HomeMy WebLinkAboutOrd. 24-09ORDINANCE NO. 24-09
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN
SUBDIVISION ORDINANCE CHAPTER 5, GRADING STANDARDS,
SECTIONS 5.04 B, G, AND H ALLOWING CLEARING IN HILLSIDE
PROTECTION AREAS FOR FIRE SAFETY
ENACTMENTS:
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA,
as follows:
SECTION 1. That Section 5.04 B 1 is amended as follows to add a new Section d:
D. AN AREA UP TO 10 FEET BEYOND THE DISTURBANCE FENCE MAY BE CLEARED DURING
CONSTRUCTION TO PROVIDE ADDITIONAL FIRE PROTECTION, PROVIDED A PLAN TO REVEGETATE THIS
AREA CONSISTENT WITH THE NATIVE DESERT IN PLACE PRIOR TO CONSTRUCTION IS APPROVED WITH
THE BUILDING CONSTRUCTION PLANS. THE REVEGETATION MUST BE ACCOMPLISHED PRIOR TO
ISSUANCE OF THE OCCUPANCY PERMIT.
Section 2. That Section 5.04 G 2 b 3 is amended as follows:
3. The following Hillside Protection Easement text shall be used for easements intended to meet the
intent of this Section 5.04:
Owner hereby grants to the Town of Fountain Hills a perpetual easement upon, across, over and under
all those areas designated as "Hillside Protection Easement" for the purpose of preserving the natural
topography and vegetation of land area within the Final Plat of (Subdivision Name) in conformance with
the Article V of the Town of Fountain Hills Subdivision Regulations. EXCEPT AS AUTHORIZED BY THE
TOWN'S FIRE MARSHALL FOR FIRE SAFETY,-4the owner or any of his heirs, successors, or assigns shall
not perform nor allow to be performed, any construction; or cutting, filling, grading to the Topography;
nor any grubbing, brushing, removal, or otherwise damage any vegetation, rock outcropping, or other
natural feature in the Hillside Protection Easement area without prior Town Council approval. A trail way
may be a permitted use if approved by the Town Council.
Section 3. That the existing Section 5.04 H be renumbered as Section I and a new Section H be added as
follows:
H. CLEARANCE FOR FIRE SAFETY. THE FIRE MARSHALL IS AUTHORIZED TO REVIEW AND APPROVE
LIMITED CLEARING AND REMOVAL OF PLANT MATERIAL WITHIN A NON -DISTURBANCE AREA, ON THE
LOT, FOR UP TO 100' FROM A STRUCTURE, TO REDUCE FIRE DANGER FROM OVERGROWTH AND AN
ACCUMULATION OF DEAD OR DYING PLANT MATERIAL. THE PURPOSE OF THIS SECTION IS TO REDUCE
FIRE DANGER BY REQUIRING THE REMOVAL OF MATERIAL THAT CREATES A FIRE DANGER. THIS
SECTION DOES NOT ALLOW ANY REVEGETATION WITHIN THE NON -DISTURBANCE AREA. ANY WORK
DONE BEYOND WHAT IS AUTHORIZED BY THE FIRE MARSHALL WILL BE IN VIOLATION OF THIS
ORDINANCE AND SUBJECT APPLICABLE FINES AND FEES.
I. Enforcement; Remediation. In the case of disturbance activities in violation of this ordinance, the
Community Development Director or designee has the authority to enforce these regulations, including
but not limited to, the authority to require the immediate chain -link fencing of all disturbance perimeters,
the authority to require the immediate re -vegetation of any Illegally -disturbed areas and/or the authority
to issue project -wide stop work orders. Furthermore, disturbance activities in violation of this Ordinance
are violations of the Fountain Hills Town Code, and are subject to ARTICLE 1-8 PENALTY, Subsection A of
the Town Code, as amended.
Section 4. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws of the State
of Arizona, the City/Town Council has considered the individual property rights and personal liberties of
the residents of the City/Town and the probable impact of the proposed ordinance on the cost to
construct housing for sale or rent before adopting this ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County,
Arizona, this 2"d day of April, 2024.
FOR THE TOWN OF FOUNTAIN HILLS:
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ATTESTED TO:
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk
REVIEWED BY:
Rachael, Town
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney