HomeMy WebLinkAboutOrd 2018-12 ORDINANCE NO. 18-12
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
SUBDIVISION ORDINANCE, ARTICLE 5, SECTION 5.02 AND SECTION 5.04
TO REMOVE THE REQUIREMENTS FOR 6-FOOT TALL CHAIN LINK
FENCING TO DELINEATE THE DISTURBANCE LIMIT BOUNDARIES AND TO
ALLOW ROPE AND FLAG TO BE USED TO DELINEATE THE
DISTURBANCE LIMIT BOUNDARIES
RECITALS:
WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the "Town Council")
adopted Ordinance No. 96-29, which established the Subdivision Ordinance for the Town of
Fountain Hills (the "Subdivision Ordinance"); and
WHEREAS, the Town Council desires to amend Article 5 (Grading Standards), Section 5.02
(Subdivision grading Standards) and Section 5.04 (Hillside Disturbance) of the Subdivision
Ordinance to remove the requirements for 6-foot tall chain link fencing to delineate the
disturbance limit boundaries and to allow rope and flag to be used to delineate the disturbance
limit boundaries; and
WHEREAS, public hearings regarding this Ordinance were advertised in the August 22, 2018,
and August 29, 2018 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
September 16, 2018, and by the Town Council on October 2, 2018.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. The Subdivision Ordinance, Article 5 (Grading Standards), Section 5.02
(Subdivision Grading Standards), is hereby amended as follows:
Section 5.02 Subdivision Grading Standards
Section 5.02.6.8
8. Disturbance Limit Fencing: Prior to the issuance of a building or grading permit, and prior
to any disturbance activities, a six foot high imbedded chain link fence ROPE AND
FLAG shall be 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 ROPE 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 ROPE. The
Town Manager or authorized designee shall inspect the fence ROPE. signage, and
ORDINANCE 18-12 PAGE 2
surveyor's staking to insure its proper location and construction prior to the issuance of
the building/grading permit for the site. Such fencing ROPE 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 Town Manager or authorized designee 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.
SECTION 3. The Subdivision Ordinance, Article 5 (Grading Standards), Section 5.04 (Hillside
Disturbance), is hereby amended as follows:
Section 5.04 Hillside Disturbance
Section 5.04.E.
1. Fencing: Except as provided in Subsection 5.04.E.2, after a disturbance area is defined,
an area at least equal to the hillside protection requirements of the lot, parcel, or tract,
shall be protected by chain linked fence six feet in height ROPE AND FLAG and affixed
in the ground to assure non-movement. The fenced ROPED-in area shall include all
previously disturbed areas and all areas intended to be disturbed. There shall be no
disturbance outside the-fenced ROPED-IN area. However, the Community Development
SERVICES Director or designee may approve the re-vegetation of nondisturbance areas
or hillside protection areas disturbed prior to September 21, 1991 in accordance with a
landscape plan approved by the Community Development SERVICES Director or
designee. The fencing ROPE AND FLAG may be removed only after the completion of
all construction activity on the lot.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to take all steps and execute all documents necessary to carry
out the purpose and intent of this Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, this
2nd day of October, 2018.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
. _! r .r. - . . „0-7_ Al
•d. M. Kay. agh, Mayer Eliz. •e—h A. r e, Town Cler
REVIEWED BY: APPRO g AS TO FORM:
Grady E. Mill r, own Manager •aron D. Arnson, Town Attorney
Pierce Coleman