HomeMy WebLinkAboutOrd 2010-01 ORDINANCE NO. 10-01
�✓ AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, RELATING TO THE ZONING AND
SUBDIVISION ORDINANCES OF THE TOWN OF FOUNTAIN HILLS,
ADOPTING "THE 2010 LAND DISTURBANCE AMENDMENTS TO THE
SUBDIVISION ORDINANCE OF THE TOWN OF FOUNTAIN HILLS" BY
REFERENCE; ADOPTING AMENDMENTS TO THE ZONING ORDINANCE
OF THE TOWN OF FOUNTAIN HILLS; AND PROVIDING PENALTIES FOR
VIOLATIONS.
WHEREAS, the currently-existing Town of Fountain Hills Subdivision Ordinance ("the
Subdivision Ordinance") and Town of Fountain Hills Zoning Ordinance (the "Zoning
Ordinance")contain provisions pertaining to land disturbance; and
WHEREAS, the land disturbance provisions in the Zoning Ordinance and the
Subdivision Ordinance,while substantially similar, are not identical; and
WHEREAS, the lack of complete uniformity between the land disturbance provisions in
the Zoning Ordinance and the Subdivision Ordinance sometimes leads to confusion for property
owners; and
WHEREAS, the Town of Fountain Hills desires to clarify and unify the provisions
relating to land disturbance into a single regulatory document, the Subdivision Ordinance, to
eliminate any confusion and to provide citizens with a clear statement of the land disturbance
provisions applicable to property in Fountain Hills.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HELLS as follows:
SECTION 1. That certain document known as "2010 Land Disturbance Amendments to
the Subdivision Ordinance of the Town of Fountain Hills," three copies of which are on file in
the office of the Town Clerk of the Town of Fountain Hills, Arizona, which document was made
a public record by Resolution No. 2010-06 of the Town of Fountain Hills, Arizona, is hereby
referred to, adopted and made a part hereof as if fully set out in this Ordinance.
SECTION 2. The Zoning Ordinance, Chapter 1, Introduction, Subsection 1.12,
definition of "Zoning Administrator" is hereby deleted in its entirety and is replaced with the
following definition:
Zoning Administrator: The person appointed by the Town Manager to be the Zoning
Administrator. If there is no such person designated by the Town Manager, the Town
Manager is the Zoning Administrator.
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SECTION 3. The Zoning Ordinance, Chapter 5, General Provisions, Subsection
5.09(A)(1), is hereby amended to delete the phrase "Section 5.11.E of this Chapter" and replace
it with the phrase"Section 5.06 of the Town of Fountain Hills Subdivision Ordinance."
SECTION 4. The Zoning Ordinance, Chapter 5, General Provisions, Subsection 5.11,
Land.Disturbance Standards, is hereby deleted in its entirety and is replaced with the following:
Section 5.11 Land Disturbance Standards
A. Incorporated by Reference: The grading standards, cut and fill standards,
drainage standards, retaining wall standards and height of structures at graded
sites standards shall be governed by the provisions set forth in Article V of the
Town of Fountain Hills Subdivision Ordinance, which are incorporated as if fully
set forth herein, and a violation of which shall also be deemed a violation of this
Section 5.11.
B. Procedural Regulations:
1. Plan of Development: Prior to the issuance of a zoning clearance, a plan of
development or grading plan shall be submitted to and approved by the
Town Engineering Department, and the Community Development
Department. The approval of the plan of development may include
reasonable additional requirements as to grading, cut and fill, slope
restoration, signs, vehicular ingress and egress, parking, lighting, setbacks ,
N1a)of buildings, etc., to the extent that the noted purpose and objectives of
this Chapter are maintained and ensured.
2. Application Requirements: In addition to the otherwise noted procedural
and information requirements of this provision, all applications for a
zoning clearance, subdivision approval, or grading plan approval shall
contain the following materials and information:
a. Site plan, prepared by an Arizona Registered Land Surveyor or
Arizona Registered Civil Engineer with the following information:
(1) A topographic survey at least ten (10) feet beyond the
exterior property line of the site.
(2) Contour interval not exceeding two (2) feet within twenty
(20) feet of any proposed improvement and five (5) foot
intervals for the remainder of the lot or parcel.
(3) Scale of the site plan shall be not less than One (1) inch
equals twenty (20) feet. For large-scale projects, the
Community Development Director may allow a different
scale.
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(4) If structures are proposed, show cross-sections through site
and building at twenty-five (25) foot intervals
perpendicular to slope, giving percentage of slope at each,
and showing exact heights of structures at each existing
contour.
(5) If structures are proposed, each floor level shall be shown
with different heading and with a legend giving grade or
elevation of each level.
(6) If a garage(s) is proposed, give proposed elevation or grade
at garage floor and at existing street level at drive entry.
Give percentage of total average slope, and percent and
length of single steepest portion of driveway.
(7) List the individual square footage of buildings, garages,
patios, footprint, disturbance area and, if applicable,pool.
(8) Shade all disturbed (or graded) areas and show the
proposed method of final treatment. Indicate all retaining
walls, showing the actual and allowable heights.
(9) Show how drainage is altered, and if so, how it is redirected
to original channel and show that the requirements
regarding storm water runoff and drainage have been met.
(10) Show location of all proposed utility lines.
(11) Give legal description, property dimensions and heading,
along with the name, address, and telephone number of
applicant.
b. Elevations, to be submitted if structures are proposed.
(1) Show all exterior building elevations, giving accurate
existing and proposed grades lines (Scale 1/4" - 1'0").
(2) Show total height of buildings and give height and square
footage of all retaining walls.
3. Special Use Permit: A special use permit shall be required for any person,
firm, or corporation to undertake clearing or any work regulated by the
International Building Code when not in accordance with a Plan of
Development as determined by the Community Development Director.
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SECTION 5. The Zoning Ordinance, Chapter 16, Lodging Zoning Districts, Subsection \41)
16.06, is hereby amended to correct the cross-reference therein from the incorrect reference to
"Section 504"to the proper reference to"Section 5.04,"to read as follows:
Section 16.06 Hillside Disturbances
Any land located within the L-1, L-2 and L-3 Zoning Districts shall be developed
according to the Hillside Disturbance regulations in Section 5.04 of The Town of
Fountain Hills Subdivision Ordinance. Any regulations contained within Chapter 5 of this
Ordinance that conflict with Section 5.04 of The Town of Fountain Hills Subdivision
Ordinance shall not apply.
SECTION 6. That any person found guilty of violating any provision of the "2010 Land
Disturbance Amendments to the Subdivision Ordinance of the Town of Fountain Hills" or the
amendments to the Zoning Ordinance of the Town of Fountain Hills as set forth in this
Ordinance (collectively, the "Land Disturbance Amendments") shall be guilty of a class one
misdemeanor. Each day that a violation continues shall be a separate offense punishable as
herein above described.
SECTION 7. That, if any section, subsection, sentence, clause, phrase or portion of this
Ordinance or the Land Disturbance Amendments is for any reason held to be 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 or the Land Disturbance
Amendments.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona,April 1, 2010..
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Schlum, Mayor Bevelyn J. B der, own Clerk
REVIEWED BY: AP OVED AS TO FORM:
bv Rich d L. Davis, Town Manager Andrew J. McGuire, Town.Attorney
Ng)
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THE 2010 LAND DISTURBANCE AMENDMENTS
TO
THE SUBDIVISION ORDINANCE
OF THE TOWN OF FOUNTAIN HILLS
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The following amendments are hereby made to the Subdivision Ordinance of the Town
of Fountain Hills(the"Subdivision Ordinance"):
Amendment 1. The Subdivision Ordinance, Article 1, Title, Purpose and Definitions,
Section 1.03,is hereby amended by adding the following new definitions:
Chief Building Official: The person appointed by the Town Manager to be the Chief
Building Official. If there is no such person designated by the Town Manager,the Town
Manager is the Chief Building Official.
Fire Marshall: The person appointed by the Town Manager to be the Fire Marshall. If
there is no such person designated by the Town Manager, the Town Manager is the Fire
Marshall.
Zoning Administrator: The person appointed by the Town Manager to be the Zoning
Administrator. If there is no such person designated by the Town Manager, the Town
Manager is the Zoning Administrator.
Amendment 2. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.01,
is hereby deleted in its entirety and replaced with the following:
Section 5.01 Land Disturbance Standards Purpose and Intent
The principal purpose of these Land Disturbance Standards is to allow the reasonable use
and development of land while promoting the public health, safety, convenience and
general welfare of the citizens of the Town. These standards are to help maintain the
character, identity, and image of the Town. The primary objectives of the Land
Disturbance Standards are: to minimize the possible loss of life and property through the
careful regulation of development; to protect watershed, natural waterways; to ensure
that all new development is free from adverse drainage conditions; to protect against soil
erosion; to minimize land disturbance and encourage preservation of the natural
character and aesthetic value of the desert within the Town and preserve the general
visual character of graded sites by allowing the flexibility necessary to produce unique,
environmentally sensitive projects; and to provide for the protection of the existing
landscape by encouraging retention of natural topographic features, native vegetation,
and wildlife habitat.
To meet these objectives, it is necessary during planning and implementation of grading
activities to give consideration to the following: conservation of the natural
environmental function of the site; compatibility with the surrounding land; stabilization
of hillsides, slopes, or other areas subject to erosion or mass movement; and the
preservation of the natural capacity of drainage courses and protection of natural
drainage ways.
It is the intent of these requirements to provide specific land disturbance standards for
the development of land within the Town. Standard Town requirements for subdivision
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,, design, storm water retention and detention, rights-of-way, pavement widths and street
design shall apply, except where alternatives may be permitted to maintain the natural
desert character of the area.
Amendment 3. That the Subdivision Ordinance, Article 5, Grading Standards, Section
5.02,be deleted in its entirety and replaced with the following:
Section 5.02 Subdivision Grading Standards
A. Grading Permits. Prior to the issuance of a zoning clearance or a grading
permit, no person shall cause or permit any clearing or grading on, or to, any site
other than soil tests conducted on a parcel of land 100 square feet maximum in
size. Any brushing, clearing, or grading in all zoning districts, on any vacant lots,
or on developed lots in non-disturbance areas as set forth in this Article or
Hillside Protection Easements, shall require a grading permit and shall be
preapproved by the Fire Marshal or authorized representative. In no case shall any
brushing, clearing, or grading extend further than a defensible space which shall
• be defined as, and shall be limited to,a band of land measured horizontally up to a
maximum of 30 feet from any structure. Any cacti, shrub or plant in the
defensible space shall not be removed unless identified as dead by the Fire
Marshal.
Dead trees in the defensible space shall be removed. Live vegetation beneath
trees within the defensible space shall not be removed, but should be maintained
at a height that will deter its functioning as a "ladder" for fire to travel from the
ground vegetation into the tree crown. Live vegetation within the defensible space
shall have all dead material removed and should be thinned and pruned to reduce
fire intensity and rate of spread. Owners of vacant lots shall provide a defensible
space from an adjoining property owner's structure per written recommendations
determined from an on-site inspection from the Fire Marshall or authorized
designee. Any clearing for a defensible space that extends into a non-disturbance
area or into a Hillside Protection Easement area is prohibited without prior written
authorization from the Fire Marshal or authorized designee after an on-site
inspection of the area. Any clearing of a vacant lot is prohibited unless the
clearing is for a defensible space to an adjoining structure as outlined previously
in this subsection. Elimination of wildlife habitat for protected species is
prohibited. A person found guilty of violating the provisions of this Subsection
5.02.A shall be subject to the penalties established in Subsection 5.02.B.11.d of
this Article.
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B. Grading Standards.
1. Grading of Non Single-Family and Non-Duplex Zoned Platted Land
that is Located in Plats Where Applications Were Made and Accepted
Prior to November 3, 1996: On platted land where the plat application
was made and accepted by the Town or Maricopa County before
November 3, 1996 the area permitted to be disturbed on any non single-
family and non-duplex zoned platted land is unlimited on terrain sloping
less than 15%. Disturbance on slopes equal to or exceeding 15% is limited
to the percentage equivalent to the "lot coverage percentage" prescribed in
the applicable zoning district.
2. Grading of Single-Family Residential and Duplex Zoned Platted
Land that is Located in Plats Where Applications Were Made and
Accepted Prior to November 3, 1996: In all single-family and duplex
Residential Zoning Districts the extent of disturbance on platted land
where the plat application was made and accepted by the Town or
Maricopa County before November 3, 1996, shall be limited to the
following (lots used for governmental purposes and owned by utility
companies that are regulated by the Arizona Corporation Commission and
owned by other political subdivisions of the State are exempt from the lot
disturbance limitations of this subsection):
a. Four times the size of the footprint of the house or building,
(including the pad for the house or 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). A 20 foot wide
band of primary driveway access is excluded from the land
disturbance area limitations. If a residual area remains after
computing the allowed area of disturbance of a lot or parcel, and
any of the following conditions apply, the Community
Development Director or designee, may allow the property owner
to disturb all or a portion of residual area:
1. The residual area of the lot or parcel was previously
permitted to be disturbed during subdivision construction.
2. There are no significant areas of native vegetation to be
preserved.
3. There are no rock outcrops, significant topographic
features or significant native vegetation to be preserved.
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4. All adjacent property owners were permitted to disturb
property adjacent to the residual area.
There shall be no waiver by the Community Development Director
or designee, for disturbance of residual area that:
1. Contains rock outcrops, significant topographical features,
significant native vegetation,or;
2. Abuts land dedicated in any form as non-disturbance or
open space, such as wash parcels, native open space tracts,
Hillside Protection Easement(s), or other non-disturbance
areas on privately owned land, etc.
b. All of the areas which have a slope of less than 15% and to the
percentage of the aggregate area with a slope of 15%or greater that
does not exceed the maximum lot coverage allowance as
prescribed in the respective primary zoning district. A 20 foot wide
band of primary driveway access is excluded from the land
disturbance area limitations. All grading and/or disturbance
authorized by this subsection are considered to be cumulative as of
September 20, 1991.
C,,,, 3. Grading of All Platted Land, Regardless of the Base Zoning District,
that is Located in Plats Where Applications Were Made and
Accepted by the Town After November 3, 1996:
a. The area permitted to be disturbed for a subdivision is unlimited
on terrain sloping less than 10%. The area permitted to be
disturbed on slopes equal to or exceeding 10% is set forth in
Subsection 5.04.A of this Article.
b. The extent of disturbance shall be limited to:
1. When the subdivider has granted a Hillside Protection
Easement(s) and/or has donated undisturbed hillside land
to the Town or to a Town-approved land preservation
organization to satisfy the hillside protection requirements
of this Ordinance, all areas outside of the Hillside
Protection Easement(s) and/or preservation lands may be
disturbed;or
2. When no preservation measures have taken place in the
platting process, the disturbance allowance shall be in
accordance with the grading limitations of Subsection
5.04.A of this Article.
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4. Grading of All Un-platted Land, Regardless of the Base Zoning
District: The area permitted to be disturbed for all un-platted land is
unlimited on terrain sloping less than 10%. The area permitted to be
disturbed on slopes equal to or exceeding 10% is set forth in Subsection
5.04.A of this Article.
5. Grading for Non-Residential Structures: The limitations on grading
area for non-residential structures in residential zoning districts as
specified in Subsections 5.02.B.2 through 5.02.B.4 of this Article, may be
waived by the Town Council.
6. Grading for Parks and Golf Courses: The limitations on disturbance as
specified in this Article (including area of disturbance as well as height
and retention of cut and fill) may be waived by the Town Council for the
development of a park, a golf course, trails or other recreational
development that does not entail a building or buildings as the primary
purpose of the development.
7. Grading for Utility Lines: Utility lines, including water and sewer lines
and laterals, must be placed within the allowed disturbance area and all
disturbed lands shall be restored to the original grade and re-vegetated
with vegetation indigenous to the site. 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 within allowed disturbance areas as outlined in
Subsection 504.B.1.b of this Article. Lots or parcels owned by utility
companies which are regulated by the Arizona Corporation Commission
are only exempted from the hillside disturbance regulations of this
Ordinance if the development of the lot or parcel is solely for utility-
related uses.
8. Road Grading: Grading for roads is subject to the cut and fill limitations
of this Article.These limitations may be waived by the Town Council.
9. Total Disturbance: All grading, including subdivision improvement
grading, and/or disturbance performed subsequent to September 20, 1991
is considered to be cumulative under this Article.
10. 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 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 shall be located outside of the
surveyor's staked area. Appropriate warning signs in English and Spanish
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shall also be posted at least every 100 linear feet on the required fencing.
The Chief Building Official, or his/her designee(s), shall inspect the
fence, signage, and surveyor's staking to insure its proper location and
construction prior to the issuance of the building/grading permit for the
site. Such fencing 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 Community Development
Director or 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.
11. Disturbance Buffers:
a. It is recommended that all proposed non-disturbance areas or
Hillside Protection Easements be located not closer than:
1. Eight feet from any building.
2. Five feet from the outside face of any retaining wall where
the retaining wall is supporting a fill slope.
3. One foot from the "day lighted" top of a maximum one to
one cut slope, the toe of such slope beginning at the bottom
of the outside edge of the footing for any retaining wall
where the retaining wall is supporting a cut slope.
4. Three feet from the outside face of any other wall or fence
or the edge of any fill grading.
5. One foot from the edge of any cut grading.
6. Ten feet from any sewer lateral, or five feet from the edge
of any utility line trench, whichever is greater.
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 the property owner's authorized
representatives, either jointly or severally does all of the
following:
1. 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
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non-disturbance area(s) or Hillside Protection Easement
�r area(s).
2. Provides the Town with re-vegetation and irrigation plans
prepared by an Arizona-registered landscape architect for
the non-disturbance or Hillside Protection Easement
area(s)disturbed.
3. Causes the non-disturbance area(s) or Hillside Protection
Easement Area(s) to be re-vegetated and irrigated
according to the submitted and approved re-vegetation and
irrigation plans.
4. Pays to the Town a fee, in an amount determined by the
Town Manager or designee, per square foot of disturbance
that occurred within the non-disturbance areas or Hillside
Protection Easements on the property.
12. Columbaria Disturbance Exemptions by Special Use Permit: The
development of columbaria, including any accompanying features such as
walkways, may be exempted from the regulations of this Subsection 5.02.B
by Special Use Permit pursuant to Section 2.02 of the Town Zoning
Ordinance if all of the following conditions exist:
a. The columbaria is an accessory use to a church.
b. The columbaria and any accompanying features shall be designed
to minimally alter the existing topography and vegetation.
c. The columbaria and any accompanying features shall be designed
so that any Natural Features are not disturbed.
d. The building area of the columbaria shall not exceed 10% of the
total building area of the church buildings.
e. A landscape plan prepared and stamped by an Arizona-registered
landscaping architect, which plan meets the applicable landscaping
regulations of Article VI, Section 6.05 of this Ordinance, is
submitted and approved by the Community Development Director
or designee.
13. Pad Elevation and Building Location Certifications: Prior to the
approval of any building stem wall inspection or a pre-slab inspection,
whichever occurs first, the property owner or his/her designee shall
provide the Town with a certification statement that is prepared, stamped
and signed by an Arizona-registered land surveyor, that certifies the
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finished floor elevation(s) and the horizontal location of the building. Pad
elevations and building locations must be accurate to 1/10th of a foot as
compared to the approved site plan or an amended site plan. The
requirements in this subsection may be waived at the discretion of the
Town Engineer.
14. Stabilization of Slopes: Slope stabilization is required as set forth in the
International Building Code,Chapter 18 and Appendix J.
15. Pre-Grading: A grading or building permit shall not be conditioned on
altering, modifying or not utilizing existing grading, if the existing
grading work was completed in conformance with valid permits, and does
not present a threat or danger to the proposed development or neighboring
properties. This provision does not prevent the Town Engineer from
requiring necessary documentation of site suitability to assure soil
stability, compaction, and other geotechnical purposes.
16. Restoration of Graded Surfaces:
a. Vegetation shall be reestablished on all exposed fill slopes, cut
slopes, utility lines, driveway(s), and graded surfaces, except for
cosmetic landscaping abutting buildings in accordance with the
standards established in Article VI of this Ordinance. Newly
exposed rock faces shall be stained.
b. This re-vegetation process shall be completed prior to the final
approval by the Community Development Director or designee,
unless a specific exemption is granted by the Community
Development Director or designee. Grading and other
improvements for drainage and erosion control purposes shall also
be completed and re-vegetated/landscaped prior to final
inspection.
17. Dust Control: During all grading, and until re-vegetation or site
restoration is completed, dust should be minimized by application of
approved dust control methods.
Amendment 4. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.03,
is hereby deleted in its entirety and replaced with the following:
Section 5.03 Cut and Fill Standards
A. Importation of Fill Material. Except as exempted in the adopted International
Building Code, the importation of fill material to a subdivision is prohibited
unless a grading permit allowing such fill is first secured.
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B. Exportation of Excavated Material. Prior to the exportation of any material
from a site, a proper location for such material must be identified in order to
secure a grading permit to remove such material. The material shall only be
exported to an approved site, as shown on the approved grading plans. Alternate
receiving sites for exported material shall only be utilized if the grading plan is
resubmitted to the Town and the amended grading plan is approved.
C. Height of Un-retained Cut or Fill. If the natural grade or the subdivision
finished grade if the property was subdivided or re-subdivided after September
20, 1991, is less than a 15%gradient, the maximum amount of un-retained fill or
cut shall be 4 feet above/below the natural grade, or subdivision grade. Where
the natural grade or the subdivision finished grade if the property was subdivided
or re-subdivided after September 20, 1991 has a gradient of 15% or more, the
maximum amount of un-retained fill or cut shall be 6 feet above/below the
natural grade or the subdivision finished grade. Any fill or cut grading in excess
of these amounts must be contained by retaining walls.
D. Limitations on Cut and Fill. Except as provided in Subsection 5.03.E below,
the height of any fill or the depth of any cut area, including grading for the
construction of public or private streets, as measured from natural grade, shall
not be greater than ten feet regardless of whether the fill or cut is retained, un-
retained, or a combination thereof. Except as provided in Subsections 5.03.E
and 5.03.F below, the total combined height of any fill or the depth of any cut
area as a result of subdivision improvement grading and/or any subsequent
grading, including but not limited to grading approved as a part of building
permit approval, shall not total more than ten feet, as measured from natural
grade, unless otherwise provided in this Article. These limitations on cut and fill
apply to all zoning districts. These limitations may be waived by the Town
Council and in the case of unexposed basement cuts, may be approved by the
Zoning Administrator as provided in Subsection 5.03.F below.
E. Additional Limitations on Cut and Fill. In addition to the foregoing, in
Single-Family Residential Zoning Districts, an area not to exceed 5% of the
footprint of the main structure on the lot will be exempt from cut and fill
limitations if the exempted area is completely concealed beneath the footprint of
the main structure and as otherwise permitted in this section. The footprint shall
be defined as any portion of the main structure under roof. All separate small
areas beneath the main structure shall be aggregated into one computation not to
exceed the 5% exemption. Any exterior wall or retaining wall adjacent to the
exempted cut or fill area shall conform to the height limitation of the zoning
district. No exemption from the maximum ten foot limitation will be allowed in
any zoning district for cut or fill areas located in any setback, yard or non-
disturbance area,and no exemption can be used to obtain greater building or wall
height than allowed in the zoning district. No exemptions from the maximum ten
foot limitation shall be allowed for accessory structures or guesthouse structures.
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No grading for cut or fill shall alter the natural drainage pattern and water
volume exiting the property as determined and approved by the Town Engineer.
F. Unexposed Basement Cuts. The Zoning Administrator may approve
unexposed basement cuts exceeding the maximum ten foot depth if all of the
following criteria are met:
1. The building site shall not be graded so as to create a flat, visible pad
surrounding the main residential structure.
2. All portions of the cut in excess of ten feet shall be completely concealed
from view and retained by building walls, or retaining walls in the case of
light wells.
3. Natural grade shall be reestablished in accordance with the "Building
Height"definition of Section 1.12 of the Town Zoning Ordinance.
4. The total depth of cut shall not exceed 24 feet at any point (refer to detail
below).
GRAPHIC DETAIL
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G. Maximum Slope of Fill Grading. Any un-retained fill slope, if allowed, shall
have a minimum three feet horizontal to every one foot vertical fill. The
maximum slope of fill grading for roadway construction shall be at the discretion
of the Town Engineer.
H. Maximum Slope of Cut Grading. Maximum steepness of exposed cut slopes is
dependent on the stability of the material excavated, and shall be as prescribed
by the Town Engineer. However, exposed cut slopes adjacent to side and rear
property lines may be no steeper than three feet horizontal for every one foot
vertical.
Blending of Fill Grading. Fill grading shall have an irregular and contoured
edge that blends into the natural surrounding terrain.
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r Amendment 5. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.04,
is hereby deleted in its entirety and replaced with the following:
Section 5.04 Hillside Disturbance
A. Purpose; Methodology. The purpose of these hillside regulations is to limit the
amount of hillside disturbance within each subdivision. The amount of hillside
area that may be disturbed shall be based on the severity of the slope. Hillside
areas shall mean any area having slopes equal to or greater than 10%, as measured
from a topographical contour map prepared and stamped by an Arizona-registered
land surveyor. The Town requires the submission of topographic contour maps
having contour intervals not greater than two feet and at a scale not smaller than
1" = 20' for sites less than 10 acres. Sites 10 to 100 acres may utilize contour
intervals not greater than five feet at a scale not smaller than 1" =50'. Sites over
100 acres may utilize contour intervals not greater than five feet at a scale not
smaller than 1" = 100'. Individual non-contiguous areas of hillside or non-hillside
that are less than 500 square feet that are located within larger areas non-hillside
or hillside, respectively, may be included with the larger area of non-hillside or
hillside that surrounds it. Whether a subdivider chooses the Lot-by-Lot Hillside
Protection Option or the Hillside Transfer and Protection Option as set forth in
Subsections 5.04.G.1 and 5.04.G.2, respectively, the actual square footage of
disturbance permitted within one slope interval may be transferred into areas
having lesser degree of slope. The percent of slope shall be determined by the
spacing between the contours lines as shown on the preliminary plat. Following
are the land disturbance allowance of slope interval areas of 500 square feet or
more:
Percent of Slope Preservation Requirement(%) Disturbance Allowance(%
<10 0 100
10-<20 70 30
20-<30 80 20
30 and more 90 10
B. Exemptions; Calculations. Except as otherwise specifically provided for in this
Ordinance, there are no exempted disturbance activities. When permitted,
exempted disturbance activities shall be subtracted from the gross area of the
subdivision, and the required "Preservation Requirement" and "Disturbance
Allowance" areas, as noted above in Subsection 5.04.A, shall be calculated from
the net area of the subdivision (that area remaining after the area(s) of exempted
disturbance have been subtracted from the gross area of the subdivision).
1. Limited Exemptions: The following disturbance activities are exempted
only from horizontal Hillside Disturbance Regulations contained in this
Section 5.04.
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1125943.4
12
a. Disturbance within street rights-of-way, tracts of land for private
roads meeting public road standards, and any roadway grading
required by the Town Engineer outside of street rights-of-way or
tracts for private roads meeting public road standards.
b. Utility lines, or any other public improvement activities needed
for the development of utility lines and associated equipment,
outside of any disturbance caused by other development activities,
either pre-existing or current, may be exempted from the
requirements of this Section upon administrative review by the
Community Development Director or designee and approval of a
"Utility Disturbance Permit" by the Town Council. Utility
Disturbance Permits shall only be issued in conformance with the
following conditions:
1. The Community Development Director or designee shall
find that the proposed disturbance is necessary.
2. The Community Development Director or designee shall
approve a re-vegetation and landscaping plan which shall
be completed within a specified time frame and made a
condition of the Utility Disturbance Permit.
3. The Community Development Director or designee shall
determine the method, if any, of covering open trenches
during non-working hours.
4. The Community Development Director or designee shall
specify the expiration date of the Utility Disturbance
Permit.
5. Utility Disturbance Permits are project-specific and
property-specific and are non-transferable.
6. The Community Development Director or designee may, at
his sole discretion, include any other reasonable condition
he feels is necessary to ensure public safety and
convenience.
7. Any violations of the conditions of a Utility Disturbance
Permit shall render the permit void.
2. Specified Non-exempt Activities: The following disturbance activities
are specifically not exempted from the Hillside Disturbance Regulations
contained in this Section 5.04:
1125943.4 13
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a. Disturbance activities for the development of any effluent
watering field or any lake or pond intended for the storage of
treated effluent, or any service and/or access road or any above-
or below-ground pipeline or utility lines, whether or not the
development of such fields, ponds, lakes, service/access roads,
pipelines or utility lines have been mandated or suggested by
another governmental agency or Court.
b. Any "utility" disturbance, other than for a utility line and
associated equipment as described above in Subsection
5.04.B.I.b.
3. In addition to the detailed information that is required to be provided to
the Town to ensure compliance with this Article, as noted in Subsection
2.03.D.9 of this Ordinance, the property owner may submit to the Town
an alternative method of calculating the "Preservation Requirement" and
the "Disturbance Allowance" as set forth in Subsection 5.04.A. The
Town Council may approve this alternative method of calculating the
"Preservation Requirement" and the "Disturbance Allowance" at the time
of preliminary plat consideration.
C. Previously Disturbed Areas. Any previously-disturbed hillside areas within a
proposed subdivision, including but not limited to disturbance for purposes as
described in Subsection 6.06.0 of this Ordinance, shall be counted toward the
total amount of hillside disturbance within the subdivision and shall not be
accepted by the Town as undisturbed hillside areas. If an applicant desires to
salvage landscape materials for re-vegetation purposes prior to Final Plat
approval, the applicant may do so at the risk of non-compliance with this
Ordinance and denial of the Final Plat.
D. DeterminatIon of Natural Grade. The topography of land within the Town as
of September 20, 1991 is considered to be natural grade by this Ordinance.
Grading and/or other disturbance activities conducted since September 20, 1991
shall not be exempted from the hillside disturbance regulations of this Ordinance
and cumulative hillside disturbance shall be offset at the time of subdivision
approval pursuant to the regulations of this Section 5.04.
E. Disturbance Buffers and Fencing.
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 a chain-link
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
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1125943.4
14
fenced area. However,the Community Development 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 Director or
designee. The fencing may be removed only after the completion of all
construction activity on the lot.
2. No-Fencing: Where the Department determines, in its sole discretion,
that fencing as required by Subsection 5.04.E.1 would be impracticable,
the Department may waive the fencing requirements of Subsection
5.04.E.1, and in such case, the area to be disturbed shall include a
perimeter area of not less than 20 feet in width around all buildings in a
multi-family development and 10 feet in width around all other
construction or grading activities. The proposed disturbance perimeter, as
shown on the approved set of grading plans, shall be iron-staked by an
Arizona-registered land surveyor or Arizona-registered civil engineer,
roped, and warning signs posted prior to any disturbance activity on the
lot or parcel. This staking, roping and warning signage shall be inspected
by the Town Engineer prior to any disturbance activity on the lot or
parcel. The staking, roping and warning signage shall be maintained in
the same location during all subdivision construction activities, and shall
not be removed until final approval has been given by the Town, and in
the case of the construction of a multi-family development,until the Town
has issued a Certificate of Occupancy.
F. Utility Disturbance. Disturbance activities for utility line (including but not
limited to water and sewer mains and laterals) installation shall include an area
on center with the utility line at a width (may vary) necessary for such utility
work. No disturbance activities are permitted outside of the area indicated to be
disturbed.
G. Subdivider Options. In order to comply with the Hillside Disturbance
Regulations of this Section 5.04, the subdivider of a subdivision wherein future
disturbance activities will take place can choose either of the following two
options:
1. Lot-by-Lot Hillside Protection Option: If the subdivider does not desire
to utilize the Hillside Transfer and Protection Option set forth in
Subsection 5.04.G.2 below to comply with the regulations of this Section
5.04, and no hillside protection measures are proposed (other than those
measures required in Subsection 5.04.0 above) in the platting process for
the undisturbed, yet developable lots or parcels within the subdivision,
each lot or parcel shall be required to individually meet the land
disturbance requirements in this Article.
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1125943.4 15
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Ikaw 2. Hillside Transfer and Protection Option:
a. If the subdivider chooses to transfer allowable hillside disturbance
from undisturbed hillside areas to lots, parcels, tracts or rights-of-
way in a subdivision, the subdivider may do so by identifying an
area acceptable to the Town and granting to the Town a Hillside
Protection Easement(s). If the Hillside Transfer and Protection
Option is utilized, all areas located outside of the Hillside
Protection Easement(s) within the subdivision may be disturbed
through the subdivision improvement process and/or through
future development activity.
b. If the Hillside Transfer and Protection Option is chosen by the
subdivider to preserve the required amount of hillside areas within
the subdivision,the following regulations shall apply:
1. If a subdivision is located in two or more zoning districts,
the amount of hillside slopes required to be preserved
within each zoning district shall be calculated separately.
2. The total amount of required undisturbed hillside areas for
the subdivision can be preserved anywhere within the
subdivision. Hillside Protection Easements can be placed
on lots intended to be developed, instead of, or in addition
to, tracts of land within the subdivision boundaries. In
some Town-approved instances, hillside areas may be
preserved outside of the subdivision boundaries.
3. The following Hillside Protection Easement text shall be
used for easements intended to meet the intent of this
Section 5.04:
Owner hereby grants to the Town of Fountain Hills a perpetual easement upon,
across, over and under all those areas designated as "Hillside Protection
Easement"for the purpose of preserving the natural topography and vegetation of
land area within the Final Plat of(Subdivision Name) in conformance with the
Article V of the Town of Fountain Hills Subdivision Regulations. The owner or
any of his heirs, successors, or assigns shall not perform nor allow to be
performed, any construction; or cutting,filling, grading to the Topography; nor
any grubbing, brushing, removal, or otherwise damage any vegetation, rock
outcropping, or other natural feature in the Hillside Protection Easement area
without prior Town Council approval. A trail way may be a permitted use if
approved by the Town Council.
1125943.4
16
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J
J
Lw
H. Enforcement; Remediation. In the case of
o distu bancei ractivities
or designee violation
the
of
this Ordinance, the Community De p
authority to enforce these regulations, including but not limited to, the authority
to require the immediate chain-link fencing of all disturbance perimeters, the
authority to require the immediate re-vegetation of any illegally-disturbed areas
and/or the authority to issue project-wide stop work orders. Furthermore,
disturbance activities in violation of this Ordinance are violations of the Fountain
Hills Town Code, and are subject to Article 1-8 PENALTY, Subsection A of
the Town Code, as amended.
ILLUSTRATION OF PRESERVATION REQUIREMENT
The following is an illustration of the correct method to calculate the"Preservation
Requirement" and "Disturbance Allowance" for Happy Acres, a fictional, 100-
acre subdivision, having 25 acres in each percentage slope band, with 10 acres
"exempted" for roadway construction. The ten acres of "exempted" disturbance
activities are allocated evenly across the four percentage slope bands. The
following table provides the only acceptable methodology to calculate
"Preservation Requirement" and "Disturbance Allowance" under the Hillside
Transfer and Protection Option, as described in Subsections 5.04.A and 5.04.G.2
above:
HAPPY ACRES SUBDIVISION
Notes: 10-10% 110-20% 20-30%130%+:Total i
A Total Land Area(In Acres) 125.00 125.00 125.00 125.00 1100.00.
B lExempt Areas (In Acres) 12.50 12.50 12.50 12.50 110.00
C 1Residual (Net)Total 122.50 122.50 122.50 122.50 190.00
D DDisturbance Allowance % 1100.00130.00 120.00 110.00 I--
12250 16.75 4.50 12.25 !36.00
Maximum Disturbancej
Allowance in Acres _
F 'Preservation Requirement % EO 170.00 180.00 190.00 1--
1° 115.7518.0020.25 154.00
�
H iProposed Disturbance in Acres j15.00 fro 14.00 14,00 130.00
I Excess(Short) 1N/A 1(0.25) 10.50 1(1.75)1-- —
N/A 10 l--
10.25 1(0.25)
JInternal Hillside Transfers ,
K Required Size of Outside Sending IN/A 10 10 117.51--
rea I 1 '
Cr
l 125943.4 17
Explanation of Notes for Happy Acres Illustration:
A. The total gross subdivision size for the Happy Acres Subdivision is 100 acres.
B. The total"exempt"areas for the subdivision total 10.0 acres.
C. Residual or"net"areas in the subdivision are derived by subtracting"Exempt Areas"from
"Total Land Area", in each slope category. These net totals, in each slope category, are used to
calculate Maximum Disturbance Allowance and Minimum Preservation Requirement in each slope
category.
D. The maximum disturbance percentage in each slope category.
E. Derived by multiplying"Residual(Net)Total"by"Disturbance Allowance"percentage.
F. The minimum percentage preservation requirement in each slope category.
G. Derived by multiplying"Residual(Net)Total"by"Preservation Requirement"percentage.
H. The developer of the Happy Acres Subdivision proposes to disturb, through the
development of the subdivision, an amount of non-"exempted" land in each slope category, in an
amount noted on the table.
I. Derived by subtracting "Proposed Disturbance in Acres" from "Maximum Disturbance
Allowance in Acres." A (Short) in this row indicates that the proposed subdivision will disturb
more land in that slope category than is permitted. Excess may only be transferred from a steeper
slope category. In this case the subdivider can transfer an excess in the 20-30%slope category to
compensate for the shortage in the 10-20%slope category. In the case of the"short"in the 30%+
slope category, the subdivider may either reduce the amount of disturbed land in that slope
category or seek Town Council approval of a hillside transfer from outside the subdivision.
J. If the subdivider chooses the Hillside Transfer and Protection Option, hillside transfers
from a steeper slope category to a lessor slope category are permitted within the subdivision. In
this illustration, the subdivider has transferred .25 acres of the .5 acre excess in the 20-30%slope
category to compensate for the .25 acres of non-permitted disturbance in the 10-20% slope
category.
K. Derived by dividing any (short) acreage, after any internal hillside transfers, by the
Disturbance Allowance percentage. If the subdivider did not desire to preserve the required
amount of land in that slope category within the subdivision,and the Town Council approved of a
hillside transfer from outside of the subdivision, this is the amount of land within that slope
category,or a steeper slope category, that would need to be preserved within the "outside sending
area" or the area outside of the subdivision from which the hillside transfer was originating. The
required ratio for transfers from an outside area is 10:1 (the amount of outside area preserved must
be ten times the size of the area within the subdivision).
I125943.4
18
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Amendment 6. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.05,
is hereby deleted in its entirety and replaced with the following:
Section 5.05 Washes/Drainage
A. Maintenance of Continuity. The entrance and exit points and continuity of all
natural drainage channels on a lot or parcel shall be preserved. Ponding of water
shall not be permitted above cut or fill slopes. Building sites must be designed to
carry surface waters away from buildings and away from or through retaining
walls.
B. Swale Grading. The minimum amount
of swale rading necessary for s of Subsection 5.02.B.16.drainage
purposes is not subject to the restoration procedure
C. Character. Retained washes and new drainage channels shall be given a
"natural" desert character where possible in accordance with the Town's
engineering requirements. Requirements may include landscaping with rock and
native plant materials, and preservation of existing natural features (see Exhibit
26).
D. Detention Basins. Storm water detention basins with natural materials are
encouraged subject to the conditions and locations as approved by the Town
Engineer.
E. Detention Basin Re-vegetation/Aesthetics. Storm water detention basins shall
be re-vegetated with existing vegetation and native plant materials where
appropriate in accordance with the approved landscape plan. Terracing, berming
and contouring will be encouraged to naturalize and enhance the aesthetics of the
basin and to blend with the surrounding terrain.
F. Basin Construction. Basins shall be designed to allow for the creation of
peninsulas, more "natural" contouring, and the placement of boulders and rock
outcroppings (See Exhibit 27).
G. Basin Slopes. Basin slopes shall not exceed a three to one (horizontal to vertical)
slope adjacent to public streets. Remaining slopes shall also not exceed a three to
one slope. Deviations may be approved by the Town Engineer if the lesser slope
creates excessive grading of the existing desert environment(See Exhibit 27).
H. Native Materials. The use of native materials in the construction of headwalls,
flow retardant structures and devices, culverts and drainage channel bottoms is
encouraged(See Exhibits 28 and 29).
I. Erosion Prevention. Erosion controls should be constructed and maintained to
prevent erosion of all slopes and graded areas. Surface drainage interceptors may
be provided at the top of all cut and fill slopes where surface runoff will create
1125943.4 14
(10.10 erosion problems. Sub-surface drainage facilities may be required for stability
and protection of affected areas due to ground water seepage. Erosion protection
of drainage swales will be encouraged through the use of native rocks and native
plant materials. Where runoff velocities necessitate additional erosion protection,
the use of integral colored gunite or alternative material may be approved by the
Town Council with a recommendation by the Town Engineer and Community
Development Director or designee.
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1125943.4
20
Exhibit 26. .. . .
- • •• . • .
NATURAL DESERT CHARACTER
FOR DRAINAGE CHANNELS •
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1125943.4 21
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Exhibit 27
BASIN CONSTRUCTION AND SLOPES
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1125943.4
22
Lio Exhibit 28
DRAINAGEWAY CROSSING
CULVERT AND DIP SECTION
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CULVERT TO CARRY, ' '/ .' f• • *., • SEGIIONS FOR LARGt:R
t0 YE trERESI./ •ICY STORM. '.,`• •/' �/ '' ▪ STORMS WITH APPROVAL:')
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CULVERT• FOR'LOW.•• -r ' ••� .+' '� Y HELD IN PLACE
FLOWS ON LOCAL. OARS POSSIBLE, a�- �l _:. "r�1�, 'ram► NENTL
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1125943.4 23
• -
(ib•• Exhibit 29
MULTIPLE CULVERTS
FOR LARGER DRAINAGEWAYS
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1125943.4
24
(1169 Amendment 7. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.06,
is hereby deleted in its entirety and replaced with the following:
Section 5.06 Retaining Walls.
A. Measurement of Height. The height of a retaining wall is measured from the
low side of the natural grade, or the subdivision finished grade if the property
was subdivided or re-subdivided after September 20, 1991, to the top of the wall,
whether or not the top is retaining earth. Freestanding fences with at least 50%
openness on top of retaining walls are not included in retaining wall height
restrictions but are restricted by the fence height regulations of the Town Zoning
Ordinance. Any freestanding fence with less than 50% openness and located on
or within a horizontal distance less than the average height of the retaining wall
shall be included in the retaining wall height. If the face of a building is within
15 feet of a retaining wall, the height of the retaining wall shall be included in
the building height calculation and the combination of the retaining wall height
and the building height shall not exceed the maximum building height limitation.
B. Terraced Walls. Any terraced retaining wall and freestanding fence with less
than 50% openness within the average height of the highest wall on the same
property shall be calculated as one height and be subject to the retaining wall
height limitations of Subsection 5.07.A of this Ordinance. If two retaining walls,
and freestanding fences with 50%openness or greater openness, are separated by
the
est wall, then each
a landscaped terrace l be considered f a width at t the height as a separate wall orhfen a (See Exhibit
wall and/or fence steaa l
30).
C. Determination of Average Height. The average height of a retaining wall shall
be computed by taking the total vertical surface of the wall (or straight-line or
circular sections of a meandering wall), above grade and dividing it by its length.
D. Height Limitations. The maximum height and average height of a retaining
wall, or straight-line or circular sections of a meandering wall, shall not exceed
the following:
AVERAGE SLOPE AT WALL LOCATION *-% 0-15 >150
Maximum Height(feet) 8 6 7
Average Height(feet)
* As determined by averaging percentage of slopes shown on sections through grading plan
submittal.
E. Height of Structures at Graded Sites: The height of all structures shall not
exceed the maximum height regulations of the zoning district in which the
property is located. The height of a structure shall be measured vertically at any
point along that cross section from the finished grade as shown on the approved
subdivision grading plans. If there was no grading on the lot or parcel as a result
1125943.4 25
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of subdivision improvements, the finished grade shall be the lower elevation as
of September 20, 1991 or as shown on the individual grading plans. Grade
elevation does not include isolated topographical features, such as pits, hills,
rock outcroppings,etc. that are less than 500 square feet in size.
Amendment 8. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.07,
is hereby deleted in its entirety and replaced with the following:
Section 5.07 Walls and Fences.
A. Non-Retained Walls. Non-retaining walls and fences shall not exceed six feet
in height as measured from subdivision finished grade.
B. Perimeter Subdivision Walls.
1. Reflect Topography: Perimeter subdivision walls, if desired, shall be
designed to reflect changes in the topography(See Exhibit 31).
2. Design Preferences: Perimeter subdivision, walls, if desired, are
encouraged to be designed and constructed in a height and style which
preserves desert vistas and environment, unless otherwise approved by the
Town (See Exhibit 31).
3. Setback Requirements: Perimeter subdivision walls over 3.5 feet in
height that are located outside of a front-yard setback area shall observe
the same setback from any public or private right-of-way property line as
the street-side yard setback of the zoning district within which the
subdivision is located.
C. Walls or fences on individual lots which are visible from the street are
encouraged to be designed to match the character and appearance of the
buildings in the subdivision(See Exhibit 31).
1125943.4
26
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• Exhibit 30
Retaining Wall Design
ILLUSTRATION # I Z '
it ': -
>~ICLosuRE WALL
e , ' s } t6'MAXIMUM HEIGH O
I
.TERRACED VERTICAL RETAINING WALLS. -- cat' sw 4 •
6 fr itist 40
TERRACES TO BE LANDSCAPED .I . , „ ,.. •
..,..` ti r�0,, MINIMUM HORIZONTAL DISTANCE 9E1WEE•V
WALLS IS THE HEIGHT OP THE HIGHEST
1' �+ ��THE TWO ABUTTING WALLS.
RETAINING WALL.HEIGHT Nripir J
LDAITATIONs AS speonzD '•
-1 SIZE DETERMINED BY STRUCTURAL•IN SECTION 5.06. s CALCULATIONS.SOIL STABILITY,SLOPE,
1 I ' /kr it -',.- ',- .1
efie
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,..„_>, !A. - t$4444, • tr.ra IA J,,,,,, • . •
r ' —- _• a• �; \y NOMCOMPACIED SOIL
tOVV;Tii. ,
• AR•PIEE RETAINING WALL wRH POMP* 0 1� 1`.t' `S .
SLOPE STASU TY �+�.
DESIGN
CO STRUCTURAL DRIOS AND ��,q11�`),,
CONSIDERATIONS AND BY APPROVAL OP �l , .
THE TOWN ENGINEER AND ARE PAW:CI TOTHB r ,, ,� COMPACTED SOIL
RETAINING WALL HEIGHT LHAITAZIONS SPECIFIED � 1
IN SECTION S OG /) \v°
p \ 21
r\
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A ILLUSTRATION #2
kw
Exhibit 31
SUBDIVISION PERIMETER WALLS
•
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f,,, �.,,, WALL.HEIGHTS TO RESPOND
TO TOPOGRAPHIC CHANGES
` !pit
it,. . TO PRESERVE DESERT VISTAS
a•
1194 4 lifi'A/I f _.dilbe
_ ILLUSTRATION #
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INDIVIDUAL LOT WALLS. VISIBLE • • 1 `'�1 ik,FROM`A STREET TO MATCH CHARACTER ••`;' � ..,1 •"� `�
AND APPEARANCE OF HOME. •_ .�_�`_- �:tij ,�' •�• .�
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• • IN LARGER SUBDIVISIONS.WALLS OR
FENCING IS ENCOURAGES TO BE CONFINED
TO PRIVATE ACTIVITY AREAS
co'
1125943.4
28
Amendment 9. The Subdivision Ordinance, Article 5, Grading Standards, Section 5.08,
�✓ is hereby deleted in its entirety and replaced with the following:
Section 5.08 Local Streets.
In an area with slopes greater than 15%, hillside local street standards may be utilized to
encourage better adjustment to the topography of the area. See Exhibit 4 of this
Ordinance and Article III, Section 3.05 of this Ordinance for more regulations on the use
of hillside local roads. Existing significant topographical features, such as washes,
hillsides, boulders and rock outcroppings, and established stands of native vegetation
which cannot be re-vegetated, may warrant the approval of alternative engineering
designs. Modifications would be considered on an individual basis,with approval by the
Town Council. The following are requirements and design alternatives for street
construction in the hillside areas.
A. Grading Disturbance. Grading for the construction of public streets or private
streets are subject to the cut and fill and land disturbance limitations of this
Ordinance, and shall be developed as prescribed by the Town Engineer, the
International Building Code, and the Department. Furthermore, disturbance as a
result of road grading shall reduce the subdivision-wide allowance for hillside
disturbance, as prescribed in this Ordinance. Disturbance outside of street rights-
of-way or private road street tracts meeting public street right-of-way standards
as a result of road grading shall reduce the subdivision-wide allowance for
hillside disturbance, as prescribed in this Ordinance. Any subdivision contained
within an Area Specific Plan adopted prior September 19, 1996 shall be
exempted from this Subsection.
B. Revegetation. Where scarring occurs as a result of street or utility construction,
re-vegetation and restoration shall be required of the subdivider. Restored areas
shall be graded and landscaped to blend with the natural vegetation and terrain,
and stabilized to control erosion. Landscaping and stabilization shall occur
concurrently with construction(See Article VI, Section 6.05 of this Ordinance).
C. Retaining Walls. Grade changes that require retaining walls may be used only
with the approval of the Town Council. Where approved for use, vertical
retaining walls shall be in conformance with Sections 5.06 and 5.07 of this
Article. For grade changes of more than eight feet, the use of multiple walls in a
series of terraces is required. If two retaining walls are separated by a
landscaped terrace of a width at least the height of the taller of the adjacent
walls, then each wall shall be considered as a separate retaining wall. The
finished surfaces of retaining walls are encouraged to blend into the natural
setting by such means as texturing and the use of earth tone coloring. The use of
native stone as a veneer is also possible (See Exhibit 30).
L
1125943.4 29
For slopes of 50 degrees and less, mortar free stone retaining walls using
irregularly shaped native boulders may be used, subject to structural and slope
stability design considerations. Landscaping of the slope shall be provided to
produce a more natural appearance(See Exhibit 30).
D. Balanced Excavation. Subject to Subsection 5.03.E of this Article, all excess
excavated material shall be removed or incorporated as an integral part of the site
development so that a natural look is maintained.
E. Drainage. Where drainage ways cross streets, culverts shall be installed to
convey ten year frequency storm flows under the pavement, with higher volume
storm flows being allowed to flow over the pavement in dip sections (See
Exhibits 28 and 29). For washes with low flows, deletion of the culvert may be
permitted where a concrete dip section is provided, when approved by the Town
Engineer.
1125943.4
30
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