Oro Valley City Zoning Code
CHAPTER 26
Subdivision and Site Plans
Section 26.1 Purpose and Intent
The purpose of this Chapter is to provide for the orderly growth and harmonious development of the Town; to ensure adequate traffic circulation through coordinated street systems with relation to major thoroughfares, adjoining subdivisions and public facilities; to achieve individual property lots of reason- able utility and livability; to secure adequate provisions for water supply, drainage, sanitary sewerage and other health requirements; to ensure consideration for adequate sites for schools, recreation areas and other public facilities; to promote the conveyance of land by accurate legal description; and to provide logical procedures for the achievement of this purpose.
In its interpretation and application, the provisions of this Chapter are intended to provide a common ground of understanding and equitable working relationship between public and private interests to the end that both independent and mutual objectives can be achieved in the subdivision of land.
Section 26.2 Design Standards
A. Conformity with Existing Plans, Ordinances and Laws
Every subdivision shall conform to the objectives of any related plan adopted by the Town Council. Every subdivision shall also conform to the Zoning Code and to other ordinances and regulations of the Town and to the Arizona Revised Statutes.
((O)16-16, 12/07/16)
B. Dedications for Public Purposes
Where the tract to be subdivided contains all or any part of the site of a park, trail, school, flood control facility or other public area as shown on a plan approved by the Town Council, such site shall be dedicated to the public or reserved for acquisition by the public within a specified period of time. An agreement shall be reached between the subdivider and the appropriate public agency regarding time, method and cost of such acquisition.
C. Subdivision of Unsuitable Land
Land which is subject to periodic flooding, land which cannot be properly drained or other land which, in the opinion of the Town Council, is unsuitable for subdivision use shall not be subdivided; except that the Town Council may approve subdivision of such land upon receipt of evidence from the Town Engineer that the construction of specific improvements can be expected to render the land suitable; thereafter, construction upon such land shall be prohibited until the specified improvements have been planned and construction guaranteed.
((O)16-16, 12/07/16)
D. Subdivision of Land within the Hillside Development Zone
Where the tract to be subdivided is located in whole or in part within the Hillside Development Zone, design and development shall follow the standards and requirements of Addendum I or Section 27.10, as applicable.
((O)16-16, 12/07/16)
E. Naming and Signage of Streets
1. All naming and signage of streets shall conform to Pima County’s Addressing Ordinance and Policies, Sections 18.83.060 through 18.83.080.
2. Street names shall be so arranged as to be clearly visible from intersecting street directions.
3. The subdivider shall propose the street names subject to the approval by the Planning and Zoning Commission at the preliminary plat stage.
((O)22-09, 10/05/22; (O)17-05, 06/07/17; (O)16-16, 12/07/16; 6/11 supplement, 06/11)
F. Street Location and Arrangement
Street location and arrangement shall conform to the following general principles:
1. Whenever a tract to be subdivided embraces any part of a street designated in an adopted Town transportation plan, such street shall be platted in conformance therewith.
2. Street layout shall provide for the continuation of such streets as the Development Committee may designate.
3. Certain proposed streets within the tract shall be extended to the tract boundaries to enable connection to existing streets or to future streets in the unplatted areas. Additionally, paved access shall be provided to the development from existing vehicular streets as specified by the Town Engineer and approved by the Town Council.
4. Local streets shall be so arranged as to discourage their use by through traffic.
5. Where a proposed subdivision abuts or contains an existing or proposed arterial route, the Development Committee may require frontage streets or reverse frontage with no-access easements along the arterial route or such other treatment as may be justified for protection of residential properties from nuisance and hazard of high-volume traffic and to preserve the traffic function of the arterial route.
6. Where a subdivision abuts or contains the right-of-way of a railroad, a limited access highway or an irrigation canal, or abuts a commercial or industrial land use, the Development Commit- tee may recommend location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for appropriate use of the intervening land. Such distance shall be determined with due regard for approach grades, drainage, bridges or future grade separations.
7. Streets shall be so arranged in relation to existing topography as to produce desirable lots of maximum utility and streets of reasonable gradient and to facilitate adequate drainage.
8. Half-streets shall be discouraged except where necessary to provide right-of-way required by the Town streets and highway plans, to complete a street pattern already begun or to ensure reasonable development of a number of adjoining parcels. Where there exists a platted half- street abutting the tract to be subdivided and said half-street furnishes the sole access to residential lots, the remaining half shall be platted within the street.
G. Street Design Standards
All streets shall be designed in accordance with the Oro Valley Subdivision Street Standards, except for cross-sections applicable to any approved Planned Area Development.
((O)16-16, 12/07/16)
H. Block Design Principles
Block design shall conform to the following general principles:
1. Maximum length of blocks measured along the centerline of the street and between intersecting street centerlines shall be one thousand five hundred (1,500) feet; except that in development with lot areas averaging one-half (1/2) acre or more, where conditions warrant, the maximum length may be two thousand (2,000) feet. Blocks shall be as long as reasonably possible under the circumstances within the above maximums in order to achieve depth and possible street economy and to reduce the expense and safety hazard arising from excessive street intersections.
2. Maximum length of cul-de-sac streets shall be six hundred (600) feet measured from the inter- section of right-of-way lines to extreme depth of the turning circle along the street centerline. Exceptions may be made where topography, adjacent platting or other unusual conditions justify such. No exception shall be made merely because the tract has restrictive boundary dimensions wherein provisions should be made for extension of street patterns to the adjoining unplatted parcel and a temporary turnaround installed.
3. Pedestrian and bikeways with rights-of-way of eight (8) feet or greater may be required where essential for circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. Pedestrian and bikeways may be used for utility purposes.
((O)16-16, 12/07/16)
I. Lot Planning Procedures
1. Lot width, depth, and area shall comply with the minimum requirements of the zoning regulations and shall be appropriate for the location and character of development proposed and for the type and extent of street and utility improvements being installed.
2. Where unusual topography, unusual soil conditions, drainage problems, abrupt changes in land use or heavy traffic on adjacent streets prevail, the Development Committee may make special lot width, depth and area requirements which exceed the minimum requirements of the particular zoning district.
3. Proposed streets shall be arranged in close relation to existing topography. Where steep topography prevails, as in the platting of Hillside Development Zone subdivisions, and where street grades must, of necessity, reach or exceed the standard requirement, the requirements of the Town of Oro Valley Subdivision Street Standards shall be followed.
4. The depth-width ratio of the usable area of the lot shall not be greater than three to one (3:1).
5. Minimum front building lines shall conform to the minimum requirements of the zoning regulations.
6. Side lot lines shall be substantially at right angles or radial to street lines except where other treatment may be justified in the opinion of the Development Committee.
7. Every lot shall abut upon a public street furnishing satisfactory access thereto.
8. Single-family residential lots extending through the block and having frontage on two (2) parallel streets shall not be permitted; backing of lots to thoroughfares shall be prohibited except where expressly permitted in accordance with subsection I.7 of this section or where justified in the opinion of the Development Committee.
((O)16-16, 12/07/16)
J. Landscaping in Subdivisions
All open areas shall be landscaped by the subdivider at his expense. All landscaping shall be supplied and installed according to the approved landscape plan.
((O)11-15, 05/18/11)
K. Utility Easements
1. Easements for utilities shall be provided as necessary to adequately construct and maintain the utilities.
2. For lots facing on curvilinear streets, utility easements or alleys may consist of a series of straight lines with point of deflection not less than one hundred twenty (120) feet apart. Points of deflection should always occur at the junction of side and rear lot lines on the side of the exterior angle. Curvilinear easements or alleys may be provided, providing that the minimum radius for the alley or easement shall be not less than eight hundred (800) feet, except that four hundred fifty (450) foot radius curves may be allowed where there are adequate provisions for utilities.
3. Where a stream or important surface drainage course abuts or crosses the tract, dedication of a public drainage easement of a width sufficient to permit widening, deepening, relocating or protecting the water course shall be required.
4. Land within a public street or drainage easement or land within a utility easement for major power transmission lines or pipelines shall not be considered a part of the minimum required lot area except where lots exceed one (1) acre in area. This shall not be construed as applicable to land involved in utility easements for distribution or service purposes.
L. Address Standards
1. It is the purpose of this section to provide for, through joint Town-County action (Town Resolution No. 267), uniformity in street naming and numerical addressing, facilitating emergency vehicle response, elimination of inconsistencies and duplication of street names, and other practices resulting in addressing difficulties and establishing the authority for the creation of addresses to property and improvements within the jurisdictional boundaries of the Town through the adoption and enforcement of Pima County’s Addressing Ordinance and Policies, Chapter 18.83, and all future amendments thereto, along with the following additional provisions:
a. All of the signage in this Code shall be placed so that mature landscape will not obscure it.
((O)22-09, 10/05/22)
Section 26.3 Required Improvements
A. Purpose
It is the purpose of this section to establish, in outline, the minimum acceptable standards for improvement of public streets and utilities, to define the responsibility of the subdivider in the planning, constructing and financing of public improvements and to establish procedures for, and approval of, engineering plans.
B. Improvements: Subdivider’s Responsibility
All improvements required in streets, alleys or easements that are required as a condition to plat approval are the responsibility of the subdivider provided, however, that he may be allowed to meet the requirements by participation in an improvement district approved by the Town.
C. Engineering Plans
1. It is the responsibility of the subdivider to have prepared by a registered civil engineer, registered in the State of Arizona, a complete set of engineering plans, satisfactory to the Town Engineer, for construction of required improvements. Such plans shall be based on the approved preliminary plat and be prepared in conjunction with the final plat.
2. Engineering plans shall be approved by the Town Engineer prior to Town Council approval of the final plat.
D. Construction and Inspection
1. All relocation, filing, and reconstruction of facilities shall be constructed to standards of the owning utility and Town Engineer.
2. All improvements in the public right-of-way shall be constructed under the inspection and approval of the Town Engineer.
3. All underground utilities to be installed in streets shall be constructed prior to the surfacing of such street. Service stubs for underground utilities to platted lots within the subdivision shall be placed in such manner that will not require road cuts or tunneling beneath existing street improvements when service connections are made.
E. Improvements: Plan Review Fees
1. The purpose of the plan review is to insure that all plans conform to sound engineering concepts as well as conforming to the general development of the Town of Oro Valley.
2. Plan review shall not remove any engineering responsibility from the developing engineer.
F. Street and Alley Improvements
All streets and alleys adjacent and within subdivisions shall be graded and surfaced to cross-sections, grades and standards according to the “Standard Specifications, Standard Details and Design Standards” of the Town of Oro Valley and approved by the Town Engineer. Dead end streets serving more than 4 lots shall be provided with a graded and surfaced temporary turning circle.
G. Street Name Signs
Signs shall be placed at all street intersections and be in place by the time the street pavement is ready for use. Specifications for design, construction, location and installation shall be in accordance with approved Town of Oro Valley standards. If the intersection contains a public street, fabrication and installation of the completed sign unit shall be by the Town. The total cost of installation shall be on record with the Town Engineer and this cost shall be borne by the subdivider. The subdivider may elect to have the Oro Valley Streets and Roads Department install street name signs at intersections containing only private streets at the current Town cost on file with the Town Engineer. The total cost of said installation shall be borne by the subdivider.
H. Storm Drainage
Proper and adequate provisions shall be made for disposal of storm waters. The requirements of this Section shall apply equally to grading of private property and public streets. Existing major watercourses shall be dedicated as drainageways or easements. The type, extent, location and capacity of the drainage channels shall meet the approval of the Town Engineer and shall be constructed in accordance with plans approved by the Town Engineer.
I. Sanitary Sewage Disposal
Sewage disposal facilities shall be installed to serve each lot and be subject to Pima County Health Department and/or Pima County Wastewater Management standards.
J. Water Supply
Each lot shall be supplied with safe, pure and potable water in sufficient volume and pressure for domestic use and fire protection in accordance with Town standards. Fire hydrants shall be installed in accordance with current Town standards at locations designated by the Fire Department and approved by the Town Engineer at the expense of the subdivider.
K. Survey Monuments
Permanent monuments shall be installed in accordance with current Town standards at all corners, angle points and point of curves and all street intersections. After all improvements have been installed, a registered land surveyor or civil engineer shall check the location of monuments and certify their accuracy.
L. Lot Corners
Iron pipe or round reinforced steel bars not less than 1/2 inch in diameter shall be set at all corners, angle points and points of curve for each lot within the subdivision prior to the recording of the plat except that the Development Committee may approve delay where topographic or construction conditions make it necessary.
M. Street Lights
Street lights shall be installed, if required, as designated by the Town Engineer, in accordance with the Town standards. All lights shall be installed on metal standards with fixtures and standards and layout approved by the Town Engineer. All of the above improvements shall be installed at the expense of the subdivider.
N. Utilities: Electric and Telephone
1. All electric lines and all telephone lines necessary to serve the subdivision shall be installed underground unless, upon recommendation of the Town Engineer, the Town Council finds it is impractical to do so.
2. The subdivider shall be responsible for the requirements of this Section and shall make the necessary arrangements with each of the public utility companies involved for the installation of underground facilities. Letters from each of the public utility companies indicating that the arrangements have been made shall be submitted to the Planning and Zoning Administrator at the time the final subdivision plat is filed.
Section 26.4 Modifications of Subdivision Regulations
A. Extraordinary Conditions
When, in the opinion of the Town Council, there exist extraordinary conditions of topography, land ownership or adjacent development or other circumstances not provided for in these regulations, the Town Council may, upon recommendation by the Planning and Zoning Commission, modify these regulations in such manner and to such extent as it may deem appropriate to the public interest.
B. Subdivisions as Complete Community or Neighborhood
In the case of a plan and program for a complete community or a complete neighborhood, the Town Council may, upon recommendation by the Planning and Zoning Commission, modify these regulations in such a manner as appears necessary and desirable to provide adequate space and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, including dedication of property to the Town for sites for schools, parks and other necessary public facilities and which also provides such protective covenants, deed restrictions or other legal provisions as will assure conformity to, and achievement of, the plan.
C. Additional Requirements for Modification
In modifying the standards or requirements of these regulations, as outlined above, the Town Council may make such additional requirements as appear necessary, in its judgment, to secure substantially the objectives of the standards or requirements so modified.
Section 26.5 Provision of Recreation Area
A. Applicability
The provision of recreational facilities shall be required of all residential subdivisions, multifamily or mixed-use developments, except those located within the R1-36, R1-43, R1-144, and R1-300 Zoning Districts, unless utilizing the lot size reduction flexible design option enabled by Section 27.10.
B. Recreation Area Plan Submittal and Approval
1. The developer shall submit a landscape and recreation area plan as part of the preliminary plat or development plan submittal package. The recreation area shall include the minimum improvements for recreational purposes as required by subsection D of this section.
2. The landscape and recreation area plan shall be subject to recommendation by the Planning and Zoning Commission and approval from the Town Council, concurrently with the preliminary plat or development plan.
3. Repealed by (O)23-04.
4. Homeowners’ association or property management requests to modify existing facilities and amenities are subject to the following:
a. Modifications deemed necessary and beneficial to provide for the recreational needs of residents that maintain parity with the quantity and type of amenities previously approved are reviewed and may be approved by the Parks and Recreation Director (recreation areas dedicated to the Town only) and the Planning and Zoning Administrator (private recreation areas).
b. Conformance to the provisions of this code.
C. Recreation Area Standards
1. The minimum amount of recreation area and private outdoor space are established in Table 26-1 and subject to the following:
a. Recreation areas shall be provided in no more than two (2) common areas unless further distribution is approved by Town Council due to any of the following:
i. Special circumstances such as size, shape or topography apply to the property.
ii. The distance from residents the recreation area is serving meets or exceeds the requirements in subsection C.2 of this section.
iii. The variety of amenities provided meets or exceeds the requirements in subsection D of this section.
b. Recreation areas shall not be narrower than sixty (60) feet wide at any given point unless approved by Town Council due to any of the following:
i. The recreation area is a trail or linear park.
ii. Special circumstances such as size, shape or topography apply to the property.
c. A rezoning or master development plan that results in more than one residential subdivision shall provide shared recreation areas to:
i. Maximize space to cluster amenities.
ii. Locate in a convenient area that is accessible to all residents from the associated subdivisions.
d. Linear parks, as defined by this code and described in subsection D.2.h of this section, are acceptable as a portion of recreation areas when they serve to improve access to amenities and open space networks.
Table 26-1. Recreation Area Standards
Housing Type | Minimum Recreation Requirements | Minimum Recreation Requirements Applicable to Rezoning Applications |
|---|---|---|
Dwelling units, single-family | 512 sf per unit | 900 sf per unit |
Dwelling units, attached, including townhomes or patio homes | 512 sf per unit | 900 sf per unit |
400 sf per unit | 400 sf per unit | |
A tot lot is required for apartment complexes that have 20 or more 2+ bedroom units, unless the complex is age-restricted for seniors. | ||
An indoor recreational facility is required for apartment complexes with 50 units or more. | ||
e. In lieu of constructing the required recreation area, residential subdivisions, multifamily or mixed-use developments requiring one-quarter (1/4) acre or less must provide a fee per subsection F.1.a of this section.
2. Recreation area(s) shall be usable and accessible by all residents within the intended service area. The location of recreation area(s) shall meet all of the following:
a. Position within one-half (1/2) mile, or a ten (10) minute walk from all residents it is intended to serve.
b. Create a central focal space that is highly visible for gatherings, and passive and active activities.
c. Accessible via sidewalk, walking path, trail, bicycle or shared use path by all residents within the subdivision, multifamily or mixed-use development and subject to the following:
i. At least one access route to the recreation area shall comply with the provisions of the Americans with Disabilities Act (ADA).
ii. Access routes shall be shown on the recreation area plan.
d. Comply with the following crime prevention through environmental design (CPTED) elements:
i. Natural surveillance – emphasis on visibility of the recreational facilities, also known as “eyes on the street,” to deter unauthorized users and activities.
ii. Access control – use of design elements to deny entrance to recreational facilities to unauthorized users and activities.
3. Passive recreation areas should be located within proximity to natural open space areas and/or conserved, environmentally sensitive lands.
4. Recreation areas shall not include land such as peaks, ridges, land fragments, land restricted by Town policy, condition or ordinance, and land determined unusable for recreational purposes by Town Council.
5. Shallow retention basins (flood-prone areas) may be approved for use as recreation areas subject to recommendations by the Town Engineer and Planning and Zoning Administrator.
D. Recreation Improvements and Amenities
1. Trails
a. In cases where a recreation area lies adjacent to a trail identified within the Eastern Pima County Trails System Master Plan and/or the Oro Valley Trails Map and their subsequent updates, a connection shall be provided between the recreation area and said trail.
b. Trails and associated signage shall be constructed in accordance with the Pima regional trail system master plan standards, in consultation with the Town’s Park and Recreation Department, and subject to the following:
i. Trails shall be positioned in a manner to avoid native vegetation and minimize the potential of erosion.
ii. Trails shall be constructed to ensure minimal maintenance.
iii. All trail easements must be a minimum of twenty-five (25) feet wide, unless otherwise approved by the Parks and Recreation Director.
iv. Trails shall be designated for permanent, nonmotorized use, unless otherwise approved by the Parks and Recreation Director.
c. Maintenance of private trails is the responsibility of the homeowners’ association or property management company.
d. Detailed designs shall be provided within the landscape and recreation area plan and construction plans to include the following:
i. Surface treatment.
ii. Erosion control measures.
iii. Placement of signage per subsection D.5 of this section.
2. Recreation Area Improvements and Amenities
a. Detailed designs shall be provided for each proposed amenity with the landscape and recreation area plan.
b. Equipment installed within the recreation areas shall comply with the provisions of the Americans with Disabilities Act (ADA).
c. If provided, restroom facilities shall be located in a highly visible area and shall be free of shrubs that reach a mature height greater than three (3) feet.
d. Recreation area improvements shall be appropriate to the anticipated needs of residents. Areas must include a variety of amenities to support residents of all ages and abilities.
e. Each recreation area must include the following amenities, at a minimum:
i. Seating such as a bench, picnic table, or other similar amenity.
ii. Trash receptacle and/or pet waste station.
iv. Shading provided by built structures, or combination of built structures and natural vegetation.
v. Pedestrian connectivity between all amenities.
vi. One (1) active and one (1) passive amenity as specified in Table 26-2 first one-half (1/2) acre or portion thereof.
a) For every additional one-half (1/2) acre (rounded to the nearest half), an additional passive and active amenity shall be provided.
b) A maximum of five (5) passive and three (3) active amenities are permitted within a single recreation area, unless sufficient space has been provided as determined by the Planning and Zoning Administrator or the Parks and Recreation Director.
Table 26-2. Recreation Area Amenities
Active Amenities | Passive Amenities |
|---|---|
Barbecue grills | |
Ball court (basketball, volleyball, pickleball, tennis) | Bocce ball or horseshoe pit |
Ramada | Picnic table |
Playground or tot lot | Swing set or standalone play structure |
Rectangular turf field | Small turf area or par courses |
Workout/fitness equipment | Walking path |
Community garden | Dog park |
f. The Town Council may require different amenities within a subdivision, multifamily or mixed-use development to achieve more variety or approve amenities not specified in Table 26-2, yet comparable in use, accessibility and function.
g. When appropriate to the needs of the residents, tot lots shall be required. Tot lots shall include, at a minimum:
i. Play equipment area.
ii. Drinking fountain.
iii. Seating area oriented towards the play equipment.
iv. Trash receptacle(s).
v. Bicycle parking with a four (4) bicycle minimum capacity.
vi. Picnic table.
vii. Limited turf area for activity areas only (less than fifteen percent (15%) of total recreation area) may be provided.
h. Linear parks shall be a minimum width of twenty-five (25) feet at any given point and include:
i. A shared use path for pedestrians and bicyclists.
ii. Seating area.
iii. Landscaping.
iv. Drinking fountain, if located within one hundred (100) feet of a potable water line.
v. Trash receptacle(s).
vi. Pet waste removal station(s).
vii. Exercise stations may be included.
The location of the amenities along a linear park is subject to the approval of the Planning and Zoning Administrator.
i. Indoor recreation areas are subject to the following:
i. The indoor recreational facility may be used as the leasing, sales, or manager’s office; however, that use may not exceed thirty percent (30%) of the gross floor area.
ii. The remainder of the space shall include passive or active amenities such as group meeting space or community recreation rooms with exercise equipment, table sports, games, or other similar amenities.
3. Credit for Enhanced Amenities or Environmentally Sensitive Open Space (ESOS)
a. Credit for the additional cost of enhanced recreational amenities, including community swimming pools in single-family residential subdivisions, splash pads, skate/BMX parks, fully improved sports fields, and other amenities approved by the Planning and Zoning Administrator, may be obtained against the recreation area requirement in subsection C.1 of this section based on the following criteria:
i. The applicant shall submit a cost estimate summarizing the following:
a) Value of the land and cost of the improvements and amenities that would be required by this code.
b) Value of the land and cost of the improvements and enhanced amenities proposed as alternative means of compliance.
ii. Credit for the additional cost of the enhanced amenities may be received in the form of a reduction to the required recreation land area.
iii. The extent of the credit shall be determined by the value of the enhanced amenity as determined by the Town. The maximum reduction of recreation area requirement is one-half (1/2) acre.
b. Credit for improved indoor recreational space, unless otherwise required, may be obtained subject to the following criteria:
i. Improved community recreation rooms, community centers, gymnasiums, performance space, or other recreation space accessible to all residents of a development shall receive credit at a ratio of three to one (3:1) against the area requirement contained in subsection C.1 of this section.
ii. Each active and passive amenity contained within an indoor recreational space shall receive a credit to the recreational amenity requirements contained in subsection D.2.e.vi of this section at a one-to-one (1:1) ratio.
c. Upon review and recommendations from the Parks and Recreation Advisory Board, Town Council may allow environmentally sensitive open space (ESOS) to be credited toward the amount of recreation area beyond the allowances permitted in Section 27.10 and subject to the provisions of the environmentally sensitive lands ordinance (ESLO). The applicant may receive a credit for this property at a one to one (1:1) ratio for a maximum of one hundred percent (100%) of the required recreation area. Credit may be obtained only when the following criteria are met:
i. The area shall be determined to contain significant, unique, and desirable environmental, scenic, or cultural features.
ii. The area shall be delineated as a common area, designated with a conservation easement, with ownership to be held in common by the homeowners’ association, property management company or the Town.
iii. The area shall be accessible via sidewalk, walking path, trail, and/or bicycle or shared use path by all residents within the project.
4. Play Equipment Standards
a. Applicant shall submit evidence that play equipment complies with the current American Society for Testing and Materials (ASTM) safety standards for playground equipment.
b. Playground surface materials, including certified wood fiber, shredded rubber, poured-in-place surfacing, or other acceptable material approved by the Parks and Recreation Director, shall be placed at a minimum depth of twelve (12) inches under the equipment.
c. No play equipment shall be located within thirty (30) feet of any road right-of-way, driveway or alleyway, parking area, or single-family residential lot or single-family residential zone unless an architecturally compatible wall, permanent fence, or similar barrier is provided and approved by the Planning and Zoning Administrator.
d. All playground equipment and associated fall zones must be fully shaded with a UV-resistant sun shade or other appropriate shading material or structure as approved by the Planning and Zoning Administrator. The Planning and Zoning Administrator may reduce or waive this requirement if any of the following occurs:
i. The structure is detached and peripheral to a primary structure.
ii. The structure requires a fall zone greater than six (6) feet, such as a swing set.
e. Repealed by (O)23-04.
f. Repealed by (O)23-04.
g. To maximize the safety of children, play spaces shall be located as to provide maximum visibility from surrounding homes.
h. Play equipment shall not be located on a slope greater than four percent (4%).
5. Signage
a. All recreation areas shall post at least one (1) sign at the primary entrance(s) stating:
i. Hours of operation.
ii. Park/recreation area rules.
iii. Trespassing notice for unauthorized users, including citation of applicable ordinances/statutes.
iv. Notice that all dogs must be kept on a leash (unless an approved off-leash area has been designated).
v. Emergency (911) contact information to report suspicious or criminal activity.
vi. If a recreation area is privately operated, contact information to report maintenance or safety issues.
b. If a neighborhood watch program exists, a sign shall be posted at the primary entrance(s) to the recreation area.
c. If the recreation area abuts an environmentally sensitive lands (ESL) area, a sign shall be posted at one hundred (100) foot intervals along the border of the ESL area. The sign shall conform to the ESL sign requirements per the environmentally sensitive lands ordinance (ESLO).
d. If the subdivision, multifamily or mixed-use development includes private or public trails, directional trail signs shall be posted at one hundred fifty (150) foot intervals along the trail or at one hundred (100) foot intervals if abutting an environmentally sensitive lands area.
6. Lighting and Recreation Area Hours
a. All lighting shall be consistent with the standards of Section 27.5, with the exception of Section 27.5.H (Recreational Facilities).
b. All lighting must be fully shielded and turned off by 10:00 p.m.
c. If no lighting is provided, recreation area hours shall be limited to daylight hours only and shall be posted on the informational sign(s) at the park entrance(s) required by subsection D.5 of this section.
E. Facilities Installation, Ownership and Maintenance
1. Private Recreational Facilities
a. In cases where the recreational facility is to be privately owned, all shared recreation areas including amenities, private or public trails within the project limits and associated parking improvements shall be completed and in place by the time thirty-five percent (35%) of the building permits are issued. Prior to release of the required bond or assurance, the developer shall provide written documentation to the Town that all mechanisms are in place to protect the rights of the residents (i.e., liability insurance).
b. Private recreation areas and improvements in a subdivision shall be owned and maintained by a mandatory membership homeowners’ association (HOA) created by covenants. If the HOA fails to adequately maintain the required recreational facilities, the Town may cause the property to be maintained and may cause a lien to be placed on the property, subject to and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record.
2. Public Park Facilities
a. In cases where the required recreation area is at least three (3) acres in size and is located adjacent to a public thoroughfare, dedication to the Town may be accepted. In this case, the park land shall be owned and maintained by the Town. The subdivider shall, without credit:
i. Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, lighting, street trees, and sidewalks to land which is dedicated pursuant to this section;
ii. Provide solid masonry fencing along the property line of that portion of the subdivided lots contiguous to the dedicated land;
iii. Provide improved drainage through the site; and
iv. Provide other improvements and amenities that the Town Council determines to be essential to the acceptance of the land for recreational purposes. Subsequent improvements, if any, shall be developed and maintained by the Town.
b. Requests for public dedication are subject to recommendation by the Parks and Recreation Advisory Board and the Planning and Zoning Commission and approval by the Town Council.
c. When park land is dedicated to and accepted by the Town, the provisions of subsection B.1 of this section shall not apply.
F. In-Lieu Fee
1. In-lieu fees used to satisfy the recreation area and associated amenity requirements of this section apply as follows:
a. Residential subdivisions, multifamily or mixed-use developments requiring a recreation area of one-quarter (1/4) acre or less must provide an in-lieu fee.
b. All other residential subdivisions, multifamily or mixed-use developments may request use of an in-lieu fee to satisfy a portion of the recreation area requirement. Requests are subject to subsection F.2 of this section and a minimum one-quarter (1/4) acre must be provided on site with amenities per subsection D.2 of this section.
c. In-lieu fees cannot be used to satisfy any required private or public trail improvements.
2. Review of In-Lieu Fee Requests
a. In-lieu fee requests are subject to recommendation by the Planning and Zoning Commission and approval by Town Council. In-lieu fee requests shall meet the following:
i. The subdivision, multifamily residential or mixed-use development has or can provide legal and physically constructed access to an existing Oro Valley public park within one-half (1/2) mile or a ten (10) minute walk from the subdivision or development.
ii. The total amount of the in-lieu fee determined by the recreation area in-lieu fee calculation is sufficient to fund a specific park development or improvement project for an existing facility.
b. In evaluating a request to utilize the in-lieu fee option, the Town Council shall consider the impact on the property resulting from a change in the standard requirements for recreational space, the advantages and disadvantages of the proposed alternatives, the benefits afforded to the subdivision from the alternative proposal and the relative values to the community afforded by the alternative proposal as compared with the standard requirements.
3. Fee Calculation and Determination
a. A written appraisal report prepared by an appraiser shall be submitted to the Planning and Zoning Administrator and Parks and Recreation Director to determine the in-lieu fee.
b. The report shall be based on the improved value of the land, including:
i. The cost of the land required for the recreation area.
ii. The costs for structures and facilities required in subsection D of this section.
iii. Design and construction costs.
iv. Necessary infrastructure (i.e., roadways, drainage water, electric, telephone and sewer) required to serve the recreation area.
c. The Town may engage the services of a third-party appraiser, at the applicant’s sole expense, to evaluate the accuracy of the report.
d. The recreation area in-lieu fee shall be determined by the Planning and Zoning Administrator and the Parks and Recreation Director. The determination of the recreation area in-lieu fee shall consider, but not necessarily be limited to, the following:
i. Approval and any conditions of an associated general plan amendment or rezoning.
ii. The general plan.
iii. Conditional zoning.
iv. Property location.
v. Off-site improvements facilitating use of the property.
vi. Site characteristics of the property.
e. Repealed by (O)23-04.
f. Objections to the determined in-lieu fee may be appealed to the Board of Adjustment per Section 22.12.
4. Approval
a. The terms of the agreement shall be made a matter of public record and a condition of approval of any final plat, if applicable, or issuance of any grading permit.
b. The agreement shall provide funding to improve or develop public recreational facilities closest to the subdivision or development.
Section 26.6 Assurances
Purpose: To provide procedures for approving and posting the assurances for the completion of subdivision/development improvements in accordance with Arizona Revised Statutes, Section 9-463.01(C)(8).
A. Assurances for Construction
1. These assurances guarantee the construction of required on-site and off-site street, water, sewer, utilities, drainage, flood control measures, the hardscape for recreation facilities and landscaping, and all other required improvements. They may also be used to stabilize soil and replace vegetation on sites where development has been abandoned, in accordance with Section 26.6.J.1.
2. For all developments where there is a subdivision, minor subdivision or other division of property that requires improvements, the property owner, subdivider or developer shall provide the required assurances as specified in Section 26.6.F.1. As a substitute for all or a portion of the assurance, the Planning and Zoning Administrator or the Town Engineer or their designee may approve an assurance as specified in Section 26.6.F.
3. For all developments where division of land is not involved, assurances shall be provided for public off-site and on-site improvements and for such private improvements as are necessary for the operation of the development as deemed appropriate by the Planning and Zoning Administrator and Town Engineer. These assurances shall be provided in one of the forms specified in Section 26.6.F.
4. For projects constructed in phases, the developer shall provide cost estimates itemized separately for each phase of construction to facilitate the release of assurances upon the completion of individual phases.
5. Phased construction shall include assurances that provide for the installation of public safety-related improvements including drainage, traffic movement and other services appropriate to each phase as determined by the Town Engineer and Planning and Zoning Administrator.
(6/11 supplement, 06/11)
B. Assurances for Site Stabilization
For sites that require stabilization in accordance with Section 27.9, the property owner or their agent shall post assurances in one of the types specified in Sections 26.6.F to guarantee, in the event the project is abandoned, the property can be stabilized, through the removal of all construction material and the stabilization of soil on the site. Acceptable forms of soil stabilization include, but are not limited to, inorganic ground cover, hydroseeding and revegetation, as determined by the Town Engineer and the Planning and Zoning Administrator. Other methods may be approved by the Town Engineer and Planning and Zoning Administrator if they are equally effective. These stabilization assurances shall be in an amount sufficient to stabilize the property from its development-altered condition. The assurances for landscape may be used to satisfy the landscape installation portion of the stabilization requirements.
(6/11 supplement, 06/11)
C. Assurances for Landscape
The property owner or their agent shall post assurances as specified in Section 26.6.F to assure the installation of all landscape improvements, and recreation areas where required, in accordance with the approved final landscape and irrigation plans. These assurances may be used to complete the required landscape improvements and/or recreation areas or may be used to stabilize the site in the event the approved development is abandoned.
D. Assurances for Water Service
1. Assurances for water infrastructure are required and are included with construction assurances as specified in Section 26.6.A.
2. Water service to any individual lot or any lot within a development or subdivision will be contingent upon the completion of all required water infrastructure along with the receipt of all required meter fees by the utility.
The only exception is prior to the completion of all required water infrastructure but after approval of construction from the Pima County Department of Environmental Quality, the property owner or their agent may receive meters for ten percent (10%) of the lots, not to exceed six (6) lots, for the purpose of model home construction.
E. Assurances for Other Improvements
To assure the completion of other required improvements, the Town may require additional assurances in the forms as specified in Sections 26.6.F. These assurances are typically utilized to allow development to proceed when other required obligations have not been met on time.
F. Amount and Type of Assurances
1. Assurances for construction, site stabilization, landscaping, water infrastructure or other improvements shall be in an amount equal to one hundred twenty percent (120%) of the costs as estimated in accordance with this Section 26.6.F.
2. For residential subdivisions a third party trust type of assurance is required in addition to monetary assurances for site stabilization, landscape, and water infrastructure.
a. Assurances shall be provided by the placement of the title to the subdivided property in trust with a third party escrow agency or trust company authorized and licensed to do business in the State of Arizona.
b. This type of assurance shall include an agreement between the trustee and the Town of Oro Valley that title to any lot or parcel within the subdivision will not be transferred until the trustee receives authorization in writing from the Town. The agreement shall also include special conditions authorizing the Town of Oro Valley to abandon and re-subdivide the property should the required improvements fail to be installed in compliance with the Town of Oro Valley’s specifications.
c. The designated escrow agency or trust company holding the property in trust may sell and convey all of the unreleased lots within the subject property or within an approved phase in one transaction to a single purchaser; provided, that such purchaser shall be bound by the terms of the agreement between the Town of Oro Valley, the subdivider and the designated escrow agency or trust.
d. The assurances and deeds required pursuant to this Section shall be recorded in the office of the Pima County Recorder. The changes to the third party trust due to the aforementioned sales, if they meet all of the above stipulations, will not require Town Council approval.
e. Third party trusts may not be used to guarantee the improvement of required recreation areas, the installation of required landscaping, site stabilization or water infrastructure.
3. Residential subdivisions utilizing a third party trust are required to post an alternative type of assurance for public safety-related subdivision improvements including flood and traffic control as determined by the Town Engineer.
4. Alternative types for assurances can be approved by the Town Engineer and Planning and Zoning Administrator. Development, other than subdivisions, shall use one of the following forms of assurance.
a. Cash or certified check.
b. Surety (performance) bonds executed by a company duly authorized and licensed to do business in the State of Arizona insuring the performance of the principal (subdivider/developer) as required by these regulations. The applicant may use the Town’s template form for bonds, or may submit a different bond form, provided the following items are included: name of the party being bound, development case number, forfeiture recital, corporate acknowledgments, notarized signatures, and descriptions and cost estimates of the required improvements. Applicant-submitted forms are subject to Town Engineer and Planning and Zoning Administrator approval.
c. Certificates of Deposit, United States Treasury Bills or any security guaranteed by the United States Government, State of Arizona or any political subdivision thereof acceptable to the Town.
d. A deposit of money with a responsible escrow agent or trust company authorized and licensed to do business in the State of Arizona. This money may not be used or pledged by the depositor for any purpose during the period the escrow account is in effect.
e. A current letter of credit. Letters of credit shall be renewed prior to their expiration.
f. Any other type of assurance, which guarantees the required improvements to the same or better degree than the above forms. This form, which may be approved by the Planning and Zoning Administrator, must have no expiration date and may not be released or converted to any other form without the agreement of the Town.
(6/11 supplement, 06/11)
G. Terms of Assurances
All assurances shall remain in effect until release is authorized per Section 26.6.I.
H. Securing and Approval of Assurances
The assurances shall be submitted to and approved by the Town as follows:
1. Assurances for construction shall be posted with the Town’s Development Coordinator prior to recordation of the final plat or certification of the development plan. The assurances shall be listed on the development plan and/or final plat, and shall have been approved by the Town Engineer and Planning and Zoning Administrator. For multifamily and commercial projects that will be graded in phases, only the first phase of the assurance is required with the development plan or final plat. A general note shall be added to the development plan or final plat stating that grading permits will not be issued for subsequent phases without approved assurances.
2. Site stabilization and landscape assurances shall be posted, as required, prior to the issuance of a Type 2 or Type 3 grading permit or the commencement of work.
3. Other assurances as noted in Section 26.6.E will be posted as needed to allow a project to temporarily continue without all required improvements in place.
4. Changes in assurances under Section 26.6.F due to changes in ownership shall be reviewed, and approved as appropriate, by the Planning and Zoning Administrator and/or the Town Engineer.
5. For private development, cost estimates for all construction, site stabilization and landscaping improvements shall be submitted for review by the Town Engineer and Planning and Zoning Administrator.
a. Estimates shall be based on approved construction documents and shall be signed and sealed by the appropriate registrant (Engineer or Landscape Architect).
b. Approved cost estimates are required prior to the acceptance of any assurances.
6. For projects involving public facilities, a cost estimate for construction only, which may include site stabilization and landscaping, shall be submitted for review by the Town Engineer and Planning and Zoning Administrator.
a. Estimates shall be based on approved construction documents and shall be signed and sealed by the appropriate registrant (Engineer or Landscape Architect).
b. Approved cost estimates are required prior to the acceptance of any assurances.
7. A contractor’s itemized formal bid may be substituted for any required cost estimate.
(6/11 supplement, 06/11)
I. Releases of Assurances
1. The assurances shall be released, with the exception of assurances for water infrastructure, upon satisfactory performance and acceptance of the work as determined by the Town Engineer and/or the Planning and Zoning Administrator.
2. Trust assurances may be released upon completion and inspection of the required subdivision improvements. Partial releases, up to fifty percent (50%), may be granted for a group of lots where the required improvements for the group of lots have been satisfactorily completed and such improvements can be used and maintained separately from the improvements required for the balance of the subdivision plat. Partial releases shall be administered and approved by the Town Engineer and/or the Planning and Zoning Administrator.
3. Reductions from monetary assurances may be made from any deposit made pursuant to this Section. Such progress payments shall be made to the assurance holder in accordance with standards established by the Town Engineer and the Planning and Zoning Administrator. In no case shall the assurances be reduced to an amount less than fifty percent (50%) of the original assurance amount until such time as the Town Engineer and Planning and Zoning Administrator deem the required improvements to be in full compliance, including the installation of all safety-related improvements, as determined by the Town Engineer.
4. Once a monetary assurance has been reduced, a rider or substitute monetary assurance must be in place fourteen (14) days after a release letter has been issued.
5. In order to grant partial release of assurances, sufficient major grading, drainage, and transportation improvements as determined by the Town Engineer shall be completed.
6. Full release of assurances shall be processed once improvements have been completed and accepted by the Town Engineer and Planning and Zoning Administrator and the Town has completed a field inspection. Further, the developer shall meet the following requirements:
a. As-built plans and required certification letters have been submitted for review and have been accepted by the Town Engineer and Planning and Zoning Administrator.
b. Submittal and approval of a close out package as defined in the approved grading permit.
c. To guarantee the good condition of landscape improvements, one of the following:
i. A landscape maintenance bond in the amount of ten percent (10%) of the original landscape bond amount shall remain in place for a period of one (1) year from the complete installation of the landscape materials and any replacement materials. The type of assurance shall be as specified in Section 26.6.F.
ii. A signed warrantee of the landscaping for a period of one (1) year from a licensed landscape contractor with extensions as required for any replacement materials.
iii. For deeded or dedicated streets, drainage ways and rights-of-way, compliance with Oro Valley Town Code Article 7-9.
d. To guarantee proper function of drainage improvements, a drainage assurance in the amount of ten percent (10%) of the original site stabilization assurance amount shall remain in place for a period of one (1) year from the complete installation of drainage improvements. The type of assurance shall be as specified in Section 26.6.F.
7. Release of the water infrastructure portion of the construction assurances shall require the completion of the following:
a. Completion of construction deficiencies;
b. Payment of all water-related fees including inspection and testing fees;
c. Easements for water facilities and maintenance are recorded;
d. Line extension agreements are executed, if applicable;
e. Compaction test results have been submitted and approved by the water utility;
f. Post-paving continuity tests have been submitted and approved by the water utility.
(6/11 supplement, 06/11)
J. Forfeiture of Assurances
1. The Town may take steps to utilize the assurances, upon the occurrence of any of the following:
a. In order to abate any unsafe conditions as determined by the Town Engineer, Building Official or Planning and Zoning Administrator;
b. Failure of the owner to respond within ten (10) days to cure a violation once a violation notice has been issued; or
c. When, in any way, the owner or their agent fails to follow the approved plan and does not correct the situation within sixty (60) days of notice by the Town.
d. Abandonment of the Project
A project will be presumed abandoned when there has been no development activity for six (6) months as determined by the Planning and Zoning Administrator.
2. In the event of any of the occurrences in Section 26.6.J.1, the Planning and Zoning Administrator shall issue a notice to the property owner and obligor of the assurances of pending forfeiture of assurances.
a. The owner shall respond to the Planning and Zoning Administrator in writing within ten (10) days of receipt of the notice to request a hearing with the Planning and Zoning Administrator, otherwise forfeiture shall occur.
b. Upon a determination by the Planning and Zoning Administrator or his/her designee, the Town may utilize the assurances for completing the project or portions of the project, and/or for bringing the project into compliance with Town requirements. Any amount of the assurances in excess of that required by the Town to stabilize the property shall be returned to the owner.