HomeMy WebLinkAboutOrd 1996-43 TOWN OF FOUNTAIN HILLS
ORDINANCE #96-43
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING AMENDMENTS
TO CHAPTER 5 OF THE ZONING ORDINANCE FOR THE TOWN OF
FOUNTAIN HILLS BY AMENDING SECTION 5.11 TO ADOPT THE
GRADING STANDARDS OF THE SUBDIVISION OF THE TOWN OF
FOUNTAIN HILLS FOR ALL LOTS LOCATED IN SUBDIVISIONS
PLATTED IN SUBDIVISIONS SUBMITTED AFTER NOVEMBER 3, 1996,
PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS.
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, as Chapter
17 of The Code of 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 adopted a new subdivision ordinance on October 3,
1996 with new grading standards, and;
WHEREAS, The Town of Fountain Hills desires to have the grading standards established in
the subdivision ordinance maintained throughout the development process, and;
WHEREAS, The Zoning Ordinance for the Town of Fountain Hills needs to be amended to
assure that the subdivision grading standards are maintained at the lot development
stage, 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 published the specific proposed text amendments
to Chapter 5, Section 5.11 of the Zoning Ordinance of the Town of Fountain Hills
and published these proposed text changes in the official newspaper of general
circulation, The Times of Fountain Hills, on September 25, October 2, 9, and 16,
1996, and;
WHEREAS, Public hearings were advertised in the September 25, October 2, 9 and 16. 1996,
editions of The Times of Fountain Hills, pursuant to Arizona Revised Statutes §9-
462.04, and;
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WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission
on October 10, 1996 and by the Fountain Hills Town Council on October 17,
1996.
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, Section 5.11 of the Zoning Ordinance for the Town of Fountain
Hills shall be amended as follows:
CHAPTER 5
GENERAL PROVISIONS
5.11 Land Disturbance Standards
B. Grading Standards.
1. Grading permits. There shall be no clearing or grading on, or to, any site
other than soil tests (100 square feet maximum in size) prior to the
issuance of a zoning clearance and prior to the issuance of a clearing or
grading permit. Brushing (to remove grass, weeds and other undesirable
vegetation) which may present a potential fire hazard, requires no permit.
2. Grading of Unplatted Land. The area permitted to be disturbed on any
unplatted land is unlimited on terrain sloping less than fifteen percent
(15%). Disturbance on slopes equal to or exceeding fifteen percent (15%)
is limited to the percentage equivalent to the "lot coverage percentage"
prescribed in the zoning district.
3. Grading of Individual Platted Lots. In all residential zoning districts
the extent of disturbance on a lot shall be limited to tither of the
following: (Lots owned by utility companies which are regulated by the
Arizona Corporation Commission are exempt from the lots disturbance
limitations of this subsection).
(A) ON LOTS LOCATED IN SUBDIVISIONS WHERE APPLICATIONS WERE
MADE AND ACCEPTED BEFORE NOVEMBER 3, 1996:
(1) FOUR (4) TIMES THE SIZE OF THE FOOTPRINT OF THE HOUSE
OR BUILDING, (INCLUDING THE PAD FOR THE HOUSE OR
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BUILDING). FOOTPRINT MEANS THAT AREA OF THE HOUSE
OR BUILDING MEASURED FROM THE OUTSIDE WALLS
(EXCLUDING ANY OVERHANGING PORTIONS) WHICH
INCLUDES INDOOR USES SUCH AS ATTACHED GARAGE,
CARPORT, UTILITY ROOM, LAUNDRY, ETC. (INCLUDING
COVERED PATIOS AND BREEZEWAYS WHICH ARE AN
INTEGRAL PART OF THE ROOF STRUCTURE OF THE HOUSE OR
BUILDING). NOTWITHSTANDING THE ABOVE LIMITATIONS,
AT NO TIME SHALL ANY LOT OR PARCEL BE RESTRICTED TO
LESS THAN 12,000 SQUARE FEET OF DISTURBANCE, UNLESS
LIMITED BY THE SIZE OF THE LOT ITSELF. FURTHERMORE,
IF AFTER COMPUTING THE ALLOWED AREA OF DISTURBANCE
THE RESIDUAL AREA OF THE LOT OR PARCEL IS LESS THAN
6,000 SQUARE FEET, THEN THAT RESIDUAL MAY ALSO BE
INCLUDED IN THE ALLOWABLE AREA OF DISTURBANCE. A
TWENTY (20) FOOT WIDE BAN OF PRIMARY DRIVEWAY
ACCESS IS EXCLUDED FROM THE LAND DISTURBANCE AREA
LIMITATIONS; OR
(2) ALL OF THE AREAS WHICH HAVE A SLOPE OF LESS THAN
FIFI EEN PERCENT (15%) AND TO THE PERCENTAGE OF THE
AGGREGATE AREA WITH A SLOPE OF FIFTEEN PERCENT
(15%) OR GREATER THAT DOES NOT EXCEED THE MAXIMUM
Lir LOT COVERAGE ALLOWANCE AS PRESCRIBED IN THE
RESPECTIVE PRIMARY ZONING DISTRICT. A TWENTY (20)
FOOT WIDE BAN OF PRIMARY DRIVEWAY ACCESS IS
EXCLUDED FROM THE LAND DISTURBANCE AREA
LIMITATIONS. ALL GRADING AND/OR DISTURBANCE
AUTHORIZED BY THIS SUBSECTION IS CONSIDERED TO BE
CUMULATIVE AS OF SEPTEMBER 20, 1991.
(B) ON LOTS LOCATED IN SUBDIVISIONS WHERE APPLICATIONS WERE
MADE AND ACCEPTED AFTER NOVEMBER 3, 1996:
(1) WHEN THE SUBDIVIDER HAS GRANTED A HILLSIDE
PROTECTION EASEMENT(S) AND/OR HAS DONATED
UNDISTURBED HILLSIDE LAND ZONED OPEN SPACE
RECREATIONAL, TO THE TOWN OF FOUNTAIN HILLS OR TO
A TOWN APPROVED LAND PRESERVATION ORGANIZATION,
TO SATISFY THE HILLSIDE PROTECTION REQUIREMENTS OF
ARTICLE V OF THE SUBDIVISION ORDINANCE OF THE TOWN
OF FOUNTAIN HILLS, ALL AREAS OUTSIDE OF THE HILLSIDE
PROTECTION EASEMENTS AND/OR PRESERVATION LANDS
MAY BE DISTURBED; OR
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(2) WHEN NO PRESERVATION MEASURES HAVE TAKEN PLACE IN
(1110, THE PLATTING PROCESS, THE DISTURBANCE ALLOWANCE
SHALL BE IN ACCORDANCE WITH THE GRADING LIMITATION
OF ARTICLE V, SECTION 504.A. OF THE SUBDIVISION
ORDINANCE OF THE TOWN OF FOUNTAIN HILLS.
6. Grading for Utility Lines. With the exception of power lines capable of
carrying 69kv or more of voltage, utility lines shall be located
underground. UTILITIES LOCATED IN SUBDIVISIONS PLATTED AFTER
NOVEMBER 3, 1996, MUST BE LOCATED ONLY WITHIN ALLOWED
DISTURBANCE AREAS.
7. Road Grading. Grading for public or private roads
standards is subject to the CUT AND FILL LIMITATIONS OF THIS ORDINANCE.
These limitations may be waived by the Town Council.
8. Total Disturbance. All grading and/or disturbance performed subsequent
to September 20, 1991, or subdivision improvement grading (whichever
date is most recent) is considered to be cumulative under this ordinance.
C. Cut and Fill Standards.
3. Height of Unretained Cut or Fill. If the natural grade or the subdivision
finished grade if the property was platted or replatted after September 20,
1991, is less than a fifteen percent (15%) gradient, the maximum amount
of unretained fill or cut shall be four (4) feet above/below the natural
grade, or subdivision grade if platted after September 20, 1991. The
horizontal displacement of any fill or cut embankment shall be not more
than twelve (12) feet from the top of slope. Where the natural grade, or
the subdivision finished grade if the property was platted after September
20, 1991, has a gradient of fifteen percent (15%) or more, the maximum
amount of unretained fill or cut shall be six (6) feet above/below the
natural grade, or the subdivision finished grade if the property was platted
after September 20, 1991., and the horizonal displacement of any fill or cut
embankment shall be not more than eighteen (18) feet from the top of
slope. Any fill or cut grading in excess of these amounts must be
contained by retaining walls.
4. Limitations on Cut and Fill. THE HEIGHT OF ANY FILL OR THE DEPTH OF
ANY CUT AREA, AS MEASURED FROM THE NATURAL GRADE SHALL NOT BE
GREATER THAN TEN (10) FEET REGARDLESS OF WHETHER THE FILL OR CUT
IS RETAINED, UNRETAINED, OR A COMBINATION THEREOF. THE TOTAL
COMBINED HEIGHT OF ANY FILL OR THE DEPTH OF ANY CUT AREA AS A
RESULT OF SUBDIVISION IMPROVEMENT GRADING AND/OR ANY
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SUBSEQUENT GRADING, INCLUDING BUT NOT LIMITED TO GRADING
APPROVED AS A PART OF BUILDING PERMIT APPROVAL, SHALL NOT TOTAL
MORE THAN TEN (10) FEET, AS MEASURED FROM NATURAL GRADE. THESE
LIMITATIONS MAY BE WAIVED BY THE TOWN COUNCIL.
8. Restoration of Graded Surfaces.
a. Vegetation shall be reestablished on all exposed fill slopes, cut
slopes, and graded surfaces IN ACCORDANCE WITH THE STANDARDS
ESTABLISHED IN ARTICLE VI OF THE SUBDIVISION ORDINANCE OF
THE TOWN OF FOUNTAIN HILLS.by means of a mixture of grasses,
shrubs, trees or cacti to provide a basic ground cover which will
prevent erosion and permit natural revegetation. With the approval
of the Planning and Zoning Commission, and in lieu of the
reestablishment of vegetation, all exposed cut slopes shall be
riprapped with stone or chemically stain treated with material
which blend in with the natural setting. A third alternative, with
b. Revegetation plans must be submitted to and approved by the
Town of Fountain Hills prior to the issuance of a certificate of
eeea ey,er-oce cy of the-here-Ewicheveroe t*
closely as possible, their natural state. Indigenous plan materials
or low water usage shrubs, trees and grasses must be used, as well
dress the scarred area. An irrigation system, for the initial period
to reestablish the vegetation, which shall be carefully designed to
avoid overspray or runoff onto the natural arca, must also be
installed to maintain the revegetation until it has become
established.
be. Upon completion of construction, any natural arca disturbed by the
match the adjacent natural area. This revegetation process shall be
completed within 90 days of issuance of a certificate of occupancy
or occupancy of the premises, (whichever comes first), unless a
specific exemption is granted by the Community Development
Director. However, grading for drainage and erosion control
purposes shall be completed prior to final inspection.
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PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this seventeenth day of October, 1996.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
e044-43 /IL 11,
Jerr Miles ayor Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
//7 /4// ieti/A44;
Paul L. Nordin, Town Manager
g William E. Farrell, Town Attorney
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