HomeMy WebLinkAboutOrd 1993-19® ORDINANCE 93-19
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY,
ARIZONA, AMENDING CHAPTER 15 OF THE "FOUNTAIN
HILLS TOWN CODE" TITLED, SUBDIVISIONS, AND
COMMONLY KNOWN AS THE FOUNTAIN HILLS SUBDIVISION
REGULATIONS, BY CREATING NEW GRADING STANDARDS
FOR SUBDIVISIONS AND DELETING REVERENCE TO THE
HILLSIDE DEVELOPMENT STANDARDS OF THE FOUNTAIN
HILLS ZONING ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA AS FOLLOWS:
SECTION 1. Article 11, Section 203, #20 is amended to read as follows:
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20 Subdivision Gradin¢ =TGe lauii<located iit"a resideiirial zoning _distract tfiaf
is to be subdivided shallbegraded to accofdance wtth the standards to
Arucle:IIi Secpon 304of tlie:"orduiance;;
Section 2. Article III shall be amended as follows:
Section 102.00. Definitions
For the purposes of these Regulations, certain words, terms and phrases are defined
as follows:
1. Alley: A passage or way open to public travel, affording generally a secondary
means of vehicular access to abutting lots or upon which service entrances of
buildings abut, and not intended for general traffic circulation.
2. Approval, Conditional: An affirmative action by the Commission or the Council
indicating that Approval will be forthcoming upon satisfaction of certain specified
stipulations.
3. Approval, Preliminary: Unconditional approval of the Preliminary Plat by the
Commission as evidenced in its meeting minutes and noted upon prints of the
® Plat; constitutes authorization to proceed with final Engineering Plans and Final
Plat preparation.
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4. Approval, Final: Unconditional approval of the Final Plat by the Council as
evidenced by certification on the Plat by the Chairman and the Clerk of the
Council; constitutes authorization to record a plat.
65 Building Line: A line between which line and street right-of-way no building or
structure or portion thereof, shall be erected, constructed and/or established other
than steps, unenclosed balconies, unenclosed porches and roof overhangs.
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Commission: The Fountain Hills Planning and Zoning Commission.
Council: The Common Council of the Town of Fountain Hills.
Department: The Department of Planning of Fountain Hills.
Disturbance j Clganng g1b4l ng :excavation and/or filling
Irl. Drainage, Local: Water which accumulates as a result of local storms and flows
over land not included in a delineated floodplain. This shall include sheet flow
and such flow as may be concentrated in local drainage systems with or without
defined channels, excluding delineated floodplains.
3212 Drainage, One Hundred Year Storm: (Peak Discharge): Local drainage resulting
from a storm which has a 1% chance of occurring annually, based upon the
methods given in Hydrologic Design for Highway Drainage in Arizona, published
by the Arizona Department of Transportation, Highway Division.
.913. Easement: A grant by a property owner of the use of land for a specific purpose
or purposes, by the general public, corporation, or a certain person or persons.
4414. Easement, Aerial: A grant by a property owner for the use of land for the specific
purpose of extending overhead utilities.
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® 2g17. fgod'Fifty vear Fleed: A flood that has a 2% chance of occurring, based upon
the criteria established by the Arizona Water Commission.
3818. Flood;; One Hundred -year Flood: A flood that has a 1% chance of occurring,
based upon the criteria established by the Arizona Water Commission.
2719. Floodplain: The relatively flat areas or low lands adjoining the channel of a
watercourse, or areas where drainage is or may be restricted by man-made
structures which have been or may be covered partially or wholly by flood water,
but shall compose an area not less than that area confined by the Fifty-year Flood
and shall not exceed that area confined by the One hundred -Year Flood.
2826. Floodplain: Delineated: Shall be that area delineated and
mapped as a floodplain, as approved by the Council and as shown on the Town
Official Zoning District Maps. At no time shall be less than that delineated by the
Federal Emergency Management Agency.
3621: Direct On-site Runoff: That portion of the rainfall which falls within the entire
limits of the proposed subdivision and which flows across the land or enters
streams promptly after the rainfall.
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24s
25 Grubbing:Tlieelimttiantitiof_roots:from tfie.;ground by'digging or. puiliifg
44-26. Lot: Any lot, parcel, tract of land, or combination thereof, shown on a plat or
described by metes and bounds, having frontage on a public or private street or
on a permanent roadway easement which adjoins a street, and intended for transfer
of ownership or intended or used for building development.
4227;. Lot, Double Frontage: A lot which extends from one street to another street,
existing or proposed.
28 Naave Vegetaaon: genops plain maten ssof: e:Sonorart::Desert:
-® 33529. Off-site Drainage: The storm surface waters emanating from higher lands outside
the limits of the proposed subdivision and draining through the site of the
proposed subdivision.
3430. Oiie`Hiindred (100) year, 2 -hour Storm (Detention): A storm which has 100 -year
rainfall values shown on the most current precipitation maps for the area, prepared
by the National Weather Service (U.S. Weather Bureau) for the Soil Conservation
Service. 2 -hour values are extrapolated from 24-hour and 6 -hour values by using
the Rainfall Depth - Duration diagram given in Weather Bureau Technical Paper
No. 40.
4431`. Owner. The person or persons holding title by deed to land, or holding title as
vendees under land contract, or holding any other title of record.
3332. Person: Any firm, partnership, association, corporation, individual, or any agent
of any of the foregoing, or the State or any agency or political subdivision thereof.
4333. Plan, Town: The General Plan of the Town of Fountain Hills duly adopted by the
Council (Sometimes referred to as a "general plan").
4634: Plan, Development Master. A preliminary master plan for the development of a
® community or other large land area, the platting of which is expected to be under-
taken in progressive stages. A Development Master Plan shall be subject to
Commission and Council Approval.
4}35. Plan, Neighborhood: A plan designed by the Department to guide the planning
of unsubdivided or vacant parcels of land in a partially built up neighborhood so
as to make reasonable use of all land, correlate street patterns, and achieve the
best possible land use relationships.
4$36. Plans, Engineering: Plans, profiles, cross-sections and other required details for
the construction of public improvements, prepared by a registered professional
engineer in accordance with the approved Preliminary Plat and in compliance with
standards of design and construction or policies approved by the Council.
-1437. Plat: A map of a Subdivision.
a. Preliminary Plat: A preliminary trap, including supporting data, indicating
a proposed subdivision development, prepared in accordance with these
Regulations.
b. Final (Record) Plat: A map of all or part of a subdivision providing
substantial conformance to an approved Preliminary Plat, prepared in
® accordance with these Regulations and approved by the Council before
recordation.
C. Recorded Plat: A Final Plat bearing all of the certificates of approval
required in Section 207 of these Regulations and duly recorded in the
Maricopa County Recorder's Office.
38 Reiaining:Wa11:=;A_wallor:teiraced;comtntiatiopofwalisusedao;e tainearth;_lliit
not suppomng the wall of a building
39 ReVeeetanon -The replacement o£indigenous-living plant_materi on areas
where tliehnatural_ vegetation, has:ubeen removed: ;;Ttie.;areas:.inclu&*disiurhed
natural .areas and man made cut and fill slopes:
2840. Standards, Public Improvement: A set of regulations setting forth the details,
specifications and instructions to be followed in the planning, design and
construction of certain public improvements in Fountain Hills, formulated by the
Town Engineer, Maricopa County Flood Control District, the Maricopa
County Health Department, and other Town departments.
X141°. Streets: That area, whether public or private, between right-of-way lines,
dedicated, reserved or provided for roadway purposes and other uses not
inconsistent therewith. A public street must be accepted by the Town Council
prior to acknowledgement that said street is a public street. A private street must
be contained in a recorded plat or horizonal property regime.
® a. Arterial Route: A general term including freeways, expressways and
arterial streets; an interstate, state, or county highway having regional
continuity; any urban street having considerable continuity and carrying a
large volume of both passenger and commercial vehicles. These arterial
routes are normally on the section lines.
b. Residential Streets:
(1) Collector Street: A neighborhood street with limited continuity and
having the primary function of carrying residential traffic from
minor streets to arterial routes; a secondary function being to
provide access to abutting residential properties.
(2) Frontage Street: A minor street parallel and adjacent to an arterial
route which provides access to abutting property, intercepts minor
residential streets and controls access to an arterial route.
(3) Minor Street: A street used primarily for providing access to
abutting property.
(4) Cul-de-sac Street: A minor residential street having one end
permanently terminated in a vehicular turnaround.
® (5) Loop Street: A minor residential street which forms a loop and
returns to the same street from which it originated.
X242. Subdivider: A subdivider shall be deemed to be the individual, fore, corporation,
® partnership, association, syndicate, trust or other legal entity that files the
application and initiates proceedings for the subdivision of land in accordance with
the provisions of this Ordinance; and said subdivider need not be the person or
persons holding title by deed to land, or holding title as vendees under land
contract or holding any other title of record.
2343_ Subdivision:
A. "Subdivision" means improved or unimproved land or lands divided for the
purpose of financing, sale or lease, whether immediate or future, into four
or more lots, tracts or parcels of land, or, if a new street is involved, any
such property which is divided into two or more lots, tracts or parcels of
land, or, any such property, the boundaries of which have been fixed by
a recorded plat, which is divided into more than two parts. "Subdivision"
also includes any condominium, cooperative, community apartment,
townhouse or similar project containing four or more parcels, in which an
undivided interest in the land is coupled with the right of exclusive
occupancy of any unit located thereon, but plats of such projects need not
show the building or the manner in which the buildings or airspace above
the property shown on the plat are to be divided.
® B. "Subdivision" does not include the following:
1. The sale or exchange of parcels of land to or between adjoining
property owners if such sale or exchange does not create additional
lots.
2. The partitioning of land in accordance with other statutes regulating
the partitioning of land held in common ownership.
3. The leasing of apartment, offices, stores or similar space within a
building or trailer park, nor to mineral, oil or gas leases.
2444: Utilities: Installations or facilities, underground or overhead, furnishing for the use
H of the public electricity, gas, steam, communications, water, drainage, sewage
disposal or flood control, owned and operated by any person, firm, corporation,
municipal department or board, duly authorized by State or municipal regulations.
2-545. Utility Committee: An individual or group of individuals designated by the
several utility companies as their representative(s) in subdivision matters related
to location of any or all private utilities.
2646. Way, Pedestrian: A public walk provided entirely through a block from street to
® street and/or providing access to a school, park, recreation area, or a shopping
center.
Sedi.309,.:k*e'siden-i"W[:'S'*u'b'diViii&Ziidiiik Standards:
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PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Maricopa County, Arizona, the 1'K day of October, 1993.
ATTEST TO:
.
Cassie B. Hansen, Town Clerk
REVIEWED BY:
Paul ordin, Town Manager
FOR THE TOWN OF FOUNTAIN HILLS:
APPROVED AS TO FORM:
William E. Farrell, Town Attorney