HomeMy WebLinkAboutOrd 1998-11 ORDINANCE #98-11
AN ORDINANCE OF THE MAYOR AND COMMON CO
UNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING ARTICLE V -
GRADING STANDARDS OF THE SUBDIVISION ORDINANCE OF THE
TOWN OF FOUNTAIN HILLS, SECTION 504 BY PERMITTING THE
REVEGETATION OF HILLSIDE PROTECTION AREAS DISTURBED
PRIOR TO SEPTEMBER 21, 1991 WITH STAFF APPROVAL.
WHEREAS The Town of Fountain Hills adopted Resolution 1996-68, on October 3, 1996,
which adopted The Subdivision Ordinance of the Town of Fountain Hills; and
WHEREAS Article V - Grading Standards of The Subdivision Ordinance of the Town of
Fountain Hills, provides for a procedure regulate grading in subdivisions, and
WHEREAS Section 504 of Article V of The Subdivision Ordinance of the Town of Fountain
Hills, specifies the Hillside Disturbance standards for subdivision grading; and
WHEREAS All areas graded prior to September 21, 1991, but have slopes ten (10) percent or
greater, are considered to be areas to be included in hillside protection areas under
the standards of The Subdivision Ordinance of the Town of Fountain Hills; and
WHEREAS The Subdivision Ordinance of the Town of Fountain Hills does not permit any
trof disturbance, including landscaping of the Hillside Protection Areas; and
WHEREAS Hillside protection areas, disturbed prior to September 21, 1991, are more
desirable to be landscaped rather than left in its present state; and
WHEREAS The Town Council desires to permit the revegetation of hillside protection areas
that were disturbed prior to September 21, 1991.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Revisions to ARTICLE V - GRADING STANDARDS of The Subdivision
Ordinance of the Town of Fountain Hills is amended as follows, with the strikeout
areas showing deletions and the double underlined portions showing the additions:
504. Hillside Disturbance.
C. Any previously-disturbed hillside areas within a proposed subdivision,
including but not limited to areas such as access roads, where the
salvaging of landscape materials for revegetation purposes as described in
Section 606 (C) of this Ordinance has occurred, shall be counted toward
the total amount of hillside within the subdivision but shall not be accepted
_I cl_q . by the Town as undisturbed hillside areas. If an applicant desires to
SS j AIL ----salvage landscape materials for revegetation purposes prior to Final Plat
MOTION approval, the applicant may do so at the risk of non-compliance with this
SECOND
COUNT
Ordinance and denial of the final plat. THE STAFF MAY
PERMIT THE REVEGETATION OF HILLSIDE
(imie PROTECTION AREAS DISTURBED AFTER
SEPTEMBER 21, 1991 IN ACCORDANCE WITH AN
APPROVED LANDSCAPE PLAN.
E. Disturbance Buffers and Fencing.
1. Fencing: After a disturbance area is defined, an area at least equal
to the hillside protection requirements of the lot, parcel or tract,
may be protected by a chain-linked fence six feet in height and
affixed in the ground to assure non-movement. The fenced-in area
shall include all previously disturbed areas and all areas intended
to be disturbed. There shall be no disturbance outside the fenced
area. HOWEVER, THE TOWN STAFF MAY
APPROVE THE REVEGETATION OF HILLSIDE
PROTECTION AREAS DISTURBED PRIOR TO
SEPTEMBER 21, 1991 IN ACCORDANCE WITH
A LANDSCAPE PLAN APPROVED BY THE
STAFF. The fencing may be removed only after the completion
of all construction activity on the lot.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this nineteenth day of February, 1998.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jerry files, ayor C6-114A-:--,QJ
Cassie B. Hansen, Town Clerk
RE IEWED BY: APPROVED AS TO FORM:
A v 717416€14r
. Nordin, Town Manager William E. Farrell, Town Attorney
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