HomeMy WebLinkAboutOrd 2001-19 TOWN OF FOUNTAIN HILLS
ORDINANCE#01-19
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5 SECTION 5.11 (B)
(11) OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS
PURSUANT TO CHAPTER 2,SECTION 2.01 OF THE ZONING ORDINANCE FOR
THE TOWN OF FOUNTAIN HILLS TO SUGGEST MINIMUM HORIZONTAL
DISTANCES BETWEEN CERTAIN CONSTRUCTION/GRADING ACTIVITIES
AND NON-DISTURBANCE AREAS OR HILLSIDE PROTECTION EASEMENTS
AND PROCEDURAL REGULATIONS FOR PROCESSING LAND
DISTURBANCE ORDINANCE VIOLATIONS.
WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which
adopted The Zoning Ordinance for the Town of Fountain Hills,and;
WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides
for a procedure to amend said ordinance,and;
WHEREAS, The Town of Fountain Hills desires to amend its regulations to suggest minimum horizontal
distances between certain construction/grading activities and non-disturbance or hillside
protection easements and procedural regulations for processing land disturbance ordinance
violations,and;
WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town
of Fountain Hills have been followed,and;
WHEREAS, The Town of Fountain Hills has rewritten the text of Chapter 5,Section 5.11 (B)(11)of The
Zoning Ordinance for the Town of Fountain Hills and published these proposed text
changes in the official newspaper of general circulation, The Times of Fountain Hills and
Rio Verde on November 14,21 and 28,2001 and;
WHEREAS, Public hearings were advertised in the November 14,21 and 28,2001 editions of The Times
of Fountain Hills and Rio Verde,pursuant to Arizona Revised Statutes §9-462.04,and;
WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on
November 29,2001 and by the Fountain Hills Town Council on December 4,2001.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS:
,Section 1, Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain
Hills, Chapter 5, Section 5.11 (B)(11) of The Zoning Ordinance for the Town of Fountain
Hills shall be amended as follows(New text is shown as rini,hle-„rn1 dined and text to
be deleted is shown as trosbed uut.)
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5.11 Land Disturbance Standards.
Loy
B. Grading Standards.
11. Disturbance Limit Fencing. Prior to the issuance of a building or grading
permit the property owner and the general contractor shall sip a
disclosure form that is nreenar� erl by the Community Development
Department acknowledging the regulations of and agreeing to comply
with Section 5 1 1 (B)(1 1 and 12) of this ordinance Prior to the issuance
of any building or grading permit and prior to any disturbance activities, a
six-foot high imbedded chain-link fence shall be permitted and installed on
the disturbance limit line as identified on the approved site plan for the
site. The disturbance limit boundary shall be established and staked by an
Arizona registered land surveyor. No disturbance limit fencing shall be
located outside of the surveyor's staked area. Appropriate warning signs in
English and Spanish shall also be posted at least every 100 linear feet on
the required fencing. The building official, or his/her designee(s), shall
inspect the fence, signage, and surveyor's staking to insure its proper
location and construction prior to the issuance of the building/grading
permit for the site. Such fencing and signage shall be maintained in place
throughout the grading/construction process and shall only be removed
after a final inspection or Certificate of Occupancy has been issued by the
Town. These regulations may be waived by the Community Development
Director if 100% of the lot,on which the construction activity is permitted,
has been graded or disturbed as part of an approved subdivision grading
permit.
12. Disturbance Buffers
A. Tt is recommended that all proposed non-disturbance areas nr
hillside protection easements be located not closer than•
• Fight(R)feet from any building,
• Five (5) feet from the outside fare of any retaining wall
where the retaining wall is.ciinnnorting aD fill clo e
• »
cut clo P,the toe of such clone Dinning at the bottom of
the outside edge of the footing for any retaining wall
where the retaining way ll is sunnorting a curt cllonee.
• Three ) feet from the outside face of any other wall or
fence or the edge of any fill grading and
• One(1)foot from the edge of any cult grading
• Ten (10) feet from any sewer lateral nr five feet from the
edge of any utility line.trench whichever is greater
B. I disturbance does take place within a non-disturbance area or
within a hillside nrntection easement-all construction and grading
Activity on the site shall stop,pursuant to a Town-issued stop work
order The stop work order shall remain effective until the
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• Provides the Tnwn with a revised cite plan prepared by art
Arizona-registered land surveyor that accurately depicts
the area and Ci7P in square feet of the disturbance into
the non-disturbance area(cl nr hillside nrntectinn
•
the non-disturbance nr hillside, nrntectinn easement
• muses the non-disturbance areas) nr hillside nrntectinn
easement areas)to etated and irrigated according
to
,,''thcce cnhmitte dd an annnrnvPd reveeetatinn and img Linn
p „„ and
• Pays to the Town a fee of five dollars(45 00)per square
foot of disturbance that occurred within the non-
disturbance_areas_or_hillside4trotection_easements_cut the
pro
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona,this 4th day of December,2001.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
CAu14.41.v3
Sharon Morgan,Mayor Cassie B.Hansen,Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
7//,Aelle Y‘4111 Se‘rAl/
William E.Farrell,Acting Town Manager William E.Farrell,Town Attorney
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ORDINANCE 01-19
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