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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 L