Current Initiatives | Adams For Yuma Mayor

CITY OF YUMA, ARIZONA INITIATIVE ORDINANCE

YUMA MAJOR PROJECT TRANSPARENCY, INFRASTRUCTURE, AND COMMUNITY PROTECTION ACT

SECTION 1 PURPOSE AND INTENT

The purpose of this Ordinance is to protect the public health, safety, and welfare of the residents of the City of Yuma by ensuring that major development projects are subject to transparent review, infrastructure accountability, environmental responsibility, and reasonable land-use regulation.

This Ordinance is intended to:

• Protect the City’s water, energy, transportation, and public service resources;

• Ensure that large-scale developments do not negatively affect residential communities or quality of life;

• Promote transparency in land use, permitting, and incentive decisions;

• Provide meaningful opportunities for public participation before approvals are granted;

• Establish uniform standards for the review and approval of major development projects;

• Require clear disclosure of projected community benefits, costs, and impacts.

SECTION 2 DEFINITIONS

For purposes of this Ordinance, the following definitions shall apply:

A. “Major Development Project”

Any private or public development, redevelopment, industrial, commercial, institutional, or mixed-use project meeting one or more of the following criteria:

1. Exceeds 25,000 square feet in gross floor area;

2. Occupies ten (10) acres or more of land;

3. Requires significant new utility, roadway, drainage, or public infrastructure improvements;

4. Is projected to materially increase water, electrical, sewer, or transportation demand;

5. Receives or requests tax incentives, abatements, public subsidies, land discounts, or other public assistance;

6. Is reasonably expected to create substantial environmental, traffic, noise, heat, or neighborhood impacts.

B. “Applicant”

Any person, corporation, partnership, limited liability company, governmental entity, or other organization seeking approval for a Major Development Project.

C. “Independent Study”

A professional report prepared by a qualified third party with no financial interest in the project outcome beyond the contracted preparation of the report. Paid by Applicant.

SECTION 3 SPECIAL REVIEW APPROVAL REQUIRED

A. Permit Requirement

No Major Development Project shall be approved, constructed, expanded, or substantially modified within the City of Yuma without completion of the review process established under this Ordinance.

B. Review Process

Approval shall require:

1. Review and recommendation by the Planning and Zoning Commission;

2. Final approval by the City Council when otherwise required by law;

3. Not fewer than two (2) publicly noticed hearings for qualifying projects;

4. Public release of required reports and disclosures before any final vote.

C. Applicability

This Ordinance supplements existing zoning, planning, and development regulations. Where conflicts exist, the stricter standard shall govern to the extent permitted by law.

SECTION 4 REQUIRED DISCLOSURES

Prior to approval, each Applicant shall provide complete, accurate, and verifiable disclosures including:

A. Project Description

• Nature and purpose of the project;

• Ownership structure and controlling entities;

• Proposed site plan, building size, and operational use;

• Estimated construction timeline and operational timeline.

B. Resource Demand

• Projected daily and annual water usage;

• Projected daily, peak, and annual electrical demand;

• Sewer, drainage, and waste service impacts;

• Roadway and traffic demand projections.

C. Economic Impact

• Estimated construction jobs;

• Estimated permanent local jobs;

• Expected wage ranges where available;

• Estimated local tax revenue generation;

• Requested public incentives or subsidies, if any.

D. Consultant Transparency

• Identification of all consultants preparing studies or reports;

• Disclosure of compensation paid to such consultants when related to approval materials.

E. Public Cost Analysis

• Estimated public infrastructure costs;

• Estimated maintenance obligations to the City;

• Estimated demand on police, fire, emergency response, and other public services.

Failure to satisfy the requirements of this Section shall constitute grounds for denial or continuance.

SECTION 5 INFRASTRUCTURE AND IMPACT ANALYSIS

Applicants shall submit independent studies addressing, where applicable:

• Water demand and long-term sustainability;

• Electrical grid and utility capacity impacts;

• Traffic circulation and roadway impacts;

• Drainage and flood control impacts;

• Air quality impacts;

• Noise impacts;

• Heat generation or thermal impacts;

• Environmental and neighborhood compatibility impacts;

• Public safety and emergency service impacts.

All studies shall be completed prior to final review and made publicly accessible.

SECTION 6 COMMUNITY COMPATIBILITY STANDARDS

A. Compatibility Requirement

A Major Development Project shall be designed and operated in a manner reasonably compatible with surrounding uses and neighborhoods.

B. Mitigation Measures

The City may impose reasonable conditions including:

• Buffers or setbacks;

• Landscaping or screening;

• Traffic improvements;

• Noise mitigation;

• Water conservation measures;

• Operational limitations;

• Phasing requirements;

• Infrastructure upgrades funded by the Applicant.

C. Sensitive Areas

Additional scrutiny and protective conditions may be required for projects near residential areas, schools, parks, hospitals, or other sensitive uses.

SECTION 7 TRANSPARENCY AND PUBLIC ACCESS

• All application materials, studies, reports, and disclosures shall be made publicly available no less than thirty (30) days prior to any public hearing;

• Public notice shall be provided in accordance with City requirements and any enhanced notice required by this Ordinance;

• All documents shall be accessible in a centralized, searchable, and publicly available format when feasible;

• Material project changes after public notice shall require updated disclosure before final approval.

SECTION 8 ONGOING COMPLIANCE

Approved projects may be required to submit periodic compliance reports demonstrating adherence to approval conditions, mitigation requirements, and disclosed operational thresholds.

Material deviations may trigger additional review, enforcement action, or modification of conditions as permitted by law.

SECTION 9 ENFORCEMENT

Any violation of this Ordinance or imposed approval conditions shall be subject to:

• Suspension or revocation of permits or approvals;

• Administrative penalties or fines as determined by the city;

• Injunctive relief or other remedies available under applicable law;

• Recovery of enforcement costs where authorized by law.

SECTION 10 ACTUAL RESOURCE USE AND EXCEEDANCE
A. Ongoing Reporting
Each approved Major Development Project shall submit periodic verified reports of actual water usage, electrical consumption, and other applicable operational impacts as required by the City.
B. Material Exceedance
If actual usage exceeds disclosed projections by ten percent (10%) or more during any reporting period, the City may require corrective action.
C. Significant Exceedance
If actual usage exceeds disclosed projections by twenty-five percent (25%) or more, the City may initiate permit review and may impose additional conditions, penalties, mitigation requirements, suspension of expansion, or other lawful remedies.
D. Cost Responsibility
The Applicant or operator shall bear reasonable costs of additional infrastructure or mitigation necessitated by material exceedance attributable to the project.
E. Knowing Misrepresentation
Any knowing material misrepresentation in application disclosures shall constitute grounds for penalties, permit revocation, or denial of future approvals, subject to due process and applicable law.
F. Public Access
All required reports under this Section shall be publicly available.

SECTION 11 SEVERABILITY

If any provision of this Ordinance is held invalid, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.

SECTION 12 EFFECTIVE DATE

This Ordinance shall take effect upon approval by a majority of the qualified electors voting thereon, or as otherwise provided by law.