:::.:§mi:::,,,,‘,.:::::K%.::i...::.:*:::.:::i*:,tio..4::•,•:,;,g,:,.,.:0:404,..:•.,:x ::::.:...:...„...„:::::::::::::::::.....,,i,,,,,,,,:.*:•:•::i•::•:*:.....::•:.:.,...,••••••:.:•••,::::::,:,:::::•,,,,,,,,...,,,........,.......,.,,,,,,,,,,,,,,:.:.:.........,:.:,.:•.....,:.:.,........,,.......,:„..:„.......:.,........,:,.........,...,..,....:.:,......,..,...,...:.:.:.:,...„..,:,,,.....,:.....•:......0•...,,,,,,,,,...x.::,,,,,,..:............:::,..,.,....:.....,....,.:.:,•:.: .......::::::::.:::,,,,,......:•:::::if,..............:.,.....:•,,,••:::::::•:•:•,,,••••:••••:,.,,,,••••••,,,,,,,,,::::••,:,,,i,...:.:.....,:::...,....:„....;.:::......:...;,....,.......,:.:.,,,..:.:.••::.:.,..:„..:.:.:•:.,,,,..:....,..,.:„.....,.:::•:.„.,.„..,....::::„......,{.:••,,,.:•,•,,•:.:..,„.>:,,.:„...;........,„,...„..,„„,,..,,„:„,,.„...„....:.:„.......4,„.„,„„::„,,,,„:„.,„,....„,„:„:„...„.. •- • ••,.,•• •. • •• •:;:::::::::'.:::':::::''::::':i'::i:':'''''.....::::.'''''':."':'''''''''''''''::•'•::;.::::,,,,':',A.4:**•*,?ii',:x:Km0.464:0,,v;,•,•-..,:,:.::,...,•::::,•*::•::::::::•,,,,,.:::•••::,:::::....,:,:•:::,:.*•.,,,,i,.:*•.::,.:•,.:...:::::.:.:•:::::::::,,::::,*.•::::::::::.::::::,::,.::.:,::::::::,,i,.::::.:::::::::::::.••:: :;,.::::::::::::::.,:4,:::::::::::v.:.‘,„,:,.;0::::•,..„.::.:::;*,..,,,,,,,,,,,A:.,,,,,„,:„..,..:;:::::,::::,:.,.: .,....:::::::.::::••••,.:,.::.:?2,?.::::.:•••::,.....,:....:••••,.:,..:••.:..,,,,,,,::j:,,,,,,,,,K::,::::::.:,,,,,..:0.,,:::::,..::,,,,,K,..*:;§:,..,::-.,:::::•.!*:,,••• •,...,•4:::::::::1•::•::•:: •,::K:::.,:x*::::*•::::•:,::::.:;::::,:•,,.*:x:K::•.*:i:i*x:•••,:..::.K••:;::K.,::.:,:..,..:,,,„:„.,x:•.,:,„:,;,,,,,,..::.:!:,,:.:.:,:::::.,,,,,..„:„,,,,,:.,:.!?::•,,,.„.„,;,,::::,,,..t,•,.,:,::..f•.:,„,,,:.o,..,,,,f,:.,.;::,:;,.*:.::.:,:,::.... •-•••••••••••••••••,,,,,,,,,,,,••,,,,,,:::::::,,,,:•:::::•,::::•:,...• ,•:•.:::...::::. • ••••:ir:::::,..,:i: ,....:,.......,....... •i:::K:::::::::::.::::•:::i:,:::,:i,,,:::::xk:?;:::::::,::;:•:•:::,;.:::*::,::,:::::::x.,::::::•:;.*•::,•..,:::::::K:.:•:::::::::N::;:,::;::.,::.;.:..,:.::::::::::::::::,::::::::*,,,,,,::::..,:•,..,,A:•::.:.:,:::::::,:::,,,e,,,,,:,::::::::::::,::::.,,,,„,..:::,.:.::• .........,...:.:......:.:::•::.i:ii:::.,:::.....::::•:,.,•ir.::.*:....:::.::.::*.....,..:.....,....*:.iii:i::.*.:*•:.::;:*i..K:i::.,::.::::i..,: ...............,....„,:, ..,...,i,i,:::::„... .:,,,,,.. ,,:....,;::::„, ,,,.......................•...............,......„...........,,..........,.......,.....,.....,......„—„........,„.....,....................,•,..)...:„.„.„,•-•,....-,.....,,...,.....,;.„...:„.„:„:„.„„,,„.„„:„...... ..................,,,,„,..............:„.„....,.........,...:•:,.........,,,,...„ ...,....,....:•,.. ..:......,••••:.:.:......,..:.: ..., ......,•••••:.:.3.:, ,..„:„:::,:..,.::::•:„:„.,,,,,„.:,.„.:4•:::.,:::::•:•:•:„..::,:•,...,..,:•:::,.:.:.,..:„...:„.„..,.:.:•,:.:,..:;.:„.:.:„,•,....„.:.:.::.:„:„.;.:„.:„:„.,::::,...„,..„.,,./..,,....,•••:.:.,..,.,,....,:.:,,,:::,„„...,,,..,„,,,,,..„:„.:::.,,........ •:••••••••••,••••••:,;••••••:•:,,,,...:•:....,:•:::,....:,,,,,,,,,,,,,,, :•,...,.:.,.:.:•:.... ......,......:.:••••:.,.:.:..:.... ...,.:.• .„.:..,„,. .„„:„.....„.......„..„.....:.,„.:,,,,,....,,,..............:.........,:•••:•:•:.......,,,,...:.:.•,...,:....:.:.:,.:,.:••••:•:.,...,...:..,.........,...„„...„,„:„...,.............„:„.,•,,,..,,,.....,...,......,..,,,,- ''''':''''''''i:::•:-:'::::::'::::/....::::.:::::::::::':.,:::::::::'::::•:,':::::::,%::::?•:•••:' :':i:::::.''''.::: ."::',•••,.,:•:".'",::::::::- , '"::,..-... ••,,,,,........::•.:.•,1,,,?1,.....,,....,,,,,,:••••:,.::::::::•••.•:•:•::::::,>•:::::::::::::::,.::,,,,,,,,,,,,,,:,...,:•::::,:::::,::::,::::::::::.,:,.:.„,„,„.•:,:...:.:,::,..,,,,,,,,,,„.....,„:„.„......,.,.:„.....:.......„:•:•::::„....::::::: •:•,,,,•::::::•:::::::::::.,*:,....,:,?,....*•::,....:.:.:.,.:.:.:•-•:.:.:.:.:::, . . ::::. .::.:*,.......:::*-:::•*:...:::.:::::::::. ::::.:. 3::::: ....,:*1::::•:,:•;;E:i?,,,,,,,M.Q,,,,,,•••.•,:•:•,•:•:,••••:,::::•::::q.,:,,,,,,,,.,.:;:;::;::,;::,;:,,,,.:.::;:;:,:.:•,:.::;..,,,,,,,,,:,,,..:.,,..:::.:••:::......:.:.,:,..,:::.;:,,::;:::::,:.:.::::,:.„:.:....::,,,::::...:.::., :::•".J;;.:1:::::::::::•••••':::':::.:::•.0.:•.:•0:•:::.:0::Mi:';';.:::.0:•••;:::::':'..:;:•••• ::.•'::•'••:'::':::'i":•:::':••••••::::.:.:..2.;•'•:.:•.:: .:::::•1::::.:'.1:*. ,RIIM,iiMP.• ::.:4%,::,:5Flei:,.i:.',.:::::•:,.•::::::..,:.:.'....••••:::•:••gii:••••••:]:;:.,•;:',..,:g•i:4•;:.V.i:ii:::4:0:::iii;;:'.0,,,A:A,A,Fkl*N.,:g:::,:::::::?.i...:,..,,,,.. ':::::::•;1::.:1$1::::4;:lgi.:•••!:5:::::::::!!.::i.::il.:1:11::::•!:1,?;!:;i::i:11::ii:.:1:;i111!:';'::::::ii:1::ii:::1T.•:.:11:F:;Ig'•,i::,'i.::i.::U:•:::.::'•'i:•::;:•:••••••••••••••,:•:•:,:*t:i::''?:'11.':::;::•:i:';':s:',C:':::;Ct:%:,fj•<:4.•':'i ' :?(.::':•*::;',1:,?t.:"::;e,:P•Jl:':'':'!:;':,.::,::'::''':••':"•r:::::::'f:*;::.:'*i',:g'gl:45h'':'.::::;::':'::'•:ii:ll:i'1::'1.'•lii.:::,::i':iili:iiii:§':?::•:116';'•:ei:.,VQ''''•:::Aii'tl':'•••:,::.::•'gtr9.4.•:.::':::::•ill:••::i:•1;:i'f:::t1:'k•;.''''P•::;?.:*;:';.:•&lqs•A:'k,;::::?'•:lril:::::•'.::L'•" .••...,••••.....,..,:,:::::::,:if:::::::::::::,,,,,;:iff,'.....w..........."'•''''."'''•';•'*•:•••••••••••,:::••.••••• ,.::::,...•••4......'•-•••.:,,,,;;:.>"......,.,'•,....,,,•::••.*:.,..•••••• •• ••:•••••.:::0,,,S„', :•.•.1.:.:.,.." .•,i.i....,.....,..,i:::,01:i.:•.*,...,,,,,:,,i*,,,,,.,.*•;:i:,:"..:::,i:ifi:::;..,,i'.?,*:,::::,..iy.:S.,?.)1:,,,x,,,,K,...j "••••1::::::::,:,:•':*:•::•:,::::::.:,::::::::::•:.::,:•:••••••:••••••••••••••••••••••• •••••••••::,•,•••••••••••,,,,,::::i:,•:,::::,::::::,,,,,::,,344:,:::•*;,&•:,,,,Wi.•?;•,::?5,,,,ic.,.V.,,,,,,,,,...4.::,,,si,,,,,,.....*:•••.,,,,,,,,,,,,,,,,,,,:.:,',..,,,,•:•,,,,,,,,,V5,:::,,,,,,,,,,,,,,,,•:::::,,,,,,,,,,,,,..::............,,,,..,,,,..,,,,,,,v,,,,,,,,,,,,,f,,,,,,::::•;.;0/ ..........••,••••••,,,,,,,,:,:,',.:::::::::,:,•::::::•;,...,::::?:,,,.:::.:.,,,,,::::..:*.,..::::::::,,,,,::::::••••,..,::::,,,,,,,,,,,,,,••••,•••,4,:<,,,m4;:nr,,,,,,_.,:::,,::,,,,,,Z.,',,,,,,,,,,,,,,,,,,,,,,i,::::,::••,:',..•:.•••••,,,,,,,,?:•.;:,,,,,::::::::::::•,::::••••••••,,,•••••••...:..•••••:::::,,,,,,,,••••••,,,,,?,..::;.:•;:: ....,,,,..1,,,,,,,,,,,,,,,,,,,••:,•••.,'. '......::,:".i.:::•••,••••:::•,,,,,,i,••••:,,i,,..,.,::::**:.*::::::::::i•**,,K,K:::•:.,K,...,••::::••:,,,,:::,,,,,...:.:!,.:i::::::iii::::::,;:if• ::::•,..44,:immg:,,,,,q•:,,,,,,,K,•,,,,,,,z,,,,,,e0...k34.,...,,,,,,,,,m,•:,..,::::,,,,K,i,i,i,,K,:?,,,,,,,,,...,:•.••••••••••••••,,i,••.........,..,,,••:.•• ..,:„.,,,.,::::4 :::5%,,,,,:.,i,..::::,::::::. .::,...,§3,:i.i.,,,,,,I,J,,,,,,,,,,,,,,3,,,,:,,,,,*• .::::::::::::.,............::::::::.::::::::::-:::::.:...ii:::::ii....5,::::i...ii.:::::$,;:::::?..i....m.....:i:::.,-,,,:,:;,,,,,,,,::::::::::.,,::::::::::,:gaa,„:::::,::,::::„„,,....,,,::,:....,;4,4,:,,-;,,%.:!,i..,.k.r,,cs%,.rg.e.: :::', `,::' ,.". ."...,tf::::j.. -...'ff..., .,...., ;:i...... ::,.-,4si:i :'..:- '''...4.1i...... .i..:.?.ti,:'01::•gi',.:C:It...:.fil:-.....:1:0-,i0 1 ..,.....-•.•.•:•-,•••••-•-•••••,••••:•.,,',•••••••"••••••'-••••;.:•:'.-',,',,ktM•:'*i§:?•;;:.*.,,,0,.,••,' 'S.:',„,•,?sv. ...,,;. .......,..n.,..%..,g,,r.,.• .....:.ii.`•.••••••••.., .•,...,;:f.,,,,,;•,.. i:SS ,,,.• :...441-i:;:5::f-c:, 14: '%t•,:::.::.: .....-J';';.1.0::::'.::!",'-':?....:40174:•:, .1.....,p......qy.......111,:ilifii.!11111:,1!Ii:N.p:::::•!:4t......'-'.:Zg..F....titvW ::::....,::44.:,::.:,,,. li: ,,,4,h,...,s,:i„,,:.v....,::„,.,,, , ..,„... ..,,, , .,,,..:,...„:..,: .4 ....,.. s' -.•:'''''''':••••:•;•:'"'''''''V./': • .,..,..,,,,,,,......,,..,,,,,,,,,,:,...,::::...,,,,,,,,.......:,,,,,,,,•*.A.,,,s;' ,1:.•,..,:... ..,.....:A:::t4- it. ,..., ...,:,:-...:, :, ..,,,,..--.,,....,:,,,,:. ,,,,...„.,: 4. ,...:,:?,, :„.... , u,;,....1,,,,,:• , 4:.:.,:.. .::::::::::::::::::::::::::::::::OR.::::::i:i::::::::::0'...WW'f*:A.-., .......'!,,i,:..4.j:i: 4,....: ...0..:•...k,..1.1 ....'........„,.,'.,.111'.i....2"............,. 7....i::4,, :i".• .".• ...74-F".: ..4 alt..' , ... . 1 .,,,,...,,:,-,...,:',..,...;;,...„•,,,:::,,,,,,,,;:,...;:::::.,:.ic:-;.,,,,,,..tg, ,..- ',1g :.,,,,,:. ,....: k 4k:..,,' ....i,zR:4f..,-. .,4.-.....,...'..M.Ir: ..,:. ......:,:z7•.:41.,..„....„,.e.:::::.:-&-. :•:..;.:r:,:i.....,.:•.A.0.•:.V...Z.N.c:g..4.?.1. -.4.t."4-...,..,,,.....:::K.4,":„,..,,,...-••,,,,..,,,:.3.,,,,,.,...v..," .t- ....,,:•,.:..-',..'.:. f.,_ -.*.•..,•;,,i... .., i,••••>,--•••••• ..iii..,:::....,..,.w..., .o.• ::-.K..:.,.c..4*.ft:,.......m.,,..,•.:::.:::::.:.:.,....,.:.....::.:.,::,::. :,.....•:-:-.:--:::.....ni:K:::::,i,,,,,:i7ii.:iiii.:::,,i,..:iiIiK::.*-e;',.-4,';' s''''''''.---'''''''': .<;(*f.';' '' ';:;•',:•;';'' •...: --.::•:s•-•-•`.• .......... •••••••:./..:0V.it ,.,::4%*•.:.le:;:b.,..g.....•::.iit.::::',:ii,....'i:::::::::::inigXAe::,.;........:.iii.,.:.m::z.a...,..,;i4.,...„:3:..,.:1,:i,:•:.•4:.:..,:-,..r.,.--;:::xjg.„1.•,..,:. '4.'tl•.,ik:;:..,,s>,.i.,;;:•?'•••:4,_:1:.4.,:,.::•...Vs.•'........4.NAL.,,,,,,,...,..,..LVW0,;K:.:,.:Ii:',Ai..4,.:::•;:Wig.:-:•*0§giV;P:i4t•W•140i.:f.4014:.tii:::gieW•gi. ,i.ii...;.•..... .:..A.:::.4:",'•:::::::•k,.....1:-....4::::..0iii.:.:;.:-.:•0:'ii.:q.•:::e:V•e-• . .7'.'"'%`;'''rit'4%*,0.440::"ittgi'.4.,i*??.41.0S1402XRi114-alli.. 01...*giTAIRNiiiti:Otf*r•Mknag:..ii:Z.4:41.02740:iggi;R:Oiillig..nii]tAti:jra:gotio.....;.,1,...,,M,..) 1 .141.,,,,,,50,,:,0,4,:o...p.§.4.4tlit4w.,..,,,,:14.0,,;;0•:::„..i.ow, ..,k,..,..,,,,,,y4.x....;...„....t...„•,,fielimf:,::.,•:.;.::atai..1..0,,,,,,...m..1.11..i.:46.::fst.O.:::;:i ........::::1;....::.:;;;;::::.;...'.';:ii,.:ft,„.:•;•,,,,i::.::::.::;:,..,,,,,,,:i•i,::::5,:..,:i,.:4::.:::,.:z:41 ..„:.,...,,,,.,.::,:..:....:..„..,..•,,.:....,::.:. •-.,,.:::,%:,.tw•.ite:,,p.,,,,,k-Ve•s*,t,,,, _...0.,,,.5.11:0. .....,5 .„....,,,;,:1,•,:.4...s:i:5*,,,,,..!,:,?;:•:c::•iimx:3,1:-.;,-...,:?...:4•::?,,,n!,::::,:::,.:;::.,.:A:,.:m :43:;:-...,•,.,:isl:;•.1;3:.:,.m.•,.:A,:::?.:.:•;::.::,:•:.:::::?.,,,,,,,,:.:f:•::,::•::if:::.:,,K,.:.•••••.?•••:::.:ii-a,::.:..i..,::K:....;:::,.::...,:*:.:.,,,,,?,,,...::§,:,•,,, ..,:.:::0:•,••••;:i:.•iiiiiiiii,::ii::iii0•?..g.4:4.:::::•:.:;;,...i...i...:.,i:7.;;t:•'..,•,.'WE.Qp.4-4(ys,„'.:1,..4'.:0;.$4.—T...,•,..,.;:',..•,,,,..0:(;.:4:,:f.•ci:::KiK:ai.i:-::441,,i.1)1.11:git..::,:vaviii::-:::siiis•%.:::hig::::i,;:?....:1::•-0.1.z;:gil:•iimg..,:i::.%,:,•:::,:::::::p......::.m.:i.w.......-,..,•.m,:m..1,,, o...:,,i,::::0..::;•:,:::.:.:::•:..,•:,.:Aiii::ig ......K:iii§:.:i?::.?4::,,i,..:0;::.0.5•:,:liii;ii:"....??%::.,...pain,....:::::::migg.::•::::!.....::7.•'4i:.:K::::',.".,;•;:5'5%44?;44:;'..:1*•''::.;:i'S•Vi:•:•:4•4•:,,,??.:•:,:i:),:a...,,:4.:,,,,,i,,,,•1:-A.,,,:,•,:l....;.:s;:,•:::01,,....,;,:zt•:.:,,,o,;•::,,,,,,..„..w.,,.:::.:::&,..:,..:„..„,.:::::.............:.:::::::,...;:....::-•:.:::,.•,...,.:,•:„.„.:„.::::::,....„:„.,:g.,.a,:.2•::.,•,,,:,:.::.::::.,•,.5i-41`.,:,..:.!::,.., ,iii. ,,,.:::.:,,,,:.;:::?,,,,,,,:ft...::::,:::::,•:..:•..,:::::,:i,:.,:•:,,,,,.::::,.:::::,,,::::::,,*:,::.::::::.;:.::.:.•,,,,,,,A1,•,.:,,•::::::,,:,,,,,,z,i,..*ig.?,,,,,,,,1„,,,,,,,,,,,m,:*::::K:0:1::•:,ss:gf.,?z:*:,,:<:Kwx::,,.:.::K,;•:-::if::i4,,ig:fm:.:,i•.:1:;•4::,,,,,,,,-..,:.,,,,,..:....,,,,,,,,,,,,.*.........,,,,,,;::::•,*,,,,..i.:::.:.,,,,,,,,g,.:::•:::.:i,:.:,:i::.:.:::*.n,:x,„,::::•:1:AK,•: ••••,,i,i:i::.::•:i:iimm:•:K:iiii:::•:*:.,:::•iiiii,,:::',:k:*isvi*,..,,,,:i,.4*,..,,:qi,i,K.,:,::.:*;:::.::i:.:.:.*:•*:,...-•,:v,,,-..,,,ii,,,,:,,,,:•'•':i.4,),..::4:3**•::;:i.:.IF,'*A:::,..i:::ztf.v.,.s.f.s:4,2,,:*.;i*;in,,K:z.:.,.:&:,;,.,:,:..4•:::ig..iii:iii.,*,,,K:::i4j.;:iKE-A,::,,iiiiii:,,,,,,,,;••:ii:•,:i,.:::i*if,...,..:•i-:,m,:•i:,,......,::•::,:.•::.•;•,,,,,,,,...::r...:,,,,•-•,-.:,-,::-....::•••••••••,.....:4,,, ...:i:iiii..:.::::'....:.§.:.:,•*„......:,.: •:i:i:K.k?:..o....n:•Wi,':.tii:.4:::.:::n.. pi.iiiiiiiim...:.,,::::::::::....,,,,:g.i •?`,. • " : .• .4.,„,..A,..-i..ii4K„R,.......*„,.,:•.:.1::••i..,•.,•i1.,.,•::.;•i:..0kK.„,,1••*.,:'.••,,,..•ii•••..,•.,i.,:•ii:i:,,,•:.:ii:.i,i,i:s:i.:;,i.:i-:.;:,,:ii:,.:i:ii.e.-...,i.t:::',.:i,;:i::ig.,,l,f.:...:ii,a::i.i-,:,•:..t::I§?.i:•,r::g:..gW,::v.i,•,,t:..,-,it,:,ai:•,.:l:.oi,•:.,,::'.,.„i:::.g,z*:::.,:,'::.i:„;ii.i•,n-:.m,,i.*i1.::i,,0ii,•,i...,,A:::.oi"0;,:.f:•,:„:...••:ig:,,l.i,•:.,:g..ii.:0•.,,..,..i:,,,,.::m:$.:.::.:;:.:.:,:f..i,.e:,,.'.i.::;,v.'.,„,,•:::A,•,P:,:,,•m4,,;:,i<:,:,i„:•„.,,P,:•,,i,::,,0,..:.!,::::,.4::,,„.:,..:$g,:-,:.••:•,,C;:..-a.,..•.:.*i..,...•.....i...::,,...:.,:.:..f.,:::i..,:i.:A••.%i,.•.:..•.•-...-.,4,:.,•::,.t?,4:::....,,..,:.h:N..,:.-1..-,:a:,.•,.,M,.•:.•.•:•,..,,::..,.>::,:.:.?:.,,..:,..,:,...„:.,::::,.:A,,.,Y..'*:.,„,„.',.::1,..,$.,.:-:..,.,2..:•,..,..1•,,:,g.?:,...•,0,.*,.,.,,...f.,,•,.,..,.i,:.,,,:,.i„:,•.,:i>.a.1:*r:.,,m,..'...,K1:-.•..,..,:.,:,m.t•r,,.::••.i:,'.ii..:i4iii:4v:,g,,.a1.:,.,:;g...,.7•g,.,:?:m..0)„4•.o...•0.•4..•:,•:,•.:ii•m....:,•,4,;,1,m•.,(4i3O..•,.:•:1,:,-,14•:i,g.,.01,.,',,:•?eM<.ft:,.,,,.,:.,.-..:,„K..•..0Pg,,,;..i:.:,Ai.:,.m:..•-::,..„:r,:.,,:.l•::::i:,M,,o:W,,,.:,••,:i,.,fi•.t,.,•,:.,•::..:i,i:,:,i.,:v::,:*A.•,,,•::,.:::.?:c:i,....,,ii0:,,fi.:..:,,g,ii,,,,::.:,::,M?,,.::§*.&,:,.,,-:,:i:,,,?.:,,•.,,:.,!.•',..n.m....:..:.,.l:.::i:::,.:i:.:.:,::,,.i.?i:..:ii1/4.,'::.P:..,..:,„:..,M,.:.,:,,:..••?i,.?,.•i,,.:....,?,..?:.:.,.,.0:i:,.::.,.„::,:i:i..:.i:,::,,:,§i:,,:.1At:,,,:::•:.t5,•„.:..1,:.iO4,.•:•.:i:2:,,,.,i..,.i:,..:..•,.:i,:,'0,.,:.:,,...:•,i4,:,:,.:.,,,,-i.•,,,,.:.i.:a.f.,.3:,ft,gm,,,;,iw,a..,..,?..:•,.,..?::j,0i,,.:3:I,-mii5.i,r,,ii,:.::,;,§V.::.::,,,*.1f..:,.:,...§•:a.,i,,,,•.ii,,,,N.:i.:m:,:i,,.,,.,,g.,:i:..,...,i,,,.:,l,:f•5,.,,..:...0:K,.:.n:.,§::.?,:,.-:.:;::,.:,::-..A:0k,:.,:.,•*.::::.4:::.•:„,i:,.-::,4.I:..•!.g.•,.,:•,:,, MA ..,•i>0.:.4i,4:,i••../i..i..Q,i.'.:;.i:•.g3„:,•i,..:A,:•-I.:;,i•?,.,..I.t,:,;0,,..•,,,m.R.k.,.i1,'..:...i..s:.'4.?i...0.A-,,.•: ,,,.,i:.:,:wi,::4:1i,:,r4„::.....:i,:.i,,;.•v,..',,,/,,.:,.?1...,..,r,,,,;;,..,,.:•.",..•?••i,e,...*.:.:..i0.,-„,,i.,..,,,4ff...0..,•-:.;.o'•:,,,i:t:i;,:.i:..,:,:..W..,...-,.:,'4,„,>,:,,,.., ...,.„,•%:p,,::,A.,,v1tv::,:„!.'-z,g.,i,,.i;,wi,•,.,..-.:f.,:;,.o..,„4..,,%,.,,....,.,i,•-m:•:,•„<...0,,,4f%.,i,,',.7,.;;,..,;f?..,I.„:,e;i.,:,,,,o.;t.fi,,,,,,,5.,ix•,§,,gy.,,',„5* e0...,j,,.f.,-,-.•,.,-,,,f-/,;•::.,..,:,:.s:i.::•.."A•'.,,.,4;..s••,c::•i,,•..-.-n,.;i.-•A:.,.?,t...>!.,*-,,•.0,..::,,,:ii.,,,-,,,,.,,s',„:sp.,•,'m1,.,..%•,.0,.,K.•...;.,,:.0.:,t:-::.,,a•r,,...:.:,::.::0,:,f,::,,:.?•:i...f.i,.:.,.,4!•,,.:',::,:,.,.•7•,',:,::.,::•:,••,•:;,••,,•M,',,;..i.:•,,:,,:,::••%•.:.:,•••.,",•.:•:,...•,p,F,,,,.-k...0,,,....:.z,•„'v.:$,;.:„,::•,:i,f,-:,ii:,..,:,-,,-.%.y,:,,E,‹,,,.-...a•.•;,.i...,•..:..,,,::N,*r,.,V,.,..,,,'•,.,:,,,..;:•ti,;:.•,',:...%,:,:.,:..:,m,•4,i,:5,:,,,.„•?f:,::4I:,•,:,•,:,':,,.•,:;.,,.A-•,.,..4,.:.,,4:':,,•,,•.-.,.",,;,.•::p:.,i,..•••:,*,••::,,•.•,'i:-:.,,K;,.•,:.•',,',o-';•::1'r,,A:,,:,,,,:,,<:,,i,,z,:.4,:,,,•..,,,,-u-.,.:,•„.-:z.:,:,,,:,•ig•••9,:••,.p:,:,,.-,?,:4,..,..:.,,.,,,4,4:,...,,,5,,,,,,,,,:.,,:,,/,,:w,&:,,v,k,,i-,tx,v,,.4....,,.,*.,.v:.,:,.,,wv,a:,,,:.•rN,..o:,..:,:,,,„Kg,Ai:"i,3,•4,,,czI.„w.,.W•0?.-,,,..m444,,,,;,,44,n.,,o,,..,,,,Wo,,,xw4„..,.,..,„.,.,•,,f'..4,,...,:0$,7, , v , , 0i 0Itt, ,U,,-_0,-,,.,.0..*•.,.,_,,.,5.,,„..,,,,5',,„.,,:,,.,,,:•0z'..:,,:'5.,..,V taia0 „ ,4 ..,;,„.„,...,,.:,,”,,...:,:-..•.•.:-.o.,.',.',,v.,2„,,,:s..,1%,,N,•,.,0•,.A,•,1,„•..,,,,.•..w..,,,.,:,0.4,;.,,„:.:..,.,.;;,.,. .,....,,,.,::..:. ...:..:.:: : .• ••,,,,,..,..w.g,.:0,,,9;,•:,-;,_,.,::.<0;•.zi-i.,;..,,,w,t--,••,,,,,„•..,:•,,,,,,,,,,,A,•::.,,.,,;,,,,,-..-,.._,:•.,,,,,*:;,,,i0:40,,,o,•,:,00•:-4.1 ,,,,,,,,,,:*•:::::::i::::::,::m.x..,,,,.:::, ::•.,,:::..-„,,,,-;....,••••••.-..:;::.:?;.:::,:•:•::.::w:-:i-•sl,••::::,:••:-k,,•,..„:::,,,g:*i:;,•:;.*:::.:m::,."<,52:::.::i,<o::::••:.::.*:::.:i::.r:::i*:.:•:,::,,:::,•;:::i::*::::::;:.*.::,•,:•:::xsiv:.::Km•;:..4:,„*x,.a,,,op,,,,,:i,••.,,,,,•-;::.:x,<•K,s:,,•-".,,,r,,s,•:,.,•o.w.;::.g,-a:ez.::0,7, •-...,•-: , ..,-,::::?,,,,,,..,,,,..,...,:i,.,:.,,,,K.,,,,,i.:,•:•.,,,..:::::::::,::,:;::...,,,,,,....,,,,,,,i,,,,N...,,,,,,,,,,:::::,.....,.:::,,,,,,,,,::::::::,.,..:::,::::.,.:3:::::•.:::::::,,,,,,,,,•*::::::,,,,,,,,,,,,,,,,,,:::::::•:•..::•,,,,,,,,,,,40-,,,,,,,,.....,,,,,, ,,,,,,,,,44,-........-.,..4.,,,,,,,,,,..,,,,,,•:,,....,,,,,,,•,,,,•,....,,.,,,,,e 4: ••:•:,,,,,,,,,..../..::::::::,,,,,::::::,,,,,,,,,,,•::*;:i:',•,:,:.i.•:•:::?::::04;x.,..b8A.,,g:ie:::.:;::::,:,;:K:i;:,::::*i:,:*:,:,::f::i:::*,2::..::i:,4:,:::4,:i::;?.i..,::::.::,:f,:,:::,:;:,:,::;,,W,,,,,K,V::::;0:,/O•.•A;,:,,.••':e4:,:t:,;4f4.::',/4r,•.W,',•..,,'j:., ,:cp.,:if,,,o,>,,,,,,,:•,47.,../A,..ti.....",'...,,,,,,,,,,,,.;,..,v, i *..-".7,1••4,,,,:*:::•:::::::i::.,:::::.'.:::,c2i:::::::?..::::.,,,,,i,:',Kiid:K:(4:X•,..::.::.*:::::i:,.,;:.:::i3O;v0;:;i::,,,,,,,,,Ail*:;:,:?;.::.,,,:iti,:,...1?,,M,0,,,.::,,,,,,,,?..,:i..,..:,,,,,....,,,,, ,...04,,4r1.,”,.••r ,,..-,,,,,,,,,„•.•:::.15., .,:::;.,...:;,'•::,,,,.'.....:1;•,;.;':::?:::..,Z.....;::.;.:;;'.:;:;.;,;:::,;:;:::::;::•„.•;:::::;:;::4;;'.0.1.•.,„,:',....A7,•:::..7...;.';'.:;•:.0:?<*g:K.•;5•.:::,....,'VK.:..............,::::;•::::.$:"...:,:,•••,:s.:...:•:•:-:.::•::....:;Z:•.••,,,:,,,:-:..,,,".....:•:.:". •,•....:.X.:•:;;;K:•,1(.;,...i,::::V•i•,/,‘4,*•::$5::?•;;,1,,W,?s,••'••••V••,,,i.v),::*. •..,,, ,,,4: A.,,,,••,'V,....0, .?....,.::,•••••.•:•:'•'-''''......:',,,:••••:'••••,"......”.•••••••••••':•••,,:::::•,,••:,;::::•:.•:wf.:,>c'W;:w:.4.::::::•t,::;::,:i:::,X:,:,:::*,.f.,:x,..,*:,*1:::;:,.,:K.,i::;.;:::.:::,,,e:::::•.*.x.:;.%:i:::m::•:,,:o.::::::,:::;:,.:f:,.;,:A:;:;,i:;:;:;,•;:,::;:•:r.,,,,,,:•gx:.:A.,.e...•;e.,.;,,,,.,.,•,,...,4,....:,,,,,,,,,.....:.,...........,.: 3 ','..:::?:•••,%:,,,:.:••.:;:i:::::,:k;:iii':',,,,L.::S.,:;.:::.:*%•4:*•,:••••::%,?.•,•••:•*.:f.f,,,,,:i:::*:::.::::>:,,i,,,,:ni:?.?•:,*,•:::40.0,*,,,,,,::;F:::=:...•••*K•':igi,...,::.::::1:,,i,,i'•::%:*,::•:::::i:::::::'.::,:*:,•:••::Ai:M.,.;?::::4,a,::::,,,,.:•::::.•;<?:::,4,:.::,,,i,,,vg..,i::',,,,•••;d.:::,,,,.',V.,', ,,:,..":.04..t.10...., ,:,..44,,,..::•::,:•.:•. r ...:'',':',::::&':•',W*10;''''Og....i,'W.4i:',"240.,:g.:::,...f;:•;....,:?..ii::i1":%.,.:;.:;.%:,•,>: :::::•,%V.,::::Ai:,•::;,.,iii.,:',:.::.if?..bli,.%:::;•:.ilii::::1,,,.i'.:iiiiii;.*:*4:01•::•:,i•::i.:.::'$.i:•„§.:::::::::<::i.,,iii.a,c1:.:4Y..ftge..M.S.,.V:::::ii>.iii:.,,,,,r?..:.,:.<$.M7:74,94:1,f.:4,'....,.,'-'...,.„...,,,%,,,,,,,,,,.4A,'.:.,...,•*,....,,;;;.*.".r;?...§2'4.: "..'":1VI':,...4:•"...4.:•,'" :,?::;":‘''''''.4:•:;."',1 •.*::...:':'::•.::'•:"•'.04•1,:„.,1?,.M4.04:4.':'*.'";:*•%::.5.•4•,,,,V.St.:1.0:::.•A:::::%g.:::;?4:'•K,'..:R004::).1..,‘,.'4i:14'.ii..'.4.1:: ,''.4};'; :.;..Z,I.,1.0.•:.'..!...:.N.;,%:,1:',%'•,,::,A,',:•:,:k.._„VIN,.:V•Ia0.,,>•1...U.k. ..-.',4,4:11,'''•':•:•:*•:.....:,".W.'........,•;:i.iA.::;•..:'.1i.:P....:,::•';'06.,j0:1,1'....,.''4•LitOfig,'• t,:,k17,..,,k4,R.,..(?,?::%;00Mi:•'•;.1::e•::i3.:::1'litWeg:'',V:M••'::••4•":41.4.05.g:1.5,:0:W.A::•40igij.,,,,O.W.:•••::.,-.'..;.:::..,:%"•1.07q,,,,%V,,0,,...,...PiAgadie. •"•"••‘.--• ••••,%,•,:.4:::::r:::::;:f:::,,,,,4,,,,,,:::ic,::*,:::••••••••:,•:,.....,::•:,:::::.:§0,%,,,,,A.,,,,:•::,?•::,:W.IKii,'...;:a::.:•:iiiiii?:•AM,...1":;,•:::,:r.::,.:::',:,:,••• ..i..,::„;•::,:,.;:,;::.i.;:,,,,...,:,,..,„:,,,,,,,,a.7::::.,:...,Z1. ,:,:•.:?:.W,,.`,.?,,Z.Oi.W,,,:•,.••,.,.....&:',..,..'::.::,,,,,,,;,•••••;',T;••••...,,;.,•,",1;,,,,,,,•:X:::e.M ). 0 ::'''''''''''''''''''''.--..•:•:'''Wil;.14.1:••4.....:4'<cli'M''''‘)::i::::::*e•i'la'.4.'?.:;:: 2?.?":,?.:i.'..;:i':ig11::;i,.A::::.:;:tk.::;.;',,',.'.18.'i.:M::•:::•:::?,:40.1.:`•g. ..•‘:.::.•.' ••••:?.. ..;:::;*:::44f:MR:iit'.?•4.,1;,:•:40";titg'f'''....':,:i?':',.;:::•:,,,Y‘,4•.....4.:A.‘.: I1 .:'a':,„C"•'•c„*:''ki:V:g001lt:4n.:•A:.::,g::1.:‘..:,,..::.r:.,f,:1.a:t.,.*!:n:1•:;:fN:1§:,:I'1..4tl1:.t,::i••:*,a',;•::•:'•:•::.•:.;:'%.:Ii:1'l:K,R'ii'..:i..1i*':;l.i1k::::14.?,,Ic%l.,,'Z1•:.,:'i*':eit.4ai'",.'i:,k4'g,0.*1.'f'i.i*f.'b:l':.1,::',:k:..:;:*i'n..1:i.:.:,:i:::ii'5:::0:.:::1i::t*ii'1',.::.;*:%:::,:':.1;i:i.Mr:':Xg::,:d4::;i.:i:';:i:.'5O',1::,f3i:M:i..::it....:::i:.::1,:::tiM:,:A:iM:.:,:!4',i:i:,,i":•O.,:,i.•,il:A.:'.a.::,,l•:...::,:i,.::ig.i:*iii...hg.':.:.:..:.,,.‘.g.::::f.,:.::.:,,,'•••,:,,>,•:.,,,,:1,:e,,.:.:0:§.::g•:•,.,ii,:'N,',s..:‘40';,,i..1..:iV:,,:.,.:•:•.':i,!,,,ii:'ft::i:,g::',,*:i::::::,;:.:i::.i..:i1`::W::A:::::,1:.P:.::::'.,g?:::::A','.:..;.::.1.,:g.:..;i:,:.'•:,,.:':,V:.:,fi..,::i',:,lii:f.0;i*.i•:iKi::i,:iii.i:n*i..*:.eK$1:.i:t:..:1:::::R:,,..::i,.4:;i::,:•....::::::::.•:•:,1:::i::::1•:•:V:::i::,:::.4,:.;.::•:.:Zi::i:*:::i,I:M1i.:?::.i,:•i:::.:i:::•i•::.•ii•:::i1*4::::,1.:.::::.:.::::.,::Z,:;:::t:.:.i,•..,.::.:,a1::.'::::,:;::.,:QT:§1:.a::,•Z,:..:::,,4::".::::.•::a.:.::;::.:::;*::::::.:,::::i:t.;::$:...1.;,A'.:::••,,...::::..:...::W.,i:i,:::..::.:i.:.,.,.i::':::.r::::.*KL::,:::i:::4:K:.:,:i::R::,::A.K::,*i::::,:iii:::i.*i.::.::.,.0:i:xK:.e':.tk,i:::eR%.:.a,e,1:,W6,l:.,ig',t,f:,:,,::it:,,e:A?ls:,::•:,0r,:;.i::i1i!iii,Iiilli,gii'oNitg;4.:,::i:::,t:::ii:.i:w1,a*ii*Ei;:,,:fl:.ii1i,Kv0g:e:'t•:.i.§i:'i*:'l::‘:.:;,:i'?,:K.i:i,.:::Nii0::5i:,::::,:••:l:;g':i,4:iK•::l..::.ei:ii.:iq..::§:i,"44i•t.::A:i:,:0:*,:.::*k::.ii::.,:44:.;V*::.:l::i:.*,:i1:4§;,:i,,,ii..:::•,mi,:gi.,::i1g1..,:i*:5:;:ii:.:::,::k:.':iA0::,i:K:::14:::l..:.1:.P?::t.i.i,::lfi.::::Ai:::.:W:::..i$:•;,ii•,:ii.:*ip1::%::.i.:::.a,:.:•:t-.:.i•§:?:•:;:i'.::§kV•i,...'..4•...9g•••:..:.•@•:.:...:,.?:.,..iP.,,:.!.9i,..,,..W..:.•......:...A...•.:;.!..'••:...1.l:••.1.i•,..;i•••.:,i•...:ii..„,i,.::,f...;.,,•;g.'Q..0;,...',.'..i.1•,,A,.:,.:..4:.::.:::.i,,...,::,..?..::"0::g:,.iA:::,:::,•;i.••'?4%•;:•.,)i!`::g.‘:0:4i;':HO,,:(,*i,j,,,W.,A:t?k:„?a,;O,:;..,•,:'.i,,i%,,:,..,iW*,.:4i.ii*i:i:,,gi:*,ii,:i,i,,,::,,::.:l.,,::::..,:*::.,,iT:..,:,,'e::...•i.,.0:i•4..Ki:.-g:.k,:i(%',f::.•:K'ia;..'i:T,.i'ii*:'0,e,::.OW;:',i:i,:i:i:,:::*',;5::.,f:::,..1,1^:::i.4;:?1.is:.2i:iff*i,i1n::V,.':,,;:ei,:,§1::.,,:,,,:',,:",,i:),;,:,1,•R:*.i.1giW::1,*:,::Iz:i:1:*::g1•i:,:i,:::.§i,i::1::,iii*:i,iif:i,::::li§::;:i1!:::*.:::,iV:•:,i,.::.i,,:,.*::.t,1...:.1,,:*M.,:.,:1,?::,:?1:O..:,,...:...,!,:..:*:.4::*j-:,.::.....:.i::,::,.::,:i:.Y,....:'::.:;::,:,::.:.A,'.,..,::..S.,,.:.;....,,I.l.,.,,...,:,,..,;:,,•:•l,,:i:,:•,,•.i,:?.,:t.i.'•:t.:.,,.;:.'.,..::;..,:::::...;,,....:::,i,.:.-:.i„....:1:.:,::':::,..:•:•%•1.......,.,:'*g.•,.i.,:;:.',::.,•:i...:i:.,.:,:.:.;:.:,:::..1....-.....1...:.......,:....'•..:•,,;.:U•:0:•;..:..,:g.:,„'..:.,,•,..•,:.:,..,I,N•%5M.,.•..e:,,,,,;,,,;,i,...P1,..,g,,,l.,.,.,.;,:.;.,.<0,?..S0,.,a,:..V:1,,•:5,:.::0.,,,',,9:,,.,.,4t,,:,.?V.,,i,,V..3,2ioM..,ce%..•:..k'..'..*.,ii...*..rt,geVft•t.,:`..>...:.i.:,.':..:.`,1,:1.A,1.,.:4;:,:i:.:.0.1:.,:i:5,::,;,..•cVi..4ii..4.:":,i:.$0:,.,:ki<•W:r4•.*t,:,,:*.',4:,fr,t:;:::I:.;t,,kV.i;?.0,::,:%,:A4:;.,iifi2i'':i::.:.:N..!,:ft,'ft:,.f.:,6::',3:.V•::,:.,,.i.•!.::..l.;..:..:,:.;::.•.%?g::•...M..,:,,...,,:,,..;•:,*.,..,,••.:..:.,,,:ii.:*:.ii. :.. :. ......."*.'<M,,".::.:•%§.::$6WROM.g,','..:'..0.14:.::":::§WRi'!:i'i'%::::ZT:.ii'Maii:ifigf.:•::•:•:;:iiiii*saMliiiiliglaiini...iiM,:lilil;:.i.:i':::i0:: ::.:•....-.;.- .::::.:.........,...:L'..,...,.::.;,*(.:::::,.....:....:;.,.,,..,...:47.,,,,...:.:,„...,..r.Nre,..:,,,,.:;,, ...,,,.s>x,.....4.,v....:.:.:.:.:....:..........:.:...:.:.:......:.:,.:.,:....:.:.:....:.,.:.:.,::,,:..:::.y..v,,..,x..,.,x,..N.,:.:.,:..,,..:t:,,,,:,,,:•::::,:.:..,:::,,,,,:::::,::::::,.%'..:...:::::::............:,:::...,...:::::.V.I.,,,,,,,:'....,,,,,,,..,..,,,,,::: ..-.;1,.....,..,,,,,,,:if:::::::.:::::.:iiiiiiii, .1 ;,5,,::•..,,,,c,:.:::*:i...,..,:,?;!:',:t,..,::::....:!,::::::&.:::.....:-..:::.•:.,.,::::::, • ....,.....44.,.,:::Si..Z.M,,....,::::.*A:.,....i.',..,.]..... [ ..•:,::,::,,,,•,,i,i,:...iiiiiiii:.;i:,:::i:i,iiiiii*:,??....,:iii.,..:g:::.*:.....::.*...,K::::,..:::..:::::,...,.,.....:,..,,,,,.:,,,,,,:,..:.:',:,,,:zi:ioe.,,,,:wio:*::::...,..,,,,..•'..:.:,:?.:.::.....f.:4.,......,....-::::::..::::::,...,i'4::w.........3i,,;,,,,,,,,,X,,,,#,I,,j1.:;A:••1,.W.,:•:•;::::::is. •....,........x........,.....,,,,,,,,,,,,.........,,,,:::..::.....:::,,,,,,,,,,,,,,,,,,,,,,.....„::::.,,,.......x.:.:..... ...c. ...................:.„:„......,..,..„........,:,...,. .,,...,,.._......,....i.:,...„......, ,.............„:„.::::....:.:::....... ...'''''440.5iVS.O.,:nrieltinfg::IngiiritatiligiaigliP.1::1::::4,iffilikitth.:...:7,ft:61:::4'r.7.7.7:1::,';':::::R•jr:t;;:tri;:,i,.vis:.:::.:,.... ,:i*ii::::,<.::;i:::.:K:::::::::.:::::::',..::ii:iiii::::::::::iii::::.,::: ::::.:ii::::::::giiiiii:1:(4**.ii:Oii'li§:Xi:a:WW:04:.?.. .iiiiiii:.,Pii,i,iliii;:,...13.:.:-.•::''''.:.''''..........•:••••.::::''.::::,0.44.i..;:l:';':.;,' ....4, 4?:'.:1.:::?:4:Siiiiii •'''''''''::::Riitiiiii::::S.Manggialf.'.iiiip:,ili.!fillii:A:::::Mi::,ffiiiii.:.::::.::iit:iiiiii:B.;.,Irtiiik::::i.gii:•::::,'.•4••••.•::„.•••?!1:f:.:gip:.:.•-.•...................,,irAr4 %.:'•:::4:::.;':iiiii11111211f1I1,11111.110.11111iiitealitittV1(...,.,..:.•.*:„4„pe,.=i,V.i.:U.:::::.•...„ .7•'::'44010:01:1•Cii811.01111ginittiglattg§0„kallt14•Slliplegt4tS0i .-':',::,4::::?::?:::,i,Mil:i::::.:0::A.::.::iiii:.ii.i;ii.i:;i:':&:::::::•::q.::iii::::Iii.:::..,'.?:',,.***.'tf:,0&,...,,,,,,Z.15<,.?:ah.*,?0,,,•:,PAPP.Wat.W..fi:,;:.. .. ] • 4. 1.1 1, .• w f.) on Street Phoenix, • c 85007 Lle8a2uvveeosft AwrasizohninatCities &Towns . Arizona . i TABLE OF CONTENTS INTRODUCTION i SECTION I - CAN YOU LEGALLY ANNEX THE PROPERTY? 1 SECTION II -THE ANNEXATION PROCESS 4 Steps in the Annexation Process 4 Time Period to Obtain Required Signatures 5 Suggestions for Obtaining a List of Property Owners 5 Suggestions for Obtaining Approval to Annex State Land 6 Inspection of Petitions6 Zoning After Annexation 6 SECTION III - GETTING THE SIGNATURES 8 Eligible Signatures 8 Tax Exempt Property 9 Conditional Signatures 10 Withdrawal of Signature 10 Review and Tabulation of Signatures10 SECTION IV - COUNCIL ACTION 12 Protest or Contest 13 SECTION V - AFTER THE ANNEXATION 15 Transmittal of Annexation Ordinance 15 Effect of Annexation 15 Report Annexations for Expenditure Limitation Adjustments15 State Shared Revenues 16 SECTION VI - DEANNEXATION 17 Status of Deannexed Land for Taxation Purposes 18 APPENDIX A - ANNEXATION TIME-LINE A-1 APPENDIX B - STATE LAW PROVISIONS ON ANNEXATION 6-1 APPENDIX C - MODEL ANNEXATION PETITION C-1 APPENDIX D - MODEL AFFIDAVIT REGARDING ANNEXATION D-1 APPENDIX D -A MODEL ANNEXATION ORDINANCE E-1 APPENDIX E -ANNEXATION MAP DISTRIBUTION F-1 FOOTNOTES G-1 FOREWORD This manual has been prepared for the use of Arizona's local government officials involved in the annexation process. The publication is designed to provide a step-by-step guide to the annexation of land by a municipality as well as to set forth the statutory requirements and applicable court decisions on the subject. This manual replaces the 1988 and the 1997 editions and reflects recent court cases and additional requirements for conducting annexations as adopted by the Legislature. As always, we recommend consultation with your city or town attorney before proceeding with an annexation. The information contained in this booklet will, we hope, make it a useful reference document. Any comments, suggestions or criticisms regarding the content of this publication will be appreciated. attorney should be involved throughout every phase of annexation from the planning p stage to the completion of the annexation. This manual is in no way a substitute for such essential consultation with your local city or town attorney. INTRODUCTION Annexation is theprocess bywhich a city or town may assume jurisdiction over unincorporated territoryadjacent to its boundaries. As such, annexation represents a serious step in the overall � growth of a city or town. In Arizona, annexation requires the consent of the owners of at least one-half of the value of the real and personal property and more than one-half of the property owners in the territory to be annexed as shown by the last assessment. In addition, the consent and action of the city or town council are required. Cities and towns have taken different approaches to annexation. Some wait until residents of an area request annexation before becoming involved, while other cities and towns have developed an annexation policy to provide for balanced growth in conformance with city or town standards. No matter which approach is taken, there are certain procedural requirements set forth in the state law. The purpose of this manual is to provide a step-by-step review of those requirements which must be followed by a city or town in annexation proceedings. There are many pro and con arguments which have been advanced regarding annexations. The basic arguments for annexation are that residents receive the benefits of a higher level of municipal services and that development is subject to municipal building codes, subdivision requirements and zoningordinances. Additionally, residents of the annexed area are permitted q a voice in community affairs that affect them. Local officials should also be aware of some of the common arguments against annexation. Opponents of annexation contend that those residents outside the city or town limits chose to build and live there to avoid taxes and services they do not want and, perhaps, to enjoy certain rural amenities. In addition, some opponents of annexation feel that the very act of bringing fringe areas into an established city or town will hasten the growth of such areas. In anyannexation decision, the practical consequences and costs of providing services to the area to be annexed must be considered. A plan, policy or procedure is required by law to be in place that demonstrates how services and infrastructure are to be provided to anticipated development within the annexed area in the next ten years. In addition to these specific plans, policiesor procedures,rocedures, some cities and towns are adopting a general annexation policy that serves as ag uide to staff and to residents in unincorporated areas contiguous to the city or town. This type of policy could be adopted following a study of the various factors involved in annexation. While the annexation of territory may certainly mean additional state shared revenue, the additional revenue to be gained must be considered in light of the necessary expenditures to provide services to the annexed area. i Section I CAN YOU LEGALLY ANNEX THE PROPERTY? Annexation proceedings are usually initiated either by the city or town government or by a group of interested citizens residing immediately outside the corporate limits. As discussed in the introduction, there are a number of motivating forces behind annexation drives, but the initial consideration by the municipality should be careful review of the desirability of annexing the proposed territory. The time to consider any problem which might result from annexing an area is at the very beginning of the annexation procedure. Once the desirability of annexing a particular area has been considered, it should be ascertained whether the proposed area meets the legal requirements which govern the characteristics of the territory which may be annexed. These legal requirements as interpreted by the courts are as follows: CONTIGUITY, SIZE AND SHAPE Arizona law requires that the territory to be annexed shall adjoin the boundary of the annexing city or town for at least 300 feet. This provision does not apply if the territory considered for annexation is surrounded by the annexing city on at least three sides.1 The size and shape of the parcel to be annexed must be a minimum of 200 feet in width at all points, exclusive of rights-of-way and roadways. The length of the parcel is measured from where the territory adjoins the annexing city or town to the furthest point of the parcel and cannot be more than twice the maximum width of the annexed territory. These length and width requirements do not apply if the territory considered for annexation is surrounded by the annexing city on at least three sides.2 Also, if a series of annexations is under consideration, each annexation must independently meet the length and width requirements described above. In other words, a series of annexations in combination with each other cannot be used to satisfy the length and width requirements. Each annexed parcel must individually have a length that is no more than twice the width pursuant to Attorney General Opinion, 87-160. The courts have ruled that these requirements; contiguity, size and shape, must be strictly complied with.3 UNINCORPORATED AREA A city or town may annex only unincorporated territory. It may not annex another incorporated city or town nor may it annex any territory lying within the boundaries of another incorporated city or town.4 The fact that a city may be furnishing services outside its corporate limits to an unincorporated area will not preclude another city from annexing such territory. CREATING COUNTY ISLANDS A city or town may not annex territory if, as a result of the annexation, unincorporated territory is completely surrounded by the annexing city or town.5 In other words, an annexation cannot result in the creation of a county island. However, if a county island exists, a city or town is not obligated to annex the entire island if it wishes to annex a portion of the territory and is exempt from the size, shape and contiguity provisions of A.R.S. §9-471(H) as long as the territory is surrounded on at least three sides by the annexing city.6 1 NUMBER OF TRACTS TO BE ANNEXED It appears that a municipality in Arizona may annex two or more separate areas contiguous to the municipality with one annexation ordinance if the owners of at least one-half of the assessed p Y value of the real and personal property and more than one-half of all the property owners in each area have petitioned for annexation. In most cases, areas annexed individually are less likely to be contested, and the use of separate ordinances appears advisable. In a case where two tracts which had been annexed under one ordinance went to an Arizona court, the legality of annexing two tracts with one ordinance was not questioned. However, the court did confirm that the tracts must both be contiguous to the annexing municipality. In other words, the fact that one tract was contiguous to the annexing municipality did not constitute contiguity for both tracts.8 If one ordinance is used to annex multiple territories, it is advisable to use a separate petition for each parcel.9 CROSSING COUNTY BOUNDARIES In some instances, the annexation for a city or town crosses the county boundary. The statutes provide that "any incorporated city or town may annex territory in an adjacent county pursuant to the provisions of A.R.S. §9471b0 COUNTY RIGHTS-OF-WAY A county right-of-way ht-of-way adjacent to a city or town with no taxable real property may be annexed to the city or town by mutual consent of the applicable county board of supervisors and city or town council. For this to occur, the right-of way must be adjacent to the city or town for the entire length of the annexation and each of the governing bodies are required to approve the proposed annexation as a published agenda item at a regular public meeting of each governing body. No petitions or public hearings are required for such an annexation. STATE LANDS Approval of the state land commissioner and state lands selection board is required for any state lands included in an annexation, except for state land utilized as state right-of-way or state land held by tax deed.11 This approval must be filed at the time the blank petition and map are filed with the county recorder to initiate the annexation process. Therefore, this approval must be obtained in order to initiate an annexation which includes state land. For further information on annexing state land, please see page 6. FEDERAL LANDS Annexation of federal lands (i.e. Forest Service lands, Bureau of Land Management lands, etc.) does not require approval by the federal agency. Also, these properties are not counted as parcels in the annexation because of their tax exempt status. For further information on annexing lands held by tax exempt entities, see page 9. We do recommend that if a local office administers land included in a proposed annexation, that contact should be made with that local office to apprise them of the desired annexation. TERRITORY SUBJECT TO EARLIER FILING The city or town must determine that the territory to be annexed is not subject to an earlier filing for annexation. To verify this determination, a sworn affidavit by the city or town must be filed with the county recorder at the time of the initial filing of the blank petition. A sample affidavit can be found in Appendix D. 2 Section II THE ANNEXATION PROCESS Either prior to the official annexation process begins or during the preliminary stages of the process a plan, policy or procedure needs to be developed that demonstrates how services and infrastructure are to be provided to anticipated development within the annexed area in the next ten years.12 Once the decision has been made to proceed with annexation of a given area, annexation petitions must be prepared. The petitions are usually printed by the city or town. State law prescribes several requirements governing the form of petitions. First, the territory to be annexed must be accurately and completely described on the petition. This means that a complete description of the exterior boundaries of the area proposed to be annexed must be on the petitions. In addition, an accurate map of the territory to be annexed, including all county rights-of-way and roadways with no taxable value within or contiguous to the exterior boundaries of the area of the proposed annexation, must be attached to each petition. Most cities and towns place this map on the back of their petitions, since this arrangement avoids confusion by limiting the petition to one page. A sample petition is included in Appendix C. The territory to be annexed must be drawn very carefully - the area cannot be altered to reduce or increase the territory once the petition is signed.13 Although the state law states that no alterations increasing or reducing the territory sought to be annexed shall be made after a petition has been signed by a property owner, and thus implies that alterations may be made after the blank petition has been filed in the office of the county recorder and before a signature is obtained, it is our opinion that if an alteration is needed the safest approach is to start the process over again beginning with the filing of the annexation petition and map with the county recorder. We feel it is important to begin again if changes are made because the petition and annexation map, as well as notices, must be consistent throughout the process. Immediately upon determining the area to be annexed, a request should be sent to the county assessor and the Department of Revenue for a list of the real and personal property owners in the area to be annexed. These agencies are required to furnish this information to you within thirty days, however, some cities and towns have found that this process takes considerably longer, and it has been recommended that sixty days be allowed. This request must be made prior to beginning the petition process in order to meet the notice requirements outlined below.14 As a special note on the annexation process, the Arizona Supreme Court has upheld the constitutionality of the petition process for annexation.15 The petition process was upheld against a challenge that this method violated the equal protection clause of the United States and Arizona Constitutions. STEPS IN THE ANNEXATION PROCESS (See Appendix A for a time-line) Once the petitions are prepared, a blank copy must be filed with the county recorder including the map and description of the territory to be annexed. In addition, a sworn affidavit verifying that the territory is not subject to an earlier filing must also be filed at this time. A sample affidavit can be found in Appendix D. Notice and copies of the filing also need to be sent to the clerk of the board of supervisors and the county assessor. If state land is included in the area which is to be annexed, written approval of the state land commissioner and the state land selection board must also be filed at this time.16 The state land selection board does not meet 3 on a regular basis, and we suggest contacting the state land commissioner's office concerning the scheduling of their next meeting if state lands are involved in the annexation. For further information on obtaining such approval for annexing state land, see page 6. Before petitions may be circulated there is a thirty day waiting period after filing the petition and map with the county recorder. Within the last ten days of the thirty day waiting period, the city or town must hold a public hearing to discuss the annexation proposal. Notice of the hearing must be given as follows: A. Publish notice of the hearing once in a newspaper of general circulation, which is published or circulated in the city or town and the territory proposed to be annexed, at least fifteen days before the end of the thirty day waiting period and at least six days before the hearing. B. Post notice of the hearing in at least three conspicuous places in the territory to be annexed at least six days before the hearing. C. At least six days before the hearing send notice of such hearing by first class mail to every real and personal property owner as identified on the lists obtained from the county assessor and the Department of Revenue in the territory to be annexed. The annexation statute includes as real and personal property mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property. The annexation map must be included with this notice. D. Send notice of the hearing by first class mail at least six days prior to the hearing to the chairman of the board of supervisors of the county in which the territory proposed to be annexed is located.17 Once all notice requirements have been met, including open meeting law requirements, a public hearing must be held within the last ten days of the thirty day waiting period to discuss the annexation proposal. Following the hearing, and after the end of the thirty day waiting period, petitions may be circulated in the area to be annexed. After all signatures have been collected, the original petition containing the signatures must be filed with the county recorder. There is some ambiguity in A.R.S. §9-471 (A) on whether the original of the petition must be filed with the county recorder, however, we suggest you file the petition in this manner to be on the safe side in complying with the procedures for annexation. A copy of the petition must also be filed with the city or town clerk. The final step is the annexation process is to adopt the ordinance. Again, no alteration increasing or reducing the territory sought to be annexed may be made. The ordinance will not become final until thirty days after adoption. (For further information on council action see Section IV). TIME PERIOD TO OBTAIN REQUIRED SIGNATURES The annexation statute provides that completed petitions must be filed with the county recorder within one year after the last day of the thirty day waiting period.18 SUGGESTIONS FOR OBTAINING A LIST OF PROPERTY OWNERS For the purpose of determining the sufficiency of the signatures to be obtained on the petition, the city or town must request documentation on the real and personal property in the area 4 proposed to be annexed from the county assessor and the Department of Revenue. In order to meet the notice requirements for conducting an annexation, this information must be requested well in advance. The county assessor and Department of Revenue have thirty days to furnish this information, however, you should anticipate sixty days for receipt of the information.19 The following procedures should be followed in requesting this information: A. In the case of property assessed by the county assessor, values must be the same as shown by the last assessment of the property and the number of persons owning property shall be as shown on the last assessment of property. The city or town should forward the prepared map of the area and a legal description of the property to be annexed to the county assessor.20 This list must include owners of mobile, modular and manufactured homes if the owner also owns the underlying real property. B. In the case of property valued by the Department of Revenue, principally the utilities in the area to be annexed, values must be appraised by the Department of Revenue in the manner provided by law for municipal assessment purposes. Also, for the purpose of determining the number of persons owning property, if such property is valued by the Department of Revenue, such number shall be as shown by the last valuation. To obtain such information from the Department of Revenue, eight copies of the map of the area to be annexed and its legal description should be forwarded to the Department of Revenue, Property Valuation and Equalization Division, 1600 West Monroe, 8th floor, Phoenix, Arizona 85007.21 SUGGESTIONS FOR OBTAINING APPROVAL TO ANNEX STATE LAND Approval of the state land commissioner and state lands selection board is required for any state lands included in an annexation. This approval must be filed at the time the blank petition and map are filed with the county recorder to initiate the annexation process. Therefore, this approval must be obtained in order to initiate an annexation which includes state land.22 The state land selection board does not meet on a regular basis and there is frequently a six to nine month period between their meetings. We suggest contacting the state land commissioner's office concerning the scheduling of their next meeting. Requests for approval should include a letter from the city/town manager or clerk describing the land proposed to be annexed, zoning and planning information, general plan implications and a copy of the annexation petition and map. It is also suggested that the request address any known public opposition to the proposed annexation of the state land. Requests should be sent to: Office of State Land Commissioner State Land Department 1616 West Adams Phoenix, Arizona 85007 INSPECTION OF PETITIONS A city must allow the inspection of information on an annexation by interested citizens during regular office hours once the blank petition is filed. All information contained in the filings, notices, petitions, tax and property rolls and other matters regarding the annexation must be made available for public inspection.23 ZONING AFTER ANNEXATION 5 Once the annexation ordinance has been adopted, city zoning must be adopted, however, the zoning classification which is adopted cannot permit densities or uses greater than those permitted by the county immediately before annexation. Following this adoption, the property can be rezoned by following the procedures outlined in state law and your zoning ordinance, whichrocedures include a public hearing after the required notice is given.24 A court has ruled p that a rezoning can be initiated before the annexation is final under certain circumstances. However, we recommend that the annexation be final before rezoning actions begin.25 A rezoning ordinance, which changes the zoning classification of the land, may not be passed as an emergency measure. Therefore, any changes to zoning classifications will not be effective for at least thirty days after approval. If a rezoning of land which may change the zoning classification and which is not initiated by the property owner is to be considered, additional notice by first class mail must be sent to each real property owner as shown on the last assessment of property of the area to be rezoned and all property owners within 300 feet of the property to be rezoned.26 Points to Remember: Over the years we have received a number of questions on the validity of signatures and the • Your annexation petition form should be circulation of petition for annexation. The next d to make sure it conforms to annexation section of this manual outlines the legal ments. See model annexation petition, provisions and court cases relating to obtaining ix C. the signatures on an annexation petition. • Requests to the county assessor and partment of Revenue for a list of property will have to be made before the blank petitions in order to meet the notice requirements. • If state land is included in the area to be d, approval of the state land commissioner and to land selection board must be obtained and h the blank petition. • All information associated with the tion such as filings, notices, petitions and tax ust be made available for public inspection regular business hours. • If the area of the proposed annexation is Itered, it is our opinion that the safest approach art the process over again with the filing of the etition and map with the county recorder. 6 Section III GETTING THE SIGNATURES Once the requirement of the public hearing and thirty day waiting period have been met, the petitions may then be circulated among the owners of real and personal property in the area to be annexed. These petitions may be circulated by the interested property owners in the area to be annexed or by other individuals chosen by the annexing city or town. In some cases, the city or town has paid individuals to circulate petitions in the area to be annexed. Although contested, the use of paid circulators has been upheld by Arizona courts. The court ruled "the use of paid city employees to secure the signatures on the petitions is not prohibitedi27 by the annexation statute. Further, petition circulators are not required to be property owners. Regardless of who circulates the annexation petitions, it is advisable to provide some preliminary instruction either at a meeting or through preparation of an information sheet or other device for those circulating the petitions. Although there is no statutory requirement to provide such instruction, the petition circulators may be more successful in obtaining signatures if they have some basic knowledge about the city or town and the effect of annexation on the property owners. In other words, it is good public relations to have the petition circulators possess a reasonable knowledge of why they are asking property owners to sign the petition. Completed petitions must be filed with the county recorder within one year after the last day of the thirty day waiting period.28 ELIGIBLE SIGNATURES Owners of at least one-half of the value of the real or personal property and more than one-half of all property owners in the area proposed for annexation as shown on the last assessment roll must sign the annexation petition. Arizona courts have defined the eligibility of specific types of "owners" as follows:29 Personal Representative Of An Estate The personal representative, executor, administrator or guardian of an estate cannot sign the petition since he or she is not the "owner" of the property. Nor can the personal representative authorize someone else to sign the petition. Therefore, a signature of a personal representative is improperly on the petition and the property and signature cannot be counted.3° Agent An agent who is authorized in some manner by the owner to sign an annexation petition is a qualified signer, and, as a result, the signature for the property owner can be counted.31 It is recommended that if an agent is authorized to sign, the authorization from the owner be put in writing. Commander of Veteran's Organization The commander of a veteran's organization is not authorized to sign an annexation petition as commander of the organization when the constitution of the organization does not give express or implied authority to do so. The property of the organization in this case is not counted.32 Corporation Owners When all the owners of issued and outstanding stock of a corporation sign an annexation petition, their signatures are valid and should be counted.33 This is one method for obtaining a 7 valid signature and the value of the corporation property should be counted. In some instances a plant manager may also sign for the corporation owners. This provision is discussed below. 8 Equitable Owners A purchaser of real property who is in possession of the property can sign the annexation petition, and the value of such property is counted, even though the purchaser has not yet secured a final deed.34 Husband/Wife Either the husband or wife may sign a petition for their community property to be properly counted except when the property is held in joint tenancy. Regarding community property situations, the courts presume that one spouse has the authority to bind the other unless it is shown otherwise. The husband or wife may sign the name of the spouse indicating that the signature is by the husband or wife. However, it is preferable that both the husband and wife sign. When the property is held in joint tenancy, the courts have found that a spouse does not have authority to bind the other and both signatures are required to count the full value of the property.35 Manager A local plant manager may sign a petition. This action can take place without authorization of the board of directors (unless company policy is to the contrary), since consenting to become part of a municipality is not the equivalent of alienating or encumbering the property.36 Owners of Mobile Homes The annexation statute includes as owners of real and personal property owners of mobile, modular and manufactured homes and trailers only if the person also owns the underlying real property.37 Owner Not Shown On Assessment Roll If the assessment rolls show that one person owned a certain piece of property at the time of assessment and property is represented by the signature of another on the annexation petition, this does not establish the invalidity of the signature.38 To challenge the validity of the signature, it must be shown that the signer was not the owner of property or an authorized agent of the owner at the time of signing the petition.39 Veterans or Widows Veterans40 or widows41 are "owners" and authorized to sign an annexation petition notwithstanding the fact that the exemption permitted by the Constitution of Arizona is claimed.42 (See "Tax Exempt Property") TAX EXEMPT PROPERTY Arizona courts have made it clear that there are two types of tax exempt property. One type cannot be taxed under any circumstances and has no legal place on the tax assessment rolls. This type includes property of the United States (i.e. includes Forest Service lands, Bureau of Land Management lands, etc.), the State, a county, a municipality or school district. Such property is not counted in determining the sufficiency of annexation petitions and owners of such property are not eligible to sign such petitions since "it is not to be presumed that the Legislature intended that property which could not bear any of the burdens of annexation should be entitled to be heard on the question".43 It is our opinion that this applies to properties that have been seized by the government as the government is considered to be the legal owner of that property upon taking possession of it.44 9 The other type of tax exempt property may, under some circumstances, be subject to taxation and therefore appear on the tax assessment rolls, For example, an exemption of a widow's or veteran's property must be claimed in order to be effective. Such property is counted in determining the sufficiency of annexation petitions and owners of such property are eligible to sign such petitions since "widows and soldiers (veterans) must be treated as a class in determining their right to sign, and since some of them have only a partial exemption, others none at all, we think they may all sign".45 There is also the question of the tax exempt status of the property of a church, educational or charitable institution. Such properties, as well as inventories, are exempt under the provisions of Article IX, Section 2, of the State Constitution. They must now be exempted by affidavits just as that of widows and veterans. Consequently, if property owned by a church, educational or charitable institution or inventory property is on the tax rolls and taxes are being paid, it appears that it should be included as eligible property on an annexation petition.45 CONDITIONAL SIGNATURES Signatures of owners of real and personal property cannot be qualified or conditioned in any manner on annexation petitions. In the court case responsible for this ruling, owners of the major utilities of the town had signed annexation petitions with the following conditions: "This petition is being signed with the understanding and condition upon the assurance that owners of more than 50% of the property in the above described area, exclusive of property owned by public utilities, have also signed petitions for the annexation of said area.i47 The court ruled that the statute governing annexation does not provide for a conditional petition being presented to the governing body of the city or town by public utilities, private corporations or individual property owners. WITHDRAWAL OF SIGNATURE A property owner who has signed an annexation petition may withdraw his signature from such petition any time prior to five o'clock on the date the petition is actually filed with the county recorder. A signature withdrawn prior to the filing of the signed petitions shall not be counted in determining the legal sufficiency of the petition. To withdraw a petition signature a person may: A. Verify the withdrawal by signing a simple statement of intent to withdraw his name at the office of the city clerk. B. Mail a signed, notarized statement of intent to withdraw his name to the office of the city clerk.48 REVIEW AND TABULATION OF SIGNATURES For the purpose of determining if a sufficient percentage of signatures of persons has been collected, the city or town must request documentation on the real and personal property from the county assessor and Department of Revenue. The city or town should use the following guidelines. For the purpose of determining the sufficiency of the percentage of value of property such values shall be determined as follows: • In the case of property assessed by the county assessor, values shall be the same as shown on the last assessment of the property. 10 • In the case of property valued by the Department of Revenue, values shall be as appraised by the Department of Revenue for municipal assessment purposes. • When property is held by the owners in joint tenancy, all of the signatures of the joint tenants are needed to count the full assessed value of the real and personal property. If one joint tenant signs the petition, only that joint tenant's proportionate undivided interest may be included in determining whether the petition has been signed by the owners of property whose assessed valuation is at least one-half of the valuation of the area sought to be annexed.49 • The value of any property can be counted only once. Therefore, care should be exercised in counting the valuations on a petition, particularly to ensure that two or more signatures do not represent the same property. If two signatures on an annexation petition are for the same property, the valuation represented by one signature if counted twice should be deducted.5° For the purpose of determining the sufficiency of the percentage of persons owning property, the number of persons owning property shall be determined as follows: • In the case of property assessed by the county assessor, the number of persons owning property shall be as shown on the last assessment of the property. • In the case of property valued by the Department of Revenue, the number of persons owning property shall be as shown on the last valuation of the property. • When property is held by owners in joint tenancy, such owners shall be counted together as one owner and each owner can only sign for their proportional share of the property to be counted.51 • If a person owns multiple parcels of property, such owner shall be counted as one owner.52 The Arizona Court of Appeals has determined that the required number of signatures on a petition for annexation is to be based on the assessed value of property (as opposed to its full cash value).53 The tabulation of signatures must be done very carefully to ensure that the correct number of signatures as statutorily required are on the annexation petition. These signatures should be checked against the guidelines above. Once it has been determined that a sufficient number of signatures appears on the petitions the city or town is ready for council action on the annexation. 11 Section IV COUNCIL ACTION When all notice and public hearing requirements have been complied with and an annexation petition has been signed by the required number of property owners in the area to be annexed and filed with the county recorder, the council should make the final determination of both the eligibility and the desirability of the annexation. The fact that petitions have been presented does not mean that the area has to be annexed. The petition merely gives the council discretion as to whether the area should become a part of the municipality. The decision to annex lies solely with the city or town council.54 Before any council action is taken on the petition, it must determine whether the municipality has jurisdiction to annex the unincorporated territory under consideration. A sworn affidavit verifying that no part of the territory proposing to be annexed is already subject to an earlier annexation must have been filed at the same time as the initial petitions were filed with the countyrecorder. The countyrecorder cannot accept the filing without the sworn affidavit.55 Arizona statute also provides for instances where a community is proposing to incorporate lands subject to an annexation petition. The board of supervisors is required to exclude from the community proposed to be incorporated any territory which has been included in an annexation ordinance adopted by a city or town pursuant to law after the incorporation petition has been filed.56 Furthermore, the State Legislature has enacted A.R.S. §9-101.01, which bars the incorporation of an area within six miles of an incorporated city with a population of 5,000 or more and within three miles of a city or town with a population of less than 5,000, unless the existing city or town grants permission for such incorporation. The effect of this statute is to allow cities and towns to determine whether nearby communities may incorporate. Once a petition for incorporation has been taken out, however, an annexation which brings a city to within the six mile limit will not give such a city the authority to determine if the community may incorporate.57 If the council decides to annex the area covered by the annexation petition, the council may not make any changes, including reductions or increases in territory, to the map of the proposed annexation once the first property owner has signed the petition. (In our opinion, the process must begin again with the filing of the annexation petition and map with the county recorder if any changes are made to the territory proposed for annexation.) It will be necessary for the council to make a final determination as to whether the petition is sufficient. Generally, this information has already been provided to the council with proper documentation. However, the council should establish to its satisfaction that a sufficient number of property owners in the area to be annexed have signed the petitions. After thesereliminar steps, the council may then pass an ordinance annexing the territory.58 p Y p All the proceedings surrounding the adoption of the annexation ordinance must be regular. For example, the Supreme Court voided an annexation ordinance which was not passed at a council meeting open to the public within the corporate limits of the town.59 Also the court has held that an annexation ordinance was void because the provisions of the open meeting law had not been complied with in its adoption.6° The annexation ordinance is subject to the same requirements pertaining to publication as are other ordinances. However, the court has held that an emergency ordinance adopted in the mannerp rovided by law was not invalid or incomplete because it was not published.61 Also, an 12 ordinance that was not published the correct number of times (only 3, not 4) is not invalid.62 In charter cities with publication requirements set forth in the charter for the purpose of making the ordinance effective, it has been held by the Supreme Court that failure to publish the ordinance, pursuant to the charter requirements voids the ordinance.63 While the statutes do not state that the map must also be published, the Arizona Supreme Court in stating that "the only step remaining to be taken,. . ., was the publication of the ordinance and map in the official newspaper of the city as is required for all ordinances before they become effective and operative" 64 implied that the publication of the map is necessary. It is the consensus of most municipal attorneys that the map is a part of the ordinance and is therefore subject to the same publication requirements as the ordinance. The issue of invalidating an annexation because of an inaccurate map has been tested in court. The court ruled that a mistake in the "calls" in the metes and bounds description was not enough to invalidate the annexation proceedings.65 The annexation becomes final after the expiration of thirty days from the adoption of the ordinance if the annexation ordinance has been finally adopted in accordance with procedures established by statute, charter provisions or local ordinances, whichever is applicable. However, if an action has been filed to contest the validity of the annexation within the thirty day period, its finality is subject to the review of the court. The court has said, "A municipality cannot enact an annexation statute as an emergency measure."66 The court has clarified that the final adoption of the annexation ordinance is the referable event.67 Many times an annexation ordinance is adopted with an emergency clause. The courts have ruled that the statutes provide private citizens a right to contest an annexation and that a municipality cannot interfere with this right. Therefore, annexation ordinances may be adopted as an emergency measure, but the thirty day period for citizens to contest is not shortened. PROTEST OR CONTEST An annexation may or may not be desired by all the people involved. If it is not desired, there is the likelihood of protest and perhaps there may be a contest. In view of these possibilities, it is important to be aware of the statutes and court decisions to be prepared for such an eventuality. There is a basic difference between a protest and contest. A protest is an objection lodged with the governing body. A contest is a legal procedure to question the validity of an annexation for failure to comply with state law. If a protest is evident while the council is deciding on the question of annexing any territory, the council is under no statutory obligation to hear such protest from inhabitants in the area involved. From a public relations standpoint, however, councils usually hear any interested party who wishes to protest. A contest involving court action on the annexation is provided for in A.R.S. §9-471, which governs the annexation of territory. Any city or town's annexation action, after the adoption of the ordinance, may be contested by any city or town (at least those cities or towns that are geographically close and are interested parties68), the attorney general, the county attorney or any other interested party by filing a verified petition questioning the validity of the annexation for failure to comply with A.R.S. §9-471. The verified petition questioning the annexation must be filed within thirty days after the adoption of the annexation ordinance, and the burden is placed on the petitioner to prove that the municipality attempting the annexation has failed to comply with the law. In order to preclude a long delay in hearing the action, a petition of this nature has priority over all other civil matters except elections.69 If no contest is made within the thirty day period, the annexation is deemed final and conclusive.70 A provision now awards 13 reasonable attorney fees and costs to the property owner that prevails in an action to challenge an annexation of their property.71 State law also provides that if two or more cities and towns demonstrate an active interest in annexing any or all of an area proposed for annexation, the court shall consider oral and written agreements or understandings between the cities in making its determination.72 This provision was adopted to assist in resolving disputes between cities attempting to annex the same parcel. 14 Section V AFTER THE ANNEXATION TRANSMITTAL OF ANNEXATION ORDINANCE It is important that the annexation ordinance, the legal description and a map of the annexed property be mailed to selected individuals. It is particularly important that the annexation be reported by filing the legal description and a record copy of the ordinance with the Department of Revenue. Statutes provide that this must be accomplished on or before November 1 of the year preceding the year in which assessments or taxes are to be levied. The same information must be supplied to the county assessor on or before November 1. The change in the boundaries affected by the annexation will not be effective for assessment and tax levying purposes for the next tax year unless notice has been given before November 1 as stipulated above.73 This deadline may be extended by the director of the Department of Revenue upon receipt of a request for extension on or before December 31 of the year prior to the year in which taxes are to be levied. The deadline may not be extended beyond February 15 of the year taxes are to be levied. Additionally, cities or towns annexing property must also report the annexation to the Attorney General of the United States due to its possible applicability under the Voting Rights Act to municipal elections. The League's "Municipal Election Manual" can be consulted for the exact procedures of such notification. EFFECT OF ANNEXATION Upon the annexation of territory, the city or town acquires the right to exercise all political and governmental powers delegated to it by law over the property and inhabitants in the annexed territory.74 The city or town, by annexation, acquires no rights and assumes no liabilities of a territory not of a political or governmental nature.76 Our courts have ruled that recording a subdivision without subsequently improving the property does not give the owner a vested right to develop in accordance with the recorded plat. Therefore, annexation may affect an unimproved property owner's right to develop, even if the property has been subdivided, if the municipal ordinances differ from the county ordinances.76 Upon annexation of territory to the city or town, the title and jurisdiction of the county streets and alleys in the annexed territory are vested in the city or town for all purposes.77 All territory annexed to a city or town becomes a part of the district or districts of the city or town adjoining the territory so annexed.78 REPORT ANNEXATIONS FOR EXPENDITURE LIMITATION ADJUSTMENTS Cities and towns should report all annexations to the Population Statistics Unit at the Department of Economic Security (DES). The population in the annexed area will be considered when developing the population estimate which is used in determining the expenditure limitations by the Economic Estimates Commission (EEC) as well as for distribution of the lottery funds. Annexations occurring after the EEC determines your expenditure limit (on or before April 1) but before the beginning of the fiscal year can also be used to adjust your population estimate for that year if they are submitted in time for both DES and the EEC to act. The EEC requires that 15 requests for such adjustments be provided to them at least three weeks prior to the adoption of that city's tentative budget. Also, prior to action by the EEC, DES must review the requested population increase. The necessary materials should be provided to DES with sufficient lead time for their review. STATE SHARED REVENUES After the annexation ordinance has been passed, you may want to obtain a certified population count of the number of people in the annexed area from the Census Bureau to receive credit for the additional population for state shared revenue purposes. The Census Bureau may be able to give you a certified count almost immediately if the annexed area coincides with census tracts. Even if this is not the case, the Census Bureau will provide you with an estimate of the population in the annexed area to be credited for state shared revenue purposes. Once a certified population count of the number of people in the annexed area has been determined, it should be submitted to the Department of Revenue who will then adjust the share of the state sales tax and state income tax and to the Department of Transportation for the distribution of highway user revenue funds to reflect the annexation. The Local Transportation Assistance Fund (LTAF) distribution uses a different population number. Instead of the U.S. Census Bureau number, an annually adjusted Department of Economic Security population estimate is used. A city or town needs to make sure that the Council of Governments which represents the cities and towns in their region on the population estimate committee, is fully aware of the annexation and gets it reflected in the population for both the LTAF monies and expenditure limitation purposes. Since the calculation of LTAF money is done annually, the additional amount to reflect the annexation would not begin to be distributed until the first full fiscal year following annexation. The vehicle license tax is distributed by the counties. It is suggested that individual cities and town check with their respective county treasurer to determine how their particular county handles the distribution of revenue from this tax to reflect the annexation. In the past for a period of time directly before and after the decennial census count, the Census Bureau has suspended these types of annexation population certifications. We anticipate but are not sure that they will do the same in future census years. 16 Section VI DEANNEXATION The Legislature has provided a procedure for deannexation of land from one municipality and annexation to another incorporated city or town. The procedure for accomplishing such deannexation has been clearly detailed in A.R.S. §9-471.02, and is the only method provided for a city or town to reduce the land area within its boundaries short of special legislation. The responsibilities of the city or town wishing to deannex land are as follows: A. The council must pass an ordinance setting forth the legal description of the territory to be deannexed. The area must be contiguous to the annexing municipality. B. This ordinance must be filed with the county board of supervisors who shall set a hearing date not less than thirty nor more than sixty days from the date of the filing of the ordinance. The board of supervisors must notify the city or town of the hearing date at least thirty days prior to the scheduled hearing. C. The city or town council must notify by letter the owners of any real property in the territory to be deannexed at least twenty days before the hearing by the board of supervisors. This letter must contain the following information: 1. The area which is to be deannexed and annexed by another city or town. 2. Notification that such property shall continue to be subject to any tax lawfully assessed against it for the purpose of paying indebtedness contracted by the city or town while the property was within the corporate limits. 3. Statement that the property owner may protest the deannexation action by letter to the board of supervisors prior to the hearing or in person at the hearing. The city or town wishing to annex the territory must comply with the following requirements: A. Passage of an ordinance setting forth the legal description of the territory and declaring the annexation of the property contingent upon affirmative action by the board of supervisors. B. Filing of the above ordinance with the county board of supervisors. The same requirements regarding hearing date and notification by the board of supervisors to the city or town as explained above apply to the city or town wishing to annex the territory. At the hearing called by the county board of supervisors, if property owners of fifty-one percent or more of the real and personal property to be deannexed protest the action, either by letter or in person at the hearing, then the board of supervisors is statutorily required to deny the deannexation, and therefore the subsequent annexation by another city or town. There is also a one year moratorium on resubmitting the deannexation question to the board. If no protest is made by property owners of the action or if less than the required number of the affected property owners object, then after the hearing, the board of supervisors is required to order that the territory be deannexed as requested from the city or town and that the same territory be annexed to the other municipality. 17 A copy of the order of the board of supervisors ordering the deannexation and annexation of the property involved is certified by the clerk of the court and then filed in the recorder's office of the p Y county in which such land is situated. STATUS OF DEANNEXED LAND FOR TAXATION PURPOSES Thep rovisions of A.R.S. §9-471.02 authorizing such deannexation and subsequent annexation by another municipality clearly state that the property involved in such a transaction is not exempt from the payment of any taxes lawfully assessed against it for the purpose of paying indebtedness remaining on that property at the time of deannexation. Further, even if the land has already been deannexed and the council levies a tax upon the property within the city or town for the purpose of paying indebtedness incurred before deannexation, the council does have the authority to levy a tax at the same rate and for the same purpose on the deannexed land. 18 Appendix A ANNEXATION TIME - LINE Listed below is a chronology of events that must occur for the annexation of property. DAY ACTION STEPS DEADLINE SET BY LAW Prepare a plan, policy or procedure to Prior to the adoption of the demonstrate how services and final annexation ordinance. infrastructure are to be provided to anticipated development within the annexed area in the next ten years. 1 City requests from the county None assessor's office and the Arizona Department of Revenue the owner, address of each owner, and the assessed value of all property which they are proposing to annex (both offices have a maximum of 30 days to respond). If applicable, request approval of state lands selection board and state land commissioner (could take as long as nine months!). 15 Waiting Period - city will file in the office of County holds blank petition for the county recorder's office a 30 days blank petition setting forth a description, an accurate map of all the exterior boundaries of the territory that is proposed for annexation and a sworn affidavit verifying that territory is not subject to an earlier filing. State lands selection board and state land commissioner approval will be filed if applicable. Send notice and copies of filings to Board of Supervisors and county assessor. 30 City will advertise in local paper the area 15 days before the end of the proposed to be annexed. Newspaper waiting period must be published or circulated in the city or town and the territory proposed to be annexed. 1 30 City receives value data from the county assessor and Department of Revenue. City: A. Post notice of the public hearing in 6 days prior to the hearing at least three conspicuous public places in the territory proposed to be annexed. B. Notice by mail to chairman of county board of supervisors. C. Notice by mail to each owner of real and personal property within territory proposed to be annexed. Include proposed map. 36 City council has public hearing to discuss Within the last 10 days of the the annexation proposal. 30 day waiting period 46 Obtain signatures under the following Within one year of the last day requirements: of the waiting period A. One-half or more of the persons owning real and personal property that would be subject to taxation by the city in the event of annexation. (assessed valuation). B. More than one-half of the persons owning real and personal property that would be subject to taxation by the city in the event of annexation. (ownership). 60 Petition complete. Signed petition, copy Within one year of the last day filed with city clerk- original filed in the of the waiting period office of the county recorder. 61 City posts public notice of special city 24 hours before meeting council meeting for reading of annexation ordinance (need minimum of 24 hours notice). 63 City council adopts annexation ordinance. (Time frame for this step depends on ordinance adoption procedure such as number of readings, optional public hearing, etc. Annexation protest/contest period ends 30 days after the adoption of and annexation becomes final. the annexation ordinance 2 Appendix B STATE LAW PROVISIONS ON ANNEXATION Section 9-471. Annexation of territory; procedures; notice; petitions; access to information; restrictions A. The following procedures are required to extend and increase the corporate limits of a city or town by annexation: 1. A city or town shall file in the office of the county recorder of the county in which the annexation is proposed a blank petition required by paragraph 4 of this subsection setting forth a description and an accurate map of all the exterior boundaries of the territory contiguous to the city or town proposed to be annexed. Notice and a copy of the filing shall be given to the clerk of the board of supervisors and to the county assessor. The accurate map shall include all county rights-of-way and roadways with no taxable value that are within or contiguous to the exterior boundaries of the area of the proposed annexation. If state land, other than state land utilized as state rights-of-way or land held by the state by tax deed, is included in the territory, written approval of the state land commissioner and the selection board established by section 37-202 shall also be filed. 2. Signatures on petitions filed for annexation shall not be obtained for a waiting period of thirty days after filing the blank petition. 3. After filing the blank petition pursuant to paragraph 1 of this subsection, the governing body of the city or town shall hold a public hearing within the last ten days of the thirty day waiting period to discuss the annexation proposal. The public hearing shall be held in accordance with the provisions of title 38, chapter 3, article 3.1, except that, notwithstanding the provisions of section 38-431.02, subsections C and D, the following notices of the public hearing to discuss the annexation proposal shall be given at least six days before the hearing: (a) Publication at least once in a newspaper of general circulation, which is published or circulated in the city or town and the territory proposed to be annexed, at least fifteen days before the end of the waiting period. (b) Posting in at least three conspicuous public places in the territory proposed to be annexed. (c) Notice by first class mail sent to the chairman of the board of supervisors of the county in which the territory proposed to be annexed is located. (d) Notice by first class mail with an accurate map of the territory proposed to be annexed sent to each owner of the real and personal property as shown on the list furnished pursuant to subsection G of this section that would be subject to taxation by the city or town in the event of annexation in the territory proposed to be annexed. For purposes of this subdivision, real and personal property includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property. 1 4. Within one year after the last day of the thirty day waiting period a petition in writing signed by the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property that would be subject to taxation by the city or town in the event of annexation, as shown by the last assessment of the property, may be circulated and filed in the office of the county recorder. For purposes of this paragraph, real and personal property includes mobile, modular and manufactured homes and trailers only if the owner also owns the underlying real property. 5. No alterations increasing or reducing the territory sought to be annexed shall be made after a petition has been signed by a property owner. 6. The petitioner shall determine and submit a sworn affidavit verifying that no part of the territory for which the filing is made is already subject to an earlier filing for annexation. The county recorder shall not accept a filing for annexation without the sworn affidavit. B. All information contained in the filings, the notices, the petition, tax and property rolls and other matters regarding a proposed or final annexation shall be made available by the appropriate official for public inspection during regular office hours. C. Any city or town, the attorney general, the county attorney, or any other interested party may upon verified petition move to question the validity of the annexation for failure to comply with the provisions of this section. The petition shall set forth the manner in which it is alleged the annexation procedure was not in compliance with the provisions of this section and shall be filed within thirty days after adoption of the ordinance annexing the territory by the governing body of the city or town and not otherwise. The burden of proof shall be upon the petitioner to prove the material allegations of his verified petition. No action shall be brought to question the validity of an annexation ordinance unless brought within the time and for the reasons provided in this subsection. All hearings provided by this section and all appeals therefrom shall be preferred and heard and determined in preference to all other civil matters, except election actions. In the event more than one petition questioning the validity of an annexation ordinance is filed, all such petitions shall be consolidated for hearing. If two or more cities or towns show the court that they have demonstrated an active interest in annexing any or all of the area proposed for annexation, the court shall consider any oral or written agreements or understandings between or among the cities and towns in making its determination pursuant to this subsection. D. The annexation shall become final after the expiration of thirty days from the adoption of the ordinance annexing the territory by the city or town governing body, provided the annexation ordinance has been finally adopted in accordance with procedures established by statute, charter provisions, or local ordinances, whichever is applicable, subject to the review of the court to determine the validity thereof if petitions in objection have been filed. E. For the purpose of determining the sufficiency of the percentage of the value of property under this section, such values of property shall be determined as follows: 1. In the case of property assessed by the county assessor, values shall be the same as shown by the last assessment of the property. 2 2. In the case of property valued by the department of revenue, values shall be appraised by the department in the manner provided by law for municipal assessment purposes. F. For the purpose of determining the sufficiency of the percentage of persons owning property under this section, the number of persons owning property shall be determined as follows: 1. In the case of property assessed by the county assessor, the number of persons owning property shall be as shown on the last assessment of the property. 2. In the case of property valued by the department of revenue, the number of persons owning property shall be as shown on the last valuation of the property. 3, If an undivided parcel of property is owned by multiple owners, such owners shall be deemed as one owner for the purposes of this section. 4. If a person owns multiple parcels of property, such owner shall be deemed as one owner for the purposes of this section. G. The county assessor and the department of revenue, respectively, shall furnish to the city or town proposing an annexation within thirty days after a request therefor a statement in writing showing the owner, the address of each owner and the appraisal and assessment of all such property. H. Territory is not contiguous for the purposes of subsection A, paragraph 1 of this section unless: 1. It adjoins the exterior boundary of the annexing city or town for at least three hundred feet. 2. It is, at all points, at least two hundred feet in width, excluding rights-of- way and roadways. 3. The distance from the existing boundary of the annexing city or town where it adjoins the annexed territory to the furthest point of the annexed territory from such boundary is no more than twice the maximum width of the annexed territory. A city or town shall not annex territory if as a result of such annexation unincorporated territory is completely surrounded by the annexing city or town. J. Notwithstanding any provisions of this article to the contrary, any town incorporated prior to 1950 which had a population of less than two thousand persons by the 1970 census and which is bordered on at least three sides by Indian lands may annex by ordinance territory owned by the state within the same county for a new townsite which is not contiguous to the existing boundaries of the town. K. The provisions of subsections H and I of this section shall not apply to territory which is surrounded by the same city or town or which is bordered by the same city or town on at least three sides. 3 L. A city or town annexing an area shall adopt zoning classifications which permit densities and uses no greater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land. 4 M. The annexation of territory within six miles of territory included in a pending incorporation petition filed with the county recorder pursuant to section 9-101.01, subsection C shall not cause an urbanized area to exist pursuant to section 9-101.01 which did not exist prior to the annexation. N. As an alternative to the procedures established in this section, a county right- of-way or roadway with no taxable real property may be annexed to an adjacent city or town by mutual consent of the governing bodies of the county and city or town if the property annexed is adjacent to the annexing city or town for the entire length of the annexation and if the city or town and county each approve the proposed annexation as a published agenda item at a regular public meeting of their governing bodies. O. On or before the date the governing body adopts the ordinance annexing territory, the governing body shall have approved a plan, policy or procedure to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development within ten years after the date when the annexation becomes final pursuant to subsection D of this section. P. If a property owner prevails in any action to challenge the annexation of the property owner's property, the court shall allow the property owner reasonable attorney fees and costs relating to the action from the annexing municipality. Section 9-471.01. Dates of signatures on petition; time limitation for validity of signatures A. Each person signing a petition for the annexation of territory to a city or town shall, at the time he signs, write upon the petition the date on which he signs the petition. B. A signature on a petition for annexation shall not be valid if the petition has not been filed or accepted for filing within two years after the date the signature was placed on the petition. Section 9-471.02. Deannexation of Land From One Municipality and Annexation to Another Municipality A. Notwithstanding any other provision of law to the contrary, territory may be deannexed and severed from one city or town and annexed to another city or town in accordance with the provisions of this section if the territory which is deannexed is contiguous to the city or town which annexes the territory. B. The governing body of a city or town which intends to deannex the territory shall by ordinance set forth the legal description of the territory and shall declare the deannexation of the territory contingent upon the fulfillment of the conditions of this section. C. The governing body of the city or town which intends to annex the territory shall by ordinance set forth the legal description of the territory and shall declare the annexation of the territory contingent upon fulfillment of the conditions of this section. 5 D. The ordinance passed by each governing body shall be filed with the board of supervisors which shall set a hearing date of not less than thirty nor more than sixty days from the date of the filing of the ordinances and shall notify the governing body of each city or town of the hearing date at least thirty days prior to the date. E. The governing body of the city or town desiring to deannex territory shall notify by letter the owner of any real property in the territory to be deannexed at least twenty days before the hearing by the board of supervisors. Such notification shall specify that the area is to be deannexed and annexed to another city or town and that such property shall continue to be subject to any tax lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of the city or town while the property was within the corporate limits. The letter shall state that the property owner may protest the action by letter to the board of supervisors prior to the hearing or in person at the hearing. If property owners of fifty-one percent or more of the land area of the territory to be deannexed protest the action, then the board of supervisors shall deny the deannexation of the territory. No such action so denied shall be resubmitted to the board of supervisors for at least one year following such denial. F. Upon determining that the requirements of this section have been satisfied and upon the holding of the public hearing and upon determination that the protests filed are insufficient as defined by this section, the board of supervisors shall order that the territory be deannexed from one city or town and that the same territory be annexed to another city or town as specified in the two ordinances authorized by this section. G. The land deannexed and annexed shall not thereby be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the corporate authorities of such city or town while such land was within the limits thereof and which remains unpaid, and for the payment of which such land could be lawfully taxed. H. Whenever the governing body or the city or town which has deannexed territory shall levy a tax upon the property within such city or town for the purpose of paying indebtedness incurred before such deannexation, or any part thereof, and interest thereon, such governing body shall have the authority to levy a tax at the same rate and for the same purpose on the land so deannexed. In case the owner of any land so deannexed shall pay off and discharge a portion of such indebtedness equal in amount to the same proportion of the indebtedness which the assessed value of his land bears to the entire assessed value of all the property subject to taxation for the payment of such indebtedness, calculated according to the last assessment previous to such payment, then such land shall be exempted from further taxation to pay such indebtedness. Upon such payment being made, the canceled bonds or other evidences of payment of such portion of such indebtedness shall be deposited with the clerk of such city or town and a certificate shall be given by him stating that such payment has been made. A copy of the order of the board of supervisors ordering the deannexation and annexation of any land described in any city or town, certified by the clerk of the court, shall be filed for record in the recorder's office of the county in which such land is situated. Such record, or a copy of such order or decree, certified by the clerk of such court, shall be proof of the deannexation and annexation of such land. 6 Appendix D MODEL AFFIDAVIT REGARDING ANNEXATION Personally appears before me, , who, first being duly sworn, deposes and says as follows: 1. I make this affidavit of my own personal knowledge. 2. I am the duly appointed of the City/Town of , Arizona and I am qualified to make this affidavit on behalf of and for the City/Town. 3. I have made a diligent search of the records of the Office of the Clerk of the City/Town and of the Office of the County Recorder for any annexation filing which might involve territory sought to be annexed in the City/Town Annexation Petition, which is filed herewith, with exhibits, in the Office of the County Recorder. 4. I hereby affirm, pursuant to A.R.S. §9-471(A)(6), that no part of the territory for which the attached Annexation Petition is filed is already subject to an earlier filing for annexation. FURTHER AFFIANT SAYETH NOT. (Name and Title) SWORN TO AND SUBSCRIBED before me this day of , 20 . Notary Public for the State of Arizona My commission expires: 1 Appendix E A MODEL ANNEXATION ORDINANCE ORDINANCE NO. AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE (CITY/TOWN) OF , COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING (CITY/TOWN) LIMITS OF THE (CITY/TOWN) OF . WHEREAS, a petition in writing, accompanied by a map or plot of said real property, having been filed and presented to the Mayor and Council of the (City/Town) of , Arizona, signed by the owners of more than one-half in value of the real and personal property and more than one-half of the persons owning real and personal property as would be subject to taxation by the (City/Town) of in the event of annexation within the territory and land hereinafter described as shown by the last assessment of said property, which said territory is contiguous to the (City/Town) of , and not now embraced within its limits, asking that the property more particularly hereinafter described be annexed to the (City/Town) of , and to extend and increase the corporate limits of the (City/Town) of so as to embrace the same; and WHEREAS, the Mayor and Council of the (City/Town) of , Arizona, are desirous of complying with said petition and extending and increasing the corporate limits of the (City/Town) of to include said territory; and WHEREAS, the said petition sets forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the (City/Town) of , and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after the said petition had been signed by any owner of real and personal property in such territory; and WHEREAS, the provisions of A.R.S. §9-471, and amendments thereto, have been fully observed; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the (City/Town) Clerk of the (City/Town) of , Arizona, together with a true and correct copy of the original petition referred to herein, which is on file in the office of the county recorder. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE (CITY/TOWN) OF , ARIZONA, AS FOLLOWS: 1 SECTION 1. That the following described territory be, and the same hereby is, annexed to the of , and that the present corporate limits be, and (City/Town) the same hereby are, extended and increased to include the following described territory contiguous to the present (City/Town) limits, to wit: (Legal description of area to be annexed may be description by lot and block, or legal description of perimeter of area to be annexed.) SECTION 2. That a copy of this ordinance, together with an accurate map of the territory hereby annexed to the (City/Town) of , certified by the said of Mayor (City/Town), be forthwith filed and recorded in the office of the County Recorder of y County, Arizona. SECTION 3. WHEREAS, it is necessary for the preservation of the peace, health and safety of the (City/Town) of that this ordinance become immediately effective, an emergency is declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Common Council of the (City/Town) of , Arizona, this day of , 20 APPROVED this day of , 20 Mayor ATTEST: Clerk APPROVED AS TO FORM: Attorney Note: A map of the area annexed along with the certification of the map must be included with the ordinance and published with the ordinance. The certification appears on the next page. 2 CERTIFICATION OF MAP MAP OF AREA TO BE ANNEXED I , Mayor of the (City/Town) of , Arizona, do hereby certify that the foregoing map is a true and correct map of the territory annexed under and by virtue of the petition of the real and personal property owners in the said territory and by Ordinance No. , annexing the territory described in Ordinance No. and as shown on said map as a part of the territory to be included within the corporate limits of the (City/Town) of , Arizona. Mayor ATTEST: Clerk 3 Appendix F ANNEXATION MAP DISTRIBUTION The following list of agencies has been compiled to provide some direction on the distribution of the annexation map and, when applicable, the annexation ordinance as well. Such notifications vary considerably across the State, but this list may be helpful to you in preparing your own mailing list. A. County Offices 1. Recorder 2. Assessor 3. Board of Supervisors 4. Engineer 5. Highway Department 6. Planning and Zoning Commission B. Gas, Electric, Telephone and other utilities serving the city/town C. Arizona Department of Transportation 205 South 17th Avenue Phoenix, Arizona 85007 D. Department of Revenue (annexation ordinance and map) Central Information Services 1600 West Monroe Phoenix, Arizona 85007 E. Department of Economic Security Population Statistics Unit 1789 West Jefferson Phoenix, Arizona 85007 F. Postmaster G. Assistant Attorney General Civil Rights Division Department of Justice Washington, D.C. 20530 H. Rashida Abul-Qusim Bureau of the Census Geography Division Washington, D.C. 20233-7400 I. Regional Council of Governments (see address in back of League directory) Each city or town may need to send ordinances to other agencies affected by such annexation. 1 FOOTNOTES 1 A.R.S. §9-471 (H, K). See Appendix B. 2 Ibid. 3 TOWN OF MIAMI v. CITY OF GLOBE, 195 Ariz. 176, 985 P.2d 1035 (1999). 4 COLQUHOUN v. CITY OF TUCSON, 55 Ariz. 451, 103 P.2d 269 (1940) and General Counsel Opinion May 30, 1989. 5 A.R.S. §9-471 (I). 6 ROBERTS v. CITY OF MESA, 158 Ariz. 42, 760 P.2d 1091 (1988). 7 GORMAN v. CITY OF PHOENIX, 70 Ariz. 59, 216 P.2d 400 (1950). 8 Ibid. 9 General Counsel Opinion January 4, 1991. 10 A.R.S. §9-134. 11 A.R.S. §9-471 (A). See Appendix B. 12 A.R.S. §9-471 (0). See Appendix B. 13 A.R.S. §9-471 (A). See Appendix B. 14 A.R.S. §9-471 (G). See Appendix B. 15 GOODYEAR FARMS v. CITY OF AVONDALE, 148 Ariz. 216, 714 P.2d 386 (1986). 16 A.R.S. §9-471 (A). See Appendix B. 17 Ibid. 18 Ibid. 19 A.R.S. §9-471 (G). See Appendix B. 20 A.R.S. §9-471 (E, F). See Appendix B. 21 Ibid. 22 A.R.S. §9-471 (A). See Appendix B. 23 A.R.S. §9-471 (B). See Appendix B. 24 A.R.S. §9-471 (L). See Appendix B. 25 BLANCHARD v. SHOW LOW PLANNING AND ZONING COMMISSION, 196 Ariz. 114, 993 P.2d 1078 (1999). 26 A.R.S. §9-462.04. 27 SWIFT v. CITY OF PHOENIX, 90 Ariz. 331 at 334, 367, P.2d 791 (1961). 28 "The word 'owner' has no technical meaning, but its definition will contract or expand according to the subject matter to which it is applied." (CITY OF PHOENIX v. STATE EX REL. HARLESS, 60 Ariz. 369 at 377, 137 P.2d 783, 146 ALR 1255 (1943). 29 CITY OF PHOENIX v. STATE EX REL. HARLESS, 60 Ariz. 369, 137 P.2d 783, 146 ALR 1255 (1943). 30 McCUNE v. CITY OF PHOENIX, 83 Ariz. 98, 317 P.2d 537 (1957). 31 Ibid. 32 Ibid. 33 CITY OF PHOENIX v. STATE EX REL. HARLESS, op. cit. 34 NORTHWEST FIRE DISTRICT v. CITY OF TUCSON, 185 Ariz. 102, 912 P.2d 1331 (1995). 35 GORMAN v. CITY OF PHOENIX, 76 Ariz. 35, 258 P.2d 424 (1953). 36 A.R.S. §9-471 (A). See Appendix B. 37 McCUNE v. CITY OF PHOENIX, 83 Ariz. 98, 317 P.2d 537 (1957). 38 Ibid. 39 See Arizona Constitution, Art. 9, Sec. 2. Also A.R.S. §§ 42-11101 and 42-11111 for information. 40 Ibid. 41 Arizona Constitution, Art. 9, Sec. 2. 42 CITY OF PHOENIX v. STATE EX REL. HARLESS, 58 Ariz. 8 at 14, 117 P.2d 87 (1941). 43 General Counsel Opinion October 11, 1994. 1 44 CITY OF PHOENIX v. STATE EX REL. HARLESS, 60 Ariz. 369 at 376, 137 P.2d 783, 146 ALR 1255 (1943). 45 FRY v. SIERRA VISTA, 11 Ariz. App. 490, 466 P.2d 491 (1970). 46 TOWN OF SCOTTSDALE v. STATE EX REL. PICKRELL, 98 Ariz. 382, 405 P.2d 871 (1965). 47 A.R.S. §1-261. 48 FERREE v. CITY OF YUMA 124 Ariz. 225, 603 P.2d 117 (1979). 49 McCUNE v. CITY OF PHOENIX, 83 Ariz. 98, 317 P.2d 537 (1957). 50 NORTHWEST FIRE DISTRICT v. CITY OF TUCSON, 185 Ariz. 102, 912 P2d 1331 (1995). 51 A.R.S. §9-471 (F). See Appendix B. 52 CITY OF PHOENIX v. TOWN OF CAVE CREEK, 167 Ariz. 227, 805 P.2d 1048 (1990). 53 KEMPTON v. CITY OF SAFFORD 140 Ariz. 539, 683 P.2d 338 (1984), GOODYEAR FARMS v. CITY OF AVONDALE, 148 Ariz. 216, 714 P.2d 386 (1986) and ROBERTS v. CITY OF MESA, 158 Ariz. 42, 760 P.2d 1091 (1988). 54 A.R.S. §9-471 (A). See Appendix B. 55 A.R.S. §9-101(H). 56 A.R.S. §9-471 (M). See Appendix B. 57 See Appendix D for model annexation ordinance. 58 TOWN OF PARADISE VALLEY v. ACKER, 100 Ariz. 62, 411 P.2d 168 (1966). 59 CAREFREE IMPROVEMENT ASSOCIATION v. CITY OF SCOTTSDALE, 133 Ariz. 106, 649 P.2d 985 (1982). 60 BURTON v. CITY OF TUCSON, 88 Ariz. 320, 356 P.2d 413 (1960). 61 KEMPTON v. CITY OF SAFFORD, 140 Ariz. 539, 683 P.2d 338 (1984). 62 CITY OF PHOENIX v. LOCKWOOD, 76 Ariz. 46, 258 P.2d 431 (1953). 63 Ibid. 64 CITY OF DOUGLAS v. CITY OF SIERRA VISTA, 21 Ariz. App. 71, 515 P.2d 896 (1973). 65 SALT RIVER PROJECT et al v. CITY OF ST. JOHNS, 149 Ariz. 282, 718 P.2d 184 (1986). 66 ISRAEL v. TOWN OF CAVE CREEK, 196 Ariz. 150, 993 P.2d 1114 (1999). 67 A.R.S. §9-471 (C). See Appendix B. 68 A.R.S. §9-471 (C, D). See Appendix B. 69 A.R.S. §9-471 (C). See Appendix B. 70 A.R.S. §9-471 (P). See Appendix B. 71 A.R.S. §42-17257. 72 TOWN OF MIAMI v. CITY OF GLOBE, 195 Ariz. 176, 985 P.2d 1035 (1999). 73 BLOUNT v. MACDONALD, 18 Ariz. 1, 155 Pac. 736 (1915). 74 Ibid. 75 DAWE v. CITY OF SCOTTSDALE, 119 Ariz. 486, 581 P.2d 1136 (1978). 76 COLLINS v. WAYLAND, 59 Ariz. 340, 127 P.2d 716 (1942). Certiorari denied, 635 ct. 760, 318 U.S. 767, 87 L.Ed. 1138. 77 A.R.S. §9-472. 3 SPHERE OF INFLUENCE (1 MILE) --- -- ---PLANNING AREA L PINAL COUNTY s� f r---) OPEN SPACE �� • L.. ....i PRESERVE INOTES ' �‘ MASTER PLANNED - COMMUNITY ' 1• BACK UP DESIGNATIONS GOVERNOR'S PRESERVE • I The following land use designations are �► , recommended in the event that the use shown INITIATIVE STUDY AREA . TORTOLITA ` may not be realized due to lack of funding or MOUNTAIN PARK 0 = other factors //0,5�• ` t 01 Commerce Park ���'� 1 i 02 LDR 2.0 I a'r r..-1 -is Q3 P/OS or Commercial/Elder Care ' 1 -- -, `t 1 J;,�I l 1 t e ® P/OS or R-LDR ,i 1 „..., 11 1 i> ` • OS LDR 1.2 ..'', I _r! moi•-•. %-'---',1-4-: ; '7.----77,:OUND': -1 i © Commercial \clfQ' i�I'`_� R•LDR,`i� . MDR CP 07 MDR �' I R-LDR . _� ; ,.. : ii,...!` LOP - :, i • Q8 LDR 1.2 4%' �� LDR MDR).117( ; PRE-ANNEXATION AGREEMENTS `'� I: % 0.5 _,�. _ The following Pre-Annexation Agreements have been T�, 1; - • $ !. ' entered into by the Town of Oro Valley. ci.,' MDR MQR '" 1• .i I A PAD w/Commercial.MHDR.MDR&P/OS 3�' R•LOP I: .; MOB._ , -*,1 I I © PAD w/HDR&Commercial , �t`t0•' • 1.._.J © PAD wi HDR 3 i) 1: t2R - a10R • CATALINA DD HDR i; ` - I STATE QE Commercial URBAN GROWTH BOUNDARYI. acs ' CP 7_,...,____0",// � „ 4 r :. PdOS t. • PARK O HDR 7r- " 1/ M0�1 , o t i a " LA CHOLLA AIRPARK SPECIAL PLANNING AREA MOORE ROAD t----- -.�--- I.; �T; ■ -.-: B The Boundary for this planning area is the Conical LOR ,P-LDR / --� "ACR - , , %' Zone for airport traffic. LDR , r Q r F % i MDR RR-LDR R•LDR '-- 20 ' - MDR -�r ; SPECIAL CONDITIONS ,Ili '. ,,j LDR. , f pti:,,,,,-..,:".:,77,4"3" `1,,,*,,s.... ! Oa Allowable uses limited to those in the TP Zoning District ( R-LDR `Jt 2, R `� e `' Db Uses limitedtothosein TP•TPConditional,TANGERINE ROAD ■ �� { --_ �.��� andsmallscaleretailDnpir4,,.. """b � �' Dc <_2 DU/ac;<8 DU/ac max;33%open space:minor resort L R R s r'Z LOR ,''MDR � LDR_- ' ji1 w/<150 rooms on<_13 ac R LDR LDMPC 1 ..r1 .- tn�n 20 _ .... +2 MOR= 1 1' �: p•It 1's•-?-T�� - OR P 4..� ADVISORY NOTICE / � Mi 1 mDR © a LDR i 1:....„.1; The land use designations on this ma are policyrecommendations on R-LDR / LDR R, L •' R �- r / Designations mayor may not represent actal zoning on properties No NARANJA DRIVE .1 1,. t-2 1.MDR _ MDR i LDR ; 0© ),./. • decisions regarding land purchase or possible construction should be basec solely on these designations.For information about actual zoning 72'''''''':.4. ?: M. hIp Pl '1.4,:'..,>W entitlements,refer to the official Oro Valley Zoning Map,the Oro Valley D. NDA SR LDR t 2 �, Zoning Code Revised,and related information. R-LDR � & LOP ' �'''\ B MOP LDR MDa:( (�.r • LOP 1 ('.�u�•I 6 t2 rsu, LOR LDR R-LDR P a R 0 , 41M0, Pla•-w-yrr•Q"..*. '.., 3 ,» R LDR 1 LAMBERT LANE-.L }. R•LDR !DR LOB 2.0 - I ' l�' LR!1=' 1.2` r c R LOR 2.0 -i12 MDR '' ,.,._, . LDR LDR LDR 1.2 ilk LDR M• . ,,A,'.r.r`rt t a 1tn75 t /.2 ,0 MOR ! o R-LDR we I 'f� L:�)- LOP,r �a __ I� .�t_E Y A. LOP • MDR f NI LOP /.LOR 1 P h'/cO LINDA VISTA BLVD '' -_ 1.2 Of),0 2 1.2 n MDR LOP 0.5 LQR,.' n5 D- ir K},--,14; . �,` '•r'� R LDR �nRri MDR MDR f JrIl i C OVERTON ROAD I MDR 1 , f tD2 LDR (-1 -....-:- t.'' 4 1 ^-- MDR MDR r: 12 ,.,,, 9 / '� r orcr - ---� /, - LOP LDR R-LDR D' LOP '' LDR, COR(�NAD(l NATIONAL a` MOR t.2 1.2 MDR _HARDY ROAD---• 'rrq' t.2, FOREST *� -1�4 ' s :l, MDR 'n"n� ,L'.iJ LDR °UNDED 1g1D, ADRIN, R ,L `/:� LOPn ' -, /2 , g LDR Fp,a ' CP MHDP '• 07;i MDR „ 1.2 I,a�+[,+alir ..,,(ep ' l-' f _jkMA EE HUAD� z i� LDR D 6441) kn,pA LDR 2 ';' R.LDR lir. MDR ... , t 2 QA; ,_.- t 2 ►-,_'� LDR SECONDARY PLANNING AREA ,• • �- LDR :>� 1.2 �, 1 1.2ii6jrrr,;► ; -'MDR .. ,OZ #ib LD- LDR , INA ROAD _.- . C ..r�,�! - .. t Zp OSP __.. �- 1 rr i r� MDR LDR �'� SPHERE OF LOP y t.2 '� INFLUENCE 111 LDR 1.2 LDR HDR .i LOR ,'/y z 1-+ ►+ • 1.2 1.2 �c t 2 (t` z LOP HDa _. • oc 1... bre' 1.2 Q ''' 1 t ,, Q ORANGE GROVE ROAD MOP _ .: .".. , HOP .,. c o 0 o PLANNING AREA w ��•�•1 1 IS ao o O �' i m o a 1 G-1"1',,, o 1 � oz a a ,,., :- ' 9 � J Q V 1 R` 2 g O V 1 oC c=i� O U O 1 Q O Q Q 1 R/ U 1 • S - , -ter. TOWN of ORO VALLEY GENERAL PLAN LAND USE R-LORI F(0 RAL U acjENSITY RESIDENTIAL I MPC I MASTER PLANNED COMMUNITIES I'OS I PARKS/OPEN SPACE I1 LDR 1 LOW DENSITY RESIDENTIAL ® REGIONAL COMMERCIAL " SCHOOLS LDR 1 LOW DENSITY RESIDENTIAL Ell COMMUNITY COMMERCIAL I`^'-� TRANSMISSION LINE L2D DR LOW (1.3 DE2.O DUNSIT/ac)Y RESIDENTIAL IIIIINEIGHBORHOOD COMMERCIAL ;_-•, TOWN BOUNDARY - NORTH I MDR J( M(21EDIUM-5.0 DEDU/Nac)SITY .,„4.„ „ RESIDENTIAL U OFFICE `.. RESORT INIIIIIIIIMMINIMIIIIIIIIIIIIIIIIIIIIIIIIM v .1 " MEDIUM-HIGH DENSITY RESIDENTIAL I Cr, COMMERCE PARK 5 0.5 1.0 2.0 3.0 I (5.1-10.0 DU/ac) SCALE IN MILES ® HIGH DENSITY RESIDENTIAL PLOP PUBLIC/SEMI PUBLIC (10+DU/ac) 95084L 8.23.96 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 26, 2001 TO: HONORABLE MAYOR& COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administrator STUDY SESSION, OV7-01-01 AMENDMENT TO THE GRADING CODE, OVZCR SUBJECT: CHAPTER 15 AND RELATED DEFINITIONS, CHAPTER 2 BACKGROUND: This item was initiated bythe Commission on January 11, 2001 at the request of Staff primarily to allow shielded cuts, reconsider which subdivisions should be able to mass grade lots, and to amend the grading • 6th session on February20t'. exception requirements. The Commission considered it on February and at a study p q It was also presented to the DRB on February 13th. SUMMARY OF THE AMENDMENT: Thero osed amendments to Chapter 15 of the Zoning Code are attached as Exhibit A. An explanation of each p p proposed amendment follows: "cc 15-202 This has been changed to allow mass grading for subdivisions with average lot sizes between 10,000 and 15,000 square feet as long as a half of the lots areas greater than 10,000 square feet arep reserved as natural open space. Staff has added language to qualify what areas need to bep reserved. The section also allows for mass grading of any subdivision if allowed by a grading exception. Sec 15-204 G This allows for shielded cuts where a building, or portion of a building is set into a slope and theg rades are relatively unchanged outside the walls of the building. Shielded cuts allow buildings pads to be placed lower into the terrain thus, potentially, reducing exposed fill and the visibility of the building. Though the current code allows basements, it does not allow other stories to be placed more than 6 feet below grade. Sec 15-301 A 2 This allows preparation of grading plans by any professional qualified, according to the State, to prepare these plans. (Also in section 15-302 A.) Sec 15-401 B This deletes the requirement for irrigating revegetated cut and fill slopes. The Code does not require irrigation of other disturbed areas and the Town has bonds to ensure that the revegetation is successful. Section 15-405 This is a editorial change to move submittal requirements to the Type 1 submittal requirements section they are already in the Type 2 submittal requirements section. Section 15-501 The grading exception standards (now termed "findings") have been changed to allow greater discretion by the DRB and the Town Council in the review of grading exceptions by eliminating the need for all of the findings to be met. While all of the proposed findings are important, there may be instances where most of the findings are met to such a degree that the exception should not be denied for failure to fully meet the other findings. For instance, if all findings must be met, there may be a project that would be required to be denied TOWN OF ORO VALLEY UNCIL COMMUNICATION Page 2 of 3 because the conditions on the property do not substantially limit property rights, even though p p the project meets the intent of the Code, requests a minimum variance from the Code, p � includes conditions to not create a special privilege, and does not in any way negatively p effect the community or surrounding property owners. Based on comments at the Planning and ZoningCommission studysession, Staff has changed the wording from the "DRB shall consider the standards" to "the DRB shall find that the request is in substantial compliance with the findings". "Substantial in this case is used in the sense of"to a large degree". A summary proposed of the changes to the findings is presented in the table below. The rationale for each change is presented after the table. ...........rn.-. ,Tr...r •:•^:::T!�.}:T..}•Ti::.>:+Ki: ....v::c• :..:r.�:::�:r.vv`:i:���:,: _ .r.. ... ... .....................�n::......vr...:..x.....,.^Fr.:.:;?.'.:i}:�::r.�::+............ :L!ti!::.v{.n...;it v:.:}:•::::r{ ..................,......ter..c..:or...^,..,,...,......,......,:....:............,......,......:••.:.........,........,.^.,•,....},.ri. /: :;2{:., ............. .:c.....r.....,.. r.........{....... ..........:�..� ,.....:\v....... .r........ ......r. r:R::{r?,r,:.;:fi±?i::i?}}:`':2+}� ...•.. ....,...,..,,nR. :R...,r. ..V...,. ..... ...... ..F...r. ,.v ..�$:. ..... +� T/ .f.::v, ;>r>}'.:r}. S^7• ..4. .......,....,. ..,...,...,r .{ ................ .rs .. ..,.. ,........,..... t...1./'\.....r r.{... 'X! '2•.0 K ....... ,..,..., ... :}.. i.r, ..^.. ..-..... .....,..,..4... rr3>,,.....rv.}.,•... ...... .a.r •. :.+..,.4:..•.r•:::.;':•o:::;..., ,w• ;•<y } ./f.•?'?•t:•><•...w•,. ................... ..,........,..a....,.... .,... .r.4..,}.•v. ...,.�J.:!�'. ....... , v..J ..^..f..t.x.. l u:.,.....r..,...... ....^ ..!"'., .{ ,/ p_ .t"•'` .}'# S':,�'::.. •. r...............:.. .../...........,......r. .......,. fi.,. .a ...,r.: : � ....f.. ..r....yRr....... ..+: ...4:.y.. .•5.• {>nt`r":rf.. v.r.•. .'9!J.., 2. ......:.. ..., ..a....r .....:. ,•. , .,...rr. ,. ..,,. ,{,v ..h..,.�. ,.,............,....:.. ,..:...:+:.:t .•r. .•..•{•;f;:..•:•:J lnJ:R•.l�.o-•-:,,R, .r�rr: ............,..r. .3 rt......,. ., r..,4.. ...w ,ti....x , ..,.?4;, .4. .r. r r.r ,�.>1J.U.. -/{Y..�..�h t.�, ..c, •l.. ,/..,r.2:. .Jr +}r •^,v. :9 n•r .o..,•.......,..:, d}. ......, ..£,... .,•,.Lr r Y .v ., !':::::... .....:..... .1}i'Cr::"' /.. ::t:> ,,..x} �: ::S. ,.C.. .^^� rf.'-rr•:f4 _ .........:..., .r. .. ,...s ., ..c k .r.... ^^ .,, v,'rS. :. •. , .r rr,...wr r.}a.•,:'R^• >+.• ..a' ':k:^ r 2�%iW .Y...,,,.,!:3.� wH`..•.. ,:i:.. :K'Y` ,. :.,'K'; •r•,- .!S,.lj,.>,• .r..,. ..r: .Ef. w,. 1, 1.,3: .x .,`4>' %rr ::2`.. .tk•:�..-:: `^SY ! r{•}. ..: W '!�'iJ; f:)� i�">-.;{:. .R HJ.v.R' £L:.L,!-:.L £,. t i'•. :.rt.7r• � Y,• }y� w '.�o-:+i:�:.r,.f..-,;, / !Ci. ,Q:!�• -,.....�.,•,,.v....„ R.v. ,r• .. ,: •.. �...,-. [-.�./ ,-. ..! R• ,X•:x ��99!G':!• r�:fl:'..::r•i'1.:•}2 .-�-:::.v''':-:."Tf•`-: w>'r l r'.�Y} v, :•l... :..R• •{:�' R. }. •SQ✓ ':y;�'4,.. {r',. ':iCr.. ..L:K 4 '??{: Wtjv,' r + .!.:.::_.� r.}: -aa.•S + A ": ..�/. r•. w.: :x,. .' W ,f b +^.x.v....,.:::'��' �i'4....V: , -� .w't? : {;'�".�,.?2.,4f^.,5,4•.}}, r$S:.:vi ,\,:�4';Sf ,.y 1, .y ':J� r r}rk7x � !�� ,! ,. .G,. .... � .. '�,, ..,.>k....`'J;++:4r.-' ,Y,2k•/ ,r, <v:iY? �'"' ;{{ r.:).. .::�.,. `2�r•?':�i :•2 r`�C, ui,..a4Q4.• ?:>. •^- r ^ ., ....N.Y� .. : '63' .. .X. r ... „•r ,a.+•G.�•-. J ,°i`c'• >:) �?��:::-:xr!.... }ir.•!: +3°�.C�i ,,..�.,�Ct�:.,. 2:•.J:,:::; �.,;2^{'i?i3:�"t,d;.,x•..'�f4� '}•f�... ,•- ...!24��,�r ^$,i,?•.,"�'�. �'. v...r-, y ..,l. K••f .!J£' !�r`�1 � .>' .�J>"r .,•,r .}.... ..o.v,.' .:. ., ^".�¢ w ��G r..w. ..,., , r r .•�.we �Sc> k�!•2�C�',;h,.;.,/•'4,,,Y;r•,,..� ! } .r.�r :x... ,..t.:�r: :.A-r.. NY... ..�c .: .. r.k r:.:r,S. '•. ^..tN ^'+,.r r f.•... � ..� i� '.��J7,n `vC}.i4r: , � <, . .!• r ... ,. t.,r.! `�?: �. .c. ^>.,a..`'�.:h»cJ•.b.�......-t^..:�:d:F ., :4.. ih.. S C-<£�"�r r ... , .. r ?R .. k...v...., .•r..,.r.t..r. ...,.. 2'rn ....o�tic' .{ ."..,.{<.,r... l } "�#£. , ,,dry ..f � ,,.,.. +�• .............,,..,�,; " ..:. .,...�,( �.'.,C ,.. k R .. ,., 7S : w Y .,.... .,.r........ .. ..^. :¢�-��•:�:•'yc'•�-'. �: .5.:,. ..r x7.s: ��. .r.!...- .�iX'.•. r�, ..j» ..2"^a.•:,.r.Y.' s .. v ., :.!2.{.R .:: ^<o: \2' r/• .. .'!.R ^ .r. ........ .. r `{ 7 nb}} Y +w.<. .fy+ .:.,.:.x.. S! � •^l ,rr.• �, .Y .rig �'�:£riC4T •.r'<'... .N.. }, 4 .1. g ,}f7i. 4.,`4 !t2c t � ,Y.•m�i '. •:, ��� .. ... '?$c4. S?q .fvvx;},.,. ... ,.>. .. .. :A �.�.,/7''.. •.�::,. ,.l.�"r.•I st- 4:Y }GY�!K ..1.h.. x,/::}! a �} { 6 � H 7 r..p,• .o'. k:•. } .vJ/ y ,1•,'.: fi•+ 2�''''ti::!rrr 'Y '.,v�.:.,;J1:�1 /.'.r., ...L.. :f �� ?�J < f :->::c<�:� '.}•<�'• �h�,7. n".•'f ;�.p 4.ri�•i•X.�%.,• :;:f.....a....R•.r,:.rn.. ty �+ .c•^::.....R.^.f•:�.. ..'•.:-, �,{..} ... r. , ,...{; .., .._..` • �9.�'/7r 39l•"�+.+.k�m K. r,1.� �.. �'r/44°�S ':i��.ro}y. .fr .: ../:. :n:,-'•• ..�., .!J.`.}}f c,.J:•:+JY. hti•� .,. .. r .. ..... .I.. .,..r :Y. ,,.4 r }fir• A l•,�}}..•5..1:...il' •:!� .R�r.f u�� ...ri.i�' ,.•ffS,.4Y.. .rY::•::w:.r:../�. ;$'„>'f.. . ,..d.3+c'.. ,. .. .. ..,, .• ^4 .. 9�•: !l„+.;�y: .f JAS �., ;,fr ••! ,.%���> .•<. � Y.:•r.,.•::,o...r.. .,c2{r�9',«,. <'% rr>kr•:: ..�: ! i�%>�#Y<' v , .,. :v r,.{•:•: ry..r.' r: •• Y ,••..v•.4r..- f•./.�:... 4.p:/:,../..:! ^'fil•::r ,� 2' •rr nr•{.y.. v'W'Y �f',,: ff' Lllr'-�$': r.-, .J ..... .. .,.. ' .^:•.�r�.'•'F.... .4.•J.�.•.vfif-i:J':+/. .l..Kl. ..•`Y✓• rt r'{.... ”%Y/•Sr ,�A-'M,•.^v'v./i/ .���rr/�,�� �. • Ia •>.'. },:..} f .,. ^. ::!-:;G'.}. �• <Y., r ...... .........,..'�ff?. �•r-.........,.:•:x>:........ ..!•�'.r:.... :.}l/,r- % '✓•>f:, :2wr:}' J. ,J .Fi7'%lK:�/i: ,w' .. %�d!�.c ../.x^'_ . ltr .... .. •.2. r ..r.. .{eR• >,,✓, v ., .. ,r......:.• •::r.,.{. :!'?` (� y •r. %Y .4:. ••r'G» #>{,�..'±arY'.r r.�.2Y�'<y:�,..:•. .:Y'•r .y,.(....rfjs-+.; .al..... ivY . k. ..t> ... aG : ...?.,..} .. r: : .. ��vr v:. :Y^•,.•�':.^•Yr«•:f?:. ^� _'`/j:•�•: �., Y y{,,�:`/�' 2�.�� .7,1f' .�. .r•v!•,,/ '.'f.-%h� .S!{4.:'•S':.C.; 4.v ....,. ! .. f,....L ,. .:.s..r.£ ,. :....v..<,< ,f,r5:>..,..•. l.r .. �:r J.:. '•. .,\+, ��f� ,.:ii'+:+f?!:/rs ).4%.,+>`,',f•. .,'��}' �F:'%r.:/.,�d.•v/ .'3:qv. v Y. .:.rYs .,l.. ,�/,�./ r::........,;!r'cv.... � -:-,v.r., H^., .,,}.y3�,�+,.,c.,,Y ,.> r!b.-.. ! .,• . .,:S � ,r,., ,p• :4r•r:x R{•:�f i{.:r:S<YX'Y,:�....,�.......'k£:�2ti'-r':!•.R+�>s ..r 1!r r,9:r/l. .� +'�.J:?y� �.Y2?rf+!r E:}0'c- r.x./,...,..rx...r+^3f`...1�.�.. .., ^t•.:.s<o4,a•-ti5/.Y4yT�%� ..}!.�•Sl:••..., !.,.Sfi'.'.Rr/,{,?. ,�F�,,,P .:,,J r � ,.,i>:�,�p.,...;r;•.',�3,}+&+q^...�~.,�.�{:3"•fi^tk��r..A�:N::i�i.-. .,r�.,.;�.::-,.a,,^,v.:�:i:`%-XS"<r.•••:r..,- .rr+; •.•l: J: '�a'�+'•r.'�'�'r v3?2,'!!r .S::•wrrrf.J.:r.rrk,.!•s�... s'f�. ,!:.. ...., f7!y��+ ���,x..v,r�'�'-t.':/;:Y,:.�.::..r2 c��. .,..:�. 9,.."�.l?,C ..J�'F5c' , :• r5}.,;.�,:. a-.:•rF.G:r.v.t,!r-::�!Y :•.t.J.4Y%2::�»R,:..r.l ...;2'•i:�`;c:-,�:r ..-'s&•.r .f�slxir....-,b.`: ^ ,•�f{.v ..,� d !xr^ Y�:,,$«j;" °A ,Yr{.: fi r^r' R:x.•.i.'< '!'!�"J'4' y,✓, (�y��,�n�£i"'.w.Ck ':.r, -.6..x•:�'l.'Y :<4-<y!•'3'-.•�•... ..✓-, .. Thero ert is buildable. The exception meets the intent and purposes of p p y this code. Granting the exception constitutes the minimum [no change] to allow the proposed improvement. The conditions on thero ert are unique and The conditions on the property are unique such p p y effectivelydenyimprovement. that strict adherence to this ordinance would p cause an unnecessary hardship, which substantially limits the preservation and enjoyment of property rights. The exception does not constitute a granting of The exception imposes conditions so as not to g ivil p special privilege, and does not substitute for constitute a granting of special privilege. creative design. The exception is necessary to adapt the [deleted] improvement to the land. That the exception will not negatively impact That the exception will not be materially the community, the neighborhood or the public detrimental to persons residing in the vicinity,to welfare. adjacent property, to the neighborhood or the public welfare in general. been replaced because the original wording#1 has p g conflicts with standard #3 if thero ert is buildable, conditions on it could not deny improvement. The replacement p p y language ensures that the exception is reviewed with consideration for the intent of the Code as shown at the beginning of Chapter 15. Standard #2 has not been changed though this could be deleted because it is in the intent section of the Code and thus, covered by proposed finding #1 Standard #3 has been modified so that it is achievable typically some improvement to a property is alwayspossible. The original phrase "conditions on the property are unique" has p y been supplemented with a combination of the wording used by the State statute and the TOWN OF ORO VALLEY —OUNCIL COMMUNICATION Page 3 of 3 L Zoning Code Section 1-709 C regarding the findings to be used by the Board of Adjustment (see Exhibit B). Standard #4 has been changed in the recognition that all exceptions could be considered a granting of special privileges. The additional, qualifying wording comes from the same State statute and Zoning Code Section 1-709 D. The phrase "and does not substitute for creative design" has been deleted because of its extreme subjectivity and because many of those things which are considered creative design are covered in the intent and purposes sections of the Code (proposed finding#1). The original Standard #5 has been deleted because this standard is a restatement of other standards. The "exception is necessary" is covered by proposed condition #3 and "adapt the improvement to the land" is in the intent section of the Code and thus, covered by proposed finding #1. The original standard #6 has been changed in the recognition that all exceptions could be considered to have some negative impact and therefore it is necessary to further qualify the negative impact. The proposed wording ("materially detrimental") comes from the Zoning Code Section 1-709 E and mirrors the wording in the "Scope" section of exceptions, section 15-501 A. Staff also considered the comments from the Commission study session that the DRB should declare on the findings during their vote. No additional changes were made to the ordinance in this regard because the Board procedures were changed about three years ago to ensure that the Board should provide the rationale for the majority vote in their minutes. It is Staff's opinion that this is best handled by following the Council-approved Board procedures. Others Other amendments delete unnecessary submittal requirements and change wording to match the proposed new fee schedule. ATTACHMENTS: 1. Exhibit A Proposed Amendments to the Grading Code, OVZCR Chapter 15 2. Exhibit B Examples of Findings Regulations for Variances. State Statut- and Zoning Code F:\OV\OV7\2001\03\Grading Code Changes TC 040401.doc Plann _� . 'd Zoni g Administrator Co unity Deve •ment Director 1/ Town Manager --- --- EXHIBITA --- --- CHAPTER 15 GRADING ORDINANCE ARTICLE 15-1. PURPOSE AND INTENT Sec. 15-101 Purpose Sec. 15-102 Intent ARTICLE 15-2 APPLICABILITY Sec. 15-201 Type 1 Grading Permit Defined Sec. 15-202 Type 2 Grading Permit Defined Sec. 15-203 Type 3 Grading Permit Defined Sec. 15-204 Exemptions ARTICLE 15-3 SUBMITTALS AND PROCEDURES FOR TYPES 1,2 AND 3 GRADING PERMITS Sec. 15-301 Type 1 Grading Permits Sec. 15-302 Type 2 Grading Permits Sec. 15-303 Type 3 Grading Permits ARTICLE 15-4 GENERAL GRADING REQUIREMENTS AND NOTES Sec. 15-401 Cut and Fill Limitations Sec. 15-402 Site Revegetation and Stabilization Sec. 15-403 Driveways Sec. 15-404 Slope Setbacks Sec. 15-405 Restriction of Slope Development Sec. 15-406 Erosion Control Systems Sec. 15-407 Import and Export of Earth Material Sec. 15-408 Hours of Grading Operations Sec. 15-409 Phased Grading Sec. 15-410 Restriction of Vehicles Sec. 15-411 Additional Requirements ARTICLE 15-5 VARIANCE AND REQUEST FOR INTERPRETATION PROCEDURES Sec. 15-501 Exceptions ' Sec. 15-502 Appeals from Administrative Decisions ARTICLE 15-6 GRADING PERMIT AUTHORIZATION, LIABILITY, ENFORCEMENT& PENALTIES Sec. 15-601 Authorization to Proceed with Work Sec. 15-602 Liability Sec. 15-603 Enforcement Sec. 15-604 Stop Work Orders Sec. 15-605 Citations Sec. 15-606 Penalties ILLUSTRATIONS 15-1A. Cut/Fill/Setbacks 15-1B. Building Height 15-1C. Site Improvement Standard (1) A Drainage Pattern (2) C Drainage Pattern 15-1D. Terracing/Drainage Oro Valley Zoning Code Revised GRADING ORDINANCE ARTICLE 15-1 PURPOSE AND INTENT OF THIS ORDINANCE Sec. 15-101 Purpose The purpose of this ordinance is to provide for the public health, safety, and general welfare and to protect and preserve the aesthetics of the natural environment through regulation of all types of excavation and earthwork on private and/or public land. The grading regulations contained in this ordinance are designed to: A. Regulate the development of potentially hazardous terrain; and B. Preserve, where possible, or recreate the natural contours, the native vegetation and the visual character of the site in harmony with the surrounding terrain; and C. Enhance the quality and value of new development; and D. Maintain property rights and property values of adjacent developed and undeveloped parcels. Sec. 15-102 Intent The regulations, as set forth in this ordinance, have been prepared in the context of Oro Valley's specific desert environment. They are intended to complement the applicable provisions of the Hillside Development Zone and the Floodplain Management Ordinance, and not to authorize any grading activity prohibited by this ordinance or any Town ordinance. The intent of this grading ordinance is to assure that the design and implementation of all grading projects shall: A. Avoid scarring and other adverse visual impacts resulting from cut, fill and any other type of ground disturbance; and B. Blend with the natural contours of the land; and C. Restrict the areas of disturbance and volume of material displaced to the minimum amount necessary to implement the planned development; and D. Limit mass grading to residential subdivisions with an average lot size of-1-015,000 square feet or less; and E. Employ measures that: 1. Ensure that graded hillside, slopes or other areas subject to erosion are stabilized; and 2. Reduce the erosion effects of storm water discharge, preserve the flood-carrying capacity of natural or constructed waterways by limiting soil loss, and protect drainageways from siltation; and 3. Minimize dust pollution and surface water drainage from graded areas during grading and development; and Oro Valley Zoning Code Revised GRADING ORDINANCE 4. Ensure that proposed development activity is designed and implemented to avoid adverse impacts and appropriate restorative measures; and 5. Encourage phased projects, to preserve natural contours and vegetative communities until such time as grading must necessarily occur on a site. ARTICLE 15-2 APPLICABILITY This ordinance shall apply to all grading operation for which applications were received subsequent to its adoption date (August 19, 1998), unless exempted by Section 15-204 below. If a conflict between this and any other Town ordinance exists, the more restrictive shall apply. This grading ordinance shall not be construed to prevent the enforcement of other laws that prescribe more restrictive limitations, nor shall the provisions of this ordinance be presumed to waive any limitations imposed by other Town ordinances. The design, implementation and mitigation of grading regulated by this ordinance shall be reviewed prior to the issuance of any grading permit, to ensure full compliance with the regulations, requirements and specific standards as set forth herein. Grading permits must be obtained, after plan approval, as follows: Sec. 15-201 Type I Grading Permit A Type I Grading Permit is required for the following: A. A residential development on a single lot, other than those defined as Type 2 or 3. B. Alteration of existing stabilized sloped of 3:1 or greater, on a residential lot. C. Addition of paved areas such as concrete or asphalt, in excess of 1,000 square feet on a residential lot. D. Import and stockpiling of 100 cubic yards or more of earthen materials on a residential lot. E. Clearing vegetation from a residential lot, which encompasses an area of 1,000 square feet or more. Sec. 15-202 Type 2 Grading Permit A Type 2 Grading Permit is required for any new public or private street or roadway, a commercial, office or resort project, or any residential development consisting of more than two platted lots. NOTE: Mass grading, , shall be permitted only-for new residential subdivisions only under the following conditions: A. , The average lot size of-is 10,000 square feet or less_ (R1-10, R1-7, SDH-6 zoning B. The average lot size is more than 10,000 square feet up to 15,000 square feet and areas within the lots are preserved as natural undisturbed o•en seace. The area to be 'reserved must be at an area e•ual to at least 50% of the total lot area •reater than 10 000 s•uare feet multi•lied b the number of lots. The areas to preserved shall be located to supplement other natural areas, preserve significant vegetation, and break up the mass graded areas into clusters. C. . es -.. --. •,... _,... - - - - . _. - . • The average lot size is Oro Valley Zoning Code Revised GRADING ORDINANCE more than 10 000 s•uare feet and mass •radin• is allowed b_an Exemption—Exception I pursuant to Section 15-501. Sec. 15-203 Type 3 Grading Permit A Type 3 Grading Permit is required for stockpiling of earthen materials. A Type 3 grading permit shall be required for the installation of utilities and other infrastructure for which a Type 2 grading permit is not required. Utility and other infrastructure installation confined to the Town of Oro Valley right-of-way and requiring a right-of-way permit will not be required to obtain a Type 3 grading permit. However, a grading plan pursuant to Section 15-301.A. shall accompany the right-of-way permit application. he Town may waive the requirements for the grading plan should staff determine that the scope of the grading activity does not warrant such a plan. Sec. 15-204 Exemptions to this Ordinance The following activities are exempted from this ordinance: A. The clearing, brushing or grubbing for activities exempted in this subsection; B. Stockpiling of less than 100 cubic yards of uncompacted earth material; C. Resurfacing or maintenance of an existing paved surface; D. New pavement of less than 1,000 square feet; E. Individual sewage disposal system with a Pima County Department of Environmental Quality permit; F. Excavation below finished grade for a basement, foundation, wall or swimming pool authorized by a building permit or zoning construction permit; G. Excavation below existing_grade for any sto of a structure as Ion• as the finished grade immediately outside the structure meets all other cut and fill limitations. G:H. Exploratory excavation under the direction of a Soil Engineer or Engineering Geologist provided all excavation is property backfilled. Whenever possible, such exploratory excavation and testing shall be conducted only in areas which have been previously disturbed; -I. Archaeological exploration conducted under state permit by a qualified archaeologist; 1-J. Removal of selected individual plants for storage and replanting; JK. Grading for the maintenance of an existing private access, road or driveway, provided that it either existed prior to adoption of, or was established in conformance with, this ordinance. ARTICLE 15-3 SUBMITTALS AND PROCEDURES FOR TYPES 1, 2 AND 3 GRADING PERMITS Sec. 15-301 Type I Grading Permits A Type I grading Permit requires a completed grading permit application, a grading plan and soils report. Oro Valley Zoning Code Revised GRADING ORDINANCE A hydrology study and Floodplain Use Permit may be required when deemed necessary by the Town. A. Type I Grading Plan Requirements 1. Plan submittal shall be in the form of one set of right reading sepias, and shall be drawn to a 1" = 20" scale. 2. Grading plans shall be prepared by a qualified, registered professional per the latest revision of the Codes and Rules of the Arizona State Board of Technical Registration • •__ , £ _ __ e -•e---e= _ __ where 15% or greater slopes occur on a lot and/or where the average cross-slope of the building pad is greater than 6%. On parcels or lots with 15% or steeper slo.es the a..licant shall submit a slo.e and soils anal sis report prepared by a registrant qualified in accordance with the above criterion. The report is necessary to determine that construction on the sloes can be accom.lished in a safe manner, and that grading activity and the finished product will not create a hazard to the landowner nor create a hazard or nuisance to adjacent property owners. At a minimum, said report shall provide a foundation design. maximum slope of cut and fill slope stabilization methods, suggest construction methods to minimize disturbance to the slo.e and .rovide a desi.n for draina.e and erosion control facilities to be installed during and after construction. 3. Plans shall include topography on 1 foot or 2 foot contour intervals, tied to a recognized benchmark, as prepared by a Civil Engineer or Registered Land Surveyor. 4. The exterior boundaries of the site, including length of property lines and bearings. 5. Include location of all existing and proposed utilities. 6. Show location of existing streets or easements, and proposed point of entry and access roads to the grading site. 7n Show the existing and proposed finished grades of the area to be graded, including spot elevations and/or revised contours. 8. Indicate the extent of graded areas, shaded and labeled "Graded Area", and location of structures to be constructed. 9. The existing grade at the primary building corners of all structures and proposed finished floor elevations; and the proposed building heights, shown to conform withto height restrictions as specified in the Town Zoning Code. • a a e• •: e •e e : - - -- - -- aa .•: e: •:•e e • a*: _•e , ••e 1-1,10. The location and type of proposed mitigative measures such as revegetation, priprap or retaining walls. Slope interceptor drains shall be a part of the submittal design when slopes exceed 2:1 and when slopes in excess of 1.5:1 terminate at the top of retaining walls. 1-2,11. An interim (temporary) erosion control plan per Section 15-406 shall be submitted with the permit application and grading plan. The interim erosion control devices shall be installed Oro Valley Zoning Code Revised GRADING ORDINANCE prior to commencement of grading activity. 1-3712. Details showing mitigative measures where driveways cross natural or constructed drainageways (where applicable). 13. Sectional cuts through proposed structures on a line erpendicular to the slope maybe required to better illustrate the plan. B. Type 1 Grading Permit Application and Review The Grading Permit application, grading plan, and other required materials shall be submitted for review to the Town or Oro Valley. The Grading Permit application shall be completed and signed by the owner or owner's authorized representative. A fee shall accom•an the a••lication and an resubmittals in accordance with the fee schedule adopted by the Town Council. The grading plan will be reviewed for consistency with the applicable regulations and standards, and if approved, a grading permit will be issued. Thee _e••e et. ••• ••_ e: °___:e • _e e e•_ _e•.• .e•_ __ Town may issue the grading permit with additional conditions as deemed necessary. If determined to be inadequate, the materials submitted will be returned for corrections. The applicant may resubmit, , corrected plans, or materials necessary to conform to submittal requirements. C. Type I Grading Permit Issuance and Expiration Upon issuance of a grading permit, a copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site. A grading permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance. D. Type I Grading Permit Extensions and Reapplication Upon written request by the permit holder, the Town may grant a single extension up to 180 days. Requests must be submitted prior to the date of expiration. Longer extensions may be granted to complete archeological work in accordance with Section 15-411 D. Consideration will be given to extension requests when quantifiable evidence is submitted. A reapplication for a grading permit shall be treated as a new application,—Mees and additional conditions may be imposed as a result. E. Type I Inspections Pre-grading (when required by subdivision plat notes): The inspector will verify limitations for building pad and other areas to be graded, and identify vegetation required to be salvaged. The grading limitations must be staked or otherwise clearly identified prior to inspection. Oro Valley Zoning Code Revised GRADING ORDINANCE Rough grading (to be done prior to construction of residence): The inspector will verify grading to be within limitations of approved plans. Certification of the building pad elevation by a registered land surveyor or civil engineer shall be presented to the inspector at this time. Final grading (to be done prior to final building inspection): The inspector will verify that all prescriptive requirements of the approved grading/site plan have been satisfied. F. Type I Incomplete Final Grading; Temporary Occupancy In the event that the final grading cannot be completed in its entirety, an assurance, in a form acceptable to the Town, may be posted to allow inspection and occupancy of the residence. This assurance shall be in an amount equivalent to 120% of the cost to complete the work as shown on the approved grading plan and/or in compliance with this ordinance. A cashier's check made payable to the Town of Oro Valley is an acceptable form of assurance for this purpose. The determination of the cost of the remaining work shall be by bids acquired by the permittee. The building official shall make the final judgement as to the adequacy of the assurance amount. If the balance of the work has not been completed within 120 days of the date of the temporary certificate of occupancy, the Town may use the assurance to complete the work. When an assurance is to be posted as a temporary substitute for a final grading inspection, it will still be necessary to have adequate drainage away from the structure. In addition, temporary or permanent means of preventing silting onto public rights-of-way will be required. Sec. 15-302 Type 2 Grading Permits A Type 2 grading permit application requires a grading plan (prepared by or under the supervision of a registered civil engineer) approved by the Town, soils report, and a completed grading permit application. Where applicable and not otherwise submitted, drainage improvement plans shall be required also. A. Type 2 Grading Plan Requirements: All Type 2 grading plan submittals must address, or include, the following information: 1. The existing and proposed finished grade contours prepared by a qualified professional per the latest revision of the Codes and Rules of the Arizona State Board of Technical Registration , or sufficient spot elevations for construction and drainage flow determinations (with additional information pursuant to Section 15-302.A.2, below, if applicable) of the area to be graded, one or two-foot contour intervals for slopes up to 15 percent. All slopes over 15 percent shall be identified on the grading plan. Said plan shall be prepared at a scale of 1" =40' unless some other scale is approved by Town staff. 2. The extent of graded areas shall be clearly identified and labeled "graded area" and where structures are to be constructed, the following shall be included on the plan: a. Spot elevations shall be shown for finished grade within the building envelope; and b. All building pads shall be labeled/identified, showing the existing grade at the Oro Valley Zoning Code Revised GRADING ORDINANCE primary building corners, and proposed finished floor elevations; and c. To ensure adequate drainage on individual mass graded lots and to minimize the effects of drainage on individual single family residences (SFR), the minimum finished floor elevation (FEE) for a SFR shall be determined as follows: A difference of ten (10) inches plus 1°/0 shall be established between the drainage discharge (low) point on the property line and the FFE for the corner of the SFR farthest from said low point. See illustration 15-1.C. 3. The general topography for 100 feet beyond the perimeter of the site, or as specified by the Town. A description of the interim (temporary) erosion and storm water pollution mitigation and drainage control methods to be used, including elevations, dimensions, quantities and locations must be provided. Such controls must remain in place, and be maintained during the entire grading operation and until such time as the project is complete and the site permanently stabilized to the satisfaction of the Town. Also see Section 15-406. 4. The exterior boundaries of the site, the basis of bearing and a benchmark to establish the vertical datum. 5. The extent and manner of preserving, relocating, clearing and disposing of vegetation. 6. The final ground cover, revegetation, erosion control and proposed methods for cut or fill stabilization, based upon the soil report, and in compliance with the approved landscape/buffer yard plans. 7. Access roads, haul routes and points-of-entry to the grading site. 8. If drainage improvement plans have not been submitted separately, or if interim drainage conditions exist because of project phasing, plans for: a. drainage or other protective devices to be constructed as part of the grading; b. The drainage area and estimated runoff of the area served by drains. 9. A letter from either the Arizona State Museum, the State Historic Preservation Office, or an archeologist registered with the Arizona State Museum stating the probability of archeological resources being discovered on the site, and the agency or individuals recommendation as to whether an archeological survey is needed. Should a survey be required, the results shall be submitted to the Town. 10. The off-site disposal location and estimated quantity of earth material to be removed from the site during grading. 11. For all sites subject to coverage by the National Pollution Discharge Elimination System (NPDES) Permit, a copy of the "NOTICE OF INTENT" of industrial activity, filed with the United States Environmental Protection Agency (EPA) shall be provided. Additionally, a copy of, or a description of, the"STORMWATER POLLUTION PREVENTION PLAN" required by EPA shall be provided. 12. The grading plan submitted shall (if applicable) conform to rezoning site analysis, any Oro Valley Zoning Code Revised GRADING ORDINANCE conditions placed on rezoning (if applicable) and any conditions imposed on development plan, preliminary or final plat approval. 13. A professional per the latest revision of the Codes and Rules of the Arizona State Board of Technical Registration •-. -- e e •= e - • •= =e•- -• shall seal the grading plan. 14. The applicant shall pay appropriate review fees adopted by Town Council Resolution. B. Type 2 Soils Report Requirements 1. The report shall contain all geotechnical engineering information and recommendations applicable to the project and shall be sealed by the soil engineer prior to submittal. The minimum geotechnical information to be included in the report is as follows: a. Soil stability, angle or shear, and maximum recommended slope ratio of all proposed cuts or fill; b. Erosion vulnerability of all graded areas and created slopes; c. Storm water siltation potential of soils for all graded areas and created slopes; d. Description of soil constraints on the structural design of all foundations, footings and walls; e. Recommended compaction treatment of all fill areas; f. Identification of any potentially hazardous geotechnical areas where construction is proposed; g. For all graded areas utilizing slope treatments other than those is Sec 15-401, the report shall include the rRecommended treatment for stability, erosion and siltation contro e _ e _e:e _ :__ _• _ :_ : _ e e h. Determination of a pavement design section for roads, driveways and parking areas; Soil classification and design bearing capacity shall be included in the soil report for all areas where structures are proposed. 2. The civil engineer or qualified registrant responsible for preparing the grading plan shall adhere to recommendations of, and make reference to, the soils report in the grading plan and statement. Report recommendations shall become conditions of the grading permit. 3. The applicant's project soils engineer shall provide to the Building Official, a copy of the soils report and -e• :_ :__ - •_ _e• • ••_soil test results that confirm the foundation sub-base requirements have been met. C. Type 2 Grading Permit Application 1. The grading permit application, grading plan and other required materials shall be Oro Valley Zoning Code Revised GRADING ORDINANCE submitted to the Town for review and approval. 2. The grading permit application shall be completed and signed by the property owner or his/her authorized representative. 3 Permit fees are payable to the Town in accordance with the fee schedule adopted by the Town Council. 4. At the discretion of the Town, grading assurances may be required in the form of assurance or other security acceptable to the Town. In the event that grading is not completed as approved, the assurances may be applied to: a. eliminate potential hazardous conditions; or b. mitigate the effects of dust, drainage, erosion, visual scars or hazardous conditions in a manner acceptable to the Town. D. Type 2 Grading Permit Application Review 1. Grading plans and related submittals will be reviewed concurrent with the final plat or development plan (submitted after DRB approval), plant salvage and landscape plan for the project. 2. Grading plans, soils and drainage reports will be reviewed for consistency with applicable regulations and standards, plant salvage and landscape plans and any conditions imposed upon rezoning, development plan or subdivision plat approval. Plans determined to be inadequate or incomplete will be returned for correction and resubmittal. Where inconsistency between plans is evident, the appropriate plan will be resubmitted for review and approval. 3 The Town will provide written review comments and/or redlined plans to the applicant upon review. Should the grading plans need to be submitted three (3) or more times for review by the Town, the applicant shall be required to pay an additional review fee at the time of the third, and each subsequent resubmittal of the grading plans for review by the Town. 4. Prior to approval of the grading plan, soils report and drainage report, the Town may inspect the site to determine that the submittals are current and reflect existing conditions. 5. The Town shall require the plans and specifications to be modified to make them consistent with this code and/or any prior conditions placed upon approval of the project. A grading permit may be issued with additional conditions. 6. When the grading plans (and improvement plans) meet applicable Town codes to the satisfaction of the Town, the Town Community Development Director or his/her designee will sign the approval block on said plans. E. Preliminary Grading Plan 1. A preliminary grading plan shall be submitted concurrently with the initial submittal of a preliminary plat and development plans. Oro Valley Zoning Code Revised GRADING ORDINANCE 2. The preliminary grading plan shall provide (but is not necessarily limited to)the following: a. Limits of grading b. Estimated maximum height of cuts and fills c. Finished slope for cuts and fill d. Existing topography at a minimum 2 foot contour interval e. Sufficient spot elevations (or contour lines)for proposed graded areas f. Other information as required by the Town based on conditions particular to the property proposed for development. F. Type 2 Grading Permit Issuance and Expiration 1. Issuance: _ _- •- -: •• _ ••_ •e. e: ___:- - •: - •: The Town may not issue grading_permits until the Town Council has approved the final plat or development plan and the necessary assurances have been posted. A copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site. The following list includes, but is not limited to, the items required to be approved or on file with the Town prior to issuance of the grading permit: a. Proof of review fee payment b. Soils report c. Salvage per approved salvage plan d. Landscape plan/landscape assurances e. Hydrology report f. Proof of submmital of EPA N.O.I. in accordance with U.S. g. Environmental Protection Agency requirements h. Storm Water Pollution Prevention Plan Grading Permit application j. Approved improvement plans k. Archeological Clearance Letter mI. Pavement design report 41-m. Copies of recorded easement/letters of agreement o:n. Executed assurances- 2. Expiration: A grading permit shall be null and void if the authorized work has not been completed within 12 months of permit issuance. 3. At the discretion of the Town, a preliminary Type 2 grading permit may be issued prior to final plat or development plan approval by the Town Council for the purposes of clearing, brushing and grubbing only, provided: a. The Town staff has reviewed the grading plans and determined that said plan is viable; and b. The preliminary grading will occur in accordance with the approved preliminary grading plan (Section 15-302E) and no clearing, brushing or grubbing will take place within 25 feet from the boundaries of the future development envelope, exclusive of approved entry points; and Oro Valley Zoning Code Revised GRADING ORDINANCE c. Restoration assurance for the preliminary grading are collected pursuant to Article 4-9, Oro Valley Zoning Code Revised, prior to issuance of the preliminary permit; and d. The Town has received a copy of an archeological clearance letter; and Town staff members responsible for signing/approving the preliminary grading permit concur with issuance of the preliminary grading permit. G. Type 2 Grading Permit Extension and Reapplication Upon written request by the permit holder, the Town may grant a single extension of up to 180 days. Requests must be submitted prior to the date of expiration. Longer extensions may be granted to complete archeological work in accordance with Section 15-411 D. Consideration will be given to extension requests when quantifiable evidence is submitted. A reapplication (after the one time extension) for a grading permit shall be treated as a new application and additional conditions may be imposed as a result. H. Changes to Type 2 Grading Permits 1. Hazardous conditions: If drainage problems, flood hazards or other hazards occur, the Town may require that engineering modifications be submitted in a report and that the grading design be modified. 2. Non-hazardous conditions: If unanticipated non-hazardous conditions are encountered during grading, which are beyond the scope of the grading permit, the permit holder may request engineering modifications in a report to be reviewed and approved by the Town. Type 2 General Inspections 1. e _.... -,_ -: _ e _:•.. .- . . ,_ --=- . . .The Town will inspect all grading which requires a Type 2 grading permit. The grading permit applicant(or applicant's representative) shall request that a representative of the Town inspect or be on site for the following: a. Limits of grading and temporary fencing to protect natural areas; and b. Rough grading to be done prior to construction of the project. The inspector will verify grading to be within the limitations of approved plans. Certification of the building pad elevation by a registered land surveyor or civil engineer shall be presented to the inspector at this time; and c. Aggregate base course (ABC) material prior to paving and during compaction testing of the same; and d. Paving of public and private streets and compaction/material testing of the same; and e. Open water line (and other utilities as specified by the Town) trenches and backfill materials prior to burial of trench; and Oro Valley Zoning Code Revised GRADING ORDINANCE f. Any grading activity in addition to what was approved on the grading plans; and g. Stockpiling areas on or off-site; and h. Any specific grading activities or areas identified by the Town at the pre- construction meeting (held between staff and the contractor at the time of permit issuance) or during the course of construction activities; and Any on-site and off-site compaction testing or asphalt coring. 2. The permit holder shall provide the Town with an inspection request notification at least 24 (preferably 48) hours prior to (or as specified on the grading permit) the time the inspection is needed. 3. The Town will provide an inspector within two (2)working days from the time the inspection request is received, with the exception of the final grading inspection done in conjunction with the release of assurance. 4. The final grading inspection shall be done with the release of assurances for civil work or finalization of the project. Final grading inspections may be warranted at an earlier point in the project process. 5. If the Town finds site conditions are not as stated in the approved grading permit conditions or approved grading plan, the Town may order work authorized by the grading permit to stop pursuant to Sections 15-603 through 15-606. 6. Whenever grading work requiring Town inspection is concealed by additional work without first having been inspected, the Town may require by written notice, that such work is: a. Exposed, for inspection by the Town, at no cost to the Town; or b. Certified by the project civil engineer as being in conformance with approved plans and applicable regulations. J. Type 2 Final Grading Inspection 1. All required grading work shall be completed in accordance with the grading permit prior to final grading inspection by the Town and full release of assurances or final release of the project. 2. Where conditions of a grading permit or grading plan include the establishment of vegetation or other final site grading work that extends beyond the expiration of the grading permit, the Town will make inspections per Sec. 14-210 of the Oro Valley Zoning Code Revised. K. Type 2 Maintenance of Revegetation The Maintenance of revegetated areas shall be in accordance with Section 14-211, Oro Valley Zoning Code Revised. Oro Valley Zoning Code Revised GRADING ORDINANCE Sec. 15-303 Type 3 Grading Permit A Type 3 grading permit is required to ensure restoration of areas disturbed by the installation of utilities or other infrastructure not associated with a plat or development plan. A Type 3 grading permit is also required to stockpile fill material. A Type 3 grading permit application requires a grading plan and additional plans or permits, when deemed necessary by the Town. A. Type 3 Grading Plan Requirements 1. The plan shall be drawn to a minimum 1" = 40' scale, unless the Town approves another scale prior to submittal. 2. Approximate topography 1' or 2' intervals. 3. The plan shall show the location of the site relative to subdivisions, parcel boundaries, roads, washes, and other geographic features as necessary to locate the project site. 4. Show the extent of proposed grading activity. 5. Show the type and location of temporary erosion and drainage control devices. Also see Section 15-406. 6. Show the type and location of permanent restoration and erosion control measures. 7. Provide a narrative of the work to be done, temporary erosion and damage control to be implemented, permanent restoration of the site, and start and completion date of the project. In the case of material left as a stockpile, include the source of the fill and the proposed stockpile height(not to exceed 6'). C. Type 3 Grading Permit Application and Review Upon issuance of a grading permit, a copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site. A grading permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance. D. Type 3 Grading Permit Extension and Reapplication Upon written request by the permit holder, the Town may grant a single extension up to 180-days. Requests must be submitted prior to the date of expiration. Longer extensions may be granted to complete archeological work in accordance with Section 15-411 D. Consideration will be given to extension requests when quantifiable evidence is submitted. A reapplication for a grading permit shall be treated as a new application and additional conditions may be imposed as a result. E. Type 3 Grading Permit Inspections 1. Prior to commencement of grading (or stockpiling), the Town shall inspect the site where said activity is to occur. The applicant shall clearly identify areas to be graded (or earthen Oro Valley Zoning Code Revised GRADING ORDINANCE material stockpiled). Vegetation to be salvaged shall be identified. 2. During construction/grading activity, the Town may occasionally inspect to ensure erosion/drainage control measures are in place, functional and maintained. 3. Upon completion of grading activity, the Town shall inspect to verify that all prescriptive requirements of the approved grading plan and permit have been satisfied. The Town will do a similar inspection upon removal of stockpiled material. ARTICLE 15-4 GENERAL GRADING REQUIREMENTS AND NOTES Sec. 15-401 Cut and Fill Limitations Cut and fill slopes shall meet the following requirements: A. The maximum depth of a cut or fill shall not exceed six (6) feet measured vertically from the existing grade to the finished elevation. The depth of a cut or fill slope may be increased to 8' when terracing is utilized in conformance with Illustration 15-1.D. The terraces shall be landscaped to the satisfaction of the Town. For any construction, the height of exposed, constructed slopes shall not exceed twelve (12) feet in vertical dimension. Should a PAD (Planned Area Development), existing at the time of adoption of this ordinance, have conflicting cut and fill limitations, the PAD limitations shall govern grading operations within the PAD area. B. Cut or fill slopes 3:1 (horizontal:vertical) or less steep shall be revegetated. e •_• e e • •e• a •: e • e e•: •• . 'e• a _e••e e: ••• . At the Town's discretion, the Town may retain sufficient funds from the restoration or landscape assurance to ensure revegetation of slopes again, should the initial revegetation efforts fail to become established to the satisfaction of the Town. C. Cut or fill slopes 2:1 or less steep (but steeper than 3:1) shall be rock edriprapped with filter fabric installed beneath the rock. Filter fabrics used shall meet specifications found in the latest edition of the "Pima County—City of Tucson Standard Specifications for Public Improvements)". D. Cut or fill slopes steeper than 2:1 shall have grouted apriprap or retaining walls as appropriate. No slope shall exceed 1:1. E. Alternative methods of stabilization may be allowed if in accordance with a registered geotechnical (soils) engineer's recommendation and approved by the Town. F. Fill shall be compacted and soil tested in accordance with a soil engineer's recommendations and compaction tests shall be presented to the Town for the permanent record. G. Any structure used to retain slopes shall be designed to blend with the surrounding natural colors of the native rock and soils of the site. The surface shall be rough textured with heavy shadow patterns, which may be achieved by color-treated or veneered surfaces (or other methods approved by the Town). Oro Valley Zoning Code Revised GRADING ORDINANCE H. It shall be unlawful to dump or push dirt of any quantity over an existing slope (unless approved as part of a Type 1, 2 or 3 Grading Plan). Sec. 15-402 Site Revegetation and Stabilization A. All graded areas, except those to be used for agriculture or livestock purposes, shall be revegetated, stabilized and/or constructed prior to the expiration of the grading permit. Should the graded area not be revegetated and/or stabilized per approved grading plans or permit conditions at the time of expiration, the applicant shall have sixty days from the date of permit expiration to revegetate and/or stabilize per approved plans and permit conditions. If after the 60-60-day period, the applicant has not revegetated and/or stabilized graded areas, the applicant is in violation of this ordinance. The Town may use the posted restoration assurance to restore the native vegetative community or complete the revegetation and stabilization per the approved grading plan. B. The applicant shall provide the Town with an assurance in a form approved by the Town (See Sec. 4-903) equal to 120% of the monetary amount necessary to hydroseed and revegetate cut/fill slopes or graded areas. Said assurance shall be posted e e •- e -. =-- -- • - - •e• :_•e:• - e e•:_ °- '• e :e, prior to any site disturbance. The assurance shall be held until such time as the grading operation, infrastructure installation, building construction is completed to the satisfaction of the Town, or until such time as the project is deemed abandoned. If, after 12 months from the date of commencement of work, revegetation efforts fail to establish growth to the satisfaction of the Town, the Town may use the assurances to revegetate or apply other erosion control methods to cut/fill slopes or the graded area. Upon request by the applicant, an inspection will be performed by the Town for consideration of the release of the restoration assurance. •= • - '•-e:- -• -•- e: - •e -•- e:. All subs inspections will be per the fee schedule adopted by the Town. Sec. 15-403 Driveways All driveways shall be paved with a durable asphalt, concrete, brick, aggregate or other surface that will maintain a dust free condition. Sec, 15-404 Slope Setback The Town may increase the following slope setbacks, if considered necessary for safety or stability, or to prevent possible damage from water, soil or debris: A. Top of cut slope: The top of cut slopes shall be made not nearer to a site boundary line than one- fifth (1/5) of the vertical height of cut, with a minimum of two (2)feet. The setback may need to be increased for any required interceptor drains. B. Toe of fill slope: The toe of fill slope shall be made not nearer to the site boundary line than one- half(1/2) the height of the slope, with a minimum of two (2) feet. C. Building: Buildings shall be set back from the toe and top of slopes in accordance with the building codes (minimum 5 feet, see Illustration 15-1.A) and the approved soils report. In addition, the building setbacks of the applicable zoning district shall apply. Oro Valley Zoning Code Revised GRADING ORDINANCE D. Rights-of-way: The required setback of a slope toe adjacent to a public right-of-way may be reduced with the approval of the Town, if there will be no adverse effect and: a. easements are not required, or b. retaining walls are used. Sec. 15-405 Restriction of Slope Development For the purposes of this ordinance a re•ulated sloe is one that has a minimum vertical difference of 6 feet from its toe to top edge and the regulated sloped area extends for a distance greater than thirty (30) feet in any horizontal direction. New subdivisions shall not create lots where access to any individual lot requires crossing a naturally occurring slope that is 25% or steeper. Nor shall new subdivisions be created where the actual building area for homes or buildings would require grading activity on slopes of 25% or steeper. _•e _• _0. _ ••_- _ e - •_• ••• _11 -- •., _• '.- • -• _ !• -- •e•. The design for new subdivisions shall be created to avoid construction on naturally occurring slopes 15% or greater. e •= : : aa. - _ - - _0. e e -_ = ee: •_ ..- •_ •-- - - _ !.- • - e _ •_. .•. — .• _a • . • _ -• _ 'dba. On parcels or lots with 15% or steeper slopes, any grading on said slopes shall be consistent with restrictions in the Oro Valley Zoning Code Revised, Hillside Development Zone, Article 10-1 of the Oro Valley Zoning Code Revised. _-- _•_ - - e e- _•e _ —•— -e e. - _-_ Sec. 15-406 Erosion Control Systems A. Permanent Systems: 1. Permanent erosion control measures shall be implemented and property maintained to prevent erosion of slopes, and cleared, brushed, grubbed or graded areas. 2. Where cut slopes are not subject to erosion due to the erosion-resistant character of the native materials, erosion control may be omitted upon approval by the Town. 3. Stabilization devices to prevent erosion or sediment deposition on off-site property may be required by the Town. 4. The shoulders of a paved public or private roadway shall be protected against erosion wherever curbing or constructed spillways are not provided. 5. Surface drainage: a. Cut and fill slopes shall be protected from erosion by surface drainage with Oro Valley Zoning Code Revised GRADING ORDINANCE appropriately designed methods (e.g. surface drainage interceptors); b. Drainage control shall be provided to keep drainage away from foundations; c. Any grading activities within a regulatory floodplain shall comply with I the Oro Valley Floodplain Management Ordinance. d. Subsurface drainage: Should subsurface drainage be encountered or expected by the soils engineer or the Town, then appropriate measures shall be employed to ensure stability and protection of affected properties from ground water seepage. Methods used to minimize impact by subsurface drainage/seepage shall be approved by the Town prior to installation. B. Interim Systems: Plans for interim erosion control systems shall be submitted with all grading permit applications and shall be approved by the Town. Erosion control measures shall be implemented and properly maintained to prevent erosion of slopes, and cleared, brushed, grubbed or graded areas. Stabilization devices to prevent erosion or sediment deposition on adjacent roads and off-site property shall be required. The applicant shall be responsible for the control of dust emissions and shall use appropriate dust control measures. Applicants who are required to submit an U.S.E.P.A. Notice of Intent(NOI) for coverage under the National Pollution Discharge Elimination System (NPDES) for their project shall provide a copy of the NOI and the Storm Water Pollution Prevention Plan (SWPPP) to the Town prior to issuance of a grading permit. Sec. 15-407 Import and Export of Earth Material A. Loading of earth material shall occur only within the time limits of Subsection 15-408 below, and dust emissions shall be controlled through appropriate dust control measures. B. The transportation of earth material on or across public rights-of-way shall be done in a manner that minimizes blowing soil and other hazards. Sec. 15-408 Hours of Grading A. Grading equipment operation within one-half(1/2) mile of an occupied residential structure shall only be conducted between 6:00 a.m. and sunset Monday through Friday. Grading equipment operation shall only be conducted between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays and Sundays. B. Equipment maintenance involving lights, motors or generators, and occurring within 600 feet of an occupied residential structure, shall not be conducted after sunset, noror before 6:00 a.m. C. The Town may allow grading equipment operation or maintenance during other hours, if such operations are not detrimental to the health, safety or welfare of the residents of surrounding properties. D. Permitted hours of operation or maintenance may be shortened by written notice to the permittee, if the Town finds a substantial adverse effect on the health, safety or welfare of the surrounding community. Oro Valley Zoning Code Revised GRADING ORDINANCE Sec. 15-409 Phased Grading For all subdivisions containing 75 lots or more, with an average lot size of less than 10,000 square feet, a phased grading concept plan shall be required with the preliminary plat submittal. The Development Review Board shall review this plan. The Development Review Board shall forward their recommendation to the Town Council for their consideration. For all projects 10 acres or larger requiring development plans, a phased grading concept plan shall be required with the preliminary submittal. This plan shall be reviewed by the Development Review Board and approved by the Town Council. In considering the phased grading plans, the Development Review Board will review documentation and testimony leading to the following: • A balance in cut and fills, • Efficient installation of infrastructure, • Minimal need for stockpiling earthen material for more than six (6) months, • Minimize the time that graded areas remain exposed, preferably not more than one (1) year. Sec. 15-410 Restriction of Vehicles A. No vehicles or equipment shall encroach onto areas designated to remain in a natural state on the approved final plat, development plan, grading, landscape or native plant salvage plans. B. Points-of-entry to the site during grading shall be only as designated on the approved grading plan. C. Access roads to the site during grading shall be only as designated on the approved grading plan. Sec. 15-411 Additional Requirements A. During grading, and until revegetation or stabilization has taken place, dust shall be minimized through application of approved dust controls in accordance with Section 13-603 of the Oro Valley Zoning Code Revised. B. Public rights-of-way, sidewalks and other improvements shall be maintained during grading in a neat and clean condition, free of loose soil, mud, construction debris and trash. Any damaged areas shall be restored to original appearance at no cost to the Town of Oro Valley. C. Debris, fill or equipment shall not be stored within a public right-of-way without a right-of-way use permit from the Town. D. If applicable, archaeological exploration and mitigation work, as recommended by a qualified archaeologist (see Sec. 15-301A.10), shall be performed prior to commencement of grading operations on the affected portion of the site. If, during the grading phase of construction, unexpected archaeological findings are encountered, said grading shall cease and the grading permit shall be temporarily suspended until the significance of said finding is determined and mitigation is provided by a qualified archeologist. The analysis of any finds shall be provided to the Town prior to reactivation of the grading permit, granting occupancy permits or release of Assurances. The expiration date of a reactivated grading permit may be extended for a period Oro Valley Zoning Code Revised GRADING ORDINANCE equal to the time of suspension necessary to complete archeological work. E. Adjoining property(ies) shall be protected in such a manner as to prevent damage to said property(ies). Protection from caving, settlement and other similar occurrences shall be the responsibility of the permittee (see Sec. 15-602, Liability). ARTICLE 15-5 EXCEPTIONS AND INTERPRETATION REVIEW Sec. 15-501 Exceptions A. Scope: An exception from a provision of this Grading Ordinance may be applied for, and may be granted by the Town of Oro Valley Development Review Board when the intent of this ordinance can be met by other means and when strict application of these provisions could require unnecessary disturbance to the land, would create a hazard to adjacent property, would be materially detrimental to persons residing in the vicinity or would be materially detrimental to the public welfare in general. B. n a sFindings: The Development Review Board (DRB) will review all applications for grading exceptions at scheduled public hearings. When reviewing requests for grading exceptions, the DRB shall find that the request is in substantial compliance with the findings listed below. •_ :- - .._ . _ . • _ ._ . - -= - . 1. The exception meets the intent and purposes of this code ; an 2. Granting the exception constitutes the minimum to allow the proposed improvement, and 3. The conditions on the property are unique -•e =•=- • = -=• ••• - =••=•.such that strict adherence to this ordinance would cause an unnecessary hardship which substantially limits the preservation and en.oment of •ro•ert ri•hts;-and 4. The exception e e=- •e -e•-• - = - e -• ••e e - - . • • =.=, -•- imposes conditions so as not to constitute a granting of special privilege e e:- •e" -- - • - = e - =- = design; and •e• •- - r e e •: •••e a -••-• a •_ _•e; _•e 6,5. That the exception will not be material detrimental to persons residin• in the vicinit to ad'acent property, the-community,-to the neighborhood or the public welfare in general. C. Conditions: At the Development Review Board's discretion, conditions may be imposed on the exception that will: 1. Assure that the intent and purpose of this chapter are met; and 2. Provide adequately for the protection of surrounding property owners and residents; and 3. Provide mitigation of scarring and restore the site to a natural appearance in terms of contours and vegetation, where possible. Oro Valley Zoning Code Revised GRADING ORDINANCE D. Application: The request for exceptions shall be made on a form provided by the Town and may be heard within 60 days. Hearing fees shall be required. E. Review and notice: The Development Review Board will hold a duly noticed public hearing on the exception request and notice of the hearing will be mailed to all property owners within 300 feet of the grading site prior to such hearing. F. A decision of the Development Review Board may be appealed within 20 days of the decision to the Mayor and Council. Sec. 15-502 Requests for Interpretation A. Scope: Upon request, the appropriate Town representative shall render an interpretation of the regulations of the Chapter. Should any person be aggrieved of said interpretation, a request for review of that interpretation may be made to the Development Review Board. At a subsequent meeting, the Development Review Board shall review the interpretation in the matter and render its decision, either to uphold the interpretation, or to make a different interpretation of this Chapter. B. The request for review of an interpretation shall cite: 1. The disputed interpretation; 2. The words alleged to have been misinterpreted. C. Application: The request shall be made on a form provided by the Planning &Zoning Department and will be heard within 60 days. Hearing fees shall be required. D. Review and notice: The Development Review Board will hold a public hearing on the interpretation issue and notice of the hearing will be mailed to the applicant and any other interested, affected party(ies), subject to the Community Development Director approval. ARTICLE 15-6 GRADING PERMIT AUTHORIZATION, LIABILITY, ENFORCEMENT AND PENALTIES Sec. 15-601 Authorization to Proceed with Work The issuance of a grading permit shall constitute an authorization to do only that :e -• •: -ee •-- •-• - •: e= ••• - -• •: -• =work that is described or illustrated on the application for the permit, or on the site plans and specifications as approved by the Town. The issuance of a permit, or the approval of drawings and specifications shall not be construed to be a permit for, nor the approval of, any violation of, or deviation from, the provisions of this or any other Town ordinance, code or regulation. A permit issued shall become invalid if, in the work completed, a violation of this article or deviation therefrom ensued. When such violation occurs, the permit shall be deemed to be canceled and the ground shall be restored to the condition it was in prior to start of the grading work. The issuance of a permit, based upon drawings and specifications, shall not prevent the Town from thereafter requiring the correction of errors in said drawings and specifications, or from stopping unlawful construction operations being carried on thereunder. The Town may require grading operations and project designs be modified if weather-generated problems occur that were not considered at the time the grading permit was issued. Oro Valley Zoning Code Revised GRADING ORDINANCE Sec. 15-602 Liability Neither the issuance of a permit under the provisions of this ordinance, nor the compliance with provisions hereof, or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the Town for damage to other persons or property. Sec. 15-603 Enforcement A. The enforcement of this Grading Ordinance and conditions of the grading permit shall be in accordance with this section. B. If the Town makes a determination that non-compliance with the conditions of the grading permit, or any condition imposed by rezoning, plat or plan approval exists, the Town may issue a stop- work order and/or citation. Further, the Town shall hold in abeyance, by written notice, any/all town review of other submittals related to the subject project and the issuance of Town permits for any aspect of it until remedial actions have received the written approval of the Town. Sec. 15-604 Stop-Work Orders Whenever the Town determines that grading does not comply with this ordinance or the grading permit conditions, or that the soil or conditions are not as stated on the permit, the Town may order the work stopped by written notice served on any person engaged in doing or causing such work to be done, and/or issue a citation. Any such person shall immediately stop such work until written authorization is granted by the Town to proceed with the work. Sec. 15-605 Citations If deemed necessary and appropriate, citations for grading violations may be issued. The Planning and Zoning Administrator will issue the citation • - _--=- e •= _e••••_•• != = • .. . •. =- e . The Town Engineer shall co-sign citations issued for grading violations occurring within Town right-of-way. Sec. 15-606 Penalties A. Failure to obtain a grading permit: Unless exempted by this ordinance, failure to obtain a grading permit prior to commencement of grading shall be a violation of this ordinance. However, the Town may issue an exception permit if the Town finds that an emergency existed that made it impossible first to obtain a permit. B. Violations: A violation of this ordinance may result in issuance by the Town of a stop-work order and/or a citation and penalties in accordance with paragraph C of this section. Payment of fine shall not relieve any person from complying with the requirements of this ordinance. C. Penalties: Failure to comply with the approved grading plan, conditions of the grading permit, and/or grading not in compliance with this ordinance shall cause immediate revocation of all permits. At the Town's discretion, a permit may be issued for the purposes of getting the illegally graded site into compliance with the grading ordinance, for the purposes of re-establishing the grades approved on the grading plan, and for replacing and maintaining protected native plant Oro Valley Zoning Code Revised GRADING ORDINANCE materials or public property destroyed as a result of the illegal grading operation. New permits for continuing the project shall not be issued until the required fines are paid to the Town. The Planning and Zoning Administrator, upon consultation with the Town Engineer and/or qualified registrants in the landscaping or construction trades, shall recommend the extent of the restorative fines, based on the following: 1. Cubic yards of material, plus labor, to re-establish grades approved to the plan; 2. Replacement of protected native trees destroyed -$30.00 per caliper inch (measured 1 foot above the ground level (see addendum H to Article 14-1); 3. Saguaro Cacti -$200 per foot; 4. Other protected native cacti -$300 per specimen, 5. Material and labor to re-construct/repair damage to public property. Determination of restorative fines for grading violations, pursuant to this section, shall be based upon the type, size, density, distribution, and condition of plant materials destroyed in the act of violating the grading permit requirements; upon the amount of earthwork required to restore the area; and, upon the amount of repair necessary to public property where the violation occurred. Fines invoked for the destruction of native vegetation, as outlined above, may be determined upon inspection of the remains of the destroyed plant materials or other physical evidence as may be available. In addition to restorative fines, punitive fines may also be levied. Said punitive fines may be in excess of$100,000. Oro Valley Zoning Code Revised EXHIBIT B FINDINGS REGULATIONS FOR VARIANCES STATEMENT ON FINDINGS FROM ARS 9-462.06 (the State Statute enabling the Board of Adjustment) The Board of Adjustment shall decide appeals for variances from the zoning code if, because of special circumstances applicable to the property, including its shape, topography, location, or surroundings, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the property is located. ZONING CODE EXCERPT RELATED TO BOARD OF ADJUSTMENT FINDINGS Sec. 1-709 Findings A variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence: A. That there are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district; and B. That special circumstances were not created by the owner or applicant; and C. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and D. That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and E. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general. 4 TOWN OF ORO VALLEY COUNCIL STUDY SESSION MEETING DATE: MARCH 26,2001 TO: HONORABLE MAYOR & COUNCIL FROM: Brent Sinclair, AICP, Community Development Director SUBJECT: Naranja Master Plan Schedule and Organization PROPOSED SCHEDULE March 16 Short-list firms April 5-6 Interviews with short-list firms April 6 Select consultant April 9-20 Negotiate contract April 30 CompleteTask Force member recommendations May 2 Council approval of contract Council approval of Task Force membership May/June Kick-off Master Plan July 2002 ? Conclude Master Plan process October 2002 ? Council acceptance of Master Plan PROPOSED ORGANIZATIONAL STRUCTURE Attached are two examples of an organizational structure or chart that could be used for the Naranja Master Plan process. Obviously, these are not the only two as there could be different variations of the same theme. While there are similarities between the two, the structure suggested by Council Member Johnson utilizes an executive committee comprised of Task Force members. The merits of each of these approaches can be presented at the study session. Act Community Development Director own Man. .er NARANJA TOWN SITE MASTER PLAN TASK FORCE CONSULTANT TOWN COUNCIL EXECUTIVE COMMITTEE (5-6 Task Force Members) TASK FORCE MEMBERS Community Development Director Parks and Recreation Administrator Public Works Director Police Chief Parks Advisory Board Member GOVAC Council Member Town Council Member Planning&Zoning Commission Member Development Review Board Member Budget and Bond Committee Member Monterra Resident Copper Creek Resident Monte Del Oro Resident Copper Creek Resident Citizen-at-large PUBLIC PUBLIC INTERESTS STAFF NARANJA TOWN SITE MASTER PLAN Town Council Public Input --I Task Force Naranja Task Sub Committees Force Interest � Town Group Input Sub Committees Project Coordinator/Manager Consultant Staff Team Support —I 0 0 0 op so so C-) 0 C ) = 71 7:I 71 ....5 CD 0 0 0 CI) itt) so so 7v 0_ 0. fas 5:1) 0. CD0 a) p r- 0) D 70 "'S � D � a� D � -ET al �' � mss' 0 a) = 0 = 0 0 = C) = 0 C)...r. 0 C7 CD —1 = .... cn CD CD CD . Cl) � Cl) � Cl) p 0 aC0 8 0• a• ea Z M * 0_ cu I < iii ='; = a 3 O FIT (A X > 0 -a -0 ...< 0 CI) 73 eat- CD -#...3._- im 3 = —U' 0 CD C C 70 eis) CI) �- CD cp = cn e--�• n p E CD a Eh C-13 Z CD CO (i) SU 0 4611‹CD -5.-__(.0 -13 r �' ' C ig 0 % �-_�,. \-1_ a - )---t--) , cn - -----1 — =,..-„, ---3)-----1 , 1- r. „.._,,, ----_, ,,, .L., 44 n ----- ,..y- .., ., ,_____, ,i, Cp10 %- CD .'. .F_'') / 0 !,-, ) likk e * .7----4' -I ,....i _(---.,_,, /17777,..---_,.. ...7-3---.P----4-1-5: 70 CD Ir".-. (4... --I = 0 71) (----7,- i 0 = sl) 0 ......, „., ciTh _.,...1_,,, > _ o ....1 " -,----' 41 'c, ..c. ax- ' - :I . --1.-6 < L..?2'':'?,1.--Td.''-""--- 11L,1\ % \ - ;:,----" .:7. k ,__, - I _,,,,,,,,'--"L' A. Cli k---/- < ) "i. -- (I) tl) -- -----'1: ' 1 8- ' 37,3 ,-- a) u) , ,... ., eL r CD 3 0 ,„--- (D 4.,,. ili. i C _ jr° CD � ti 1