HomeMy WebLinkAboutOrd 2006-28 ORDINANCE NO. 06-28
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE CHAPTER 5, GENERAL PROVISIONS,
SUBSECTION 5.11(B)(12) DISTURBANCE BUFFERS, RELATING TO FEES
FOR IMPERMISSIBLE DISTURBANCE.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council") adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning
Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and
WHEREAS, the Town desires to amend the Zoning Ordinance to revise Chapter 5,
General Provisions, relating to fees for impermissible disturbance; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARiz. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the November 15, 2006
edition of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on November 30, 2006, and by the Town Council on December 21, 2006.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Zoning Ordinance, Chapter 5, General Provisions, subsection
5.11(B)(12), Disturbance Buffers, is hereby amended as follows:
b. If disturbance does take place within a non-disturbance area or within a hillside
protection 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 property owner and general contractor, either jointly or
severally:
o Provides the Town with a revised site plan prepared by an Arizona-
registered land surveyor that accurately depicts the area and size, in square
feet, of the disturbance into the non-disturbance area(s) or hillside
protection easement areas(s), and
o Provides the Town with revegetation and irrigation plans prepared by an
Arizona-registered landscape architect for the non-disturbance or hillside
protection easement area(s) disturbed, and
o Causes the non-disturbance area(s) or hillside protection easement area(s)
to be revegetated and irrigated according to the submitted and approved
revegetation and irrigation plans, and
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o Pays to the Town a fee, IN AN AMOUNT DETERMINED BY THE
TOWN MANAGER OR DESIGNEE, of five dollars ($5.00) per square
foot of disturbance that occurred within the non-disturbance areas or
hillside protection easements on the property.
SECTION 2. That if any provision or any portion of any provision of this Ordinance is
for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
December 21, 2006.
FOR THE TOW OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nic Is, Mayor Bevelyn J. n , Town Clerk
REVIEWED B • APPROVED AS TO FORM:
Timothy G. Pickering, Town ager Andrr J. McGuire,Town Attorney
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