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Home My WebLink AboutRes 2001-33Xiikfljpiy TOWN OF FOUNTAIN HILLS RESOLUTION NO.2001-33 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA ESTABLISHING A POLICY FOR TOWN-OWNED WASH MANAGEMENT AND MAINTENANCE WHEREAS,the Town of Fountain Hills owns several hundred acres of washes that provide scenic open space and wildlife corridors throughout the Town; and WHEREAS,FountainHillsresidentshavegiventheirstrongsupporttomaintainthese washesand drainage channels inasnaturalastateas possible;and WHEREAS,TheTownofFountainHillsshouldtakeactivemeasurestodevelop policies for the management and maintenance of these Town-owned wash corridors so that these open space and wildlife corridors are maintained in as natural a state as possible. NOW,THEREFORE,BE IT RESOLVED BY MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: Section 1:ThattheFountainHillsTownCouncilherebyadoptsthe "Town of Fountain Hills Wash Management and Maintenance Policy"asshown below: TOWN OF FOUNTAIN HILLS WASH MANAGEMENT AND MAINTENANCE POLICY 1.PURPOSE: The Fountain Hills Wash Management and Maintenance Policy provides Town Council direction regarding the Town's management and maintenance of Town- owned "wash"lands within Fountain Hills.Town-owned wash lands ("Washes") are those lands owned by the Town of Fountain Hills as identified on Exhibit 1. The Town-owned wash lands,in addition to containing natural washes,also contain other land usessuchas hillside slopes,open space,piped drainage, channelized drainage courses,dams and also serve as buffers.The Town Manager should implement this Policy,inthe manner outlined below. Resolution2001-33.doc Page 1 of 5 DEFINITIONS: All terms and definitions of words used inthis Policy shall have those meanings as defined in TheZoningOrdinance for theTown of Fountain Hills and inthe Fountain Hills Town Code. GENERAL PROVISIONS: The Town should manage and maintain the washes ina manner that: 3-1Is environmentally sensitive and consistent with the provisions of Article 9-3 of the Fountain Hills Town Code. 3-2 Preserves the Washes as open space and promotes wildlife habitat and does not inhibit migration within Washes. 3-3 Provides forthe periodic removal,under the direction of the Public Works Department,ofdead vegetation,non-native vegetation,and/or other vegetation only when necessary to achieving thegoals of reducing wildfire danger,facilitating drainage,or promoting public safety.Future Wash "clean-up"activities should be undertaken only after standards havebeen developed and/or refined.These standards should include the "clean-up" methods utilized bythe Town's subcontractor,including tagging plants to be removed bythe Public Works Department,lists of plants approved for removal and retention,erosion mitigation efforts and how these "clean-up" projects will continue to preserve wildlife habitat within the Washes.The Fountain Hills Fire Department,the Fountain Hills Sanitary District and the Arizona Department of Fish and Game shall review these standards. 3-4 Erosion Mitigations:Do notcutanyvegetationonslopes,near thebanks orsharpbends,orrapid streambed dropsunlessa fire hazardexistsor thereisa special drainage issueatthat location orthe vegetation impedes withthe function of or access totheutility. 3-5 Drainage Structures: A.Removevegetationneartheupstreamentrancetoculvertsandbox culverts. B.Removetreesonthe channel bottom approach within 20'of a small pipeculvertand 50'of large,multiplepipeculvertsoranyconcrete box culvert. C.Removeanytreesor large shrubswithin 20'of the pipe orculvert outlet(frequentlythisareawillhaveaconcreteorriprapoutlet apron). Resolution 2001 -33.doc Page 2of5 c NjiSBP'' 3-6 Street Crossings: Trim orcutvegetationthat excessively overhangstheroadwayor shoulder,blocksvehicular line-ofsight,orcreatesa flow restriction. 3-7 Wildlife: Minimizedisturbancetowildlife,andminimizedestruction of prime habitat foliage. 3-8 Fire Hazards: Clear designated area of combustiblevegetationtoestablish fuel breaks. (Reference 1997 UniformFire Code,Section 1103.24,and 1997 Urban Wildland Interface Code,AppendixA,Section 2.) Remove non-fire-resistive growthwithin 10'oneachside of roadways, driveway,and other fire apparatus access-ways. 4-1 Provides fora policy-implementation strategy bythe Engineering Department that includes periodic Wash observation,photographs and/or other documentation of Wash conditions. 4-2 Aerial Photography: TheTown should perform aerial photography ona regular recurring basis to document wash conditions and changes (initially recommended for 5-year intervals). 4-3 Wash Observation and Photography: On-call:Respond toreports of dumpinginthewashandreporttothe Town Marshals office for enforcement andcitation.Arrange for cleanup, if directed. Review construction andutility maintenance work areas (see separate section). Annually:Prepare scope and areas of work for washcleanup activities regarding flood control,fire control,and public safety.Annuallymake lists of any washes thathavebeen damaged byutilities,Townor public thatrequirerevegetation,wildlifehabitatrestorationorerosion prevention. Coordinate withutility companies regarding anyupcomingworkinthe washes thirtydays prior toany construction. Review areas subjectedtomajor flooding,damage,fire,orconstruction activities. Resolution 2001-33.doc Page3of5 c Take generalphotographs of theareaspriortoandafter completion of the proposed washcleanupandrestoration work. Triennially (1/3 every year):Driveroadsadjacenttotheperimeter of wash areas wherever feasible toobservethe general conditions. Drive passable vehiculartrails. Walk,bike,ordrive designated pedestrian pathways,asappropriate. Take comparative photography. Photograph specific problemandissueareas,for on-call follow-up. 5.Respects the rights of public utilities having easements withinthe washes, but also asserts the rights of the Town tobe notified of any work done in the wash as the owner of the washes. Many washes contain public utility easements and existing public utility lines.New public utilitylines,other new construction work,and maintenance workrequiring excavation requiresan encroachment permit fromtheTown Engineer as specified inTownCodeArticle16-1.The Town Engineer will not withhold permits allowing maintenance and reconstruction.Newutilitylines and structures in washes arestrongly discouraged,and shall be avoided where other reasonable alternatives outside of wash areas exist. 6.Ensures swift law enforcement response bythe Town Marshals Department to complaints and appropriate criminal prosecution of those dumping,grading or otherwise utilizing the washes ina prohibited manner.It furtherprovides for development of public information programs bythe Marshals Department,including development of neighborhood "Wash Watch"efforts Dumping,unauthorized grading,or otherwise utilizingthewashinan unauthorizedor prohibited mannerisa violation of theTownCode,and canresultin citation bytheTown Marshal. TheTown Marshal will disseminate informationtothepublicregarding respectingthenaturalenvironment of the washes. 1.Includes inter-departmental and inter-governmental cooperation regarding activities in the washes. 8 Provides fora notification process whereby any public utility or governmental entityhavingtherightto utilize awashfortheirrespective utility or governmental purpose(s)is required to provide theTown,asthe Resolution 2001-33.doc Page4of5 propertyowner,priorwrittennoticethatincludesadescriptionoftheir intent,scopeofwork,andanyplansfor improvements,grading orother work within a wash.This notification process does not apply inan emergency situation as defined bythe respective utility or where public health is at risk. Allpublicutilitiesand agencies witharighttoutilizeawashmustnotify the Town—the property owner—prior to commencing work (except in emergencies).The encroachment permit process isutilized for thiswork inwashes,similar tothatutilized for streetrights-of-way,in accordance withTownCodeSection16-1-2.Digging,grading,erectionand constructing are included intheworkwhichrequiresanencroachment permit. Section 2:That the Fountain Hills Town Council hereby directs theTown Manager to implement the "Town of Fountain Hills Wash Management and Maintenance Policy." PASSED AND ADOPTED this 21st day of June 2001. FOR THE TOWN OF FOUNTAIN HILLS: I JlfiAlfL !W. SHaron Morgan,Mayor REVIEWED BY: Paul L.Nordin Town Manager Resolution 2001-33.doc ATTEST: 6t&Us Cassie B.Hansen Town Clerk ^Vu4^v APPROVED AS TO FORM: William E.Farrell Town Attorney Paac 5 of 5 EXHIBIT 1 TOWN OF FOUNTAIN HILLS TOWN -OWNED WASH LANDS MAP LEGEND ~N TOWNOFFOUNTAINHILLS-OWNED WASH ANDOTHER LANDS SUBJECT TO RESOLUTION 2001-33 Q NORTH SCALE OF MILES PREPARED:JUNE 15,2001