
BUSINESS AND LAND DEVELOPMENT PROCEDURES
| A Guide For Development On
The Gila River Indian Community |
- Sovereignty. The Community is a federally-recognized
Indian reservation with a constitution and has sovereign government
status. The Community's sovereign rights are of central importance
and will be applied to the maximum degree.
- Trust status is held by the federal government for Community
lands, either Community owned or by an individual allottee(s).
This trust status makes trust lands subject to certain federal
laws, including the National Environmental Policy Act of 1969
and the Archaeological Protection Act of 1979 among others. Any
prospective developer should recognize compliance with these laws
may be required by federal law.
These development procedures are intended to insure land use decisions
maximize the utilization of all lands keeping with the goals of
the Community. This is in order to provide the best information
available to elected officials to base their decision. This allows
a process that entitles Community members and entities to provide
input to the decision makers. To insure that all developments on
the reservation are properly designed and protect the health, safety
and general welfare of the Community, adopted standards of the Community
government will be observed. This includes protecting the natural
environment by encouraging development practices that protect the
wildlife, vegetation, land, watercourses, air and water quality
and supply. All adopted ordinances of the Community, such as Native
plant, Interim Zoning, subdivision and plat, pesticide, T.E.R.O>,
si8gn, solid waste antiquities, all applicable building, fire codes
and other applicable ordinances, are to be adhered to. This clearly
defines the administrative responsibilities for all development
projects in the Community.
There are three defined processes to follow:
- Economic Development Process - any development that
is commercial, industrial, recreational, tourism, gaming, or any
revenue generating use of land and resources must be reviewed
and approved. Any economic development proposal that involves
land development that has not been specifically approved by action
of the Community Council will be required to follow the "Land
Use Action Review Process".
- Land Use Action Review Process - Public, residential,
community recreational, or other land uses intended to enhance
the quality of Community life (including new roads/utility facilities)
rather than primarily to produce revenue shall be reviewed and
approved.
- Certificate of Compliance - Areas that have been master
planned and zoned by action of the Community Council shall follow
an abbreviated review and approval process that will provide allowance
for quick review and approval in order to insure that Community
ordinances are being followed.
- An enrolled Community member constructing a residence on an
approved Community home site or individual allotment constructed
in conformance with the provisions of the Community Home site
Ordinance and Building Codes.
- The cultivation, improvement or development of designated agricultural
lands for agricultural purposes.
- Routine maintenance/repair of existing buildings, structures,
and facilities.
- The stated exemptions apply to these procedures; they do not
imply an exemption from any other Community ordinances, except
where granted by an action of the Community Council.
| For Further Information On
Development Procedures |
Copies of the Business and Land Development Procedures are available
through the Economic Development Department for a fee of $25.00.
All developers are requested to acquire a copy of this document
that will further assist them in the development process.
| General Requirements For
All Developments |
- All professional firms and individuals retained on any reservation
development project must have a Community business license prior
to doing any work on the project.
- Any professional involved in any development project must obtain
a right of entry permit where required by Community law, prior
to commencing work on the reservation.
- Except where expressly permitted otherwise by the Community
Council, all approved development projects must follow applicable
Community standards. Where adopted Community ordinances specify
additional requirements, those standards of the adopted Community
ordinances shall prevail.
- All site, subdivision, and engineering plans, must have the
stamp of an Arizona licensed engineer.
- All building and construction plans must have the stamp of an
Arizona licensed architect.
- All applications for developments must be signed by the developer,
verifying that all information contained in the application and
supporting documents are true. Incorrect information and lack
of full disclosure may require the developer to repeat each step
of any the processes where the proposal was considered based on
incomplete of inaccurate information.
- Each step of the process is represented by a single meeting
of the decision making and advisory bodies in the identified processes.
It is possible that these bodies may require additional meetings
and further information prior to making a decision or formulating
a recommendation.
- Any developer should be aware that Community lands, whether
Tribal or allotted that are held in federal trust are subject
to federal laws pertaining to federal lands.
- Review of proposals under the three processes should be completed
within fifteen (15) working days by each Community Department.
All reviews shall be submitted in writing to the Economic Development
Director (Economic Development Process) or Land Use Planning Director
(Land Use Action Process and Certificate of Compliance), and to
the Chairman of the appropriate Committee.
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