DEVELOPMENT, REAL PROPERTY AND HOUSING (2026)
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Chapter 17
DEVELOPMENT, REAL PROPERTY AND HOUSING
Article I.
In General
Sec. 17-1.
Sec. 17-2.
Sec. 17-3.
Sec. 17-4.
Sec. 17-5.
Definitions.
Policy concerning cultural preservation in development.
Development standards.
Construction of chapter.
Authority of Community Council in matters affecting development of allotted lands and public property.
Sec. 17-6.
Approval of contracts, leases and other instruments.
Sec. 17-7.
Land management board.
Sec. 17-8.
Community development department.
Sec. 17-9.
Application for development of allotted lands or public property.
Sec. 17-10.
Modified procedure and requirements for short-term mining and
other nondevelopment land uses.
Sec. 17-11.
Special procedure for grants of right-of-way.
Sec. 17-12.
Modified procedure and requirements regarding the lease of
developed agricultural land for agricultural purposes.
Sec. 17-13.
Exception for purchase or construction of home.
Sec. 17-14.
Agricultural lease conditions for cotton or grain crops.
Sec. 17-15.
Group homes.
Secs. 17-16—17-33. Reserved.
Article II.
Eminent Domain
Sec. 17-34.
Purposes for which eminent domain may be exercised.
Sec. 17-35.
Prerequisite to condemnation.
Sec. 17-36.
Actions for condemnation; immediate possession; money deposit.
Sec. 17-37.
Complaint.
Sec. 17-38.
Summons; contents; service.
Sec. 17-39.
Right to defend action.
Sec. 17-40.
Ascertainment and assessment of value, damages and benefits.
Sec. 17-41.
Accrual of right to compensation and damages; limitation.
Sec. 17-42.
Final order of condemnation; vesting of property.
Sec. 17-43.
Procedures following judgment.
Sec. 17-44.
Costs.
Secs. 17-45—17-61. Reserved.
Article III.
Roadway Construction
Sec. 17-62.
Definitions.
Sec. 17-63.
Authorization required for construction.
Sec. 17-64.
Applicability of article.
Sec. 17-65.
Exclusion of certain lands.
Sec. 17-66.
Procedure; hearing and notice.
Sec. 17-67.
Report to the Community Council.
Sec. 17-68.
Action by Community Council.
Secs. 17-69—17-94. Reserved.
Article IV.
Sec. 17-95.
Sec. 17-96.
Sec. 17-97.
Sec. 17-98.
Supp. No. 2
Street Numbers and Names
Policy.
Street addressing.
Street naming.
Block addressing.
CD17:1
COMMUNITY CODE OF ORDINANCES
Secs. 17-99—17-124. Reserved.
Article V.
Homesites
Division 1.
Generally
Sec. 17-125.
Policy.
Sec. 17-126.
Definitions.
Secs. 17-127—17-150. Reserved.
Division 2.
Homesite Leases On Tribal Lands
Sec. 17-151.
Designated area for homesites on tribal lands.
Sec. 17-152.
Application for homesite lease on tribal lands.
Secs. 17-153—17-172. Reserved.
Division 3.
Homesites On Allotted Lands
Sec. 17-173.
Community development department to maintain and administer.
Secs. 17-174—17-199. Reserved.
Division 4.
Homesites Generally
Sec. 17-200.
Period of assignment; renewal option; fee.
Sec. 17-201.
Rights of homesite assignee.
Sec. 17-202.
Governmental access and responsibilities.
Sec. 17-203.
Veteran's preference.
Sec. 17-204.
Exchange of land for homesites.
Secs. 17-205—17-233. Reserved.
Article VI.
Forcible Entry and Detainer
Sec. 17-234.
Definitions.
Sec. 17-235.
Forcible entry.
Sec. 17-236.
Forcible detainer.
Sec. 17-237.
Immateriality of time possession obtained by tenant.
Sec. 17-238.
Complaint and answer; service and return.
Sec. 17-239.
Demand for jury; trial procedure.
Sec. 17-240.
Trial and issue; postponement of trial.
Sec. 17-241.
Judgment; writ of restitution; limitation on issuance.
Sec. 17-242.
Appeal to Community court of appeals; notice; bond.
Sec. 17-243.
Stay of proceedings on judgment; record on appeal.
Sec. 17-244.
Trial and judgment on appeal; writ of restitution.
Sec. 17-245.
Proceedings no bar to certain actions.
Secs. 17-246—17-268. Reserved.
Article VII.
Sec. 17-269.
Sec. 17-270.
Sec. 17-271.
Sec. 17-272.
Sec. 17-273.
Sec. 17-274.
Sec. 17-275.
Sec. 17-276.
Sec. 17-277.
Sec. 17-278.
Sec. 17-279.
Supp. No. 2
Outdoor Advertising Signs
Title.
Purpose.
Applicability.
Definitions.
General provisions.
Outdoor advertising sign permit.
Continuance of nonconforming outdoor advertising signs.
Standards for outdoor advertising signs.
Variance to standards for outdoor advertising signs.
Prohibitions.
Required removal.
CD17:2
DEVELOPMENT, REAL PROPERTY AND HOUSING
Sec. 17-280.
Violation, enforcement.
Secs. 17-281—17-304. Reserved.
Article VIII.
Uniform Road and Utility Corridors
Sec. 17-305.
Policy.
Sec. 17-306.
Definitions.
Sec. 17-307.
Utilization of roadway rights-of-way.
Sec. 17-308.
Width standards for roadway and utility corridor rights-of-way.
Sec. 17-309.
Procedure for request of right-of-way easements.
Sec. 17-310.
Limitations of grantees.
Sec. 17-311.
Effect of corridor grant of right-of-way.
Sec. 17-312.
Regulations.
Secs. 17-313—17-342. Reserved.
Article IX.
Highway Rights-of-Way
Sec. 17-343.
Encroachment permit requirement.
Sec. 17-344.
Scope.
Sec. 17-345.
Encroachment permit application procedures.
Sec. 17-346.
Minimum setback.
Sec. 17-347.
City-issued state permits.
Sec. 17-348.
Maintenance responsibility.
Sec. 17-349.
Unauthorized encroachments.
Sec. 17-350.
Rule-making authority.
Secs. 17-351—17-373. Reserved.
Article X.
Subdivisions
Sec. 17-374.
Policy.
Sec. 17-375.
Generally.
Sec. 17-376.
Scope and contents of development master plan.
Sec. 17-377.
Preliminary plat review.
Sec. 17-378.
Information required on preliminary plat.
Sec. 17-379.
Final plat review.
Sec. 17-380.
Information required on final plat.
Secs. 17-381—17-403. Reserved.
Article XI.
Encumbrance of Land
Division 1.
Generally
Secs. 17-404—17-434. Reserved.
Division 2.
Mortgages
Sec. 17-435.
Sec. 17-436.
Sec. 17-437.
Jurisdiction.
Definitions.
Interests which may be mortgaged; formal requirements; recording.
Sec. 17-438.
Mortgage as lien; rights of possession.
Sec. 17-439.
Acknowledgements of satisfaction; recording; liability for failure
to acknowledge satisfaction.
Sec. 17-440.
Foreclosure.
Sec. 17-441.
Notice of default to Community.
Sec. 17-442.
Recordation of documents.
Secs. 17-443—17-467. Reserved.
Supp. No. 2
CD17:3
COMMUNITY CODE OF ORDINANCES
Division 3.
Deeds of Trust
Sec. 17-468.
Sec. 17-469.
Sec. 17-470.
Sec. 17-471.
Sec. 17-472.
Sec. 17-473.
Sec. 17-474.
Sec. 17-475.
Sec. 17-476.
Sec. 17-477.
Definitions.
Description of property; mailing address.
Trustee qualifications.
Appointment of successor trustee by beneficiary.
Transfers in trust of real property.
Right to transfer; fee limit; interest rate increase limit.
Sale of trust property; power of trustee; foreclosure of deed.
Notice to Community; Community right to purchase property.
Notice of trustee's sale.
Request for copies of notice of sale; mailing by trustee or
beneficiary; disclosure of information regarding trustee sale.
Sec. 17-478.
Sale by public auction; postponement of sale.
Sec. 17-479.
Payment of bid; deliverance of deed.
Sec. 17-480.
Disposition of proceeds of sale.
Sec. 17-481.
Default in performance of contract secured; reinstatement;
cancellation of recorded notice of sale.
Sec. 17-482.
Action to recover balance after sale or foreclosure on property
under deed.
Sec. 17-483.
Recordkeeping.
Sec. 17-484.
Limitation on action or sale of trust property.
Sec. 17-485.
Transfer of secured contract.
Sec. 17-486.
Notice from instruments recorded; assignment of a beneficial
interest.
Sec. 17-487.
Rights of trustee and attorney.
Secs. 17-488—17-512. Reserved.
Article XII.
Sec. 17-513.
Sec. 17-514.
Sec. 17-515.
Sec. 17-516.
Sec. 17-517.
Sec. 17-518.
Sec. 17-519.
Sec. 17-520.
Sec. 17-521.
Sec. 17-522.
Sec. 17-523.
Sec. 17-524.
Sec. 17-525.
Sec. 17-526.
Sec. 17-527.
Sec. 17-528.
Sec. 17-529.
Sec. 17-530.
Sec. 17-531.
Sec. 17-532.
Sec. 17-533.
Supp. No. 2
Development Fees
Policy and purpose.
Findings.
Adoption of technical report as basis of development fees.
Interpretations of article.
Effect on other regulations and requirements.
Definitions.
Applicability of this article; exemptions.
Application; calculation, collection of development fees; administrative fees.
Individual assessment of development fee.
Offsets against development fees due.
Use of funds collected; development fee accounting.
Refunds.
Updating; annual adjustments.
Annual statement; capital improvements program.
Storm drainage development fee.
Street development fee.
Water development fee.
Wastewater development fee.
Public safety development fee.
Appeals.
Violation; penalty.
CD17:4
DEVELOPMENT, REAL PROPERTY AND HOUSING
ARTICLE I. IN GENERAL
Sec. 17-1. Definitions.
The following words, terms and phrases, when
used in this chapter, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Allotted land means land which has been
allotted to individual ownership under the trusteeship of the United States government.
Commercial development means any use of
land which includes construction or installation
of buildings or other structures which will be
used in any business enterprise or activity or
engaging in business or commerce on such land.
Designates land means the action by the
Community Council memorializing in a written
document the description of a particular parcel
of land or other natural resource of the Community which the Community Council thereby
sets aside, subject to whatever conditions it
imposes in such document, for the use of a
division of the Community or of any other business entity of which the Community owns at
least a majority interest.
resource exploitation, and the critical importance
of maintaining the Community as a Community
of Indian people dedicated to the preservation of
Indian cultural and the economic, educational
and cultural advancement of the Community of
Indian people declares that it is the continuing
policy of the Community to use all practicable
means and measures, in a manner calculated to
foster and promote the general welfare to create
and maintain conditions under which the Indian
people of the Community can exist in productive
harmony, and fulfill the social, cultural, economic
and other requirements of their present and
future generation.
(b) In order to carry out the policy set forth in
this chapter, it is the continuing responsibility of
the Community to use all practicable means to
improve and coordinate its plans, functions,
programs, and resources to the end that the
Community may:
Lands, natural resources and other public
property of the Community means all real property
in the Community including the products thereof,
in the ownership of the Community-at-large
under the trusteeship of the United States government.
Other instruments shall include in its meaning any instrument by which the Community
Council designates land or any natural resource
owned by the Community for use of a division of
the Community or of any other business entity of
which the Community has at least a majority
ownership interest.
(Code 1981, § 17-1; Code 2012, § 17-1; Ord. No.
SRO-25-74, § 1, 3-21-1979; Ord. No. SRO-18395, § 1, 10-12-1994; Ord. No. SRO-204-95, 6-211995; Ord. No. SRO-402-2012, § 17-1, 5-30-2012)
Sec. 17-2. Policy concerning cultural
preservation in development.
(a) The Community Council, recognizing the
profound impact of population growth, highdensity urbanization, industrial expansion,
Supp. No. 3
§ 17-2
(1)
Fulfill the responsibilities of each generation as trustees of the culture and the
environment for succeeding generations;
(2)
Ensure for all Indian people of the Community safe, healthful, productive and
aesthetically and culturally pleasing surroundings;
(3)
Attain the widest range of beneficial uses
of the environment without degradation,
risk to health or safety, or other undesirable and unintended consequences;
(4)
Preserve important historic, cultural and
natural aspects of our heritage, and
maintain, within the Pima-Maricopa tradition, an environment which supports
diversity and variety of individual choice;
(5)
Achieve a balance between population
and resource use which will permit high
standards of living and a wide sharing of
life's amenities; and
Enhance the quality of renewable
resources and approach the maximum
attainable recycling of depletable
resources.
(Code 1981, § 17-2; Code 2012, § 17-2; Ord. No.
SRO-25-74, § 2, 3-21-1979; Ord. No. SRO-4022012, § 17-2, 5-30-2012)
CD17:5
(6)
§ 17-3
COMMUNITY CODE OF ORDINANCES
Sec. 17-3. Development standards.
The Community Council authorizes and directs
that, to the fullest extent possible the policies,
regulations and public laws of the Community
shall be interpreted and administered in
accordance with the policies set forth in this
chapter and all agencies of the Community shall:
(1)
(2)
(3)
Utilize a systematic, interdisciplinary
approach which will ensure SRPMIC prehistoric, historic and cultural standards
are integrated in decision-making which
may have an impact on the continued
integrity of the Community;
Identify and develop methods and
procedures that integrate long-standing
cultural and environmental values are
considered as part of economic and technical review of the Community's development:
All recommendations and reports on land
use, zoning and/or right-of-way proposal
on allotted and/or Community land will
include:
a.
The positive and adverse impact of
the proposed action on Community's
cultural integrity, to include possible enhancements of Community
culture or any irreversible and/or
irretrievable impacts to the culture;
b.
Address any alternatives to the
proposed action;
c.
Comparison of short and long-term
economic benefits for the Community and the maintenance and
enhancement
of
Community
integrity and Community culture;
and
d.
Prior to the making of any detailed
statement by the land management
board, the appropriate SRPMIC
government department shall consult
with and obtain the comments of
any and all departments, agencies
and entities with responsibility any
jurisdiction by law, special expertise
or Council authorized expertise.
Copies of such statements, com-
Supp. No. 3
ments and view shall accompany
the proposal through the regulatory
review process.
(Code 1981, § 17-3; Code 2012, § 17-3; Ord. No.
SRO-25-74, § 3, 3-21-1979; Ord. No. SRO-4022012, § 17-3, 5-30-2012; Ord. No. SRO-531-2021,
2-24-2021)
Sec. 17-4. Construction of chapter.
The policies and goals set forth in this chapter
are supplementary to those set forth in existing
ordinances of the Community and subject to the
laws of the United States.
(Code 1981, § 17-4; Code 2012, § 17-4; Ord. No.
SRO-25-74, § 4, 3-21-1979; Ord. No. SRO-4022012, § 17-4, 5-30-2012; Ord. No. SRO-531-2021,
2-24-2021)
Sec. 17-5. Authority of Community
Council in matters affecting
development of allotted lands
and public property.
(a) No contract, lease or other instrument
affecting the use and disposition of allotted and
tribal land within the Community shall be binding upon the signatories thereto unless such
contract, lease or other instrument is approved
by the Community Council, and no person shall
commence any commercial development within
the Community without approval by the Community Council.
(b) No contract, lease or other instrument
affecting the use and development of the lands,
natural resources and other public property of
the Community shall be entered into or be
binding without the approval of the Community
Council.
(c) The final decision in all matters relating
to the use and disposition of allotted and tribal
land and the use and development of land,
natural resources and other public property of
the Community shall be vested in the Community Council.
(d) Prior to the final decision of the Community Council relating to any proposal received
by the Community Council from the land management board, and within 20 business days of the
CD17:6
DEVELOPMENT, REAL PROPERTY AND HOUSING
§ 17-7
receipt of such proposal, the Community Council
shall set a time upon its agenda at a regularly
scheduled council meeting with a consideration
of such proposal and the recommendation of the
land management board. Notice for such hearing shall be made at least seven days prior to the
date of hearing and shall be sent by ordinary
mail to all persons who had received notice of the
hearing concerning the proposal before the land
management board as well as all other members
of the Community, who, in writing, request such
notice.
(b) The Community Council shall not approve
any contract, lease or other instrument pursuant
to Section 17-5 unless such contract, lease or
other instrument shall provide that the Community shall have the right to provide utility
services to the premises either through its own
facilities or by contract or the permitting of
contracts with other governmental or private
entities capable of providing such services.
(Code 1981, § 17-5.1; Code 2012, § 17-5.1; Ord.
No. SRO-93-85, § 2, 1-23-1985; Ord. No. SRO100-86, § 1, 7-23-1986; Ord. No. SRO-402-2012,
§ 17-5.1, 5-30-2012)
(e) If the Community Council finds in any
particular situation that it is unnecessary to
utilize the procedures of subsection (d) of this
section and Section 17-7(d) because adequate
public hearing and notice has occurred or will
occur under special procedures adopted by the
Community Council to adequately inform
members of the Community of the intended use
and development of land, natural resources and/or
other public property of the Community, and if
the Community Council by resolution sets out
the facts that is has found and the conclusions it
has drawn from those facts, it may, by the same
resolution, adopt special procedures and waive
the procedures of subsection (d) of this section
and Section 17-7(d) for the particular use and
development. The waiver will be effective upon
adoption of the resolution.
(Code 1981, § 17-5; Code 2012, § 17-5; Ord. No.
SRO-25-74, § 5, 3-21-1979; Ord. No. SRO-18395, § 1, 10-12-1994; Ord. No. SRO-216-96, § 1,
3-20-1996; Ord. No. SRO-402-2012, § 17-5, 5-302012; Ord. No. SRO-531-2021, 2-24-2021)
Editor’s note—Inclusion of § 2 of Ord. No. SRO-93-85,
adopted Jan. 23, 1985, as § 17-5.1, and subsequent inclusion
of Ord. No. SRO-100-86, § 1, adopted July 23, 1986, as
subsection 17-5.1(b), was at the discretion of the editor.
Sec. 17-6. Approval of contracts, leases
and other instruments.
(a) The Community Council shall not approve
any contract, lease or other instrument pursuant
to Section 17-5 unless such contract, lease or
other instrument shall adequately provide for
the employment, promotion and training of
members of the Community in the business or
other enterprise located with the Community
and subject of the contract, lease or other instrument.
Supp. No. 3
Sec. 17-7. Land management board.
(a) Created; membership; appointment. There
shall be a land management board. The land
management board shall consist of seven enrolled
Community Members. Each member shall be
appointed for a three-year term and the appointment shall be so made that the terms of office of
no more than three members shall expire during
the same calendar year. Members of the land
management board shall serve at the pleasure of
the council and may be removed by the council
by a majority vote of the members of the council
present at any regularly or specially called council
meeting. Members of the land management board
shall be appointed, from time-to-time as the
vacancies occur, by the Community Council. At
least one Board member shall reside in the Lehi
district and one Board Member shall reside in
the Salt River district.
(b) Responsibility to make recommendations.
The land management board shall have the
responsibility to recommend to the Community
Council, for its consideration, courses of action
relating to proposals affecting the use and disposition of allotted and tribal land and the use and
development of the lands, natural resources and
other public property of the Community.
(c) Rule-making authority. The land management board shall prescribe, subject to the approval
of the Community Council, rules and regulations
not in conflict with the ordinances of the Com-
CD17:7
§ 17-7
COMMUNITY CODE OF ORDINANCES
munity, necessary to enforce this chapter and
shall be charged with the enforcement of such
rules and regulations.
(d) Hearings. The land management board
shall hold a hearing prior to recommending to
the Community Council courses of action relating to proposals as provided in subsection (b) of
this section, but no later than 15 days after the
proposal has been transmitted to the land management board. Notice of the hearing shall be given
by ordinary mail, or other means, at least seven
days prior to the hearing, to:
(1)
The applicant;
(2)
The persons on whose land the development is proposed to occur;
(3)
All authorized spokesmen of allottee
landowners of the allotted land which
development is proposed; and
(4)
All persons, members of the Community,
who are allottee landowners of land
located within one-half mile of land where
the development is proposed to occur, or
the authorized spokesman of such allottee landowners.
(e) The director (or designee) of the Community development department shall be
responsible for the notifications provided for in
this subsection, as well as, for the setting of
dates for the hearing provided for in this subsection. The subject of the hearing will be the
nature of the recommendation to be made to the
Community Council. A decision by the land
management board shall be made within five
business days of the conclusion of the hearing,
and the land management board shall transmit
its recommendation together with the statement
and comments provided for in Section 17-3(3)
and a report supporting its recommendation to
the Community Council within ten days of the
conclusion of the hearing.
(Code 1981, § 17-6; Code 2012, § 17-6; Ord. No.
SRO-25-74, § 6, 3-21-1979; Ord. No. SRO-4022012, § 17-6, 5-30-2012; Ord. No. SRO-531-2021,
2-24-2021)
Supp. No. 3
Sec. 17-8. Community development
department.
(a) Responsibility for forwarding proposals.
The Community development department shall
be responsible for the transmittal to the land
management board of all applications pursuant
to this article. Transmittal of such applications
shall be made at such time as an application
contains all the data required by the Community
development department so that the land management board may make an appropriate recommendation to the Community Council.
(b) Rule-making authority. The Community
development department shall prescribe, subject
to the approval of the Community Council, rules
and regulations, not in conflict with the ordinances
of the Community, necessary to perform its
functions under this section.
(c) Board to make recommendation. The land
management board shall make recommendations concerning approval, or disapproval of any
application to the Community Council, based
solely on its findings pursuant to section 17-3(3).
The Community Council shall thereafter make
such decision as the general welfare of the
Community requires.
(Code 1981, § 17-7; Code 2012, § 17-7; Ord. No.
SRO-25-74, § 7, 3-21-1979; Ord. No. SRO-97-85,
2-27-1985; Ord. No. SRO-183-95, § 1, 10-121994; Ord. No. SRO-402-2012, § 17-7, 5-30-2012)
Editor’s note—Ord. No. SRO-97-85, adopted Feb. 27,
1985, changed the name of the planning and land management department to the Community development department. As pages are pulled for supplements, the change in
wording will be made.
Sec. 17-9. Application for development of
allotted lands or public
property.
(a) To be given to Community development
department. Any person seeking the approval of
the Community Council for any contract, lease or
other instrument affecting the use and disposition of allotted land or affecting the use and
development of the lands, natural resources and
other public property in the Community or to
commence any development within the Community shall make application therefor to the
Community development department.
CD17:8
DEVELOPMENT, REAL PROPERTY AND HOUSING
(b) Transmittal to land management board.
The Community development department shall
transmit to the land management board all applications which are complete pursuant to the requirements for data established under the rules
and regulations of the Community development
department.
(c) Board to make recommendations. The land
management board shall make recommendations
concerning approval, or disapproval of any contract, lease or other instrument affecting the use
and disposition of allotted land or affecting the
use and development of the lands, natural resources, and other public property of the Community, to the Community Council, based solely on
its findings pursuant to section 17-3(3). The Community Council shall thereafter make such decision as the general welfare of the Community
requires.
(d) Changes in existing contracts, etc., subject
to chapter. Any change in any contract, lease or
other instrument affecting the use and disposition
of allotted land previously entered into including
but not limited to changes in terms, parties and
matters allowed to be changed with the approval
of one or all of the parties to the instrument shall
be subject to the provisions of this chapter.
(Code 1981, § 17-8; Code 2012, § 17-8; Ord. No.
SRO-25-74, § 8, 3-21-1979; Ord. No. SRO-183-95,
§ 1, 10-12-1994; Ord. No. SRO-402-2012, § 17-8,
5-30-2012)
Sec. 17-10. Modified procedure and requirements for short-term mining and
other nondevelopment land uses.
(a) When permit may be issued. Upon the determination of the land management board, as
provided for herein, the president or vice-president of the Community may issue a permit for the
use of allotted land or the land, natural resources
and other public property of the Community,
together with facilities located on such lands for
periods of time not less than 90 days or more than
365 days.
§ 17-10
forthwith forward the application to the land
management board. If the land management board
determines after a hearing that the requested
permit will not allow for any substantial development or alteration of the lands sought to be
subject of the permit, except in the case of sand
and gravel mining operations; and will not adversely affect the adjoining landowners or the
Community, the land management board shall
certify to the president or vice-president of the
Community that the requested permit is authorized under this section. A hearing upon the
application shall be held within ten days of the
filing of the application, and within five days after
such hearing the land management board shall
forward its determination to the president or
vice-president of the Community.
(c) Special notice requirements. If the requested permit involves utilization of land within
one-half mile of any residence or commercial
enterprise, then the land management board shall
notice the hearing provided for in subsection (b) of
this section in the same manner as provided for in
section 17-7(d).
(d) Permits for less than 90-day period. Applications for permits for periods of less than 90 days
shall be submitted to the president or vice president of the Community who shall be authorized to
issue such permits if such officer deems it to be in
the best interest of the Community.
(e) Criteria for determination. In making the
determination pursuant to subsections (a) and (d)
of this section, the president or vice president of
the Community shall determine the conditions,
fees and prices of the permits applied for where
such permits utilize the land, natural resources,
and other property of the Community.
(f) Filing fee. Applications presented to the
Community development department shall be accepted only if the applicant pays a filing fee with
such other fees as will be necessary to offset the
costs connected with the review of the documents
submitted. The filing fees shall be based upon the
length of the intended use and shall be as follows:
(b) Application to land management board.
Any person seeking to secure a permit within the
scope of this article shall make application to the
Community development department which will
CD17:9
(1)
$25.00 for a period up to 90 days;
(2)
$50.00 for a period from 90 days to six
months;
§ 17-10
COMMUNITY CODE OF ORDINANCES
(3)
$75.00 for a period from six months to
nine months; and
(4)
$100.00 for a period from nine months to
12 months.
The filing fee and review costs may be waived by
the planning and land management board where
the applicant is unable to make such payments as
the result of economic circumstances and where
the proposed use would appear to be beneficial to
the Community.
(g) Short-term lease amendments. Upon the
determination of the land management board, as
provided for herein, the president of the Community may approve an amendment in any lease
which has a term of five years or less in situations
in which the amendment does not significantly
affect the interest of the lessors. Utilizing the
procedure set out in subsections (b) and (c) of this
section, a decision concerning such a determination shall be made by the land management board
and forwarded to the president or vice-president.
(Code 1981, § 17-9; Code 2012, § 17-9; Ord. No.
SRO-25-74, § 9, 3-21-1979; Ord. No. SRO-183-95,
§ 1, 10-12-1994; Ord. No. SRO-402-2012, § 17-9,
5-30-2012)
Sec. 17-11. Special procedure for grants of
right-of-way.
(a) When right-of-way may be allowed. Upon
the recommendation of the Community development department, as provided for herein, the
president or vice president of the Community may
issue a utility right-of-way over allotted land or
the land of the Community.
(b) Application to Community development department. Any person seeking to secure a utility
right-of-way within the scope of this section shall
make application to the Community development
department. If the Community development department determines after a hearing that the
requested right-of-way:
(1)
Will be compatible with the general plan
and zoning ordinances of the Community;
(2)
Will not adversely affect adjoining landowners or the Community; and
(3)
Has been approved by allotted landowners over or through whose land the rightof-way will go;
the Community development department shall
certify to the president or vice president of the
Community that the requested utility right-ofway is authorized under this section. A hearing
upon the application for utility rights-of-way shall
be held within ten days of the filing of the application, and within five days after such hearing
the Community development department shall
forward its determination to the president or vice
president of the Community. Hearings shall not
be heard for right-of-way applications when rightof-way has already been obtained in utility corridor.
(c) Authorization by president. Upon receipt of
the certification of the utility right-of-way from
the Community development department, the president or vice president of the Community may
authorize such utility right-of-way if the president or vice president of the Community determines that the issuance of the utility right-of-way
is beneficial to the party to be served therewith
and the Community.
(d) Filing of copies. Copies of all approved
utilities rights-of-way shall be filed with the Community development department and with each
member of the Community council.
(Code 1981, § 17-10; Code 2012, § 17-10; Ord. No.
SRO-25-74, 3-21-1979; Ord. No. SRO-402-2012,
§ 17-10, 5-30-2012)
Sec. 17-12. Modified procedure and requirements regarding the lease of developed agricultural land for agricultural purposes.
The provisions of this article in regard to the
holding of public hearings shall not be applicable
as to any lease or other agreement which would
allow the use of already developed and previously
farmed agricultural land for agricultural purposes.
(Code 1981, § 17-11; Code 2012, § 17-11; Ord. No.
SRO-67-81, § 1, 10-8-1980; Ord. No. SRO-4022012, § 17-11, 5-30-2012)
CD17:10
DEVELOPMENT, REAL PROPERTY AND HOUSING
Sec. 17-13. Exception for purchase or construction of home.
The provisions of sections 17-1 through 17-12
shall not be applicable to transactions involving
the securing, with a member's interest in allotted
land or leased allotted or Community land located
within the Community, a loan for the purchase or
construction of a home for a member of the
Community or the purchase or construction of a
home for a member of the Community.
(Code 1981, § 17-11.1; Code 2012, § 17-11.1; Ord.
No. SRO-99-85, 8-7-1985; Ord. No. SRO-4022012, § 17-11.1, 5-30-2012)
(3)
The lessee who leased land is plowed
down or disked pursuant to subsection (c)
of this section shall pay to the Community
within ten days of the conclusion of the
work by the Community the actual cost of
the work together with an amount equal
to 15 percent of such actual cost to pay for
otherwise unaccounted administrative expenses resulting from the failure of the
lessee to perform.
(4)
If payment is not made within ten days of
the completion of the work, five days'
notice of the sum due having been given
to the lessee by mailing to lessee at lessee's last known address by registered
letter a full statement of the amount
owed, the Community may secure payment by seizure of the deposit to the
amount of the obligation. In the event no
such deposit has been made, the Community may bring an action for damages
against the lessee in the Community court
or in any other court having jurisdiction
over lessee. The court may award advocate's/attorney's fees to the Community in
the event the Community is granted judgment. Advocate/attorney's fees will be calculated by their reasonable value.
Sec. 17-14. Agricultural lease conditions for
cotton or grain crops.
(a) No agricultural lease will be approved by
the Community unless the lessee shall have given
adequate assurance, through cash deposit, that
all acreage to be planted with cotton or grain shall
be plowed down or disked within 30 days of the
harvesting of any cotton or grain crop.
(b) The Community development department
shall prescribe, subject to the approval of the
Community Council, rules, regulations and standards of compliance, not in conflict with ordinances of the Community, necessary to perform
its functions under this section.
(c) Requirements:
(1)
Every lessee of agricultural land leases
within the Community shall plow down or
disk all acreage planted with cotton or
grain within 30 days of the harvesting of
any cotton or grain crop.
(2)
In the event any such lessee fails to comply with this section, the Community may
undertake the plow down or disking in
order to protect the land and crops of
other persons within the Community. Such
action by the Community, whether through
its employees, agents, or independent contractors, shall be done with due care and
regard for the land and its owners, shall
be a public responsibility undertaken by
the Community, and excepting only negligence, shall not be a trespass on landowners or lessees.
§ 17-15
(5)
No person against whom a judgment has
been rendered, which judgment is unsatisfied, is qualified to be a lessee of land
within the Community.
(Code 1981, § 17-12; Code 2012, § 17-12; Ord. No.
SRO-86-84, 5-16-1984; Ord. No. SRO-402-2012,
§ 17-12, 5-30-2012)
Sec. 17-15. Group homes.
(a) Unrelated persons living together notwithstanding, a residential facility operated by or
licensed and supervised by the Community which
serves eight or fewer persons shall be considered
a residential use of property for the purposes of
the Community's zoning ordinances if such facility provides care on a 24-hour per day basis. The
residents and operators of such a facility shall be
considered a family for the purposes of any law or
zoning ordinance which relates to the residential
use of property. The limitation of eight or fewer
persons does not include the operator of a resi-
CD17:11
§ 17-15
COMMUNITY CODE OF ORDINANCES
dential facility, members of the operator's family
or persons employed as staff, except that the total
number of all persons living at the residential
facility shall not exceed ten.
(b) For the purpose of the zoning ordinance, a
residential facility which serves eight or fewer
persons shall not be included within the definition
of any term which implies that the residential
facility differs in any way from a single-family
residence.
(c) The provisions of this section shall not be
construed to forbid the Community from placing
restrictions on building heights, setbacks, lot dimensions and placements of signs of a residential
facility which serves eight or fewer persons as
long as such restrictions are identical to those
applied to other single-family residences.
(d) The provisions of this section shall not be
construed to forbid the application to a residential
facility of any Community law or regulation which
deals with health and safety, building standards,
environmental impact standards, or any other
matter within the jurisdiction of the Community,
so long as the law or regulation applies equally to
other single-family dwellings and does not distinguish residents of such residential facilities from
persons who reside in other single-family dwellings.
(e) No conditional use permit, zoning variance,
or other zoning clearance shall be required of a
residential facility which serves eight or fewer
persons which is not required of other singlefamily residences in the same zone.
(f) For the purposes of any contract, deed,
lease or covenant for the transfer of an interest in
real property executed subsequent to the effective
date of this section, a residential facility which
serves eight or fewer persons shall be considered
a residential use of property and a use of property
by a single-family, notwithstanding any disclaimers to the contrary.
(g) No residential facility shall be established
within a 1,200-foot radius of an existing residential facility in a residential area.
(h) Residential facilities which serve nine or
more persons shall be a permitted use in any zone
in which residential buildings of similar size,
containing rooms or apartments which are provided on a continuing basis for compensation, are
a permitted use. Nothing in this section shall be
construed to prohibit the Community from requiring a conditional use permit in order to maintain
a residential facility serving nine or more persons, provided that no conditions shall be imposed
on such a facility which are more restrictive than
those imposed on other similar dwellings in the
same zones.
(i) The provisions of this section shall apply
only to residential facilities licensed, operated,
supported or supervised by the Community and
the establishment of a particular facility shall not
create any zoning rights with respect to any
subsequent use of the property involved.
(Code 1981, § 17-13; Code 2012, § 17-13; Ord. No.
SRO-286-02, 1-30-2002; Ord. No. SRO-402-2012,
§ 17-13, 5-30-2012)
Secs. 17-16—17-33. Reserved.
ARTICLE II. EMINENT DOMAIN
Sec. 17-34. Purposes for which eminent domain may be exercised.
Subject to the provisions of this chapter and in
accordance with article III of the bylaws of the
Community, the right of eminent domain, also
called condemnation, may be excised by the Community to:
(1) Acquire all or any portion of any ownership interest in any real property or improvements located within the exterior
boundaries of the Community which ownership interest is held by any nonmember
of the Community who is not an heir of an
original allottee and which land is not
subject to trust status.
(2) Acquire the leasehold interest of a lessee
of Community land for the purpose of
using such land for roadway and utility
corridors and other public purposes.
(Code 1981, § 5-61; Code 2012, § 17-21; Ord. No.
SRO-110-88, § 1, 2-17-1988; Ord. No. SRO-125-89,
§ 1, 7-12-1989; Ord. No. SRO-402-2012, § 17-21,
5-30-2012)
CD17:12
DEVELOPMENT, REAL PROPERTY AND HOUSING
(2)
Sec. 17-35. Prerequisite to condemnation.
Before instituting an action for condemnation
the council shall first enact a resolution of its
intention to condemn. The legal description of the
property and/or improvements or interests in
property to be condemned shall be set forth in the
resolution.
(Code 1981, § 5-62; Code 2012, § 17-22; Ord. No.
SRO-110-88, § 2, 2-17-1988; Ord. No. SRO-125-89,
§ 2, 7-12-1989; Ord. No. SRO-402-2012, § 17-22,
5-30-2012)
Sec. 17-36. Actions for condemnation; immediate possession; money deposit.
(a) Commencement of action; application for
possession. All actions for condemnation shall be
brought as other civil actions in the Community
court. The action shall be commenced in the name
of the Community as plaintiff. The plaintiff may,
at the time of filing the complaint, or at any time
thereafter, make application to the court for an
order permitting it to take possession of and use
the property or interest therein sought to be
condemned.
(b) Service of notice. Upon filing the application, a time for hearing shall be fixed, and notice
thereof served upon the parties in interest by
personal service pursuant to section 5-23 or by
publication in a newspaper of general circulation
in Maricopa County, Arizona, if they cannot be
served pursuant to the Community's Rules of
Civil Procedure.
(c) Evidence or probable damages. On the day
of the hearing the court shall receive evidence as
to the probable damages to each owner, possessor
or person having an interest in each parcel of land
and/or improvements or interests in property
sought to be condemned, and may direct that
upon a deposit of money or a bond in a form to be
approved by the court, the plaintiff shall be let
into the possession and full use of the parcels of
land and/or improvements or interests in property, as described in the order. In determining the
value of a lessee's interest in a leasehold estate
the value shall be limited by the more restrictive
of:
(1)
The uses allowed under the lease;
§ 17-36
The uses permitted in the zoning of the
land subject of the lease in force at the
time the application was filed; and
shall be further limited to the extent the considerations for the leasehold interest were less than
the highest value obtainable as allowed under the
provisions of 25 USC 416.
(d) Deposit of money or bond. The money or
bond may be deposited with the Community treasurer at the election of the plaintiff and held for
the use and benefit of each person having an
interest in each parcel of land sought to be condemned, subject to final judgment after trial of
the action, and held also as a fund to pay any
further damages and costs recovered in the proceedings, as well as all damages sustained by the
defendant if for any cause the property is not
finally taken. The deposit of the money or bond
shall not discharge the plaintiff from liability to
maintain the fund in full but it shall remain
deposited for all accidents, defalcations or other
contingencies, as between the parties to the proceedings, at the risk of the plaintiff, until the
compensation or damage is finally settled by
judicial determination, and the court awards such
part thereof as shall be determined to the defendant or the treasurer is ordered by the court to
disburse it.
(e) Investment and disbursement of money or
bond. The treasurer shall receive the money or
bond and return a receipt therefor to the court
and the treasurer shall safely keep such deposit
in a special fund to be entered on his or her books
as the condemnation fund. The treasurer shall
invest and reinvest the monies in the condemnation fund. The treasurer shall disburse the money
deposited and, if necessary, convert such investments to cash for the purpose of making such
disbursements or forfeit the bond as the court
may direct pursuant to its judgment. After satisfaction of the judgment in a condemnation action,
the excess, if any, of the deposit made regarding
such action, including monies earned by the investment and reinvestment of such deposit, shall
be returned by the treasurer to the plaintiff.
(f) Amount of deposit. The parties may stipulate as to the amount of deposit, or for a bond from
the plaintiff in lieu of a deposit.
CD17:13
§ 17-36
COMMUNITY CODE OF ORDINANCES
of an original allottee and that the land
described in section 17-36 is not in trust
status.
(g) Rights of persons in interest. The parties
may stipulate that:
(1)
(2)
The plaintiff deposit with the clerk of the
court the amount in money for each person in interest which plaintiff's valuation
evidence shows to be the probable damages to each person in interest; and
Upon order of the court each person in
interest may withdraw the amount which
plaintiff has deposited for his or her interest.
(h) Withdrawal or repayment of funds. No person in interest for whom a deposit has been made,
pursuant to stipulation for his or her withdrawal,
shall be entitled to interest upon the amount
which he or she is allowed to withdraw, but he or
she shall be entitled to interest upon that portion
of the final judgment, exclusive of costs allowed
by the court, which exceeds the amount which is
deposited for his or her withdrawal. Should the
amount which is withdrawn by any defendant
exceed the amount of the final judgment awarded
the defendant inclusive of costs allowed by the
court, such defendant withdrawing the funds shall
forthwith repay the plaintiff such excess, with
legal interest, as set by the court, but, not to
exceed ten percent, from date of withdrawal to
date of repayment.
(i) Use as evidence. No stipulation which is
made nor any evidence which is introduced pursuant to this section shall be introduced in evidence or used to the prejudice of any party in
interest on the trial for the action.
(Code 1981, § 5-63; Code 2012, § 17-23; Ord. No.
SRO-110-88, § 3, 2-17-1988; Ord. No. SRO-125-89,
§ 3, 7-12-1989; Ord. No. SRO-402-2012, § 17-23,
5-30-2012)
Sec. 17-37. Complaint.
The complaint shall set forth:
(1)
The names of all owners and claimants of
the property, if known, or a statement
that they are unknown, as defendants.
(2)
A statement that the owner or owners are
not members of the Community nor heirs
(3)
A description of each interest in land
and/or improvement sought to be taken,
and whether the interest in land constitutes the whole or only a part of an entire
parcel or tract.
(Code 1981, § 5-64; Code 2012, § 17-24; Ord. No.
SRO-110-88, § 4, 2-17-1988; Ord. No. SRO-125-89,
§ 4, 7-12-1989; Ord. No. SRO-402-2012, § 17-24,
5-30-2012)
Sec. 17-38. Summons; contents; service.
(a) The clerk shall issue a summons containing:
(1)
The names of the parties.
(2)
A general description of the whole property.
(3)
A reference to the complaint for descriptions of the respective parcels.
(4)
Notice to defendants to appear and show
cause why the property described should
not be condemned as prayed for in the
complaint.
(b) The summons in all other particulars shall
be as provided in civil actions and shall be served
in like manner.
(Code 1981, § 5-65; Code 2012, § 17-25; Ord. No.
SRO-110-88, § 5, 2-17-1988; Ord. No. SRO-125-89,
§ 5, 7-12-1989; Ord. No. SRO-402-2012, § 17-25,
5-30-2012)
Sec. 17-39. Right to defend action.
All persons occupying, or having or claiming an
interest in any of the property described in the
complaint, or in the damages for the taking thereof,
though not named, may appear, plead and defend
in respect to his or her property or interest, or
that claimed by him or her, as if named in the
complaint.
(Code 1981, § 5-66; Code 2012, § 17-26; Ord. No.
SRO-110-88, § 6, 2-17-1988; Ord. No. SRO-125-89,
§ 6, 7-12-1989; Ord. No. SRO-402-2012, § 17-26,
5-30-2012)
CD17:14
DEVELOPMENT, REAL PROPERTY AND HOUSING
Sec. 17-40. Ascertainment and assessment of
value, damages and benefits.
The court shall ascertain and assess in regard
to eminent domain exercised under:
(1)
(2)
Section 17-34(1), the value of the property
sought to be condemned and all improvements thereon pertaining to the realty,
and of each and every separate estate or
interest therein, and if it consists of different parcels, the value of each parcel
and each estate or interest therein separately;
Section 17-34(2), the value of the lessee's
interest in the leasehold estate shall be
limited by the more restrictive of the uses:
a.
Allowed under the lease;
b.
Permitted in the zoning of the land
subject of the lease in force at the
time the application was filed; and
shall be further limited to the extent the considerations for the leasehold interest were less than
the highest value obtainable as allowed under the
provisions of 25 USC 416.
(Code 1981, § 5-67; Code 2012, § 17-27; Ord. No.
SRO-110-88, § 7, 2-17-1988; Ord. No. SRO-125-89,
§ 7, 7-12-1989; Ord. No. SRO-402-2012, § 17-27,
5-30-2012)
Sec. 17-41. Accrual of right to compensation and damages; limitation.
(a) For the purpose of assessing compensation
and damages, the right to compensation and
damages shall be deemed to accrue at the date of
the summons, and its actual value at that date
shall be the measure of compensation and damages.
(b) If an order is made letting the plaintiff into
possession prior to final judgment, the compensation and damages awarded shall draw legal interest from the date of the order except that where
the defendant is allowed, pursuant to section
17-36(c), to withdraw the money deposited by
plaintiff, such defendant shall not be entitled to
any legal interest upon the money which he or she
is allowed to withdraw regardless of the date of
the order letting plaintiff into possession.
§ 17-43
(c) No improvements placed upon the property
subsequent to the date of service of summons
shall be included in the assessment of compensation or damages.
(Code 1981, § 5-68; Code 2012, § 17-28; Ord. No.
SRO-110-88, § 8, 2-17-1988; Ord. No. SRO-125-89,
§ 8, 7-12-1989; Ord. No. SRO-402-2012, § 17-28,
5-30-2012)
Sec. 17-42. Final order of condemnation;
vesting of property.
When the final judgment has been satisfied,
the court shall make a final order of condemnation, describing the property condemned; and
thereupon the property described shall vest in
plaintiff.
(Code 1981, § 5-69; Code 2012, § 17-29; Ord. No.
SRO-110-88, § 9, 2-17-1988; Ord. No. SRO-125-89,
§ 9, 7-12-1989; Ord. No. SRO-402-2012, § 17-29,
5-30-2012)
Sec. 17-43. Procedures following judgment.
(a) Possession by plaintiff after judgment or
pending appeal. At any time after judgment is
entered, or pending an appeal from the judgment
to the appellate division, when plaintiff has paid
into court for defendant or defendants the full
amount of the judgment, and such other amounts
as required by the court as a fund to pay further
damages and costs which may be recovered in the
proceedings, as well as all damages that may be
sustained by defendant or defendants if for any
cause the property is not finally taken the trial
court may, upon notice of not less than ten days,
authorize plaintiff, if already in possession, to
continue therein, or if not, then to take possession
of and use the property until final conclusion of
the litigation, and may, if necessary, stay all
actions and proceedings against plaintiff on account thereof.
(b) Receipt of payment by defendants. The defendant or defendants who are entitled to the
money paid into court upon any judgment may
demand and receive the money at any time thereafter upon an order of the court. The court shall,
upon application, order the money so paid into
court delivered to the party entitled thereto upon
his or her filing either a satisfaction of the judg-
CD17:15
§ 17-43
COMMUNITY CODE OF ORDINANCES
ment or a receipt for the money, and an abandonment of all defenses to the action or proceeding
except as to the amount of damages to which he or
she may be entitled if a new trial is granted. Such
payment shall be deemed an abandonment of all
defenses, except the party's claim for greater
compensation.
(c) Custody of money paid into court. The money
paid into court on final judgment may be placed
by order of court in the custody of the treasurer to
be held or disbursed upon order of court, and
plaintiff and such officers shall be subject to the
same responsibility, liabilities and restrictions
with respect thereto as provided in this article
when money is paid into court by plaintiff upon
application for possession before trial.
(d) Costs of new trial. When a new trial is
granted upon application of a defendant, and he
or she fails upon the trial to obtain greater
compensation than was allowed upon the first
trial, the costs of the new trial shall be taxed
against him or her.
(Code 1981, § 5-70; Code 2012, § 17-30; Ord. No.
SRO-110-88, § 10, 2-17-1988; Ord. No. SRO-12589, § 10, 7-12-1989; Ord. No. SRO-402-2012, § 1730, 5-30-2012)
Sec. 17-44. Costs.
(a) Costs may be allowed or not, and if allowed
may be apportioned between the parties on the
same or adverse sides, in the discretion of the
court.
(b) If, prior to commencement of the action or
proceeding, the Community tenders to the owner
of the property and/or improvements such sum of
money as it deems the reasonable value of the
property, or interests in property, and the owner
refuses to accept it and transfer the property, then
all costs and expenses of the action or proceeding
shall be taxes against the owner unless the sum of
money assessed in the judgment as the value of
the property and compensation to be paid therefor
is greater than the amount so tendered.
(Code 1981, § 5-71; Code 2012, § 17-31; Ord. No.
SRO-110-88, § 11, 2-17-1988; Ord. No. SRO-12589, § 11, 7-12-1989; Ord. No. SRO-402-2012, § 1731, 5-30-2012)
Secs. 17-45—17-61. Reserved.
ARTICLE III. ROADWAY CONSTRUCTION
Sec. 17-62. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Private road or driveway means a place in
allotted assigned fee or tribal ownership and used
for vehicular traffic by the owner and those having express or implied permission from the owner,
but not by other persons.
Roadway means all streets, highways and roads
which are not defined as private roads or driveways.
(Code 1976, § 14.11; Code 1981, § 17-41; Code
2012, § 17-41; Ord. No. SRO-30-74, 5-29-1974;
Ord. No. SRO-402-2012, § 17-41, 5-30-2012)
Sec. 17-63. Authorization required for construction.
No roadway shall be constructed upon the
lands within the exterior boundaries of the Community unless the Community Council enacts a
resolution authorizing such roadway construction.
(Code 1976, § 14.12; Code 1981, § 17-42; Code
2012, § 17-42; Ord. No. SRO-30-74, 5-29-1974;
Ord. No. SRO-346-09, § 1, 1-21-2009; Ord. No.
SRO-402-2012, § 17-42, 5-30-2012)
Sec. 17-64. Applicability of article.
This article shall apply only to the construction
of new roadways and to the widening of old
roadways by the addition of no less than five feet.
(Code 1976, § 14.16; Code 1981, § 17-43; Code
2012, § 17-43; Ord. No. SRO-30-74, 5-29-1974;
Ord. No. SRO-402-2012, § 17-43, 5-30-2012)
Sec. 17-65. Exclusion of certain lands.
This article will not apply to roadways proposed to be constructed in the following described
CD17:16
DEVELOPMENT, REAL PROPERTY AND HOUSING
portion of the Community: Section 1, Township 1
North, Range 4 East, Gila and Salt River Meridian, Arizona.
(Code 1976, § 14.17; Code 1981, § 17-44; Code
2012, § 17-44; Ord. No. SRO-30-74, 5-29-1974;
Ord. No. SRO-402-2012, § 17-44, 5-30-2012)
Sec. 17-66. Procedure; hearing and notice.
The land management board of the Community shall sit as a hearing board in all matters
concerning the construction of roadways upon
lands within the exterior boundaries of the Community. Hearings will be conducted by the land
management board at the direction of the Community council. At such hearings, the land management board will take testimony as to whether
the general welfare of the Community will be
served by the construction of a proposed roadway.
All such hearings shall be publicly noticed by the
posting of notices 14 days prior to the holding on
all public bulletin boards within the Community,
by publication at least once, no less than 14 days
prior to the holding of the hearing in any newspaper of general circulation distributed within
the Community, and by written notice to all
persons having an interest in assigned land or
allotments located within one-half mile of the
proposed roadway. The notices of hearing will
solicit the attendance and advice of all Community members.
(Code 1976, § 14.13; Code 1981, § 17-45; Code
2012, § 17-45; Ord. No. SRO-30-74, 5-29-1974;
Ord. No. SRO-402-2012, § 17-45, 5-30-2012)
Sec. 17-67. Report to the Community Council.
At the conclusion of its hearing and within five
days thereof, the land management board shall
make its report to the Community Council. The
report shall relate the findings of the land management board, based upon the testimony received at the hearing, as to whether the general
welfare of the Community will be served by the
construction of the proposed roadway.
(Code 1976, § 14.14; Code 1981, § 17-46; Code
2012, § 17-46; Ord. No. SRO-30-74, 5-29-1974;
Ord. No. SRO-402-2012, § 17-46, 5-30-2012)
Supp. No. 1
§ 17-95
Sec. 17-68. Action by Community Council.
Within 14 days after receiving the report of the
land management board, the Community Council
shall determine whether the proposed roadway
construction shall be approved or disapproved,
including any new stipulations or modifications
that the Community Council may require, unless,
the Community Council continues the determination. The Community Council may continue a
determination no more than twice and for no
more than 14 days of each such continuance
occasion. Approval of construction shall be by
resolution enacted by the Community Council.
Failure to act within the time set out shall constitute a denial of the application for construction
of a roadway. Notice of the enactment of a resolution or of nonaction for 14 days subsequent to the
receipt of a report from the land management
board, or for such continued time as determined
by the Community Council, shall be given to the
person who has solicited the approval of the
Community Council, to all persons who had previously received personal mailed notice of the
proposed construction, and to all persons who
attended the hearing of the land management
board. The Community Council may approve the
roadway construction for the outer loop freeway
and for other construction of roadways which
have utilized or are complying with applicable
Community and federal right-of-way processes
without a public hearing before the land management board and/or the Community Council, and
in addition, without submission of a report from
the land management board.
(Code 1976, § 14.15; Code 1981, § 17-47; Code
2012, § 17-47; Ord. No. SRO-30-74, 5-29-1974;
Ord. No. SRO-131-90, 8-20-1990; Ord. No. SRO346-09, § 2, 1-21-2009; Ord. No. SRO-402-2012,
§ 17-47, 5-30-2012)
Secs. 17-69—17-94. Reserved.
ARTICLE IV. STREET NUMBERS AND
NAMES
Sec. 17-95. Policy.
(a) It shall be the policy of the Community to
assign street addresses to all properties and buildings thereon and naming of streets or roads
within the Community.
CD17:17
§ 17-95
COMMUNITY CODE OF ORDINANCES
(b) The planning and land management department is hereby authorized to administer the provisions of this article.
(c) The director is further authorized to promulgate such rules and regulations as required to
implement this article.
(d) All house numbering shall correspond to
the Maricopa County address and street assignment policy.
(Code 1981, § 17-48; Code 2012, § 17-48; Ord. No.
SRO-73-81, § 1, 9-2-1981; Ord. No. SRO-4022012, § 17-48, 5-30-2012)
Sec. 17-96. Street addressing.
(a) Property having one building will be issued
one address and must front on a named street
that corresponds to existing nearby streets and
numbering.
(e) Existing mile and half-mile road or street
names are to remain fixed except where recommendations calling for changes are approved by
the Community Council.
(f) All future road or street names shall be
approved as provided herein.
(Code 1981, § 17-50; Code 2012, § 17-50; Ord. No.
SRO-73-81, § 3, 9-2-1981; Ord. No. SRO-4022012, § 17-50, 5-30-2012)
Sec. 17-98. Block addressing.
A series of addresses assigned to 11/2-mile grids
within a range must be in a sequential series
using zero as a base point extending north and
east from an existing Maricopa County system.
(Code 1981, § 17-50.1; Code 2012, § 17-50.1; Ord.
No. SRO-73-81, § 4, 9-2-1981; Ord. No. SRO-4022012, § 17-50.1, 5-30-2012)
Secs. 17-99—17-124. Reserved.
(b) Property having several buildings with interior street or drives shall be issued one master
address for the project on which the main entrance fronts.
(c) Property having several buildings without
interior streets or drives shall be issued one
address for each building on a dedicated street.
(Code 1981, § 17-49; Code 2012, § 17-49; Ord. No.
SRO-73-81, § 2, 9-2-1981; Ord. No. SRO-4022012, § 17-49, 5-30-2012)
Sec. 17-97. Street naming.
(a) The land management board shall review
and recommend to the Community Council approval or disapproval of all street names.
(b) Alignment is the arrangement, positioning,
adjustment or formation of a line, road or street
with another line, road or street of extension of
that line.
(c) Street names. Any combination of no fewer
than two of a prefix, primary, and suffix will
constitute a full or total name.
(d) A complete name shall consist of no more
than four words including suffix.
Supp. No. 1
ARTICLE V. HOMESITES
DIVISION 1. GENERALLY
Sec. 17-125. Policy.
(a) The issuance of a residential homesite lease
is reserved for enrolled Community members
only. Any other person not enrolled in the Community seeking permission to have a residential
lease within the Community boundaries will be
denied.
(b) It is the policy of the Community that the
council designates certain tribal lands to be made
available for residential homesites for enrolled
Community members to provide for the health
and welfare of the Community.
(c) The Community also recognizes the limited
availability of tribal lands for homesite purposes
and as such, homesite leases on tribal lands shall
be made in a responsible and prudent manner.
(d) It is the policy of the Community that
enrolled Community members, who are landowners within the Community, be provided the opportunity to have a homesite lease on allotted lands
in which they hold ownership interests.
CD17:18
DEVELOPMENT, REAL PROPERTY AND HOUSING
(e) The Community also recognizes the limited
availability of public resources to provide roadway and utility easements and services to remote
areas of the Community, and as such, a homesite
applicant or assignee may be required to pay for,
at their own expense, certain easements or services to their homesite.
(f) The Community provides important governmental services and capital improvements and
infrastructure, including fire, police, ambulatory,
water, sewer and road maintenance services to
individuals who live within the boundaries of the
Community and due to limited resources and
jurisdictional concerns, only enrolled Community
members may obtain a homesite lease within the
boundaries of the Community.
§ 17-151
Homesite means an area of land that has been
encumbered or is in the process of being encumbered for use by an assignee for a primary residence.
Homesite assignment or homesite lease means a
lawfully approved agreement between either an
allotted landowner(s) or the Community and a
natural person(s) who is the assignee, and such
assignee shall have the right to use of the land for
a primary residence for a certain term.
Landowner means either a natural person or
the Community who owns title to the underlying
land interests.
SRPMIC means the Salt River Pima-Maricopa
Indian Community.
(g) The Community supports providing educational opportunities for homeowners and potential homeowners to ensure that enrolled Community members are aware of homeownership
opportunities and responsibilities including the
manner and type of building materials available,
financing options, the dangers of predatory lending and the responsibilities of long-term care and
maintenance of homes.
(Code 1981, § 17-51(a); Code 2012, § 17-51(a);
Ord. No. SRO-353-2010, 10-21-2010; Ord. No.
SRO-402-2012, § 17-15(a), 5-30-2012; Ord. No.
SRO-453-2015, § 17-125, 10-22-2014)
Tribal land means land owned by the Community.
(Code 1981, § 17-51(b); Code 2012, § 17-51(b);
Ord. No. SRO-353-2010, 10-21-2010; Ord. No.
SRO-402-2012, § 17-15(b), 5-30-2012)
Sec. 17-126. Definitions.
Secs. 17-127—17-150. Reserved.
Supporting easement means any and all ingress/
egress easements (i.e. roadway) and basic utility
easements (including but not limited to sewer,
wastewater, water, telecommunications, irrigation, natural gas and/or electrical) necessary for
the health, welfare and safety of the homesite
assignee.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Allotted lands means land held in trust status
by the United States federal government for the
benefit of an individual person.
Applicant means any natural person(s) that is
requesting approval for a homesite lease within
the jurisdictional and/or physical boundaries of
the Community.
Assignee means any natural person(s) to whom
homesite rights or benefits are transferred to.
Community means the Salt River PimaMaricopa Indian Community.
Supp. No. 1
DIVISION 2. HOMESITE LEASES ON
TRIBAL LANDS
Sec. 17-151. Designated area for homesites
on tribal lands.
The Community Council shall designate certain tribal lands within the Community to be used
solely for the purpose of residential homesite
development. The Community development department shall be responsible for maintaining
and administering all records relating to the
Community's tribal lands that are designated for
residential homesite development.
(Code 1981, § 17-52; Code 2012, § 17-52; Ord. No.
SRO-353-2010, 10-21-2010; Ord. No. SRO-4022012, § 17-52, 5-30-2012)
CD17:19
§ 17-152
COMMUNITY CODE OF ORDINANCES
Sec. 17-152. Application for homesite lease
on tribal lands.
(a) Application and approval process. All applications for a homesite lease on tribal land shall
be filed with the Community development department.
(1)
(2)
(c) Conditions of assignment. All assignees for
a homesite lease on tribal land shall agree to the
following conditions:
Upon receipt of a complete application
and the availability of tribal land suitable
for homesite purposes, the Community
development department shall review and
recommend approval or denial of any proposed homesite lease on tribal land.
The president or vice president shall approve or deny, on behalf of the council, a
homesite lease application. The president
or vice president shall take into account
the recommendation of the Community
development department when making
their decision.
(b) Qualifications of all applicants. In order for
an applicant to qualify for a homesite lease on
tribal land, an applicant must:
(1)
Be an enrolled member of the Community;
(2)
Be at least 18 years of age;
(3)
Not be an owner of any interests of allotted land within the Community that are
suitable for use as a homesite:
(4)
a.
If the applicant owns any interest of
allotted land that is not suitable for
use as a homesite, the applicant may
exchange their interest in accordance with provisions of section 17205, in order to obtain land suitable
for a homesite;
b.
If an applicant sells an interest of
allotted land that is suitable for
homesite use to the Community after November 1, 2009, such applicant is not eligible for a homesite on
tribal land, unless expressly authorized by council; and
Have enrolled in and completed a Community-endorsed home ownership education class.
Supp. No. 1
CD17:20
(1)
If a homesite assignee has not obtained at
least a letter of engagement from a bona
fide lender within three years from the
date of the homesite lease approval, the
assignment shall terminate and the Community may elect to reassign the assignment.
(2)
A homesite assignee shall be responsible
for all costs and charges associated with
the assigned property and its use.
(3)
A homesite assignee shall bear all costs of
construction related to the building of a
home on the homesite, including costs
associated with acquiring supporting easements to the residential dwelling from the
nearest existing easement.
(4)
A homesite assignee shall hold the Community harmless from any and all liability in regards to the construction of the
home on the homesite.
(5)
A homesite assignee shall agree to abide
by all of the laws, ordinances, regulations,
policies and rules of the Community, including those related to securing relevant
building permits and approvals for the
construction of a house upon the assigned
homesite.
(6)
The homesite assignment shall terminate
if the house erected on the homesite is
vacant for a period of more than one year
or is destroyed by fire or other casualty
and not replaced and occupied within two
years of such event.
(7)
No more than one dwelling unit shall be
constructed on any homesite. Accessory
structures authorized by the Community
zoning code, with the approval of the
Community development department, may
be constructed.
(8)
The homesite shall be used primarily for
the applicant's residential use. An assignee shall not sell, lease or encumber to
a third party their homesite lease without
the approval of the Community.
DEVELOPMENT, REAL PROPERTY AND HOUSING
(d) Penalties. Any person who violates any
provisions of this section may be subject to termination of their homesite lease, including the possibility of also being subject to civil or criminal
prosecution by the Community.
(Code 1981, § 17-53; Code 2012, § 17-53; Ord. No.
SRO-353-2010, 10-21-2010; Ord. No. SRO-4022012, § 17-53, 5-30-2012; Ord. No. SRO-453-2015,
§ 17-152, 10-22-2014)
(3)
Infrastructure and capital improvements.
a.
The homesite applicant shall be required to meet with the engineering
and construction services and the
public works departments to verify
basic utility services and supporting
easements for the proposed homesite
through a homesite verification or
withdrawal process. This verification of utility service shall include a
review of all legal access to domestic
water sources, sewer and waste water, electricity and roadway access to
the homesite.
b.
No homesite shall be approved by
the Community until any and all
necessary supporting easements have
been obtained.
Secs. 17-153—17-172. Reserved.
DIVISION 3. HOMESITES ON ALLOTTED
LANDS
Sec. 17-173. Community development department to maintain and administer.
(a) Adminstration of records. The Community
development department shall be responsible for
maintaining and administering all records regarding homesites on allotted land.
(1)
b.
(2)
1.
If the proposed homesite, does
not have access to certain necessary supporting easements,
the applicant is solely responsible for obtaining the necessary
roadway and/or utility easements that cross adjacent allotted or tribal lands.
2.
If the supporting easements necessary for the proposed homesite
are not planned for and incorporated in the Community's
Capital Improvement Plan (CIP)
budget for the current fiscal
year, the applicant shall be required to pay for all such supporting utilities easements.
3.
All supporting easements shall
be constructed in accordance
with the laws, ordinances and
policies of the Community and
upon completion such utilities
and easement shall be dedicated by the applicant/assignee
to the Community who will then
assume the costs and responsibilities of operation and maintenance of the supporting easement.
Application process and qualification.
a.
Application process. The application
for a homesite on allotted land shall
be filed with the Community development department.
1.
The Community development
department shall review and
process the homesite application.
2.
Until a homesite application has
been executed and approved by
the secretary of the interior,
the applicant shall have no
rights or interest in the land
underlying
the
proposed
homesite location.
Qualification. The Community development department shall only process a homesite application if the
applicant is an enrolled Community
member.
Landowner consent. All homesites on allotted lands shall require at least the
minimum consents of all other co-landowners, as required by federal law.
Supp. No. 1
CD17:21
§ 17-173
§ 17-173
(4)
COMMUNITY CODE OF ORDINANCES
Haul permit. A Community haul permit
shall be required prior to the transporting
of any modular or mobile homes within
the boundaries of the Community.
(b) A homesite assignee may devise the remaining length of their homesite lease and/or assignment to the following:
(b) Homeownership education. All applicants
seeking a homesite on allotted lands are encouraged to attend an educational workshop on building materials, long-term maintenance and financing.
(Code 1981, § 17-53a; Code 2012, § 17-53A; Ord.
No. SRO-353-2010, 10-21-2010; Ord. No. SRO-4022012, § 17-53a, 5-30-2012)
Secs. 17-174—17-199. Reserved.
DIVISION 4. HOMESITES GENERALLY
Sec. 17-200. Period of assignment; renewal
option; fee.
Homesite leases on either tribal or allotted
land shall be granted for a period of 65 years and
may be renewed after expiration of the original
term.
(1)
Heirs, including spouses, who are enrolled members of the Community, lineal
descendents of an enrolled member of the
Community or enrolled members of a federally recognized tribe; or
(2)
A life-estate interest to a non-Indian spouse
conditioned on the non-Indian spouse's
express written consent to the laws, ordinances, policies and jurisdiction of the
Community.
(c) In the absence of a will, the assignment,
which is personal property, shall descend to heirs
at law of the assignee who are enrolled members
of the Community or another federally recognize
tribe.
(Code 1981, § 17-55; Code 2012, § 17-55; Ord. No.
SRO-353-2010, 10-21-2010; Ord. No. SRO-4022012, § 17-55, 5-30-2012)
Sec. 17-202. Governmental access and responsibilities.
Community governmental access to homesites
on allotted or tribal lands is as follows:
Assignment on tribal land. The fee for
homesite assignments on tribal land shall
be $65.00.
(2)
Assignment on allotted lands. The fee for
assignments of homesite leases on allotted land shall be determined by the landowner(s) and the assignee. In accordance
with federal law, assignments of homesite
leases to and from certain family members may occur without monetary consideration.
(Code 1981, § 17-54; Code 2012, § 17-54; Ord. No.
SRO-353-2010, 10-21-2010; Ord. No. SRO-4022012, § 17-54, 5-30-2012)
Sec. 17-201. Rights of homesite assignee.
(a) A homesite assignee shall have the right to
the quiet enjoyment of the use of the homesite so
long as the conditions of the assignment are not
violated.
Supp. No. 1
(1)
CD17:22
(1)
Blighted areas. The Community has determined that certain blighted areas constitute a serious and growing menace,
injurious or harmful to the Community
and its members. The existence of these
blighted areas contributes substantially
and increasingly to the spread of disease
and crime, necessitating expenditures of
Community funds to ensure the preservation of the public health, safety, morals
and welfare.
a.
The Community government shall
not exercise its power to remove or
remediate any serious growing menace, injurious and harmful to the
public health, safety, morals and welfare of the Community and its members unless the Community Council
adopts a resolution that finds the
following:
1.
Conditions exist that meet the
standards of a serious growing
DEVELOPMENT, REAL PROPERTY AND HOUSING
menace, injurious and harmful
to the public health, safety, morals and welfare of the Community;
2.
b.
(2)
(3)
Removal or remediation of that
area is necessary in the interest of the public health, safety,
morals or welfare of the residents of the Community.
The Community shall notify both
the landowner(s) and the assignee of
the proposed removal or remediation
of the condition that is a serious
growing menace, injurious and harmful to the public health, safety, morals and welfare of the Community.
1.
The notice to the landowners
and the assignee shall contain
the time, date and location of
the public meeting in which the
council resolution will be presented.
2.
The notice shall be made by
standard mail to the address
stated on the most recent records of the Community.
Surveys and other assessments. All
homesite lease applications on allotted or
tribal land shall provide for a provision
authorizing the Community to perform
land or other nondestructive surveys as
needed including surveys of environmental impacts, public safety access, or cultural or archaeological investigations for
purposes of obtaining a homesite lease.
Operation and maintenance of supporting
easements. All homesite leases on allotted
or tribal land shall provide a provision
authorizing the Community to maintain
ingress/egress roadways and basic utilities for purposes of public safety and the
protection of the health and welfare of the
Community.
(Code 1981, § 17-56; Code 2012, § 17-56; Ord. No.
SRO-353-2010, 10-21-2010; Ord. No. SRO-4022012, § 17-56, 5-30-2012)
§ 17-233
Sec. 17-203. Veteran's preference.
Any veteran of the United States Armed Forces
who is an enrolled Community member shall
have a preference in the assignment of a homesite
on tribal land.
(Code 1981, § 17-57; Code 2012, § 17-57; Ord. No.
SRO-353-2010, 10-21-2010; Ord. No. SRO-4022012, § 17-57, 5-30-2012)
Sec. 17-204. Exchange of land for homesites.
Application procedure for homesite exchange:
(1)
If an applicant has interests in allotted
land that are insufficient enough to be
used as a homesite location or that is
otherwise inappropriate for homesite use,
the applicant may apply to the Community development department to exchange
their allotted land interest for tribal land.
(2)
The applicant's interest in allotted land
would be exchanged with tribal land on a
value-for-value basis consistent with any
applicable federal requirements.
(3)
The Community development department
will review a land exchange application
and present its review together with its
recommendation to the president, and in
the absence of the president, the vice
president, who shall have the authority to
determine whether or not the exchange is
in the best interest of the Community, and
if such a determination is made, the president or vice president may agree to proceed with such an exchange.
(Code 1981, § 17-58; Code 2012, § 17-58; Ord. No.
SRO-353-2010, 10-21-2010; Ord. No. SRO-4022012, § 17-58, 5-30-2012)
Secs. 17-205—17-233. Reserved.
CD17:23
§ 17-234
COMMUNITY CODE OF ORDINANCES
Sec. 17-235. Forcible entry.
ARTICLE VI. FORCIBLE ENTRY AND
DETAINER
A person is guilty of forcible entry and detainer,
or of forcible detainer, as the case may be, if he or
she:
Sec. 17-234. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
(1)
Makes an entry into any lands except in
cases where entry is given by law.
(2)
Makes such an entry by force.
(3)
Allottee or allottees means a person or persons
to whom land has been allotted in individual
ownership under the trusteeship of the United
States Government pursuant to 25 USC ch. 9.
Community leasing authority means the Community Council which has, under article VII,
section 1(d) of the Constitution of the Community,
the authority to lease and otherwise grant to
private parties and public bodies the right to use
tribal land and to use, explore, develop and extract natural resources of the Community, subject
to such requirements of approval by the secretary
of interior or other officials as may be required by
federal law.
Willfully and without force, holds over
any lands after termination of the time for
which such lands were let to him, her or to
the person under whom he or she claims,
after demand made in writing for the
possession thereof by the person entitled
to such possession.
(Code 1976, § 15.2; Code 1981, § 17-62; Code 2012,
§ 17-62; Ord. No. SRO-26-74, 5-1-1974; Ord. No.
SRO-208-95, § 2, 8-30-1995; Ord. No. SRO-4022012, § 17-62, 5-30-2012)
Sec. 17-236. Forcible detainer.
There is a forcible detainer if:
(1)
A tenant at will or by sufferance, after
termination of his or her tenancy or after
written demand of possession by his or
her landlord, or a tenant from month to
month or a lesser period whose rent is due
and unpaid, or a mortgagee or beneficiary
under a mortgage or deed of trust after a
foreclosure or trustee's sale pursuant to
Ordinance No. SRO-198-95 codified herein
as divisions 2 and 3 of article XI of this
chapter, fails or refuses for five days after
demand in writing to surrender and give
possession to his or her landlord.
(2)
The tenant of a person who has made a
forcible entry refuses for five days after
written demand to give possession to the
person upon whose possession the forcible
entry was made.
(3)
A person who has made a forcible entry
upon the possession of one who acquired
such possession by forcible entry refuses
for five days after written demand to give
possession to the person upon whose possession the first forcible entry was made.
Fee owner means any person owning land within
the exterior boundaries of the Community in fee
simple absolute.
Landlord means an allottee or allottees, Community leasing authority, fee owner, and beneficiary or mortgagor after a foreclosure or trustee's
sale under the mortgage Ordinance No. SRO-19895, adopted May 3, 1995, codified herein as divisions 2 and 3 of article XI of this chapter including, but not limited to, a leasehold mortgage
under section 184 of the housing loan guarantee
program.
Tenant means any person who has possession
of the real property of a landlord as a result of an
agreement with such other person or entity allowing such possession, whether or not such agreement has terminated.
(Code 1976, § 15.1; Code 1981, § 17-61; Code 2012,
§ 17-61; Ord. No. SRO-26-74, 5-1-1974; Ord. No.
SRO-208-95, § 2, 8-30-1995; Ord. No. SRO-4022012, § 17-61, 5-30-2012)
CD17:24
DEVELOPMENT, REAL PROPERTY AND HOUSING
(4)
A person who has made a forcible entry
upon the possession of a tenant for a term
refuses to deliver possession to the landlord for five days after written demand,
after the term expires. If the term expires
while a writ of forcible entry applied for
by the tenant is pending, the landlord
may, at his or her own cost and for his or
her own benefit, prosecute in the name of
the tenant.
(Code 1976, § 15.3; Code 1981, § 17-63; Code 2012,
§ 17-63; Ord. No. SRO-26-74, 5-1-1974; Ord. No.
SRO-208-95, § 2, 8-30-1995; Ord. No. SRO-4022012, § 17-63, 5-30-2012)
Sec. 17-237. Immateriality of time possession obtained by tenant.
§ 17-241
Sec. 17-239. Demand for jury; trial procedure.
(a) The clerk shall at the time of issuing the
summons, if requested by plaintiff, issue a venire
to the chief of police commanding him or her to
summon a jury of six persons, qualified jurors of
the Community, to appear on the day set for trial
to serve as jurors in the action. The venire shall
be served and returned on the day assigned for
trial.
(b) If the plaintiff does not request a jury, the
defendant may do so when he or she appears, and
the jury shall be summoned in the manner set
forth in subsection (a) of this section.
(Code 1976, § 15.7; Code 1981, § 17-66; Code 2012,
§ 17-66; Ord. No. SRO-26-74, 5-1-1974; Ord. No.
SRO-402-2012, § 17-66, 5-30-2012)
It is not material whether a tenant received
possession from his or her landlord or became his
or her tenant after obtaining possession.
(Code 1976, § 15.5; Code 1981, § 17-64; Code 2012,
§ 17-64; Ord. No. SRO-26-74, 5-1-1974; Ord. No.
SRO-402-2012, § 17-64, 5-30-2012)
Sec. 17-240. Trial and issue; postponement
of trial.
Sec. 17-238. Complaint and answer; service
and return.
(b) If a jury is demanded, it shall return a
verdict of guilty or not guilty of the charge as
stated in the complaint. If a jury is not demanded,
the action shall be tried by the court.
(a) When a party aggrieved files a complaint of
forcible entry or forcible detainer, in writing and
under oath, with the clerk of the Community
court, summons shall immediately issue commanding the person against whom the complaint is
made to appear and answer the complaint at a
time and place named, not more than six nor less
than three days from the date of the summons.
(b) The complaint shall contain a description
of the premises of which possession is claimed in
sufficient detail to identify them, and shall also
state the facts which entitle plaintiff to possession
and authorize the action.
(c) The summons shall be served at least two
days before the return day, and return made
thereof on the day assigned for trial.
(Code 1976, § 15.6; Code 1981, § 17-65; Code 2012,
§ 17-65; Ord. No. SRO-26-74, 5-1-1974; Ord. No.
SRO-402-2012, § 17-65, 5-30-2012)
(a) On the trial of an action of forcible entry or
forcible detainer, the only issue shall be the right
of actual possession and the merits of title shall
not be inquired into.
(c) For good cause shown, supported by affidavit, the trial may be postponed for a time not to
exceed three days.
(Code 1976, § 15.8; Code 1981, § 17-67; Code 2012,
§ 17-67; Ord. No. SRO-26-74, 5-1-1974; Ord. No.
SRO-402-2012, § 17-67, 5-30-2012)
Sec. 17-241. Judgment; writ of restitution;
limitation on issuance.
(a) If the defendant is found guilty, the court
shall give judgment for the plaintiff for restitution
of the premises and for costs and, at the plaintiff's
option, for all rent found to be due and unpaid at
the date of judgment; such reasonable attorney's
fees as shall have been provided in any agreement
between the parties or if none shall exist, such
reasonable attorney's fees as the court shall adjudicate, damages as shall be proven, and shall
grant a writ of restitution.
CD17:25
§ 17-241
COMMUNITY CODE OF ORDINANCES
(b) If the defendant is found guilty, and the
plaintiff does not exercise the option set out in
subsection (a) of this section for a judgment for
rent, attorney's fees and damages, if any, the
court shall, upon motion of the plaintiff, set a
hearing to determine sums due for rent, attorneys' fees and damages within 30 days of said
motion.
(c) If the defendant is found guilty, and there
existed between the parties a lease agreement
which has by its terms not expired, the plaintiff
may upon motion, and from time-to-time, request
that the court set a time for hearing to determine
the amount of damages which have accrued, if
any, since the time of judgment on rent damages,
or since the time of judgment or any next prior
motion pursuant to this section, and at such
hearing shall determine such damages, if any,
and enter judgment thereon giving credit for
mitigation of damages.
(d) If the defendant is found not guilty, judgment shall be given the defendant against the
plaintiff for costs, and if it appears that the
plaintiff has acquired possession of the premises
since commencement of the action, a writ of
restitution shall issue in favor of defendant.
(e) No writ of restitution shall issue until the
expiration of five days after the rendition of
judgment.
(Code 1976, § 15.9; Code 1981, § 17-68; Code 2012,
§ 17-68; Ord. No. SRO-26-74, 5-1-1974; Ord. No.
SRO-402-2012, § 17-68, 5-30-2012)
Sec. 17-242. Appeal to Community court of
appeals; notice; bond.
(a) Either party may appeal from the Community court to the Community court of appeals by
giving notice as in other civil actions in accordance with chapter 4 and filing with the Community court within five days after rendition of the
judgment a bond in an amount equal to double
the yearly value or rental of the premises in
dispute.
(b) The yearly value or rental of the premises
in dispute shall be determined by the court for the
purpose of fixing the amount of the bond.
(Code 1976, § 15.10; Code 1981, § 17-69; Code
2012, § 17-69; Ord. No. SRO-26-74, 5-1-1974; Ord.
No. SRO-402-2012, § 17-69, 5-30-2012; Ord. No.
SRO-415-2013, § 17-69, 3-1-2013)
Sec. 17-243. Stay of proceedings on judgment; record on appeal.
When an appeal bond is ordered and filed with
the Community court to stay further proceedings
on the judgment, the trial court clerk shall prepare a transcript of all entries in the action and
transmit it, together with all the original papers,
to the clerk of the court of appeals in accordance
with chapter 4.
(Code 1976, § 15.11; Code 1981, § 17-70; Code
2012, § 17-70; Ord. No. SRO-26-74, 5-1-1974; Ord.
No. SRO-402-2012, § 17-70, 5-30-2012; Ord. No.
SRO-415-2013, § 17-70, 3-1-2013)
Sec. 17-244. Trial and judgment on appeal;
writ of restitution.
(a) On trial of the action in the court of appeals, the appellee, if out of possession and the
right of possession is adjudged to him or her, shall
be entitled to damages for withholding possession
of the premises during pendency of the appeal
and the court shall also render judgment in favor
of appellee and against appellant and the sureties
on his or her bond for damages proved and costs.
(b) The writ of restitution or execution shall be
issued by the clerk of the Community court and
shall be executed by the chief of police as in other
actions.
(Code 1976, § 15.12; Code 1981, § 17-71; Code
2012, § 17-71; Ord. No. SRO-26-74, 5-1-1974; Ord.
No. SRO-402-2012, § 17-71, 5-30-2012)
Sec. 17-245. Proceedings no bar to certain
actions.
The proceedings under a forcible entry or forcible detainer shall not bar an action for trespass,
damages, waste, rent or mesne profits.
(Code 1976, § 15.13; Code 1981, § 17-72; Code
2012, § 17-72; Ord. No. SRO-26-74, 5-1-1974; Ord.
No. SRO-402-2012, § 17-72, 5-30-2012)
Secs. 17-246—17-268. Reserved.
CD17:26
DEVELOPMENT, REAL PROPERTY AND HOUSING
ARTICLE VII. OUTDOOR ADVERTISING
SIGNS*
Sec. 17-269. Title.
This article shall be known as the 5Outdoor
Advertising Signs Ordinance.5
(Ord. No. SRO-497-2018, 10-25-2017)
Sec. 17-270. Purpose.
The purpose of this article is to:
(1)
Provide economic opportunities of
advertising adjacent to freeways and high
traffic roadways in locations and in a
manner that has the least amount of
impact on surrounding land uses,
especially residential uses;
(2)
Promote Community safety and welfare;
(3)
Protect the visual qualities of the Community's landscape;
(4)
Prevent a cluttered appearance due to
the number and proximity of outdoor
advertising and business signs;
(5)
Limit the number, location, height, size,
brightness and operation of outdoor
advertising signs; and
(6)
Designate Salt River Community Property
Development and Asset Management
Company (DEVCO) as the exclusive
owner, manager and developer of outdoor
advertising signs within the SRPMIC.
(Ord. No. SRO-497-2018, 10-25-2017)
Sec. 17-271. Applicability.
The provisions of this article shall apply to the
construction, erection, alteration, use, relocation
or removal of all outdoor advertising signs located
within the Community.
(Ord. No. SRO-497-2018, 10-25-2017)
*Editor’s note—Ord. No. SRO-497-2018, adopted Oct.
25, 2017, repealed Art. VII and enacted a new article as set
out herein. The former Art. VII, §§ 17-269—17-278, pertained
to similar subject matter and derived from §§ 17-101—17110 of the 1981 Code; §§ 17-101—17-110 of the 2012 Code;
Ord. No. SRO-123-89, §§ I—IX, adopted May 24, 1989; Ord.
No. SRO-242-99, § 1, adopted Nov. 18, 1998; Ord. No.
SRO-133-91, § 1, adopted Oct. 10, 1990; Ord. No. SRO-4022012, §§ 17-101—17-110, adopted May 30, 2012; and Ord.
No. SRO-468-2015, adopted July 1, 2015.
Supp. No. 2
§ 17-272
Sec. 17-272. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Electronic outdoor advertising sign means a
digital outdoor advertising sign that incorporates
an electronic panel that can electronically change
the image displayed on the sign remotely or
automatically. This also may be referred to as an
internally illuminated outdoor advertising sign.
Freeway pylon sign means a Community
approved freestanding pylon or monument sign,
oriented towards a freeway, which is at least 30
feet in height identifying a project, development,
or the tenant(s) within a building.
Legal requirements mean all statutes, laws,
rules, orders, regulations, conditions, policies,
procedures, codes, standards, permits, fees, taxes
and ordinances and general police powers (including without limitation judicial powers, judgments, decrees and injunctions) of the Community
and applicable federal governmental entities currently in place or hereafter from time to time
adopted by the Community, all as the same may
be adopted, amended, modified, replaced or
superseded from time to time.
Outdoor advertising sign means any (static or
digital) sign or structure which is designed and
maintained for the purpose of soliciting public
support, or directing public attention to the sale,
lease, hire or use of any object, product, service
or function, the sale, hiring, or use of which is
not involved in the primary or principal use of
the parcel upon which such sign structure is
located. 5Billboard5 shall have the same meaning as outdoor advertising sign. outdoor advertising sign does not mean or include signs regulated
by the zoning ordinance.
Sign extension means that part of a graphic or
word that protrudes beyond the normal
rectangular billboard outline.
Sign face means the portion of the sign that
displays the image information and any other
advertising copy.
CD17:27
§ 17-272
COMMUNITY CODE OF ORDINANCES
Static outdoor advertising sign means an
outdoor advertising sign that displays a single
image and the image does not change unless
changed manually. These signs typically are
externally illuminated.
Sunrise means the moment when the upper
edge of the disk of the sun is on the eastern
horizon.
Sec. 17-274. Outdoor
permit.
(1)
Application for an outdoor advertising
sign permit shall be submitted to the
engineering and construction services
(ECS) department in the format and
with the information required on the
forms provided by the engineering and
construction services department.
(2)
(a) General compliance. Outdoor advertising
signs shall adhere to the provisions of this
article, the approved sign permit, and all other
applicable legal requirements.
(b) Exclusivity. DEVCO is the exclusive
developer of outdoor advertising signs within the
SRPMIC. As the exclusive developer, DEVCO
shall be responsible for the establishment, placement, maintenance, management and removal of
all outdoor advertising signs within the SRPMIC.
(c) Administration. This article is administered
by the Community Development Department
(CDD) director or designee.
(d) Sign maintenance.
(1)
Outdoor advertising signs shall be
maintained in a safe, clean and neat
condition and in conformance with this
article.
(2)
Signs that are damaged, malfunctioning
(e.g., displaying a partial or incomplete
message, displaying flickering, blinking
or partial images), deteriorated or vandalized shall be repaired to like-new condition within 30 days of such damage.
The application shall be reviewed by the
Community for compliance with this
article, the adopted building codes and
other applicable legal requirements in
accordance with engineering and construction services permitting practices. A sign
permit may only be issued for sign
improvements that are found to comply
with this article, any required development review approvals and applicable
codes.
(Ord. No. SRO-497-2018, 10-25-2017)
Sec. 17-275. Continuance of nonconforming outdoor advertising signs.
Outdoor advertising signs constructed before
the effective date of this article and which do not
comply with the provisions of this article shall be
allowed to continue, provided that these outdoor
advertising signs complied with the previously
adopted article and satisfy the criteria for active
use as set forth in subsection (1) below, and
adhere to the provisions in subsections (2) through
(4) below:
Signs that are damaged to such an extent
that they may pose a safety hazard to the
public, as observed by the owner or as
determined by the CDD director, shall be
repaired to safe, clean and neat condition
or removed immediately.
(Ord. No. SRO-497-2018, 10-25-2017)
(1)
An outdoor advertising sign shall be
considered active if it is being used and/or
marketed for use for advertisement as a
part of the active portfolio of the owner.
A sign that is inactive for a period of six
months or more shall be removed.
(2)
An outdoor advertising sign shall be
maintained in accordance with section
17-273(d) of this article.
(3)
Supp. No. 2
sign
An approved outdoor advertising sign permit
is required prior to displaying, placing, erecting,
relocating, installing or modifying an outdoor
advertising sign.
Sunset means the moment when the upper
edge of the disk of the sun is on the western
horizon.
(Ord. No. SRO-497-2018, 10-25-2017)
Sec. 17-273. General provisions.
advertising
CD17:28
DEVELOPMENT, REAL PROPERTY AND HOUSING
§ 17-276
An outdoor advertising sign may not be
enlarged, relocated, altered, reconstructed
or replaced except in compliance with
this article and as amended.
b.
Be located within areas designated
as commercial mixed use, industrial
or natural resource in the SRPMIC
General Plan.
At the time of removal, an outdoor
advertising sign shall adhere to the
requirements of section 17-279.
(Ord. No. SRO-497-2018, 10-25-2017)
c.
Be no less than 1,000 feet from an
existing or approved outdoor
advertising sign or approved business freeway monument sign located
on the same side of the freeway as
measured in a line parallel to the
roadway and drawn between such
existing sign or approved sign and
the proposed new electronic outdoor
advertising sign. This spacing
requirement does not apply to signs
located on different roadways.
(3)
(4)
Sec. 17-276. Standards for outdoor advertising signs.
(a) Number. The maximum number of outdoor
advertising signs that may be constructed within
SRPMIC is 25.
(b) Location. All signs shall be placed at
locations identified on a comprehensive sign
plan for outdoor advertising signs, as approved
by resolution by the Community Council in a
public meeting.
(1)
(2)
Static outdoor advertising signs shall:
a.
Be located along an arterial street,
highway or freeway (as defined in
the Community's transportation
plan).
b.
Be located within 100 feet of the
roadway right-of-way, except for
State Routes 101 and 202 in which
case shall be located within 500 feet
of the right-of-way.
c.
Not be located within the areas
designated as open space or preserve
in the SRPMIC General Plan.
d.
Be located no less than 1,000 feet
from an existing or approved outdoor
advertising sign or approved freeway
pylon sign on the same side of a
roadway as measured in a line parallel to the roadway and drawn
between such existing or approved
sign and the proposed new static
outdoor advertising sign. This spacing requirement does not apply to
signs located on different roadways.
(c) Design. Permanent ornamental features
that the extend above or around the sign face or
sign's supporting pole or column may be subject
to a development review process, as determined
by the zoning administrator in accordance with
the Community's zoning ordinance.
Electronic outdoor advertising signs shall:
a.
Supp. No. 2
Be located within 500 feet of State
Routes 101 or 202.
CD17:29
(d) Setback.
(1)
No portion of the sign shall be closer to
the right-of-way than five feet.
(2)
No portion of the sign shall encroach
into:
a.
Adjacent land not part of the
billboard lease.
b.
Roadway right-of-way easement.
c.
Utility easement unless specifically
allowed and approved by the easement holder.
§ 17-276
COMMUNITY CODE OF ORDINANCES
d.
(3)
Airspace above a building intended
for occupancy.
(e) Maximum sign height. The top of any
outdoor advertising sign face shall not exceed a
maximum height of 30 feet when oriented to an
arterial street or highway and 40 feet when
oriented to a freeway. All height measurements
shall be measured from the grade of the nearest
travel lane of the adjacent freeway or street.
(f) Sign extensions. Signs may include extensions outside of the regular billboard outline and
these areas are not counted as part of the
maximum allowed sign height, sign face or size.
Sign extensions are permitted to extend from the
sign face as follows:
(1)
One or more sign extensions measuring
up to five feet may be placed above the
sign face for up to one-third of the width
of the sign face.
(2)
One or more sign extensions measuring
up to five feet may be placed on one side
of the sign face for up to one-third of the
height of the sign face. Sign extensions
may only be placed on one side of the sign
at any given time.
One sign extension located along the
bottom of the sign face measuring up to
two feet along the entire width of the
sign is allowed for a sign owner or management company logo.
(g) Maximum size. The area of any outdoor
advertising sign face shall not exceed 672 square
feet. For purpose of measurement, the area of
only one side of a multi-faced sign shall be
included in the measurement of sign area if the
internal angle between the sign faces is 50
degrees or less. If the internal angle between
sign faces on a multi-faced sign is more than 50
degrees, the area of both adjacent sign faces
shall be included as the area of the sign face.
(h) Orientation. Signs shall be oriented to
reduce the visual impact on residential areas as
viewed from the east if adjacent to State Route
101 or from the north if adjacent to State Route
202. Sign faces located east of Arizona State
Route 101 or north of State Route 202 shall be
angled towards the freeway no less than 20
degrees away from perpendicular to the adjacent
freeway center line (6V6 shaped). Double faced
signs located on the west side of State Route 101
shall be placed back-to-back without a 6V6 shape.
(i) Movement. No outdoor advertising signs or
sign structures or parts thereof shall move by
any means.
(j) Sound. No outdoor advertising signs shall
emit sound.
(k) Materials and installation. Materials used
in the construction of outdoor advertising signs
shall conform to the requirements of the Salt
River Pima-Maricopa Indian Community, be
installed in accordance with any required permits
and are subject to required inspections.
Supp. No. 2
CD17:30
DEVELOPMENT, REAL PROPERTY AND HOUSING
image shall be considered the
same as exceeding the dwell
time for that message and are
prohibited.
(l) Sign illumination.
(1)
(2)
Externally illuminated, static outdoor
advertising signs shall:
a.
Not be intermittent, flashing,
animated or varying in intensity. If
located in the line of vision of any
traffic signal, no red, green or yellow
illumination shall be used.
b.
Light fixtures shall be fully shielded,
full cut off or hooded and shall be
mounted so the source of illumination is not visible from outside the
area leased for the sign. Spillover
light past the sign face shall be
minimized using LED lighting or
similar-state-of-the-art lighting.
c.
Not exceed a maximum luminance
of 100 nits.
d.
Be turned off between 11:00 p.m.
and sunrise if located along State
Routes 101 and 202 and 10:00 p.m.
and sunrise if located on an arterial
street.
Supp. No. 2
Shall include only nonanimated static images.
2.
Each image shall be displayed
(7dwell7) for a minimum of eight
seconds.
3.
Message transitions shall be
completed in no less than one
second. Fade in and out or
dissolve from one message to
the next are acceptable transitions.
4.
The message or transition shall
not use flashing, intermittent
or moving lights, scrolling, flyin, pixilation, or any attentiongetting process.
5.
Messages shall not be continued
in sequential images. Messages requiring more than one
Hours of operation. Signs may be
illuminated between sunrise and
11:00 p.m. Signs illumination shall
be extinguished between 11:00 p.m.
and sunrise, except to provide Amber
Alerts or other governmental
emergency notices.
c.
Illumination.
1.
Electronic outdoor advertising
signs, displays and devices shall
be equipped with an automatic
control that monitors the ambient light levels and time of day
and adjusts the signs luminance
to brightness levels that
conform to subsection 2. below.
2.
The sign shall not exceed the
following maximum luminance:
Maximum Sign
Luminance
3002 nits (candela per
square meter)
Sunrise to sunset
50002 nits
1
Between 11:00 p.m. and sunrise, the sign
illumination shall be extinguished.
2
The level of luminance shall not exceed the
maximum sign luminance level or 300 nits above
average vertical ambient background light
around the sign in nits, whichever is less.
Displays.
1.
b.
Time of Day
Sunset to 11:00 p.m.1
Internally illuminated or electronic
outdoor advertising signs shall comply
with the following standards.
a.
§ 17-276
3.
In the event of a malfunction
such that partial or incomplete
messages are displayed or the
sign is operating out of compliance with this article, the sign
shall be turned off until it is
repaired or adjusted to comply.
(Ord. No. SRO-497-2018, 10-25-2017)
CD17:31
4.
The sign manufacturer shall
provide written certification to
the CDD director at the time of
application for a permit that
the sign is equipped with
automatic controls that have
been set to operate the sign in
conformance with subsections
1. and 2. above.
§ 17-277
COMMUNITY CODE OF ORDINANCES
Sec. 17-277. Variance to standards for
outdoor advertising signs.
2.
A description of the subject
property location.
An outdoor advertising sign that varies from
the location including spacing, height, size, and
orientation requirements in section 17-276 may
be granted approval by the Community Council
following a Community hearing process by the
land management board and the Community
Council, and upon the council making the required
findings, as described in this section.
3.
A description of the proposed
request.
4.
The designation of the hearing
body.
5.
The time, date and place of the
hearing.
6.
Applicant and Community staff
contact information.
(1)
Variance application.
a.
An application to vary certain
outdoor advertising sign standards
shall be submitted on the forms
provided by CDD.
b.
Applications for dimensional variances must include applicable
consents from the landowners of the
subject property in accordance with
the Indian Land Consolidation Act
(ILCA), unless the applicant has an
approved lease, designation of land
use or other land use authorization
for an outdoor advertising sign.
c.
(2)
After reviewing the information
provided with the application, CDD
will prepare a letter response
identifying any issues related to the
application or the Community's legal
requirements; the need for additional
information or studies; or modifications or corrections required. The
letter will be provided to the
applicant in approximately 30 business days from the time of receipt of
a complete application. Subsequent
reviews, if needed, will be completed
within approximately 15 business
days from the date of receipt.
b.
c.
Notification delivery. Notice of the
hearing shall be mailed or delivered
in person at least seven calendar
days prior to the date of the hearing
to:
1.
The applicant.
2.
The landowners and all
authorized spokespersons of the
allottee landowners of the land
that is the subject of the
application.
3.
The allottee landowners of
record of land within one-half
mile radius of the site that is
the subject of the application
or the authorized spokesperson
for such landowners.
The CDD director shall be
responsible for providing notification of the Community hearings.
1.
Notice in addition to those listed
in this section may be provided
at the discretion of the CDD
director.
2.
The Community Council or the
CDD director may require
additional Community input
through neighborhood or
district meetings prior to acting
on the application. The
applicant will be notified prior
to the date of a neighborhood
meeting.
3.
When more than six months
have passed since the most
recent hearing, Community
Community hearing notification.
a.
Supp. No. 2
Community notice as described in
this section shall precede the Community hearings by the land management board and Community Council.
Community hearing notices shall
contain:
1.
The name of the applicant or
owner.
CD17:32
DEVELOPMENT, REAL PROPERTY AND HOUSING
revisions, or deny the application,
and forward a report containing
information supporting the recommendation to the council, the CDD
director and the applicant.
notification shall be provided
before any new Community
hearing.
(3)
Land management board Community
hearing.
a.
b.
c.
The variance application shall be
reviewed by the land management
board at a Community hearing prior
to the Community hearing by the
Community
Council,
unless
otherwise waived pursuant to
chapter 17, section 17-5(e), as
amended.
Within 15 calendar days from the
time the application is transmitted
to the land management board, the
land management board shall set a
Community hearing and within 30
calendar days shall hold a Community hearing at which the
applicant shall present the proposal
and address any questions.
Questions and comments related to
the application may be made in
person or in writing to the land
management board.
e.
At the Community hearing, the land
management board may continue
the application to a future date to
review or obtain additional information.
f.
g.
Supp. No. 2
(4)
Upon completion of the preliminary
and formal application review
processes, CDD staff shall forward
the application staff report and
related submitted information to the
land management board.
d.
The land management board shall
consider the same findings to be
considered by the Community
Council applicable to the application.
Within 30 calendar days of the
conclusion of the Community hearing, the land management board
shall make its recommendation to
approve, approve with conditions or
CD17:33
§ 17-277
(5)
Community Council Community hearing.
a.
Within 20 business days after the
receipt by the Community Council
of the report of the land management board, the application shall be
placed on an available date of a
regular Community Council agenda
for a Community hearing, allowing
adequate time for preparation of
required documents, legal review
and Community notice.
b.
The Community Council may, at its
discretion, approve, approve with
conditions or revisions, or deny the
application, or may continue the
application to a future date or set a
meeting date at which it will make
its decision.
c.
The Community development
department will provide written
notice of the Community Council
decision to the applicant within ten
business days after the decision.
d.
The notice of decision shall contain
a brief summary of the decision and
any conditions of approval.
e.
Decisions of the Community Council
are final.
Variance findings. A variance to certain
standards for outdoor advertising signs
may be permitted upon the Community
Council finding that:
a.
Approval of the variance will not be
detrimental to residential areas of
the Community. Factors to consider
may include visual intrusion from
light or changes in light levels, glare
and light trespass.
b.
The variance is reasonably compatible with the existing light and activity levels in the surrounding areas.
§ 17-277
COMMUNITY CODE OF ORDINANCES
c.
The variance will not block the visibility or reduce the effectiveness of
existing, approved, or planned business sign(s) for development located
within the Community.
d.
The proposed sign will not unreasonably impede or detract from desired
views to mountains or other visually important features worthy of
protection.
e.
f.
For a height variance: The applicant
has provided adequate information
to prove that the height of the sign
face shall only be as high as necessary to be visible from a distance of
1,320 feet by a person traveling in a
passenger automobile on the closest
travel lane on the same side of the
roadway as the sign. Such height
shall be determined on a case by
case basis using empirical observations such as by use of a crane
positioned at the proposed location
and photographic sign simulations
at five-foot height increments starting at the allowed height up to the
requested height, and research data
by a qualified professional, as
approved by the Community development department director.
(c) Existing landscaping on land outside of
the sign leased premises shall not be cut to allow
visibility to an outdoor advertising sign without
permission and coordination with the land owner.
(Ord. No. SRO-497-2018, 10-25-2017)
Sec. 17-279. Required removal.
An outdoor advertising sign for which a current approved sign permit or approved lease is
not in effect or for which a sign permit or lease
has expired and is not renewed or under current
negotiations for renewal shall be removed within
90 days from such expiration and non-renewal.
(Ord. No. SRO-497-2018, 10-25-2017)
Sec. 17-280. Violation, enforcement.
(a) Enforcement. The code enforcement officer
shall enforce this article.
(1)
a.
Granting of the variance will not be
detrimental to the public safety and
welfare.
The burden of proof for satisfying
the aforementioned requirements
shall rest with the applicant.
(Ord. No. SRO-497-2018, 10-25-2017)
g.
(b) No outdoor advertising sign shall be located
within or encroach upon any public right-of-way.
Supp. No. 2
CD17:34
Notice shall include a description of
the violation, the location of the
violation and action required to
remedy the violation. Notice shall
include a reasonable date to resolve
the violation, taking into account
relevant information related to the
violation.
(2)
Notification of remedy. The responsible
person shall notify the code enforcement
officer when the violation has been
remedied. Remediation will be considered
complete when verified by the code
enforcement officer.
(3)
The code enforcement officer is authorized
to grant extensions of the date and time
for remediation upon good cause shown.
Extensions of time to remedy shall be
made in writing.
Sec. 17-278. Prohibitions.
(a) No outdoor advertising sign may be placed
on top of, cantilevered over or otherwise suspended
above any building or structure.
Notice of violation. Upon finding that a
violation of this article, the sign permit,
or other applicable legal requirements
exists, a notice of violation shall be served
upon the responsible person by handdelivery or certified mail. Notice is deemed
complete for delivery of certified mail
five calendar days after mailing and for
hand-delivery on the date of delivery.
DEVELOPMENT, REAL PROPERTY AND HOUSING
(b) Appeal. An appeal from the notice of violation shall be filed with the Council secretary
within ten business days of the date of the notice
of violation was served. The appeal shall be in
writing and shall include a statement of reasons
for the appeal and supporting documentation.
Once the appeal is filed, the Community Council
shall determine whether a meeting with the
responsible person and the code enforcement
officer is necessary; if no meeting is warranted,
the Community Council shall decide and issue a
written decision on the appeal. The decision of
the Community Council shall be final.
(c) Judicial enforcement. It is a civil violation
for any person to violate the provisions of this
article and for any person to fail to procure a
permit. Said person shall be guilty of a civil
offense and shall be subject to a civil fine not
exceeding $5,000.00 per violation and may be
subject to a mandatory injunction or other
remedies available at law including removal of
any illegal signs.
(Ord. No. SRO-497-2018, 10-25-2017)
Collector street means a roadway with an
80-foot-wide right-of-way.
Local street means a roadway with a 50-footwide right-of-way.
Monument line means the linear center of a
roadway and utility corridor from which all
distances and widths on either side of the rightof-way are measured and which correspond to
lines of the rectangular survey system including
meridian, base, township, range and section
lines.
Private road or driveway and roadway has the
same meaning as set out in section 17-62, and
are adopted by reference.
Utility corridor means a designated area
underneath and/or parallel to a roadway in
which gas, water, sewer, storm drain, telephone,
and electric power or other similar pipes or lines
are installed beneath or above the ground surface.
(Code 1981, § 17-122; Code 2012, § 17-122; Ord.
No. SRO-153-92, § 2, 6-3-1992; Ord. No. SRO402-2012, § 17-122, 5-30-2012)
Sec. 17-307. Utilization of roadway rightsof-way.
Secs. 17-281—17-304. Reserved.
ARTICLE VIII. UNIFORM ROAD AND
UTILITY CORRIDORS
Sec. 17-305. Policy.
It is the policy of the Community to establish
uniform road and utility corridors within the
Community so that road and utility services can
be supplied to Community residents without
undue delay.
(Code 1981, § 17-121; Code 2012, § 17-121; Ord.
No. SRO-153-92, § 1, 6-3-1992; Ord. No. SRO402-2012, § 17-121, 5-30-2012)
Sec. 17-306. Definitions.
Roadway rights-of-way shall serve as utility
corridors for the installation of gas, water, sewer,
storm drain, telephone, and electric power and
other similar pipes or lines.
(Code 1981, § 17-123; Code 2012, § 17-123; Ord.
No. SRO-153-92, § 3, 6-3-1992; Ord. No. SRO402-2012, § 17-123, 5-30-2012)
Sec. 17-308. Width standards for roadway
and utility corridor rights-ofway.
All construction or improvement of roadways
or utility corridors within acquired rights-of-way
shall conform to the following specifications:
(1)
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Arterial street means a roadway with a 110foot-wide right-of-way.
Supp. No. 2
§ 17-308
CD17:34.1
For utility poles carrying electric power
or telephone lines, or for buried electric
power lines, the distance from the monument line for arterial streets, for collector streets, and for local streets shall be
specified by such implementing regulations as the Community development
department promulgates.
§ 17-308
COMMUNITY CODE OF ORDINANCES
(2)
For pipes carrying water, the distance
from the monument line for arterial
streets, for collector streets, and for local
streets shall be as specified by such
implementing regulations as the Community
development
department
promulgates.
(3)
For buried major telephone trunk lines,
the distance from the monument line for
arterial, collector, and local streets shall
be as specified by such implementing
regulations as the Community development department promulgates.
(4)
Sewer and storm drain pipes shall be
buried beneath roadway surfaces at a
depth sufficient to ensure complete safety
at a distance measured from the pipe's
center of as many feet from the monument line as the Community development department shall specify in such
implementing
regulations
as
it
promulgates.
provisions of section 17-11 and any other
applicable provisions of this Community Code of
Ordinances.
(Code 1981, § 17-125; Code 2012, § 17-125; Ord.
No. SRO-153-92, § 5, 6-3-1992; Ord. No. SRO402-2012, § 17-125, 5-30-2012)
Sec. 17-310. Limitations of grantees.
(5)
Pipes carrying gas shall be buried at
such distances from the monument line
as accords with accepted industry practice
and standards of safety.
(6)
Open-channel irrigation or drainage
ditches shall be located either outside of
or on the outer right-of-way boundary
lines of rights-of-way which are at a
distance from the monument line for
arterial streets, for collector streets, and
for local streets as the Community
development department shall specify in
such implementing regulations as it
promulgates.
(Code 1981, § 17-124; Code 2012, § 17-124; Ord.
No. SRO-153-92, § 4, 6-3-1992; Ord. No. SRO402-2012, § 17-124, 5-30-2012)
Sec. 17-309. Procedure for request of rightof-way easements.
All requests, proposals, and applications for
right-of-way easements for roadways and utility
corridors shall comply with and conform to the
Supp. No. 2
Only the may be the grantee of a utility
corridor easement for right-of-way.
(Code 1981, § 17-126; Code 2012, § 17-126; Ord.
No. SRO-153-92, § 6, 6-3-1992; Ord. No. SRO402-2012, § 17-126, 5-30-2012)
Sec. 17-311. Effect of corridor grant of rightof-way.
Upon the issuance of a grant of right-of-way
for a utility corridor, the Community Council
may grant easements within the corridor for the
use of utilities, gas, water, sewer, storm drain,
telephone, electric power or other similar pipes
or lines.
(Code 1981, § 17-127; Code 2012, § 17-127; Ord.
No. SRO-153-92, § 7, 6-3-1992; Ord. No. SRO402-2012, § 17-127, 5-30-2012)
Sec. 17-312. Regulations.
The director of the Community development
department shall, from time-to-time, subject to
the approval of the Community Council, prescribe
rules and regulations not in conflict with this
article and necessary to the administration of
this article.
(Code 1981, § 17-128; Code 2012, § 17-128; Ord.
No. SRO-153-92, § 8, 6-3-1992; Ord. No. SRO402-2012, § 17-128, 5-30-2012)
Secs. 17-313—17-342. Reserved.
ARTICLE IX. HIGHWAY RIGHTS-OF-WAY
Sec. 17-343. Encroachment permit requirement.
No person or persons shall access or build a
driveway or turnout onto rights-of-way abutting
or running through the lands of the Community
from such lands without an approved permit
CD17:34.2
DEVELOPMENT, REAL PROPERTY AND HOUSING
from the Community development department,
unless the driveway or turnout is built on a
nonarterial road within a residential area.
(Code 1981, § 17-141; Code 2012, § 17-141; Ord.
No. SRO-181-95, § A, 10-12-1994; Ord. No. SRO402-2012, § 17-141, 5-30-2012)
Sec. 17-344. Scope.
The provisions of this article include permit
application procedures, permit processing
procedures, initial placement, adjustment, relocation, reconstruction and replacement for use in
all highway rights-of-way within the Community
as limited in section 17-343.
(Code 1981, § 17-142; Code 2012, § 17-142; Ord.
No. SRO-181-95, § B, 10-12-1994; Ord. No. SRO402-2012, § 17-142, 5-30-2012)
Sec. 17-345. Encroachment permit application procedures.
(d) Time limit. 90 calendar days will be the
normal time allowed for completion of construction. Time limits beyond 90 days' time may be
granted as determined by the Community development department.
(e) Time extension. Applicants may apply to
the Community development department for a
time extension beyond the allotted time indicated
on the permit.
(f) Bonding.
(1)
Performance bonds or other assurances
of construction shall be posted to ensure
the faithful performance of a permittee's
obligation. The amount shall be equal to
one-half the amount of the cost of the
work and any other possible financial
loss to the Community.
(2)
The performance bonds shall be executed
by the applicant as principal with a
corporation duly authorized to transact
surety business in the State of Arizona.
The bond shall be in favor of the Community, shall be continuous in form, and
shall be limited to the face amount of the
bond. The bond shall be released upon
satisfactory performance and acceptance
of the work or may be canceled after the
applicant has provided other security
satisfactory to the Community development department which will cover the
obligations.
(3)
In instances where an applicant is issued
numerous small permits throughout the
year, he or she may post a continuing
bond to cover work under more than one
permit. The continuing bond shall be of a
value sufficient to cover all work under
construction by the permittee at any
time and shall be satisfactory to the
Community development department.
(4)
The bonding requirement may be waived
when it can be determined by the Community development department that
adequate protection is provided the
department to ensure satisfactory completion of the construction.
(a) Applications delivered to Community
development department. Completed applications shall be delivered to the Community development department, which is responsible for all
phases of implementing the control of encroachment permits from the initial application, review,
approval, construction and final inspection.
(b) Plans required. Applicants shall submit a
set of plans indicating highway route number,
mileposts, highway engineering stations, and
physical features such as building, bridges,
culverts, poles and other stationary landmarks
necessary to adequately describe the location.
Permit applicants are encouraged to employ
competent design professionals such as registered
professional engineers or architects when preparing plans of a complex nature. Permit applications shall include four sets of plans on primary
and secondary highways.
(c) Application review. All permit applications
are initially submitted to the Community development department which shall conduct a
comprehensive review for uniformity and
consistency in compliance with industry
standards, specifications and special requirements in the issuance of permits. No work is to
be performed until the permit is approved.
Supp. No. 2
§ 17-345
CD17:34.3
§ 17-345
COMMUNITY CODE OF ORDINANCES
ity of the permit applicant to ensure that
all landscaping is maintained after
construction.
(g) Access.
(1)
No access will be granted in limited
access highways beyond that legally
established.
(2)
Access from highway rights-of-way will
be permitted in accordance with uniform
and appropriate standards.
(3)
Median openings may be allowed on
divided highways provided they conform
to the Community development design
guidelines regarding the design and spacing of such openings.
(4)
(5)
(6)
Permits shall be only for the construction
of a new turnout or driveway or changing
the location of an existing driveway.
Permits shall not be issued for the purpose
of providing a parking area or for servicing vehicles on a highway right-of-way.
Landowners of adjacent properties requiring a joint driveway may apply jointly, or
one may apply for both with the written,
notarized consent of the other.
(i) Hydraulics. At the discretion of the Community development department the following
information compiled by a qualified engineer
shall be submitted by permit applicants if it
appears that changes may be made in drainage
condition if the application is granted:
(1)
A narrative report including a description of the existing drainage conditions,
the proposed revisions and the effect of
the proposed changes on existing conditions;
(2)
Maps and/or drawings sufficient to show
all pertinent features of the proposed
modifications. This may include site maps,
drainage area maps, contour maps, grading plans, structure profiles, channel
profiles, etc.;
(3)
Hydrologic and hydraulic calculations
when applicable for design discharge,
headwater elevations, tailwater elevations, flow depths and flow velocities in
channels.
All standards and policies are public
instruction and will be supplied to prospective applicants on request.
(j) Utilities.
(h) Landscaping.
(1)
The highway roadside is an integral unit
of a total highway facility. The term
8roadside8 generally refers to the area
between the outer edge of the roadway
and the right-of-way boundary. These
include all unpaved areas within the
right-of-way.
(2)
All plans and specifications shall be sufficiently complete and detailed for easy
analysis and compliance inspection and
shall be submitted in accordance with
the Community's development design
guidelines.
(3)
Reserved.
(4)
Reserved.
(5)
Plants shall not be used where they may
encroach upon drainageways and impede
their functional value or increase
maintenance. It shall be the responsibil-
Supp. No. 2
(1)
Applications. All applicants whose
proposed access to rights-of-way intersects
or may intersect existing or proposed
utilities shall include utility plans with
the application. Utility plans shall
adequately show such features as pavement and right-of-way lines in relation to
proposed facilities and shall clearly
indicate the location, size, and depth of
existing buried utilities.
(2)
Jack or bore. When approved, pipes,
conduit or other utilities shall be jacked
or bored through beneath paved area.
Pits may be placed in the median for
boring, jacking or driving of pipes or
conduits under divided roadways. The
pit areas shall be completely fenced or
barricaded and placed at a minimum
distance of 30 feet from the edge of
shoulder. Pavement cuts shall be
considered only when jacking, boring or
CD17:34.4
DEVELOPMENT, REAL PROPERTY AND HOUSING
other alternatives are proved impractical
and then only when approved by the
Community development department.
(Code 1981, § 17-143; Code 2012, § 17-143; Ord.
No. SRO-181-95, § C, 10-12-1994; Ord. No. SRO402-2012, § 17-143, 5-30-2012; Ord. No. SRO468-2015, 7-1-2015)
Sec. 17-346. Minimum setback.
(a) 50 mph or greater design speed.
(1)
Minimum setback of a fixed object from
the edge of the traffic lane should be 30
feet unless one of the following reasons
will allow for a lesser distance:
a.
(2)
Cuts of three to one or steeper:
obstacles are allowed ten feet behind
the point of vertical intersection at
the toe of the slope.
b.
Where concrete barriers, walls, abutments, or other rigid obstructions
are used: fixed objects may be placed
four feet behind the obstructions.
c.
Where flexible guardrail (box-beam,
W-beam, or cable) is used: six to 20
feet behind the face of the guardrail,
depending upon the type.
d.
Where there are barrier curbs (five
inches or more vertical face) near a
traveled land: six feet behind the
face of the curb; adjacent to a parking lane no definite setback distance.
Where limited right-of-way or the necessity for planting would result in less
clearance, all factors in the particular
problem area should be weighed to decide
if a special exception is warranted.
(b) 50 mph or less design speed.
(1)
Minimum setback of a fixed object from
the edge of the traffic lane may be 25 feet
unless one of the reasons set forth under
subsection (a) of this section will allow
for a lesser distance.
Supp. No. 2
§ 17-348
(2)
On curves, adequate sight distance for
the design speed of the highway must be
maintained.
(Code 1981, § 17-144; Code 2012, § 17-144; Ord.
No. SRO-181-95, § D, 10-12-1994; Ord. No. SRO402-2012, § 17-144, 5-30-2012)
Sec. 17-347. City-issued state permits.
Access to or from any road which is abutted by
both the Community and a state municipality
shall be subject to a permit granted by the
Community or by the municipality in those cases
in which the municipality and the Community
are parties to an agreement with the Arizona
department of transportation relative to the
granting of access.
(Code 1981, § 17-145; Code 2012, § 17-145; Ord.
No. SRO-181-95, § E, 10-12-1994; Ord. No. SRO402-2012, § 17-145, 5-30-2012)
Sec. 17-348. Maintenance responsibility.
The adjacent property owners having access
to rights-of-way described by this article shall be
fully responsible for the maintenance of their
driveway including the portion from the highway
right-of-way line to the outside edge of the
highway shoulder or curbline. This maintenance
responsibility includes keeping the portion within
the highway right-of-way in a safe condition for
the general public. The owner shall be responsible
for the maintenance of ditches, pipes, catchbasins, grates, poles, gates, aerial wires, buried
cables and other structures of installations placed
in connection with encroachment permits. The
owner will be given ten days' notice to perform
the required maintenance. After this period, the
Community development department may then
perform the required maintenance, and the owner
shall be liable for the costs of such maintenance.
If an emergency exists wherein there is an
immediate hazard to the highway, the Community development department may perform
the required remedial maintenance, and the
owners shall be liable for all such costs incurred.
The owner shall be responsible for any revisions
or improvements required as a result of changed
conditions of use after the permit is issued
and/or after construction is completed.
(Code 1981, § 17-146; Code 2012, § 17-146; Ord.
No. SRO-181-95, § F, 10-12-1994; Ord. No. SRO402-2012, § 17-146, 5-30-2012)
CD17:34.5
§ 17-349
COMMUNITY CODE OF ORDINANCES
stormwater detention, sanitary sewage
and other health and safety requirements;
Sec. 17-349. Unauthorized encroachments.
Use of highway rights-of-way shall be limited
to authorized uses herein described. Persons
making unauthorized uses of such right-of-way
will be notified that they are in violation of this
Community Code of Ordinances. If the encroachment has not been removed within the time
prescribed, the Community development department may remove the unauthorized encroachment, and the person violating the right-of-way
shall be liable for the cost of such removal.
Parking areas and any substantial commercial
or industrial activity in connection with highway
rights-of-way will not be permitted.
(Code 1981, § 17-147; Code 2012, § 17-147; Ord.
No. SRO-181-95, § G, 10-12-1994; Ord. No. SRO402-2012, § 17-147, 5-30-2012)
Sec. 17-350. Rule-making authority.
The Community development department shall
make rules for the proper administration of this
article and shall additionally adopt regulations
to administer applications for encroachment
permits not subject to this article.
(Code 1981, § 17-148; Code 2012, § 17-148; Ord.
No. SRO-181-95, § H, 10-12-1994; Ord. No.
SRO-402-2012, § 17-148, 5-30-2012)
Secs. 17-351—17-373. Reserved.
ARTICLE X. SUBDIVISIONS
(5)
(6)
To provide practical procedures for the
achievement of this purpose.
(Code 1981, § 17-151; Code 2012, § 17-151; Ord.
No. SRO-182-95, § 1, 10-12-1994; Ord. No. SRO402-2012, § 17-15, 5-30-2012)
Sec. 17-375. Generally.
(a) Article definitions. All terms regarding
the development of land appearing in this section shall be defined by reference to the definitions that appear in the Community's zoning
ordinance.
(b) Final plat approval procedure. The process
of final plat approval for the development of
subdivisions within the Salt River Pima-Maricopa Indian Reservation, whether on tribal or
allotted land, and whether for commercial or
residential purposes, shall include:
(1)
The initial proposal as set forth in a
development master plan;
(2)
Review and approval of a preliminary
plat; and
(3)
Review and approval of a final plat which
conforms substantially to the preliminary
plat, as hereinafter described.
Sec. 17-374. Policy.
The purpose of this article is:
(1)
To provide for the orderly growth and
harmonious development of the Community;
(2)
To ensure adequate traffic circulation
through coordinated street systems with
relation to thoroughfares, adjoining
subdivisions and public facilities;
(3)
To achieve individual property lots of
reasonable commercial utility and livability;
(4)
To secure adequate provisions for water
supply, drainage, protection against flood,
Supp. No. 2
To ensure consideration for adequate sites
for recreation areas and other public
facilities; and
(c) Applicability. This article shall be subject
to and be interpreted to conform with all provisions, where applicable, of this chapter.
(Code 1981, § 17-152; Code 2012, § 17-152; Ord.
No. SRO-182-95, § 2, 10-12-1994; Ord. No. SRO402-2012, § 17-152, 5-30-2012; Ord. No. SRO468-2015, 7-1-2015)
Sec. 17-376. Scope and contents of development master plan.
(a) A development master plan shall
accompany any proposal to develop land as a
commercial or residential subdivision within the
Salt River Pima-Maricopa Indian Reservation.
Such plan shall be submitted to the Community
CD17:34.6
DEVELOPMENT, REAL PROPERTY AND HOUSING
development department for initial approval and
authorization to proceed with the subsequent
plat review and approval processes. A report
consist-
Supp. No. 2
CD17:34.7
§ 17-376
DEVELOPMENT, REAL PROPERTY AND HOUSING
§ 17-378
ing of maps, tables, and explanatory text should
be prepared for and part of any proposed development master plan.
application and subdivision shall be processed
concurrently with the processing required under
this chapter pertaining to development.
(b) The development master plan shall be prepared by the party proposing the subdivision
development to a scale and accuracy commensurate with its purpose and shall include the following information as a minimum:
(c) The developer shall submit five copies of
the preliminary plat, for purposes of review by the
Community development department. The information herein required as part of the preliminary
plat submitted shall be shown graphically or by
note on plans, or by letter, and may comprise
several sheets showing various elements of required data. All mapped data for the same plat
shall be drawn at the same standard engineering
scale, not greater than 200 feet to an inch.
(1)
Designation of the various categories of
proposed land uses including designation
of areas proposed for residential or commercial uses.
(2)
General arrangement of arterial streets
and collector streets.
(3)
General location of size of proposed parks
and other common areas.
(4)
Methods proposed for water supply, sewage disposal, fire protection, drainage and
protection from floods.
(5)
Major geographical features including but
not limited to hills, rock outcrops, arroyos, canals, rivers, major washes and
major highways.
(d) No subdivision shall be considered by the
Community development department unless there
is adequate assurance that satisfactory access to
the subdivision can be provided.
(Code 1981, § 17-154; Code 2012, § 17-154; Ord.
No. SRO-182-95, § 4, 10-12-1994; Ord. No. SRO402-2012, § 17-154, 5-30-2012)
Sec. 17-378. Information required on preliminary plat.
(a) All preliminary plats shall contain the following information obtained from a field survey:
(6)
Any additional information that may be
needed in order to carry out the purpose
and intent of the development master
plan.
(Code 1981, § 17-153; Code 2012, § 17-153; Ord.
No. SRO-182-95, § 4, 10-12-1994; Ord. No. SRO402-2012, § 17-153, 5-30-2012)
Sec. 17-377. Preliminary plat review.
(a) The preliminary plat stage of land subdivision includes detailed subdivision planning, submittal, review and approval of the preliminary
plat by the Community development department.
Application for final approval of the preliminary
plat is made to the council upon recommendation
by the Community development department, which
shall review the preliminary plat as submitted to
it by the Community development department.
(b) The subdivision shall be designed to comply with the requirements of the specific zoning
district within which it is located. In the event
that a change of zoning is necessary, the zoning
CD17:35
(1)
Proposed name of subdivision and its location by section, township and range;
small scale vicinity map showing relative
location of the plat; reference by dimension and bearing to section corners and
quarter-section corners, and subdivision
boundaries clearly identified.
(2)
Name, address and phone number of engineer, surveyor, landscape architect or
land planner preparing the plat, including registration number if registered.
(3)
North point, scale and date of preparation, including dates of any subsequent
revisions.
(4)
Name, book and page numbers of the
names of record allottees or lessees of
adjoining parcels of unsubdivided land, if
any.
(5)
Existing and proposed contours established by field survey relating to USGS
survey data, or other data, to be shown on
§ 17-378
COMMUNITY CODE OF ORDINANCES
the same map as the proposed subdivision
layout. Location and elevation of the benchmark used is also to be shown on the plat.
Acceptable contour intervals are as follows:
(6)
a.
Grades up to five percent: two feet;
b.
Grades of five percent to ten percent
grades: five feet;
c.
Grades over ten percent: ten feet.
Location by survey of streams, washes,
canals, irrigation laterals, private ditches,
culverts, or other water features, including direction of flow and water level elevations, and location and extent of areas
subject to inundation and whether such
inundation is frequent, periodic or occasional. If any portion of the land subdivided is below the elevation of the delineated floodplain, the limit of such flood
and/or of the floodplain shall be shown.
(7)
Whenever any stream or important surface drainage course is located in the area
being subdivided, provision shall be made
for an adequate easement along each side
of the stream or drainage course for the
purpose of widening, deepening, realigning, improving or protecting the stream
for drainage purposes.
(8)
Location, widths and names of all existing
or platted streets or other public ways
within or adjacent to the tract, existing
permanent buildings, and other important features such as section lines.
(9)
Existing sewers, water mains, culverts, or
other underground structures within the
tract and immediately adjacent thereto
with pipe sizes, grades and locations indicated. Where water mains are not immediately adjacent thereto, give direction
and distance to nearest such usable utility.
(10) Location, width and names of proposed
streets, alleys, drainageways, crosswalks
and easements including all connections
to adjoining platted or unplatted tracts. A
CD17:36
statement as to the type and extent of
proposed improvements should appear on
the face of the plat.
(11) Lot layout, including minimum building
lines related to all streets; lot numbers,
and approximate dimensions and area of
proposed lots. A nonaccess easement shall
be provided on all residential lots adjoining an arterial street.
(12) Designation of all land to be dedicated,
provided or reserved for public or
semipublic uses, with use indicated.
(13) Reference by note to source of proposed
electricity, gas and telephone service and
provision that such services will be underground.
(14) Sewage disposal. It shall be the responsibility of the developer to furnish the Community development department with evidence in the form of specific plans as to
design and operation of sanitary sewage
facilities proposed. A statement as to the
type of facilities proposed shall appear on
the preliminary plat. If the subdivision is
for residential use, there shall be provided for every lot a clear unencumbered
setback from the lot line to the nearest
point in the foundation line of 35 feet, and
a total unencumbered area of not less
than 1,800 square feet to accommodate
the system and provide for the replacement of defective units. Septic tank systems shall be planned and oriented with
respect to abutting streets or alleys so as
to minimize exterior plumbing changes
needed to connect to a future central
sewage collection system.
(15) Water supply. It shall be the responsibility of the developer to furnish the Community development department with evidence in the form of specific plans as to
the facilities for supplying domestic water. A statement as to the type of facilities
proposed shall appear on the preliminary
plat, and shall be in conformity with the
provisions of chapter 18.
DEVELOPMENT, REAL PROPERTY AND HOUSING
the preliminary plat. Subsequently submitted domestic water distribution plans
shall show connections of fire hydrants.
(16) Stormwater disposal.
a.
b.
All existing drainage patterns affecting the land included in the proposed subdivision shall be shown.
Washes must indicate the following:
1.
Size of contributing drainage
area, in acres.
2.
Approximate length and width
of contributing drainage area.
Type and amount of peak flow at
lower boundary of the proposed subdivision, indicating the effect on
neighboring property. It is the developer's responsibility to provide for
drainage across the proposed subdivision for water which enters the
proposed subdivision and water which
falls on the area of the proposed
subdivision. The developer must also
properly dispose of this water in
nearly as possible the same manner
as before subdivision or development or by other approved means.
Peak discharge at the lower boundary of the proposed subdivision shall
not be increased as a result of development.
c.
If any part of the stormwater flow is
to be handled by an underground
pipe system, the location of the inlets, tentative size and line of pipe
and the outlet grade must be shown.
d.
All information and calculations as
required in this section must be prepared in report form by a registered
professional civil engineer with five
copies submitted at the time of filing
the preliminary plat and must conform with the master drainage plan
of the Community.
(17) Irrigation. If lots are proposed to be irrigated, all easements, the preliminary location of valves, and the tentative line of
the underground pipe must be shown.
§ 17-379
(b) If satisfied that all objectives of this section
have been met, the council, upon recommendation
of the Community development department, shall
determine whether to approve the preliminary
plat, and if approved a notation of approval shall
be stamped on the submitted copy of the plat.
(c) If the council finds that the plat requires
revision, the plat shall be reconsidered by the
council upon revision, resubmittal, processing and
re-review by the Community development department.
(Code 1981, § 17-155; Code 2012, § 17-155; Ord.
No. SRO-182-95, § 5, 10-12-1994; Ord. No. SRO402-2012, § 17-155, 5-30-2012)
Sec. 17-379. Final plat review.
(a) The final plat stage includes submittal,
review and approval of the final plat, and any
improvements thereto, as required by the provisions of this section as hereinafter described.
Application for approval of the final plat is made
to the council, upon recommendation by the Community development department.
(b) The subdivision engineer shall submit one
sepia copy of the plat to the utility agency or
agencies, including the Community's irrigation
coordinator if lots are to be irrigated, concerned
with the installation of utilities within the subdivision. This sepia shall be submitted prior to the
submittal of the final plat to the Community
development department. One copy of the plat
will be returned directly to the subdivision engineer and the Community development department with any required additions or corrections
noted thereon from all utility companies franchised to provide services to the property.
(c) The final plat shall conform to the approved
preliminary plat and any stipulations attached
thereto by reviewing agencies. The plat shall be
drawn to an accurate scale of not more than 200
feet to an inch.
(18) Fire hydrants. The type, number and location of fire hydrants shall be shown on
CD17:37
(1)
If the final plat is complete and conforms
to the approved preliminary plat, it will
be transmitted to all concerned depart-
§ 17-379
COMMUNITY CODE OF ORDINANCES
ments. Upon receipt of the letters of approval from all departments concerned,
the final plat will be forwarded to the
council. If the final plat is not in conformance with the preliminary plat or stipulations attached thereto, it will be returned for compliance.
tracts or accepted parcels shall be provided by inclusion within the plat or by
separate dedication noted on the plat.
(7)
Boundaries of the tract to be subdivided
fully balanced and closed, showing all
bearings and distances determined by an
accurate survey in the field. All dimensions shall be expressed in feet and decimals thereof. Corners of the plat should
be noted and monuments found or set
should be indicated; each of two corners of
the subdivision traverse shall be tied by
course and distance to separate section
corners or quarter section corners. Portions of any adjacent property between
major road intersections shall not be excluded from within the boundaries of the
subdivision when needed or required for
dedication or improvements of any traffic,
drainage, or flood control facility. Such
areas may be indicated as excluded tracts
after necessary dedications are shown.
(8)
Names, centerlines, right-of-way lines,
course, lengths and widths of all public
streets, alleys, crosswalks and utility easements; radii, points of tangency and central angles of all curvilinear streets and
alleys, and radii of all rounded street line
intersections.
(9)
All drainageways shall be shown on the
plat.
(2)
If additional information or changes are
recommended by any of the reviewing
agencies, a revised final plat must be
submitted to the Community development department. Referral and scheduling of a revised final plat shall be the
same as that required for the original
final plat.
(Code 1981, § 17-156; Code 2012, § 17-156; Ord.
No. SRO-182-95, § 6, 10-12-1994; Ord. No. SRO402-2012, § 17-156, 5-30-2012)
Sec. 17-380. Information required on final
plat.
The final plat shall contain the following information:
(1)
A title, which includes the name of the
subdivision and its location by section,
township, range and county.
(2)
Name, registration number, and seal of
the registered professional civil engineer
or registered land surveyor preparing the
plat.
(3)
Name and registration number of the
registered professional civil engineer responsible for the engineering that is necessary in preparation of the proposed subdivision.
(4)
Scale (written and graphic), north point
and date of plat preparation.
(5)
Location and description of cardinal points
to which all dimensions, angles, bearings
and similar data on the plat shall be
referenced.
(6)
Any parcel or parcels within the plat
boundary not included in the subdivision
plat shall be accurately described by bearings and distances. Proper street and alley dedications adjacent to any proposed
CD17:38
(10) The location, width and use of all public or
private utility easements shall be noted.
(11) Location and dimensions of all lots shall
be shown. Lot dimensions shall be indicated for at least one side lot line and
either the front or rear lot line. All minimum building setback lines which adjoin
all streets shall also be shown and dimensioned. In areas subject to flooding, minimum finished first floor elevations shall
be shown as may be recommended by the
appropriate authority.
(12) All lots shall utilize a block and lot numbering system or be numbered consecutively throughout the plat. Exceptions,
DEVELOPMENT, REAL PROPERTY AND HOUSING
tracts and parks shall be so designated,
lettered or named, and clearly dimensioned.
(13) The record plat is to be drawn at a scale of
not more than 200 feet to an inch from an
accurate survey. If more than two sheets
are required, a key map shall be shown on
the first sheet or on a separate sheet.
(14) Certification by the registered professional civil engineer or registered land
surveyor making the plat that the plat is
correct and accurate, that the monuments
described in it have been located or established as described and the lot corners
permanently set.
(15) Minimum building lines shall be shown
on the street side of all lots intended for
residential use of any character and on all
lots intended for commercial or industrial
use. Such building lines shall not be less
than required by any zoning ordinance or
building line regulation applying to the
property.
(Code 1981, § 17-157; Code 2012, § 17-157; Ord.
No. SRO-182-95, § 7, 10-12-1994; Ord. No. SRO402-2012, § 17-157, 5-30-2012)
§ 17-437
Sec. 17-436. Definitions.
As used in this division within this Community
Code of Ordinances, the following terms shall
have the meanings ascribed in this section, except
where context clearly indicates a different meaning:
Mortgage means every transfer of an interest
in real property, other than in trust or trust deed
subject to division 3 of this article, made only as a
security for the performance of another act.
Mortgagee means the financial lender.
Mortgagor means the borrower or the debtor.
Provision for assignment means a mortgage or
trust deed that provides for an assignment to the
mortgagee or beneficiary of the interest of the
mortgagor or trustor in leases, rents, issues, profits or income from the property covered thereby,
whether effective before, upon or after a default
under such mortgage or trust deed or any contract
secured thereby, such assignment being enforceable without regard to the adequacy of the security or the solvency of the mortgagor or trustor by
any one or more of the following methods:
(1)
The appointment of a receiver.
(2)
The mortgagee or beneficiary taking possession of the property, or without the
mortgagee or beneficiary taking possession of the property.
ARTICLE XI. ENCUMBRANCE OF LAND
(3)
Collecting such monies directly from the
parties obligated for payment.
DIVISION 1. GENERALLY
(4)
Injunction.
Secs. 17-381—17-403. Reserved.
Real estate and land services section means the
section of the Community development department or its successor responsible for maintaining
land records.
(Code 1981, § 17-202; Code 2012, § 17-202; Ord.
No. SRO-198-95, § I(B), 5-3-1995; Ord. No. SRO402-2012, § 17-202, 5-30-2012)
Secs. 17-404—17-434. Reserved.
DIVISION 2. MORTGAGES
Sec. 17-435. Jurisdiction.
The court shall have jurisdiction to resolve and
adjudicate any and all issues arising under this
division within this Community Code of Ordinances.
(Code 1981, § 17-201; Code 2012, § 17-201; Ord.
No. SRO-198-95, § I(A), 5-3-1995; Ord. No. SRO402-2012, § 17-201, 5-30-2012)
Sec. 17-437. Interests which may be mortgaged; formal requirements; recording.
(a) Any interest in real property within the
Community held in trust by the United States for
individual Indian owners or subject to a restric-
CD17:39
§ 17-437
COMMUNITY CODE OF ORDINANCES
tion against alienation imposed by the United
States, including, but not limited to, leaseholds,
may be mortgaged, except that the mortgage of
any interest in land shall be subject to the requirements of 25 USC 483a and other applicable federal law.
(b) A mortgage or an assignment of mortgage
may be created, renewed or extended only by
writing executed with the formalities required of
a grant of real property, and may be acknowledged, certified and recorded in the real estate
services, land title and records section, B.I.A.
Albuquerque, N.M. and the real estate and land
services section of the Community development
department, and such recordation shall be notice
of the mortgage and its priority and effect on the
title to the interest in the real property to any
person thereafter claiming an interest in the real
property.
(Code 1981, § 17-203; Code 2012, § 17-203; Ord.
No. SRO-198-95, § I(C), 5-3-1995; Ord. No. SRO402-2012, § 17-203, 5-30-2012)
Sec. 17-438. Mortgage as lien; rights of possession.
(a) A mortgage is a lien upon everything that
would pass by a grant of the property, but does not
entitle the mortgagee to possession of the property unless authorized by the express terms of the
mortgage. After execution of the mortgage, the
mortgagor may agree to change of possession
without a new consideration.
(b) Title acquired by the mortgagor subsequent to the execution of the mortgage inures to
the mortgagee as security as if acquired before
the execution.
(Code 1981, § 17-204; Code 2012, § 17-204; Ord.
No. SRO-198-95, § I(D), 5-3-1995; Ord. No. SRO402-2012, § 17-204, 5-30-2012)
Sec. 17-439. Acknowledgements of satisfaction; recording; liability for failure to acknowledge satisfaction.
(a) If a mortgagee, trustee or person entitled to
payment receives full satisfaction of a mortgage
or deed of trust, he or she shall acknowledge
satisfaction of the mortgage or deed of trust by
delivering to the person making satisfaction or by
recording a sufficient release or satisfaction of
mortgage or deed of release and reconveyance of
the deed of trust, which release, satisfaction of
mortgage or deed of release and reconveyance
shall contain the docket and page number of the
mortgage or deed of trust or acknowledge satisfaction as provided in subsection (c) of this section
when applicable. It shall not be necessary for the
trustee to join in the acknowledgement or satisfaction of mortgage or deed of release and reconveyance. The recorded release or satisfaction of
mortgage or deed of release and reconveyance
constitutes conclusive evidence of full or partial
satisfaction and release of the mortgage or deed of
trust in favor of purchaser and encumbrancers for
value and without actual notice.
(b) When a mortgage or deed of trust is satisfied by a release or satisfaction of mortgage or
deed of release and reconveyance, except where
the record of such deed of trust or mortgage has
been destroyed or reduced to microfilm, the real
estate and land services section shall not on the
margin of the record of the deed of trust or
mortgage the book and page where the release is
recorded.
(c) If the record of such mortgage or deed of
trust has been destroyed and the record thereof
reduced to microfilm, it shall be sufficient evidence of satisfaction of any such mortgage or deed
of trust for the release or satisfaction of mortgage
or deed of release and reconveyance to be recorded and indexed as such. If the person acknowledging satisfaction appears in the office of the real
estate and land services section without a release
or satisfaction of mortgage or deed of release and
reconveyance, the person shall acknowledge satisfaction on a form of instrument provided by the
recorder for such purpose, which instrument shall
sufficiently identify the mortgage or deed of trust
by parties and by book and page of the official
records. Such instrument shall be certified to by
the real estate and land services section and
thereupon shall be treated as a release or satisfaction of mortgage or deed of release and reconveyance and recorded and indexed as such.
(d) If satisfaction is acknowledged by an assignee, the note secured shall be produced and
cancelled in the presence of the real estate and
CD17:40
DEVELOPMENT, REAL PROPERTY AND HOUSING
land services section, who shall enter that fact on
the margin of the record. If the record of such
mortgage or deed of trust has been destroyed and
the record thereof reduced to microfilm, the real
estate and land services section shall reduce such
production and cancellation of note to a written
and signed statement which shall thereafter be
recorded and indexed as releases, satisfactions of
mortgage and deeds of release and reconveyance
are recorded and indexed. If the note secured by a
mortgage or deed of trust has been lost or destroyed, the assignee, mortgagee or beneficiary
shall, before acknowledging satisfaction, make an
affidavit that he or she is the lawful owner of the
note and that it has been paid, but cannot be
produced for the reason that it has been lost or
destroyed, and the affidavit shall be entered on
the face or margin of the record or appended
thereto. If the record of such mortgage or deed of
trust has been destroyed and the record thereof
reduced to microfilm, such affidavit shall be recorded and indexed as releases, satisfactions of
mortgage and deeds of release and reconveyance
are recorded and indexed and shall have the same
force and effect as a release or satisfaction of a
mortgage or deed of release and reconveyan
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