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HomeMy WebLinkAboutPackets - Council Packets (1601) **AMENDED (7-17-98, 10:00 A.M.) AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION JULY 20, 1998 Oro Valley Town Council Chambers 11,000 N. La Canada Drive STUDY SESSION - At or after 7:00 p.m. CALL TO ORDER ROLL CALL 1. Oro Valley Arts Advisory Board Request regarding evolution of Oro Valley Arts Activities and Services to the citizens of the town - Discussion 2. Draft Ordinance relating to "Feeding of Wild Animals" - Discussion 3. Oro Valley Grading Ordinance Proposed Amendments - Discussion 4.** Town Council Policy No. 7 - Food for Public Meetings - Discussion Adjournment The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. Posted: 07/15/98 2:00 pm sr AMENDED AGENDA POSTED: 07/17/98 10:00 a.m. sr AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION JULY 20, 1998 Oro Valley Town Council Chambers 11,000 N. La Canada Drive STUDY SESSION - At or after 7:00 p.m. CALL TO ORDER ROLL CALL 1. Oro Valley Arts Advisory Board Request regarding evolution of Oro Valley Arts Activities and Services to the citizens of the town - Discussion 2. Draft Ordinance relating to "Feeding of Wild Animals" - Discussion 3. Oro Valley Grading Ordinance Proposed Amendments - Discussion Adjournment • The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. Posted: 07/15/98 2:00 pm sr TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 20, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Donald L. Chatfield, AICP, Community Development Director SUBJECT: Discussion of Expanded Services Provided by the Greater Oro Valley Arts Council and the Role of the Arts Advisory Board. • BACKGROUND: The Arts Advisory Board was established by the Town Council as an advisory body to address issues of the arts and cultural events within the Town of Oro Valley. The Greater Oro Valley Arts Council (GOVAC) was incorporated as a 501(C)(3) tax-free organization in 1997. Since that time the Town of Oro Valley has entered into an agreement with GOVAC for fundraising and support of art activities in the Greater Oro Valley area. The 1998-99 budget request proposes that the Town provide additional funding to GOVAC to retain an Executive Director. The responsibilities of this part-time position would include generating a funding base that would eventually shift funding responsibilities away from the Town General Fund. SUMMARY: Members of the Arts Advisory Board and GOVAC will be present at today's study session to discuss improved services to the citizens of Oro Valley in arts arena. Additional information will be provided at the meeting to support this proposal. ATTACHMENTS: 1. Articles of Incorporation for the Greater Oro Valley Arts Council 2. Agreement between the Town of Oro Valley and the Greater Oro Valley Arts Council 3. July 8th letter from Dick Eggerding eft& elogiA ommunity Develop,. : Director 624 Town Man.ger F:\INDIVID\DLC\COMM DEV\GOVAC.RPT Greater 0 Vk LLEY tsCouncil July 8, 1998 Memo To: Chuck Sweet, Oro Valley Town Manager From: Dick Eggerding, Chair Oro Valley Arts Advisory Board Re: Proposed Study Session-July 20, 1998 Town Council & Representatives of Greater Oro Valley Arts Council And Oro Valley Arts Board (No Quorum). Please consider this memo a formal request for the above captioned. It is anticipated that this session will produce a consensus among all parties leading to the evolution of Oro Valley Arts Activities and Services to the citizens of the town. The date requested is critical for two reasons: 1. Many projects are pending that will need concerted efforts and cooperation from the volunteers involved. Thus, an agreed upon plan of organization and funding is vital. 2. Most of the participating volunteers will be out of town after July 20 for the remaining summer. Please thank the Mayor and Council for expediting this into their busy schedule. Sincerely, Dick Eggerding 10352 North Fox Croft Lane • Oro Valley,Arizona 85737.520-575-0462 or . r r- • ARTICLES OF INCORPORATION Kai `j iv; '07 j1 OFAPP FL:0 GREATER ORO VALLEY ARTS COUNCIL 0,1; 07 70 " - KNOW ALL MEN BY THESE PRESENTS: That the undersigned, desiring to form a nonprofit corporation under and by virtue of the laws of the State of Arizona, hereby adopts the following Articles of Incorporation: ARTICLE I - NAME The name of this Corporation shall be: GREATER ORO VALLEY ARTS COUNCIL ARTICLE !! - INCORPORATOR • The name and address of the incorporator is: Richard Eggerding 10352 N. Fox Croft Lane Oro Valley, AZ 85737 All powers, duties, responsibilities and liabilities, if any, of the incorporator shall cease at the time of delivery of these Articles of Incorporation to the Arizona Corporation Commission for filing. ARTICLE In - PURPOSE The Corporation is formed for non-profit civic and charitable purposes and to conduct any or all lawful business for which nonprofit corporations may be incorporated under the laws of the State of Arizona, including, but not limited to, Fundraising and distribution, in support of Arts related activities within the Greater Oro Valley area. • • 0‘if (/ 1 ARTICLE IV - INITIAL BUSINESS The character of the business the Corporation initially intends to conduct is to develop and manage fund raising systems in a cost-effective and efficient manner for the provision of grants and services that support the arts of the greater Oro Valley Community. ARTICLE V - NONMEMBERSHIP CORPORATION The Corporation shall have no capital stock nor any members other than the Board of Directors. ARTICLE VI - BOARD OF DIRECTORS The control and management of the business and affairs of the Corporation shall be vested in a Board of Directors constituted and qualified as specified in the Bylaws of the Corporation, but the Board of Directors in any event shall consist of not less than three nor more than five directors, ail of whom shall be residents of Town. The directors shall be selected by appointment and, unless the Bylaws of the Corporation provide to the contrary, shall hold office for a period of two years or until their successors shall have been elected and qualified. Any vacancy occurring in the Board of Directors shall also be filled by appointment. The directors may be removed from office with or without cause. Until their successors are selected and qualified, the Board of Directors shall consists of the following three (3) persons: Name Address 1) Richard Eggerding 10352 N. Fox Croft lane Oro Valley, AZ 85737 2) Robert Weede 11001 N. Poinsettia Dr Oro Valley, AZ 85737 3) Karen Chatfield 681 W. Cassidy Place Oro Valley, AZ 85737 ARTICLE VII - STATUTORY AGENT This Corporation does hereby appoint Richard Eggerding, whose address is 10352 N. Fox Croft Lane, Oro Valley, AZ 85737 who has been a bona fide resident of Arizona for at least three years, as its initial statutory agent. ARTICLE VIII - NO INUREMENT No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to, its directors, officers, or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for 2 (b) Acts or omissions which are not in good faith or which involve intentional misconduct or a knowing violation of law; (c) Any action in violation of Section 10-1026, Arizona Revised Statutes, as amended from time to time, regarding the prohibition against shares of stock and dividends; (d) Any transaction from which the director derived an improper personal benefit; or (e) A violation of Section 10-1097, Arizona Revised Statues, as amended from time to time regarding director conflicts of interest. ARTICLE XIV - VOLUNTARY BANKRUPTCY The Corporation shall not be permitted to file a voluntary bankruptcy petition without the consent of all Directors of the Corporation and at least ten days prior written notice to affected organizations. ARTICLE XV - AMENDMENT These Articles may be amended as set forth in the Bylaws of the Corporation. In witness whereof, l have hereunto set my hand this Lrk day of J44utl , 1997# s -ZeA,t1) 4p0060,-- Incorporator • 4 r e ADMINISTRATION AGREEMENT Recitals: 1. Parties. TOWN: Town of Oro Valley. a municipal corporation ARTS COUNCIL: Greater Oro Valley Arts Council, an Arizona nonprofit corporation 2. The Arts Council is an Arizona corporation that has been notified that it has achieved nonprofit status as a 501(c)(3) corporation by the Internal Revenue Service of the U.S. to provide specialized educational services in the area of the arts. 3. The Town wishes to enter into an agreement with the Arts Council whereby the Arts Council wiljP rovide the Town with certain specialized consultation and administrative servicesP ertaining to the arts that the Town does not wish to assign to the Town's employed staff. 4. This Association Agreemcnt is to provide the basis for a working relationship between the Town and the Arts Council. Consideration: The consideration for this agreement is the sums to be paid to the Arts Council, the services ices to be rendered to the Town by the Arts Council and the mutual promises of the parties. Covenants,Terms and Conditions: 1. Administrative Services. The Greater Oro Valley Arts Council agrees to provide administrative services to the Town as follows: • (a) Promote, encourage, publicize, sponsor performances and artistic festivals, performances, individual and group projects, workshops and classes within the Town on an ongoing basis. These activities will be coordinated with the Arts AdvisoryBoard and other public and private guilds, groups and organizations. (b) � participationEncourage public attendance and in the artistic functions and � • • obtain, where possible, co-sponsors, underwriting and Personal and financial assistance. (c) Involve the public schools, neighborhood associations and community groups in the festivals and performances and arts education. (d) pParticipate in the Tucson Pima Arts Council and the Arizona Council on the Arts, and the Southwest Arts Conference. DQQ".V. "= uC: =Jr" ...ma... Wrr ... . . �...►... . . .r. o.r c Maintain an ongoing, viable tax-exempt nonprofit organization with adequate stalling to carry out the duties imposed by this agreement. (I) Periodically, as mutually agreed upon, report to the Town about the activities of the Arts Council and seek suggestions and cooperation from the Town's governing body. Administrative fee. The Town agrees to pay to the Arts Council not less than (2) $5,000 per Town fiscal year as consideration for the services to be rendered to the Town by the Arts Council. The fee will be paid to the Arts Council in one lump sum upon the execution of this agreement. The Arts Council agrees to maintain a set of books and records which (3) . . - i board, adequately reflect the activities and expenditures of the Arts Council, its b , � Y that no part of the officers and directors. The Arts Council agrees administrative fee will be paid to the Arts Council's officers or directors, except to reimburse them for properly authorized out-of-pocket expenditures, and upon the presentation of a properly documented receipt. The Town may inspect these records upon request. (4) The Arts Council agrees to comply with all Federal and State laws and ordinances of the Town, especially as same relate to non-discrimination on the basis of race, 8 ender or religious belief and to provide to the Town, as required, certificates of such compliance as requested by the Town, from time to time. (5) This agreement may be renewed annually upon the mutual agreement of the parties and may be terminated by the Town at any time upon the giving of 30 days written notice to any member of the Arts Council. In the event the Town shall elect to terminate this agreement before the first anniversary of its execution, no part of the administrative fees shall be refundable` IN WITNESS WHEREOF this agreement has been executed by the respective officers of the parties hereto and approved by counsel on the 17th day of Uecembr, 19.91 . Approved for ex ' : Town OF ORO V EY / c .......Z,Li 1 i JCAI CcA,-,-,--- Tobin C. Sidles, Town Attorney cam/gr,i,-, -To � vi Mayor- Town Town of Oro Valley Attest: ./. (C4°." (641-"i4-1-f Kathryn ECuvciier, Town Clerk -.-14e5241.1-1....L". .Emery$ er Attorney for the Arts Council GREATER ORO VALLEY ARTS COUNCIL /0 / /• ... „ ./_/,,. "2? • ..,/ . ,.....g,.. -A# • sident i 411, RESOLUTION NO. (R) 97- 68 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE GREATER ORO VALLEY ARTS COUNCIL WHEREAS, the Town of Oro Valley has the responsibility of caring for the welfare of its citizens; and WHEREAS, it has been determined that it is in the best interests of the Town and its citizens top rovide for a well rounded community by supporting the arts and art related activities; and WHEREAS, the approval of this agreement will further this goal, and is hereby determined to be in furtherance of the public health, safety and welfare of the citizens of the Town; NOW THEREFORE BE 1T RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1. That the attached Agreement is hereby approved. 2. That the Mayor of the Town of Oro Valley and all necessary administrative officials and employees are hereby directed and authorized to take all necessary steps related to the execution of said agreement. a PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17 day of December , 1997. TOWN OF ORO VALLEY, ARIZONA 4-4.14a -- r A(A,I4.,-,-,,- . 14;;e l ro, ATTEST: ia ,v(s7 ee,t4at Kathryn E. Cuvelier, Town Clerk APPROVED AS TO F : _7%1414 Tobin Sidles, Town Attorney 2 TOWN OF ORO VALLEY COUNCIL COMMU11iIGATION MEETING DATE: 7/20/98 TO: HONORABLE MAYOR AND COUNCIL FROM: Tobin Sidles, Town Attorney SUBJECT: Ordinance Number (0) 98- regarding the feeding of wild animals SUMMARY: As the Council is aware, there was an incident some time ago involving a coyote attacking a young child at a park. After investigation, it was learned by the police department that people had been feeding these wild animals, which may have played in a role in contributing to the attack.While such behavior seems harmless, it can have serious consequences.Therefore,the Oro Valley Police Department,in conjunction with concerned citizens, would like to enact this ordinance, which prohibits this type of activity. This ordinance may also be enforced by Game and Fish or Pima County Animal Control should the need arise. ATTACHMENTS: 1) Ordinance (0) 98- with attachment FISCAL IMPACT: none RECOMMENDATIONS: Acceptance is recommended SUGGESTED MOTION: I move that we accept Ordinance (0) 98- or I move that we deny Ordinance (0) 98- 4f �1 1 :tore of � p� ment Head i , / / Townager's Review DRAFT ORDINANCE NO. DRAFT AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE TOWN CODE OF ORO VALLEY, ARIZONA, APPENDIX II. PROHIBITED ACTIVITIES BY ADDING A NEW SECTION (F.) ADOPTING REGULATIONS RELATING TO FEEDING WILD ANIMALS WITHIN THE TOWN LIMITS AND ESTABLISHING EXCEPTIONS AND PENALTIES. WHEREAS, the Town of Oro Valley, having received notice of a serious incident involving a coyote attacking a child at a park; and WHEREAS, the Town has determined that the situation was partially attributable to well- meaning but mistaken persons who feed wild animals; and WHEREAS, such practices create a significant threat to the public peace, health, safety and welfare of Oro Valley citizens; and WHEREAS, the establishment and enforcement of regulations relating to the feeding of wild animals within the corporate limits is deemed necessary in order to provide for the furtherance of the public peace, health, safety and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: SECTION 1: That the Town Code of the Town of Oro Valley, Appendix II Prohibited Activities, be amended to include a new subsection (F.) in its'entirety, which is attached hereto as Exhibit "A". SECTION 2: That all Town Administrators and staff are hereby given the authority to provide for the enforcement of this addition. SECTION 3: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4: Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 thereof. SECTION 6: Whereas it is necessary for the preservation of the peace, health, safety and welfare of the Town of Oro Valley, Arizona, and this ordinance shall become operative and in force as according to State Law PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this day of , 19_. APPROVED this day of , 19 , by the affirmative vote of the members of the Town Council of Oro Valley, Arizona. PAUL H. LOOMIS, MAYOR ATTEST: Kathryn Cuvelier, Town Clerk • APPROVED AS TO FORM: Tobin Sidles, Town Attorney IF. 11); AFT2 Exhibit "A" Oro Valley Town Code Appendix II - Prohibited Activities (F) Leaving food outside for non-domesticated mammalian predators prohibited- Exceptions 1. No person shall feed or in any manner provide food or drink for one or more non-domesticated mammalian predators, including but not limited to, coyotes, raccoons, foxes, skunks, javelinas, peccaries and opossums. No person shall leave or permit to be left outdoors food for any animal between the hours of ten p.m. and six a.m. the next day. 2. Exceptions. This section shall not apply in any of the following instances: A. Where the person is the owner of such non-domesticated predator and such predator is kept under a valid certificate or permit issued by the State. B. Where the person provides food for a trapped, injured or unweaned, non- domesticated predator between the time the agency in charge of animal control is notified and such predator is picked up by such agency. 3. Any violation of this section shall be a civil violation punishable by a minimum mandatory fme of$25.00 and a maximum fine of$1500.00 per incident. TOWN OF ORO VALLEY 3 it- COUNCIL COMMUNICATION MEETING DATE: July 2 1998 TO: HONORABLE MAYOR & COUNCIL FROM: David G. Hook, P.E. Town Engineer SUBJECT: Proposed changes to the Oro Valley Grading Ordinance, Currently Chapter 14, Oro Valley Town Code and proposed changes to Articles 1-9 (Enforcement), 1-10 (Violation and Penalty) and 2-101 (Definitions) of the Oro Valley Zoning Code Revised: Study Item BACKGROUND: In the five years since the adoption of the existing grading ordinance, Town Council, the Planning & Zoning Commission, the Development Review Board and Town staff have identified and discussed weaknesses and lack of clarity in portions of the document. Over a year ago, staff prepared a draft revised grading ordinance. With the help of a technical advisory committee (TAC) including Vice-Mayor Paul Parisi, then DRB Chairman Matthew Moutafis, members from the engineering community, and SAHBA, the revised grading ordinance was further refined. The revised draft document first went before the Planning and Zoning Commission at a study session and public hearing in September 1997. After two more public hearings, the Planning and Zoning Commission recommended approval of the revised grading ordinance and requested staff to forward the document to Town Council subject to review and comment of the Variance/Exception section by the Board of Adjustment. At that time the draft document required variance requests go to the Board of Adjustment for consideration. This led to additional study sessions involving the DRB, the Board of Adjustment and the Planning and Zoning Commission. Councilman Johnson chaired one joint study session between the three. The consensus was for variances to be considered by the DRB (as is the practice in the existing grading ordinance). The DRB then held two different study sessions to hammer out the final language to be incorporated into the Variance(now Exception)section of the revised grading ordinance. The last study session was held in April 1998. The grading ordinance is now proposed to become Chapter 15 of the Oro Valley Zoning Code Revised (OVZCR). The reason for putting the grading ordinance in the OVZCR is to group this ordinance with other development related ordinances. This is a more'user friendly' location, as citizens will be able to find all development related regulations in a single document. The new document eliminates many of the weaknesses and lack of clarity in the existing grading ordinance. The document incorporates not only suggestions and recommendations made by the TAC, but from the Planning and Zoning Commission, the Development Review Board and interested citizens. Highlight of changes to the grading ordinance include: Pages 3—4 The Purpose section has been slightly revised and an intent section has been added. Pages 5—6 The applicability section has been revised and outlines the circumstances in which a Type 1 grading permit is required. Under Type 2 grading permit applicability, a restriction to mass grading has been added. Mass grading new residential subdivisions (at the time of subdivision development) is restricted to subdivisions having an average lot size of 10,000 square feet or less (R1-10, R1-7, SDH- 6 zoning designation). A new grading permit category, Type 3 grading permit, has been added to the TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 3 ordinance for the installation of utilities where other types of permits are not required. The Type 3 grading permit is also for stockpiling earthen material. Page 7—9 Requirements for a Type 1 grading plan, permit application and inspections done under a Type 1 grading permit have been more clearly stated. Page 9—16 The requirements for a Type 2 grading plan and grading permit have been described in more detail. Additional fee collection will be required at the third, and each subsequent, re-submittal of a Type 2 grading plan for review by the Town. Also, a new grading plan category, a Preliminary Grading Plan, has been added. The preliminary plan will provide the minimum information necessary for the Town to determine the vertical and horizontal extent of grading activity on a proposed project site. This information would be reviewed at the DRB. Page 16—18 The requirements for a Type 3 grading plan and permit are provided. This permit is to ensure restoration of areas disturbed by the installation of utilities. It is also required for the stockpiling of 100 cubic yards or more of earthen material. Page 18—19 Cut and Fill limitations have been revised. The maximum depth of a cut or fill shall not exceed 6 feet measured vertically from the existing grade to the finished elevation. The depth of a cut or fill area may be increased to 8 feet when terracing is utilized. Retaining structures are to be designed to blend with the surrounding natural colors of the native rock and soils of the site. The wall surface shall be rough textured with heavy shadow patterns, which may be achieved by color treated or veneered surfaces (or other methods approved by the Town). This section also requires irrigation to establish growth on revegetated slopes. This section prohibits dumping dirt of any quantity over an existing slope unless approved as part of a grading plan. Page 20 A section on slope setbacks was added to the ordinance. These setbacks are consistent with the uniform building code. A section on restriction of slope development has also been added. This section defines regulated 25% and 15% slopes. It also restricts creation of lots that must cross regulated 25% slopes or would require grading activity on slopes steeper than 25% to construct homes or buildings. Slope and soil analyses will be required in order to build on slopes between 15% and 25%. Page 22 Hours of grading have been slightly modified with weekend grading hours specifically addressed. A new section on phased grading has been added for mass graded sites. Subdivisions with 75 lots or more with an average lot size of less than 10,000 square feet and projects (non residential) 10 acres and larger requiring development plans must submit a phased grading plan with the preliminary plat. The DRB shall review the plan and forward recommendations to the Town Council. Page 24 Grading waivers are now termed 'exceptions'. Exception requests will be granted by the Development Review Board. Criteria used for consideration of granting grading exceptions are now more clearly stated and are similar to criteria used by the Board of Adjustments in their variance hearings. Page 26—28 The enforcement and penalty section has been expanded with the possibility for restorative and punitive fines levied against those who violate the grading ordinance. Additions&Changes to Article 2-1,Section 2—101, Definitions, OVZCR Pages 1 —4 Revisions in the definitions section included changes to the word Floodplain to match the definition in the Floodplain Ordinance. Definitions for Mass grading and Emergency were added. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 3 OF 3 Text Changes to Article 1-9 OVZCR, Enforcement Page 1-1 Section 1-901, added an exception to this section stating that the Community Development Director and the Town Engineer (or their appointed designee) may enforce Chapter 15 OVZCR (the grading ordinance). Section 1-904 is revised changing records responsibility from the Clerk to the Town. Section 1-905 is deleted. Text Changes to Article 1-10 OVZCR,Violation and Penalty Page 1-2 Section 1-1001 added an exception stating That violations of Chapter 15 OVZCR (the grading ordinance) shall, upon conviction, be punished in accordance with the applicable sections of Chapter 15. Section 1-1002 A. is revised to include grading and references to Chapter 15, the grading ordinance. ATTACHMENTS: Draft revisions to: The grading ordinance Section 2-101 OVZCR Article 1-9 OVZCR Article 1-10 OVZCR FISCAL IMPACT: None RECOMMENDATIONS: Staff recommends approval of the revisions to the grading ordinance and Section 2-101, Article 1-9 and Article 1-10 of the OVZCR. SUGGESTED MOTION: None required 1 epyl ent FI:f. • Town Man.ger GRADING ORDINANCE 1 CHAPTER 15 GRADING ORDINANCE ARTICL 15-1 Purpose and Intent of This Ordinance Sec. 15-101 Purpose Sec. 15-102 Intent ARTICLE 15-2 Applicability Sec. 15-201 Type 1 Grading Permit Defined Sec. 15-202 Type 2 Grading Permit Defined Sec. 15-203 Type 3 Grading Permit Defined Sec. 15-204 Exemptions ARTICLE 15-3 Submittals and Procedures for Types 1,2 and 3 Grading Permits Sec. 15-301 Type 1 Grading Permits Sec. 15-302 Type 2 Grading Permits Sec. 15-303 Type 3 Grading Permits ARTICLE 15-4 General Grading Requirements and Notes Sec. 15-401 Cut and Fill Limitations Sec. 15-402 Site Revegetation and Stabilization Sec. 15-403 Driveways Sec. 15-404 Slope Setbacks Sec. 15-405 Restriction of Slope Development Sec. 15-406 Erosion Control Systems Sec. 15-407 Import and Export of Earth Material Sec. 15-408 Hours of Grading Operations Sec. 15-409 Phased Grading Sec. 15-410 Restriction of Vehicles Sec. 15-411 Additional Requirements ARTICLE 15-5 Variance and Request for Interpretation Procedures Sec. 15-501 Exceptions Sec. 15-502 Appeals from Administrative Decisions 2 ARTICLE 15-6 Grading Permit Authorization, Liability,Enforcement and Penalties Sec. 15-601 Authorization to Proceed With Work Sec. 15-602 Liability Sec. 15-603 Enforcement Sec. 15-604 Stop Work Orders Sec, 15-605 Citations Sec. 15-606 Penalties ILLUSTRATIONS A Cut/Fill/Setbacks B Building Height C Site Improvement Standard (1)A Drainage Pattern (2)C Drainage Pattern D Terracing/Drainage 3 TOWN OF ORO VALLEY GRADING ORDINANCE (Adopted by Mayor and Council ) ARTICLE 15-1. PURPOSE AND INTENT OF THIS ORDINANCE Sec. 15-101. Purpose The purpose of this ordinance is to provide for the public health, safety, and general welfare and to protect and preserve the aesthetics of the natural environment through regulation of all types of excavation and earthwork on private and/or public land. The grading regulations contained in this ordinance are designed to: A. Regulate the development of potentially hazardous terrain; and B. Preserve, where possible, or recreate the natural contours, the native vegetation and visual character of the site in harmony with the surrounding terrain; and C. Enhance the quality and value of new development; and D. Maintain property rights and property values of adjacent developed and undeveloped parcels. Sec. 15-102 Intent The regulations, as set forth in this ordinance, have been prepared in the context of Oro Valley's specific desert environment. They are intended to complement the.applicable provisions of the Hillside Development Zone and the Floodplain Management Ordinance, and not to authorize any grading activity prohibited by this ordinance or any Town ordinance. The intent of this grading ordinance is to assure that the design and implementation of all grading projects shall: A. Avoid scarring and other adverse visual impacts resulting from cut, fill and any other type of ground disturbance; and B. Blend with the natural contours of the land; and C. Restrict the area of disturbance and volume of material displaced to the minimum amount necessary to implement the planned development; and D. Limit mass grading to residential subdivisions with an average lot size of 10,000 square feet or less; and E. Employ measures that: 4 1. Ensure that graded hillside, slopes or other areas subject to erosion are stabilized; and 2. Reduce the erosion effects of storm water discharge, preserve the flood-carrying capacity of natural or constructed waterways by limiting soil loss, and protect drainageways from siltation; and 3. Minimize dust pollution and surface water drainage from graded areas during grading and development; and 4. Ensure that proposed development activity is designed and implemented to avoid adverse impacts and appropriate restorative measures; and 5. Encourage phased projects, to preserve natural contours and vegetative communities until such time as grading must necessarily occur on a site. 5 ARTICLE 15-2 APPLICABILITY This ordinance shall apply to all grading operations, for which applications are received subsequent to its adoption date ( ), unless exempted by Section 15-204 below. If a conflict between this, and any other Town ordinance exists, the more restrictive shall apply. This grading ordinance shall not be construed to prevent the enforcement of other laws that prescribe more restrictive limitations, nor shall the provisions of this ordinance be presumed to waive any limitations imposed by other Town ordinances. The design, implementation and mitigation of grading regulated by this ordinance shall be reviewed prior to the issuance of any grading permit, to ensure full compliance with the regulations, requirements and specific standards as set forth herein. Grading permits must be obtained, after plan approval, as follows: Sec. 15-201 Type 1 Grading Permit A Type 1 Grading Permit is required for the following: A. A residential development on a single lot, other than those defined as Type 2 or 3. B. Alteration of existing stabilized slopes of 3:1 or greater, on a residential lot. C. Addition of paved areas such as concrete or asphalt, in excess of 1,000 square feet on a residential lot. D. Import and stockpiling of 100 cubic yards or more of earthen materials on a residential lot. E. Clearing vegetation from a residential lot, which encompasses an area of 1,000 square feet or more. Sec. 15-202 Type 2 Grading Permit A Type 2 Grading Permit is required for any new public or private street or roadway, a commercial, office or resort project, or any residential development consisting of more than two platted lots. NOTE: Mass grading, as defined herein, shall be permitted only for new residential subdivisions, with an average lot size of 10,000 square feet or less (R1-10, R1-7, SDH-6 zoning designations). Mass grading on lots between 10,000 and 15,000 square feet is allowable with an Exmption pursuant to Section 15-501. Sec. 15-203 Type 3 Grading Permit A Type 3 Grading Permit is required for stockpiling of earthen materials. A Type 3 grading permit shall be required for the installation of utilities and other infrastructure for which a Type 2 grading permit is not required. Utility and other infrastructure installation confined to the Town of Oro Valley right-of-way and requiring a right-of-way permit will not be required to obtain a Type 3 grading permit. However, a grading plan pursuant to section 5-3.A. shall accompany the right-of- 6 way permit application. Department of Public Works staff may waive the requirements for the grading plan should staff determine that the scope of the grading activity not warrant such a plan. Sec. 15-204 Exemptions to this Ordinance The following activities are exempted from this ordinance: A. The clearing, brushing or grubbing for activities exempted in this subsection; B. Stockpiling of less than 100 cubic yards of uncompacted earth material; C. Resurfacing or maintenance of an existing paved surface; D. New pavement of less than 1,000 square feet; E. Individual sewage disposal system with a Pima County Department of Environmental Quality permit; F. Excavation below finished grade for a basement, foundation, wall or swimming pool authorized by a building permit or zoning construction permit; G. Exploratory excavation under the direction of a soil engineer or engineering geologist provided all excavation is properly backfilled. Whenever possible, such exploratory excavation and testing shall be conducted only in areas which have been previously disturbed; H. Archaeological exploration conducted under state permit by a qualified archaeologist; I. Removal of selected individual plants for storage and replanting; J. Grading for the maintenance of an existing private access, road or driveway, provided that it either existed prior to adoption of, or was established in conformance with, this ordinance. 7 ARTICLE 15-3 SUBMITTALS AND PROCEDURES FOR TYPES 1,2,AND 3 GRADING PERMITS Sec. 15-301 Type 1 Grading Permits A Type 1 Grading Permit requires a completed grading permit application, a grading plan and soils report. A hydrology study and Floodplain Use Permit may be required when deemed necessary by the Town. A Type 1 Grading Plan Requirements 1. Plan submittal shall be in the form of one set of right reading sepias, and shall be drawn to a 1" =20' scale. 2. Grading plans shall be prepared by a registered Civil Engineer, Architect or Landscape Architect, where 15% or greater slopes occur on a lot and/or where the average cross-slope of the building pad is greater than 6%. 3. Plans shall include topography on 1 foot or 2 foot contour intervals, tied to a recognized benchmark, as prepared by a Civil Engineer or Registered Land Surveyor. 4. The exterior boundaries of the site, including length of property lines and bearings. 5. Include location of all existing and proposed utilities. 6. Show location of existing streets or easements, and proposed point of entry and access roads to the grading site. 7. Show the existing and proposed finished grades of the area to be graded, including spot elevations and/or revised contours. 8. Indicate the extent of graded areas, shaded and labeled "Graded Area", and location of structures to be constructed. 9. The existing grade at the primary building corners of all structures and proposed finished floor elevations; and the proposed building heights, shown to conform with height restrictions as specified in the Town Zoning Code. 10. A sectional cut through the proposed structures on a line perpendicular to the slope; showing existing grade relative to proposed finished floor and building heights. 11. The location and type of proposed mitigative measures such as revegetation, rip-rap or retaining walls. Slope interceptor drains shall be a part of the submittal design when slopes exceed 2:1 and when slopes in excess of 1.5:1 terminate at the top of retaining walls. 8 12. An interim (temporary) erosion control plan per Section 15-406 shall be submitted with the permit application and grading plan. The interim erosion control devices shall be installed prior to commencement of grading activity. 13. Details showing mitigative measures where driveways cross natural or constructed drainageways (where applicable). B. Type 1 Grading Permit Application and Review The Grading Permit application, grading plan, and other required materials shall be submitted for review to the Town of Oro Valley. The Grading Permit application shall be completed and signed by the owner or owner's authorized representative. A deposit is payable to the Town upon application for review. Final payment shall be made upon approval, in accordance with the fee schedule adopted by the Town Council (Resolution No. or as later amended). The grading plan will be reviewed for consistency with the applicable regulations and standards, and if approved, a grading permit will be issued. The grading permit may be issued with additional conditions as deemed necessary by the Town. If determined to be inadequate, the materials submitted will be returned for corrections. The applicant may resubmit, without additional fees, corrected plans, or materials necessary to conform to submittal requirements. C. Type 1 Grading Permit Issuance and Expiration Upon issuance of a grading permit, a copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site. A grading permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance. D. Type 1 Grading Permit Extensions and Reapplication Upon written request by the permit holder, the Town may grant a single extension up to 180 days. Requests must be submitted prior to the date of expiration. Consideration will be given to extension requests when quantifiable evidence is submitted. A reapplication for a grading permit shall be treated as a new application, fees and additional conditions may be imposed as a result. E. Type 1 Inspections Pre-grading (when required by subdivision plat notes): The inspector will verify limitations for 9 building pad and other areas to be graded, and identify vegetation required to be salvaged. The grading limitations must be staked or otherwise clearly identified prior to inspection. Rough grading (to be done prior to construction of residence): The inspector will verify grading to be within limitations of approved plans. Certification of the building pad elevation by a registered land surveyor or civil engineer shall be presented to the inspector at this time. Final grading (to be done prior to final building inspection): The inspector will verify that all prescriptive requirements of the approved grading/site plan have been satisfied. F. Type I Incomplete Final Grading; Temporary Occupancy In the event that the final grading cannot be completed in its entirety, an assurance, in a form acceptable to the Town, may be posted to allow inspection and occupancy of the residence. This assurance shall be in an amount equivalent to 120% of the cost to complete the work as shown on the approved grading plan and/or in compliance with this ordinance. A cashier's check made payable to the Town of Oro Valley is an acceptable form of assurance for this purpose. The determination of the cost of the remaining work shall be by bids acquired by the permittee. The building official shall make the final judgement as to the adequacy of the assurance amount. If the balance of the work has not been completed within 120 days of the date of the temporary certificate of occupancy,the Town may use the assurance to complete the work. When an assurance is to be posted as a temporary substitute for a final grading inspection, it will still be necessary to have adequate drainage away from the structure. In addition, temporary or permanent means of preventing silting onto public rights-of-way will be required . Sec. 15-302 Type 2 Grading Permits A Type 2 grading permit application requires a grading plan (prepared by or under the supervision of a registered civil engineer) approved by the Town, soils report and a completed grading permit application. Where applicable and not otherwise submitted, drainage improvement plans shall be required also. A. Type 2 Grading Plan Requirements: All Type 2 grading plan submittals must address, or include,the following information: 1. The existing and proposed finished grade contours prepared by a qualified registrant, or sufficient spot elevations for construction and drainage flow determination (with additional information pursuant to Section 15-302A. no. 2 below if applicable) of the area to be graded, one or two-foot contour intervals for slopes up to 15 percent. All slopes over 15 percent shall be identified on the grading plan. Said plan shall be prepared at a scale of 1 inch = 40 feet unless some other scale is approved by Town staff 2. The extent of graded areas shall be clearly identified and labeled "graded area" and where structures are to be constructed,the following shall be included on the plan:10 a. Spot elevations shall be shown for finished grade within the building envelope; and b. All building pads shall be labeled/identified, showing the existing grade at the primary building corners, and proposed finished floor elevations; and c. To ensure adequate drainage on individual mass graded lots and to minimize the effects of drainage on individual single family residences (SFR), the minimum finished floor elevation (FFE) for a SFR shall be determined as follows: A difference of ten (10) inches plus 1% shall be established between the drainage discharge (low) point on the property line and the FFE for the corner of the SFR farthest from said low point. See illustration 9-1.C. 3. The general topography for 100 feet beyond the perimeter of the site, or as specified by the Town. 4. A description of the interim (temporary) erosion and storm water pollution mitigation and drainage control methods to be used, including elevations, dimensions, quantities and locations must be provided. Such controls must remain in place, and be maintained during the entire grading operation and until such time as the project is complete and the site permanently stabilized to the satisfaction of the Town. Also see Section 15-406. 5. The exterior boundaries of the site, the basis of bearing and a benchmark to establish the vertical datum. 6. The extent and manner of preserving, relocating, clearing and disposing of vegetation. 7. The final ground cover, revegetation, erosion control and proposed methods for cut or fill stabilization, based upon the soil report, and in compliance with the approved landscape/buffer yard plans. 8. Access roads, haul routes and points-of-entry to the grading site. 9. If drainage improvement plans have not been submitted separately, or if interim drainage conditions exist because of project phasing,plans for: a. drainage or other protective devices to be constructed as part of the grading; b. the drainage area and estimated runoff of the area served by drains. 10. A letter from either the Arizona State Museum, the State Historic Preservation Office, or an archeologist registered with the Arizona State Museum stating the 11 probability of archeological resources being discovered on the site, and the agency or individuals recommendation as to whether an archeological survey is needed. Should a survey be required,the results shall be submitted to the Town. 11. The off-site disposal location and estimated quantity of earth material to be removed from the site during grading. 12. For all sites subject to coverage by the National Pollution Discharge Elimination System (NPDES) Permit, a copy of the "NOTICE OF INTENT" of industrial activity, filed with the United States Environmental Protection Agency (EPA) shall be provided. Additionally, a copy of, or description of, the "STORMWATER POLLUTION PREVENTION PLAN" required by EPA shall be provided. 13. The grading plan submittal shall (if applicable) conform to rezoning site analysis, any conditions placed on rezoning (if applicable) and any conditions imposed on development plan, preliminary or final plat approval. 14. A civil engineer or other qualified registrant shall seal the grading plan. 15. The applicant shall pay appropriate review fees adopted by Town Council Resolution. B. Type 2 Soils Report Requirements 1. The report shall contain all geotechnical engineering information and recommendations applicable to the project and shall be sealed by the soil engineer prior to submittal. The minimum geotechnical information to be included in the report is as follows: a. Soil stability, angle of shear, and maximum recommended slope ratio of all proposed cuts or fill; b. Erosion vulnerability of all graded areas and created slopes; c. Storm water siltation potential of soils for all graded areas and created slopes; d. Description of soil constraints on the structural design of all foundations, footings and walls; e. Recommended compaction treatment of all fill areas; f. Identification of any potentially hazardous geotechnical areas where construction is proposed; g. Recommended treatment for stability, erosion and siltation control of all graded areas and created slopes; h. Determination of a pavement design section for roads, driveways and parking areas. i. Soil classification and design bearing capacity shall be included in the soil report for all areas where structures are proposed. 12 2. The civil engineer or qualified registrant responsible for preparing the grading plan shall adhere to recommendations of and make reference to the soils report in the grading plan and statement. Report recommendations shall become conditions of the grading permit. 3. The applicant's project soils engineer shall provide to the Building Official a copy of the soils report and soil test results that confirms the foundation sub-base requirements have been met. C. Type 2 Grading Permit Application 1. The grading permit application, grading plan and other required materials shall be submitted to the Town for review and approval. 2. The grading permit application shall be completed and signed by the property owner or his/her authorized representative. 3. Permit fees are payable to the Town in accordance with the fee schedule adopted by the Town Council. 4. At the discretion of the Town, grading assurances may be required in the form of assurance or other security acceptable to the Town. In the event that grading is not completed as approved, the assurances may be applied to: a. eliminate potential hazardous conditions; or b. mitigate the effects of dust, drainage, erosion, visual scars or hazardous conditions in a manner acceptable to the Town. D. Type 2 Grading Permit Application Review 1. Grading plans and related submittals will be reviewed concurrent with the final plat or development plan (submitted after DRB approval), plant salvage and landscape plan for the project. 2. Grading plans, soils and drainage reports will be reviewed for consistency with applicable regulations and standards, plant salvage and landscape plans and any conditions imposed upon rezoning, development plan or subdivision plat approval. Plans determined to be inadequate or incomplete will be returned for correction and resubmittal. Where inconsistency between plans is evident, the appropriate plan will be resubmitted for review and approval. 3. The Town will provide written review comments and/or redlined plans to the applicant upon review. Should the grading plans need to be resubmitted three (3) or more times for review by the Town, the applicant shall be required to pay an additional review fee at the time of the third, and each subsequent, resubmittal of the 13 grading plans for review by the Town. 4. Prior to approval of the grading plan, soils report and drainage report, the Town may inspect the site to determine that the submittals are current and reflect existing conditions. 5. The Town shall require the plans and specifications to be modified to make them consistent with this code and/or any prior conditions placed upon approval of the project. A grading permit may be issued with additional conditions. 6. When the grading plans (and improvement plans) meet applicable Town codes to the satisfaction of the Town,the Town Engineer will sign the approval block on said plans. E. Preliminary Grading Plan A preliminary grading plan, shall be submitted concurrently with the initial submittal of a preliminary plat and development plans. 2. The preliminary grading plan shall provide (but is not necessarily limited to) the following: a. Limits of grading b. Estimated maximum height of cuts and fills c. Finished slope for cuts and fills d. Existing topography at a minimum 2 foot contour interval e. Sufficient spot elevations (or contour lines) for proposed graded areas f. Other information as required by the Town based on conditions particular to the property proposed for development. F. Type 2 Grading Permit Issuance and Expiration 1. Issuance: Grading permits may not be issued by the Town until the Town Council has approved the final plat or development plan and the necessary assurances have been posted. A copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site. The following list includes, but is not limited to, the items required to be approved or on file with the Town prior to issuance of the grading permit: a. Proof of Review Fee payment b. Soils report c. Salvage per approved salvage plan d. Landscape Plan/Landscape Assurances e. Hydrology Report f. Proof of submittal of EPA N.O.I. in accordance with the U.S. g. Environmental Protection Agency requirements h. Storm Water Pollution Prevention Plan 14 i. Grading Permit application j. Approved improvement plans k. Archeological Clearance letter 1. Restoration Assurance m. Pavement design report n. Copies of recorded easements/letters of agreement o. Executed assurances. 2. Expiration: A grading permit shall be null and void if the authorized work has not been completed within 12 months of permit issuance. 3. At the discretion of the Town, a preliminary Type 2 grading permit may be issued prior to final plat or development plan approval by the Town Council for the purposes of clearing, brushing and grubbing only, provided: a. The Town staff has reviewed the grading plans and determined that said plan is viable; and b. The preliminary grading will occur in accordance with the approved preliminary grading plan (Section 15-302E.) and no clearing, brushing or grubbing will take place within 25 feet from the boundaries of the future development envelope, exclusive of approved entry points; and c. Restoration assurance for the preliminary grading are collected pursuant to Article 4-9 Oro Valley Zoning Code Revised prior to issuance of the preliminary permit; and d. The Town has received a copy of an archeological clearance letter; and e. Town staff members responsible for signing/approving the preliminary grading permit concur with issuance of the preliminary grading permit. G. Type 2 Grading Permit Extension and Reapplication Upon written request by the permit holder, the Town may grant a single extension up to 180 days. Requests must be submitted prior to the date of expiration. Consideration will be given to extension requests when quantifiable evidence is submitted. A reapplication (after the one time extension) for a grading permit shall be treated as a new application and additional conditions may be imposed as a result. H. Changes to Type 2 Grading Permits 1. Hazardous conditions: If drainage problems, flood hazards or other hazards occur, the Town may require that engineering modifications be submitted in a report and that the grading design be modified. 2. Non-hazardous conditions: If unanticipated non-hazardous conditions are encountered during grading, which are beyond the scope of the grading permit, the permit holder may request engineering modifications in a report to be reviewed and approved by the Town. 15 I. Type 2 General Inspections 1. All grading which requires a Type 2 grading permit will be inspected by the Town. The grading permit applicant (or applicant's representative) shall request that a representative of the Town inspect or be on site for the following: a. Limits of grading and temporary fencing to protect natural areas; and b. Rough grading to be done prior to construction of the project. The inspector will verify grading to be within the limitations of approved plans. Certification of the building pad elevation by a registered land surveyor or civil engineer shall be presented to the inspector at this time; and c. Aggregate base course (ABC) material prior to paving and during compaction testing of the same; and d. Paving of public and private streets and compaction/material testing of the same; and e. Open water line (and other utilities as specified by the Town) trenches and backfill materials prior to burial of trench; and f. Any grading activity in addition to what was approved on the grading plans; and g. Stockpiling areas on or off-site; and h. Any specific grading activities or areas identified by the Town at the pre- construction meeting (held between staff and.the contractor at the time of permit issuance) or during the course of construction activities; and i. Any on-site and off-site compaction testing or asphalt coring. 2. The permit holder shall provide the Town with an inspection request notification at least 24 (preferably 48) hours prior to (or as specified on the grading permit) the time the inspection is needed. 3. The Town will provide an inspector within two (2) working days from the time the inspection request is received, with the exception of the final grading inspection done in conjunction with the release of assurances. 4. The final grading inspection shall be done with the release of assurances for civil work or finalization of the project. Final grading inspections may be warranted at an earlier point in the project process. 5. If the Town finds site conditions are not as stated in the approved grading permit conditions or approved grading plan, the Town may order work authorized by the grading permit to stop pursuant to Sections 15-603 through 15-606 . 16 6. Whenever grading work requiring Town inspection is concealed by additional work without first having been inspected, the Town may require by written notice, that such work i s: a. Exposed, for inspection by the Town, at no cost to the Town; or b. Certified by the project civil engineer as being in conformance with approved plans and applicable regulations. J. Type 2 Final Grading Inspection 1. All required grading work shall be completed in accordance with the grading permit prior to final grading inspection by the Town and full release of assurances or final release of the project. 2. Where conditions of a grading permit or grading plan include the establishment of vegetation or other final site grading work that extends beyond the expiration of the grading permit, the Town will make inspections per Sec. 14-210 of the Oro Valley Zoning Code Revised. K. Type 2 Maintenance of Revegetation The Maintenance of revegetated areas shall be in accordance with Section 14-211, Oro Valley Zoning Code Revised. Sec. 15-303 Type 3 Grading Permit A Type 3 grading permit is required to ensure restoration of areas disturbed by the installation of utilities. A Type 3 grading permit is also required to stockpile fill material. A Type 3 grading permit application requires a grading plan and additional plans or permits, when deemed necessary by the Town. A. Type 3 Grading Plan Requirements 1. The plan shall be drawn to a minimum 1" = 40' scale, unless the Town approves another scale prior to submittal. 2. Approximate topography 1' or 2' intervals 3. The plan shall show the location of the site relative to subdivisions, parcel boundaries, roads, washes and other geographic features as necessary to locate the project site. 4. Show the extent of proposed grading activity. 5. Show the type and location of temporary erosion and drainage control devices. Also see Section 15-406. 17 6. Show the type and location of permanent restoration and erosion control measures. 7. Provide a narrative of the work to be done, temporary erosion and drainage control to be implemented, permanent restoration of the site, start and completion date of the project. In the case of material left as a stockpile, include the source of the fill and the proposed stockpile height(not to exceed 6'). B. Type 3 Grading Permit Application and Review 1. The grading permit application, grading plan, and other required materials shall be submitted to the Town of Oro Valley for review. 2. The grading permit application shall be completed and signed by the owner or the owner's authorized representative. 3. Payment shall be made upon approval of the permit, in accordance with the fee schedule adopted by the Town Council. 4. The grading plan will be reviewed for consistency with the applicable regulations and standards, and if approved, a grading permit will be issued. The grading permit may be issued with additional conditions as deemed necessary by the Town. 5. If determined to be inadequate, the materials submitted will be returned for corrections. The applicant may resubmit the corrected plans or materials necessary to conform to submittal requirements without additional fees. 6. A restoration assurance for grading shall be collected pursuant to Article 4-9 Oro Valley Zoning Code Revised. C. Type 3 Grading Permits Issuance and Expiration Upon issuance of a grading permit, a copy of the permit and approved plan shall be kept in a conspicuous and accessible location on the site. A grading permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance. D. Type 3 Grading Permit Extension and Reapplication Upon written request by the permit holder, the Town may grant a single extension up to 180-days. Requests must be submitted prior to the date of expiration. Consideration will be given to extension requests when quantifiable evidence is submitted. A reapplication for a grading permit shall be treated as a new application and additional conditions may be imposed as a result. E. Type 3 Grading Permit Inspections 18 1. Prior to commencement of grading (or stockpiling), the Town shall inspect the site where said activity is to occur. The applicant shall clearly identify areas to be graded (or earthen material stockpiled). Vegetation to be salvaged shall be identified. 2. During construction grading activity, the Town may occasionally inspect to ensure erosion/drainage control measures are in place, functional and maintained. 3. Upon completion of grading activity, the Town shall inspect to verify that all prescriptive requirements of the approved grading plan and permit have been satisfied. The Town will do a similar inspection upon removal of stockpiled material. ARTICLE 15-4. GENERAL GRADING REQUIREMENTS AND NOTES Sec. 15-401 Cut and Fill Limitations Cut and fill slopes shall meet the following requirements: A. The maximum depth of a cut or fill shall not exceed six (6) feet measured vertically from the existing grade to the finished elevation. The depth of a cut or fill slope may be increased to 8 feet when terracing is utilized in conformance with Illustration 9-1.D. The terraces shall be landscaped to the satisfaction of the Town. For any construction, the height of exposed, constructed slopes shall not exceed twelve (12) feet in vertical dimension. Should a PAD (Planned Area Development), existing at the time of adoption of this ordinance, have conflicting cut and fill limitations, the PAD limitations shall govern grading operations within the PAD area. B. Cut or fill slopes 3:1 (horizontal:vertical) or less steep shall be revegetated. Revegetated sites shall be irrigated to establish growth on the slope. Irrigation may cease when plant growth is established to the satisfaction of the Town or after one year after expiration of the grading permit. At the Town's discretion, the Town may retain sufficient funds from the restoration or landscape assurance to ensure revegetation of slopes again, should the initial revegetation efforts fail to become established to the satisfaction of the Town. C. Cut or fill slopes 2:1 or less steep (but steeper than 3:1) shall be rock rip-rapped with filter fabric installed beneath the rock. Filter fabrics used shall meet specifications found in the latest edition of the "Pima County - City of Tucson Standard Specifications for Public Improvements". D. Cut or fill slopes steeper than 2:1 shall have grouted rip-rap or retaining walls as appropriate. No slope shall exceed 1:1. E. Alternative methods of stabilization may be allowed if in accordance with a registered geotechnical (soils)engineer's recommendation and approved by the Town. 19 F. Fill shall be compacted and soil tested in accordance with a soil engineer's recommendations and compaction tests shall be presented to the Town for the permanent record. G. Any structure used to retain slopes shall be designed to blend with the surrounding natural colors of the native rock and soils of the site. The surface shall be rough textured with heavy shadow patterns, which may be achieved by color treated or veneered surfaces (or other methods approved by the Town). H. It shall be unlawful to dump or push dirt of any quantity over an existing slope (unless approved as part of a Type 1, 2 or 3 Grading Plan). Sec. 15-402 Site Revegetation and Stabilization A. All graded areas, except those to be used for agriculture or livestock purposes, shall be revegetated, stabilized and/or constructed prior to the expiration of the grading permit. Should the graded area not be revegetated and/or stabilized per approved grading plans or permit conditions at the time of expiration, the applicant shall have sixty days from the date of permit expiration to revegetate and/or stabilize per approved plans and permit conditions. If after the 60 day period the applicant has not revegetated and/or stabilized graded areas, the applicant is in violation of this ordinance. The Town may use the posted restoration assurance to restore the native vegetative community or complete the revegetation and stabilization per the approved grading plan. B. The applicant shall provide the Town with an assurance in a form approved by the Town (See Sec. 4-903) equal to 120% of the monetary amount necessary to hydroseed and revegetate cut/fill slopes or graded areas. Said assurance shall be posted prior to final plat recordation or, if a non-residential project is involved, prior to any site disturbance. The assurance shall be held until such time as the grading operation, infrastructure installation, building construction is completed to the satisfaction of the Town, or until such time as the project is deemed abandoned. If, after 12 months from the date of commencement of work, revegetation efforts fail to establish growth to the satisfaction of the Town, the Town may use the assurances to revegetate or apply other erosion control methods to cut/fill slopes or the graded area. Upon request by the applicant, an inspection will be performed by the Town for consideration of the release of the restoration assurance. The first inspection shall be at no charge. All subsequent inspections will be per the fee scheduled adopted by the Town. Sec. 15-403 Driveways All driveways shall be paved with a durable asphalt, concrete, brick, aggregate or other surface that will maintain a dust free condition. 20 Sec. 15-404 Slope Setbacks The Town may increase the following slope setbacks, if considered necessary for safety or stability, or to prevent possible damage from water, soil or debris: A. Top of cut slope: The top of cut slopes shall be made not nearer to a site boundary line than one-fifth (1/5) of the vertical height of cut, with a minimum of two (2) feet. The setback may need to be increased for any required interceptor drains. B. Toe of fill slope: The toe of a fill slope shall be made not nearer to the site boundary line than one-half(1/2) the height of the slope, with a minimum of two (2) feet. C. Building: Buildings shall be set back from the toe and top of slopes in accordance with the building codes (minimum 5 feet, see Illustration 9-1.A) and the approved soils report. In addition, the building setbacks of the applicable zoning district shall apply. D. Rights-of-way: The required setback of a slope toe adjacent to a public right-of-way may be reduced with the approval of the Town, if there will be no adverse effect and: a. easements are not required; or b. retaining walls are used. Sec. 15-405 Restriction of Slope Development New subdivisions shall not create lots where access to any individual lot requires crossing a natural occurring slope that is 25% or steeper. Nor shall new subdivisions be created where the actual building area for homes or buildings would require grading activity on slopes of 25% or steeper. For the purposes of this ordinance, a regulated 25% slope is one that is a minimum of 6 feet vertical from toe to top edge, and any 25% sloped area greater than thirty (30) feet in any horizontal direction. The design for new subdivisions shall be created to avoid construction on natural occurring slopes 15% or greater. For the purposes of this ordinance, a regulated 15% or greater slope is one that has a minimum vertical difference of 6 feet from its toe to top edge, and the 15% or greater sloped area extends for a distance greater than thirty (30) feet in any horizontal direction. On parcels or lots with 15% or steeper slopes, any grading on said slopes shall be consistent with restrictions in the Oro Valley Zoning Code Revised, Hillside Development Zone, Article 10-1 of the Oro Valley Zoning Code Revised. The applicant shall also submit slope and soils analysis report prepared by a qualified registrant. The report is necessary to determine that construction on the slopes can be accomplished in a safe manner, and that grading activity and the finished product will not create a hazard to the land owner nor create a hazard or nuisance to adjacent property owners. At a minimum, said report shall provide a foundation design, suggest construction methods to minimize disturbance to the slope and provide a design for drainage and erosion control facilities to be installed during and after construction. 21 Sec. 15-406 Erosion Control Systems A. Permanent systems: 1. Permanent erosion control measures shall be implemented and properly maintained to prevent erosion of slopes, and cleared,brushed, grubbed or graded areas. 2. Where cut slopes are not subject to erosion due to the erosion-resistant character of the native materials, erosion control may be omitted upon approval by the Town. 3. Stabilization devices to prevent erosion or sediment deposition on off-site property may be required by the Town. 4. The shoulders of a paved public or private roadway shall be protected against erosion wherever curbing or constructed spillways are not provided. 5. Surface drainage: a) cut and fill slopes shall be protected from erosion by surface drainage with appropriately designed methods(e.g. surface drainage interceptors); b) drainage control shall be provided to keep drainage away from foundations; c) any grading activities within a regulatory floodplain shall be compliant with the Oro Valley Floodplain Management Ordinance. d) Subsurface drainage: Should subsurface drainage be encountered or expected by the soils engineer or the Town, then appropriate measures shall be employed to ensure stability and protection of affected properties from ground water seepage. Methods used to minimize impact by subsurface drainage/seepage shall be approved by the Town prior to installation. B. Interim systems: Plans for interim erosion control systems shall be submitted with all grading permit applications and shall be approved by the Town. Erosion control measures shall be implemented and properly maintained to prevent erosion of slopes, and cleared, brushed, grubbed or graded areas. Stabilization devices to prevent erosion or sediment deposition on adjacent roads and off-site property shall be required. The applicant shall be responsible for the control of dust emissions and shall use appropriate dust control measures. Applicants who are required to submit an U.S.E.P.A. Notice of Intent (NOI) for coverage under the National Pollution Discharge Elimination System (NPDES) for their project shall provide a copy of the NOI and the Storm Water Pollution Prevention Plan (SWPPP)to the Town prior to issuance of a grading permit. Sec. 15-407 Import and Export of Earth Material A. Loading of earth material shall occur only within the time limits of Subsection 15-408 below, and dust emissions shall be controlled through appropriate dust control measures. 22 B. The transportation of earth material on or across public rights-of-way shall be done in a manner that minimizes blowing soil and other hazards. Sec. 15-408 Hours of Grading A. Grading equipment operation within one-half(1/2) mile of an occupied residential structure shall only be conducted between 6:00 a.m. and sunset Monday through Friday. Grading equipment operation shall only be conducted between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays and Sundays. B. Equipment maintenance involving lights, motors or generators, and occurring within 600 feet of an occupied residential structure, shall not be conducted after sunset, nor before 6:00 a.m. C. The Town may allow grading equipment operation or maintenance during other hours, if such operations are not detrimental to the health, safety or welfare of the residents of surrounding properties. D. Permitted hours of operation or maintenance may be shortened by written notice to the permittee, if the Town finds a substantial adverse effect on the health, safety or welfare of the surrounding community. Sec. 15-409 Phased Grading For all subdivisions containing 75 lots or more, with an average lot size of less than 10,000 square feet, a phased grading plan shall be required with the preliminary plat submittal. The Development Review Board shall review this plan. The Development Review Board shall forward their recommendation to the Town Council for their consideration. For all projects 10 acres or larger requiring development plans, a phased grading plan shall be required with the preliminary submittal. This plan shall be reviewed by the Development Review Board and approved by the Town Council. In considering the phased grading plans, the Development Review Board will review documentation and testimony leading to the following: • A balance in cut and fills, • Efficient installation of infrastructure, • Minimal need for stockpiling earthen material for more than six (6) months, • Minimize the time that graded areas remain exposed, preferably not more than one (1) year. Sec. 15-410 Restriction of Vehicles A. No vehicles or equipment shall encroach onto areas designated to remain in a natural state on the approved final plat, development plan, grading, landscape or native plant salvage plans. B. Points-of-entry to the site during grading shall be only as designated on the approved grading plan. 23 C. Access roads to the site during grading shall be only as designated on the approved grading plan. Sec. 15-411 Additional Requirements A. During grading, and until revegetation or stabilization has taken place, dust shall be minimized through application of approved dust controls in accordance with Section 13-603 of the Oro Valley Zoning Code Revised. B. Public rights-of-way, sidewalks and other improvements shall be maintained during grading in a neat and clean condition, free of loose soil, mud, construction debris and trash. Any damaged areas shall be restored to original appearance at no cost to the Town of Oro Valley. C. Debris, fill or equipment shall not be stored within a public right-of-way without a right-of- way use permit from the Town. D. If applicable, archaeological exploration and mitigation work, as recommended by a qualified archaeologist (see Sec. 15-302A, no. 10), shall be performed prior to commencement of grading operations on the affected portion of the site. If, during the grading phase of construction, unexpected archaeological findings are encountered, said grading shall cease and the grading permit shall be temporarily suspended until the significance of said finding is determined and mitigation is provided by a qualified archeologist. The analysis of any finds shall be provided to the Town prior to reactivation of the grading permit, granting occupancy permits or release of Assurances. The expiration date of a reactivated grading permit may be extended for a period equal to the time of suspension necessary to complete archeological work. E. Adjoining property(ies) shall be protected in such a manner as to prevent damage to said property(ies). Protection from caving, settlement and other similar occurrences shall be the responsibility of the permitee (see Sec. 15-602, Liability). 24 ARTICLE 15-5 EXCEPTIONS AND INTERPRETATION REVIEW Sec. 15-501 Exceptions A. Scope: An exception from a provision of this Grading Ordinance may be applied for, and may be granted by the Town of Oro Valley Development Review Board when the intent of this ordinance can be met by other means and when strict application of these provision could require unnecessary disturbance to the land, would create a hazard to adjacent property, would be materially detrimental to persons residing in the vicinity or would be materially detrimental to the public welfare in general. B. Standards: The Development Review Board (DRB) will review all applications for grading exceptions at scheduled public hearings. When reviewing requests for grading exceptions, the DRB shall consider the six standards listed below. The DRB may grant a grading exception if, after reviewing the evidence associated with the exception request, it finds that a majority (4 or more) of the six standards listed below have been met. 1. That there are special circumstances or conditions applying to the property referred to in the application including its size, shape, topography, location or surroundings which do not apply to other properties in the district; and 2. The special circumstances were not created by the owner or applicant; and 3. That the authorizing of the waiver is necessary for the preservation and enjoyment of property rights; and 4. That any exception granted imposes such conditions as will assure that the authorizing of adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and 5. That the authorizing of the exception will not be materially detrimental to persons residing in the vicinity, to adjacent property, to the neighborhood or the public welfare in general; and 6. That the Town staff recommends approval of the exception. C. Conditions: At the Development Review Board's discretion, conditions may be imposed on the exception that will: 1. Assure that the intent and purpose of this chapter are met; and 2. Provide adequately for the protection of surrounding property owners and residents; and 3. Provide mitigation of scarring and restore the site to a natural appearance in terms of contours and vegetation, where possible. D. Application: The request for exceptions shall be made on a form provided by the Town and may be heard within 60 days. Hearing fees shall be required. E. Review and notice: The Development Review Board will hold a duly noticed public 5 hearing on the exception request and notice of the hearing will be mailed to all property owners within 300 feet of the grading site prior to such hearing. F. A decision of the Development Review Board may be appealed within 20 days of the decision to the Mayor and Council. Sec. 15-502 Requests for Interpretation A. Scope: Upon request, the appropriate Town representative shall render an interpretation of the regulations of this Chapter. Should any person be aggrieved of said interpretation, a request for review of that interpretation may be made to the Development Review Board. At a subsequent meeting, the Development Review Board shall review the interpretation in the matter and render its decision, either to uphold the interpretation, or to make a different interpretation of this Chapter. B. The request for review of an interpretation shall cite: 1. The disputed interpretation; 2. The words alleged to have been misinterpreted. C. Application: The request shall be made on a form provided by the Planning and Zoning Department and will be heard within 60 days. Hearing fees shall be required. D. Review and notice: The Development Review Board will hold a public hearing on the interpretation issue and notice of the hearing will be mailed to the applicant and any other interested, affected party (ies), subject to the Community Development Director approval. 26 ARTICLE 15-6 GRADING PERMIT AUTHORIZATION,LIABILITY, ENFORCEMENT AND PENALTIES Sec.. 15-601 Authorization to Proceed with Work The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the site plans and specifications as approved by the Town. The issuance of a permit, or the approval of drawings and specifications, shall not be construed to be a permit for, nor the approval of, any violation of, or deviation from, the provisions of this, or any other Town ordinance, code or regulation. A permit issued shall become invalid if, in the work completed, a violation of this article or deviation therefrom ensued. When such violation occurs, the permit shall be deemed to be canceled and the ground shall be restored to the condition it was in prior to start of the grading work. The issuance of a permit, based upon drawings and specifications, shall not prevent the Town from thereafter requiring the correction of errors in said drawings and specifications, or from stopping unlawful construction operations being carried on thereunder. The Town may require grading operations and project designs be modified if weather-generated problems occur that were not considered at the time the grading permit was issued. Sec. 15-602 Liability Neither the issuance of a permit under the provisions of this ordinance, nor the compliance with provisions hereof, or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the Town for damage to other persons or property. Sec. 15-603. Enforcement A. The enforcement of this Grading Ordinance and conditions of the grading permit shall be in accordance with this section. B. If the Town makes a determination that non-compliance with the conditions of the grading permit, or any condition imposed by rezoning, plat or plan approval exists, the Town may issue a stop-work order and/or citation. Further, the Town shall hold in abeyance, by written notice, any/all Town review of other submittals related to the subject project and the issuance of Town permits for any aspect of it until remedial actions have received the written approval of the Town. 27 Sec. 15-604 Stop-Work Orders A. Whenever the Town determines that grading does not comply with this ordinance or the grading permit conditions, or that the soil or conditions are not as stated on the permit, the Town may order the work stopped by written notice served on any person engaged in doing or causing such work to be done, and/or issue a citation. Any such person shall immediately stop such work until written authorization is granted by the Town to proceed with the work. Sec. 15-605 Citations If deemed necessary and appropriate, citations for grading violations may be issued. The citation will be issued by the Community Development Director. The Town Engineer shall co-sign citations issued for grading violations occurring within Town right-of-way. Sec. 15-606 Penalties A. Failure to obtain a grading permit: Unless exempted by this ordinance, failure to obtain a grading permit prior to commencement of grading shall be a violation of this ordinance . However, the Town may issue an exception permit if the Town finds that an emergency existed which made it impossible first to obtain a permit. B. Violations: A violation of this ordinance may result in issuance by the Town of a stop-work order and/or a citation and penalties in accordance with paragraph C of this section. . Payment of fine shall not relieve any person from complying with the requirements of this ordinance. C. Penalties: Failure to comply with the approved grading plan, conditions of the grading permit, and/or grading not in compliance with this ordinance shall cause immediate revocation of all permits. At the Town's discretion, a permit may be issued for the purposes of getting the illegally graded site into compliance with the grading ordinance, for the purposes of re-establishing the grades approved on the grading plan, and for replacing and maintaining protected native plant materials or public property destroyed as a result of the illegal grading operation. New permits for continuing the project shall not be issued until the required fines are paid to the Town. The Planning and Zoning Director, upon consultation with the Town Engineer and/or qualified registrants in the landscaping or construction trades, shall recommend the extent of the restorative fines, based on the following: 1. Cubic yards of material, plus labor, to re-establish grades approved on the plan, 2. Replacement of protected native trees destroyed- $30.00 per caliper inch(measured 1 foot above the ground level (See addendum H to Article 14-1), 3. Saguaro Cacti - $200 per foot, 4. Other protected native cacti - $300 per specimen, 5. Material and labor to re-construct/repair damage to public property. 28 Determination of restorative fines for grading violations, pursuant to this section, shall be based upon the type, size, density, distribution, and condition of plant materials destroyed in the act of violating the grading permit requirements, upon the amount of earthwork required to restore the area, and upon the amount of repair necessary to public property where the violation occurred. Fines invoked for the destruction of native vegetation, as outlined above, may be determined upon inspection of the remains of the destroyed plant materials or other physical evidence as may be available. In addition to restorative fines, punitive fines may also be levied. Said punitive fines may be excess of$100,000. 29 6. SECTION 9 ILLUSTRATIONS 9-1.A Cut/Fill/Setbacks 9-1.B Building Height 9-1.0 Site Improvement Standard (1) A Drainage Pattern (2) C Drainage Pattern 9-1.D Terracing/Drainage 30 ILLUSTRATION 9-B BUILDING HEIGHT EXCERPTS FROM THE ORO VALLEY ZONING CODE REVISED: BUILDING, HEIGHT OF shall mean the vertical distance measured from the grade found along the outside walls of a building to the highest point of the building, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is less than 6%. BUILDING HEIGHT (SLOPED AREA) shall mean the maximum vertical distance measured from natural grade to the highest point of the building directly above, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is 6% or more. BUILDING HEIGHT CONTOUR LINE is located at the building height permitted by Oro Valley zoning above the existing pre-development grade and parallel to the contour of the existing pre- development grade. . . , , c . 1 nN • IL . \ m _.. , I.,. 2t- . fii I • Z . x,,. k 1-... ' Z— •W4• � , . . ,......eta.ella..4•• 41.... 11., I . a • J I t • T I \ . i kt / \ . OJ • \ \ , %%IN.. .......1 • k ‘ \ • g" I'L, \ - k N • 1.. k .. • • • ITh. (i) U _ . :, - \). - i ,.\/ \ . ,z ..,1 ,-,< . , . 1, .J . ,it i< k. • \- .. • Q ILLUSTRATION 9-U A CUA/FILLc. N+1d ) ' ----7-)1 • - PROPRrY . L/7 .� PRp47277 p47277 I- .5 , err _ - DIVERS/ON Sw, cur OR' F/L. S _ TV , L..,E _-/-i/2 sar ---,---... .2/MIM l. O • .i H • .: .i( -� NA77J/ I4L oR • Jr.- f/4A//Sf O ADL • .1 t-- TO.E OF5LOP0 ; el.- .� +_,•�- ....Lia--te.o. 4• '' Mrs•�- - • • CUT fIL � SEr -5A L TROM /iVS . . • • . . , . . • • • • • • . ...... • . . . . • __ .- ..,. . .- ,. .. _ • - rota of 1 -r. sLoP,E Th. - • I . �P,fcs opsrRac ZJ,c' `" TOS D�SLOf'� .{ 2 �, - ‘ eut �� • rH ,(.._.9 > CE OP ii____\ �F- P-0077N6 . Ar 011r I i// - • • L a .•. 0 pE's • • • • L L .� GRADING ORDINANCE ILLUSTRATION 9-#- .6 BUILDING HEIGHT EXCERPTS FROM THE ORO VALLEY ZONING CODE REVISED: BUILDING, HEIGHT OF shall mean the vertical distance measured from the grade found along the outside walls of a building to the highest point of the building, excluding any chimney. This definition applies only to a.building footprint where the natural cross-slope is less than 6%. • Maximum Building Height Finish Grade Basement or Foundation s ` • BUILDING HEIGHT (SLOPED AREA) shall mean the maximum vertical distance measured from natural grade to the highest point of the building directly above, excluding any chimney. This definition applies only to a building footprint where the natural cross-slope is 6% or more. • - - Maximum Building Height Measurement Points Added Fill "070,P • Existing Natural Grade • • Cut • • BUILDING HEIGHT CONTOUR LINE is located at the building height permitted by Oro Valley zoning above the existing pre-development grade and parallel .to the contour of the existing pre- - development grade. • • . • �,,,�„�Building Height Contour Line • `ii1111�11 • • �`�` .- __. Existing Natural Grade • ,- _Added Fill • Es 4 GRADING ORDINANCE • ILLUSTRATION 9--1.C( 1) ly (AIL/3 z1/4 icy y • /70 /40•/. • 8 7— z '' 6/s . + >-- -I. °rill ,c7 7S . S/,D fi Y �S ° .) • Z FFE = HIGH T—r• -f 61' 00 4 .. /�j‘,/ in- 7*b t . 6-EV '4?ER -. 1 . * - A , .7... ' '-4\ ' Zo ` o i8 - . 4 Y e a A S1I; wAL , 01-9.' --Er ST E T C tzADS . t� r� `TiF1CPL A LOT ._.... i- .. t 1 DRNENA\-1 1 S LOckro3 : ON rLOWStD O - LOT Tf5- • : . � ` � °A o!) ` It i4 GH 1 D AT' T M ZO ' - 1 °,° Gi ,AD ` - -E )4ic,44 SiL GRADING ORDINANCE ILLUSTRATION 9-1.C( 2 ) • • • FFE = HlGr. - " ,,°417.-. � . • • • • .i • >4� 6 0 fr ZO Nif I• • 100, Gur.$wAy sTFE67 RAcs • • • �• lr . T ( CAL C LOT ... ... -ti a• .j.�•r. .�rr•��4i �'^iS`..:.:'� :.%.� ..� ��... _.•. ..� -,�• �i •'.... �•+�•. 'w:. •S+i:. .•.'I.�.�►.:'t✓if: ....��.. i:..: .:.�+w • ��;..• ':y. w•,,.., u•... ...'•y ��ti av1�!.LI`Y•�•'�:.py:,•1T� ....�.�'1'..�t��sw�:�.�:� i.:.t �1i.. '-. _ S .e.-•may•• •i�=�'i1::.••• " •,• ••fr J{1; k •.1..`.. -;.. ^^..'��.C. .;• �'+..�S: �►��:���,.�('� i:.; �.i1: .. •. .. ' • ; • . : - . (), ' ,. 'l)' ' .! - kki 1 1 . 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TOP 0P CC1 T SLOPE . l • � 4 PROTECIED SLOPE' --�. 7O� O F SL OPE • • I.fie . ..S C7 O,V 77/RQL/S -/ ' D1VERSJOiV SkL/ALE AJC SCALE • • Di EE S!O V �SWA -• • ---,CERA 1101 TO N177/RAIL TOP Or SLOPA - OZI-7L, IF sLiofE . . . • • • . . • _ _ _. - - TOS•-Df SLOPE - • D/VE, S1C/'J SW) . . _ A/OiCAzz •• s •• ,• .• • • .L__. _ -• . _ . . . . . .--.• . •• .i. ` _it- .•• Y,..:��i.��=•t•',tit'•=-y: .'- 'r..•' - -i.. ..�. _ a _ - - • • • • • • • • I k.t . • ,.�•� 4. - .. s rsr ., ,.: .. ,.. .ry • IQ . ''.• ' • '•"*.. -• — ,'•,,,,' •• . . . - :....„.,, ,•.-t,., ' >,;;..'.',...,‘,1?,kt..;.'''',;•;',.•''.. .:..,:,,'..:.;',....'',...:..... *,:,..',•,.. ''a..i' . , i, • ..' a. • . Y - - � • t. .\3kµ.. r�F�.- ��.,.tit- -:r J'. -•yn { F' f ; :"'-.'''.'''--••..-'• ',..,-.:, -1,..—•::'.--,;','.!'''--..,•;,':r - • x •.c • 4. w. < • '''':.'•'...','',;•,',.ita . w': GRADING ORDINANCE 1 AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED AMENDING CHAPTER 2, SEC. 2-101 CHAPTER 2 DEFINITIONS Sec. 2-101 —Add the following new definitions: Access road: A road within one mile of the grading site, designated on the approved grading plan, and used during grading, for the transport of grading equipment, hauling of fill and other equivalent traffic to and from the grading site. Approval: Written notice by the Town accepting the design, progress or completion of work. Approved plan: The most current grading plan which bears the authorized signature of review and acceptance by the Town. Approved testing agency: A testing lab which is equipped to perform and certify the tests required by this ordinance and whose testing operations are controlled and monitored by a civil engineer. Borrow: Earth material acquired from an off-site location for use in grading a site. Brushing: The selective removal of vegetation. Clearing: The substantial removal of vegetation by manual or mechanical means. Cut: Vertical removal of earthen material. Driveway: The principal access route from the roadway adjacent to a lot to the lot's primary off-street parking area. Development Review Board: The Development Review Board of the Town of Oro Valley. Drainage Swale: A designed invert that collects site drainage and directs it to a point of discharge. Emergency: An unforeseen event requiring prompt action. Should action required to alleviate said unforeseen event require a grading permit, the Town will be notified of the action within 72 hours . Envelope, building: a. A dwelling unit and all attached roofed structures, including carports or patio ramadas; 2 ramadas; b. For non-residential development, the building envelope shall be the main building and all attached roofed structures. Envelope, development: The sum of the areas of the permit holder's land to be graded, including the building envelope, accessory buildings, and areas of related parking, driveways, swimming pools, walls and other accessory structures, but excluding individual sewage disposal systems. Erosion: The wearing away of the ground surface as a result of the movement of wind, water or ice. Excavation: The mechanical, manual, blasting or other such means for removal of earth material. Exposed: To cause to be open to view. Fill: Vertical addition of earthen material. Filter Fabric: A woven or non-woven, water-permeable material generally made of synthetic products such as polypropylene and used in storm water management and erosion and sediment control applications to trap sediment or prevent the clogging of aggregates by fine soil particles. Final inspection: Field inspection conducted by the Town prior to project acceptance of release of assurances. Floodplain: The relatively flat areas or low lands adjoining the channel of a watercourse, or areas where drainage is or may be restricted by man-made structures which have been or may be covered partially or wholly by floodwater. Grade, existing: The actual, current ground surface before the issuance of a grading permit. Grade,finished: The final grade conforming to the approved plan. Grade,natural: The topographic configuration of land, prior to any grading or disturbance of the site. Grade, rough: The stage at which grading substantially conforms to the approved grading plan. Grading: The initial clearing, brushing or grubbing, and subsequent excavating or filling of a site. Grading permit: An official document issued by the Town authorizing the grading activity specified by the grading permit conditions. 3 Grading permit conditions: The specifications and requirements of the approved grading plan, soils report or other documents necessary for grading permit approval. Grubbing: The removal of trees and other large plants including their roots. Hydrological Study: A report designed to show the effects of surface water on a specific area. Inspector: A person authorized by the Town to perform inspection on grading work. Mass grading: Grading of the subdivision building site, in its entirety, during the initial development process, as authorized by the approved plans. Retaining wall: A wall designed to withstand lateral and hydrostatic pressures and built to keep earth from sliding. Revegetation: Placement of living plant materials, including, but not limited to seed, on sites or cut and fill slopes where the natural vegetation has been removed. Rip-Rap: A bed or wall consisting of stones placed in an irregular fashion. Rip-Rap, Grouted: Rip-rap that is held together with or placed in cementatious material. Setback: A specific dimension away from a designated location. Slope: Degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90 degree slope being vertical (maximum) and 45 degrees being a 1:1 or 100 percent slope. Slope, Exposed, Height of: Vertical dimension of the exposed slope, measured from the top of the adjacent finished grade to the point where the cut or fill slope intercepts the natural grade. Slope Interceptor Drain: A drainage swale designed to collect and divert the flow of water. Soil: Naturally occurring deposits overlaying bedrock. Soils Engineer of Record: A person whose discipline is soils engineering, who has prepared and sealed a geotechnical report for a specific property. Stabilization: Treatment with mitigation measures in accordance with the erosion or siltation resistance, or the structural strength, of a graded area. Stockpile: The storage of uncompacted earth material. 4 Temporary Fencing: A light, temporary barrier, as approved by the Town, which clearly and conspicuously delineates areas designated to remain undisturbed or that are to be protected during construction. Terrace: A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Town of Oro Valley (Town): The governing jurisdiction, represented by the Town Engineer and Community Development Director or his/her designee. '.', • • • • • • • • • • • , r ,5; . •. • ,* " , • 7 r • a _ m: 1 • . - a - z. - •, • • a - A . • • • ,,�•y.. - . . • _ • > .. • ` i .. • a •, -' • - -,' ... • i - - • • . - . 1--.. • a • - - .. , - - , .l- - -• . :. • ,: i - - , V ,1 - . ... - , t. a ... .. .. .. • +. • •. r. ._ - .. , - _ - .i,. • . ry • - _ .�S • Y +•t ...r. .r ' y -. • - ... - .. '.b i' Sec. 1-808 ADMINISTRATION ARTICLE 1-9. ENFORCEMENT Sec. 1-901 Duties It shall be the duty of the Zoning Administrator to enforce this Code. He shall receive requests for building permits, verify conformance with this Code before such permits are issued, provide for the issuance of permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of this Code are complied with. He shall, when requested by the Town Council or when the interests of the municipality so require, make investigations in connection with matters referred to in this Code and render written reports on the investigations. For the purpose of enforcing compliance with the law,he shall issue notices or orders as may be necessary. EXCEPTION: Chapter 15, of this ordinance, pertaining to grading regulations, may be enforced by the Community Development Director(acting as the Zoning Administrator) and, for violations within the Town right- of-way,the Town Engineer,or a designee appointed by either of these officials. Sec. 1-902 Rules For carrying into effect its provision,the Zoning Administrator may adopt rules consistent with this ordinance. Sec. 1-903 Inspections Building inspections shall be made by the Building Official or a duly appointed assistant. Sec. 1-904 Records A. The Town GleFIE shall keep careful and comprehensive records of permits issued, inspections made,reports rendered and notices or orders issued. He The Town shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. B. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the yr'ceor le . I Sec. I. 905 Reports Oro Valley Zoning Code Revised (Rev.8/94) 1 - 1 Sec. 1-808 ADMINISTRATION ARTICLE 1-10. VIOLATION AND PENALTY Sec. 1-1001 Penalty for Violation Any person, firm or corporation whether as principal, owner, agent, tenant or otherwise who violates, disobeys, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance shall,upon conviction,be punished by a fme of not more than$1,000.00 or by imprisonment for a term not exceeding 6 months or by both fme and imprisonment. Each day a violation continues shall constitute a separate offense. EXCEPTION: Violations of Chapter 15 of this Ordinance, the Grading Ordinance, shall, uon conviction, be punished in accordance with Sections 15-603 through 15-606 Sec. 1-1002 Injunction A. If any grading operation is commenced,or continues, in violation.of Chapter 15 of this Ordinance,or if any building or structure is constructed,reconstructed,altered,repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance,the Town, or any owner or tenant of real property in the same contiguous zoning district as the violation in question,in addition to other remedies,may institute any appropriate action or proceedings: 1. To prevent the unlawful grading, construction, reconstruction, alteration, repair, conversion, I maintenance or use; 2. To prevent the occupancy of the building,structure or land; 3. To prevent any illegal act,conduct business or use in or about the premises;or 4. To restrain,correct or abate the violation. B. When any such action is instituted by an owner or tenant, notice of such action shall be served upon the municipality at the time suit is begun by serving a copy of the complaint on the Town Clerk. C. In any such action or proceeding, the court with jurisdiction thereof has the power and, in its discretion,may issue a restraining order or a preliminary injunction as well as a permanent injunction upon such terms and under such conditions as will do justice and enforce the purpose of this ordinance. Oro Valley Zoning Code Revised (Rev.8/94) 1 -2 TOWN OF ORO VALLEY p a COUNCIL COMMUNICATION MEETING DATE: July K1998 4 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Town Council Policy #7, Food for Public Meetings SUMMARY: The attached policy relating to food for public officials at Town Meetings is being sponsored by Mayor Loomis. The purpose of this policy is to determine when Town Officials are authorized to order food at Town expense at Town meetings. ATTACHMENTS: Town Council Policy #7 - Food Policy for Town Meetings SUGGESTED MOTION: I make a motion to adopt Town Council Policy #7 which outlines the purpose, need, procedure and responsibility regarding food for official Town meetings. / Aaja,e" Town Manager Policy No. 7 TOWN COUNCIL POLICY Date Of Adoption Date of Revision TITLE: FOOD POLICY FOR TOWN MEETINGS Page 1 of 2 I. Purpose and Need for Policy The purpose of this policy is to determine when Town Officials are authorized to order food at town expense for town meetings. II. Policy It is the policy of the Town Council of Oro Valley that food for town officials at public meetings will only be authorized for official town meetings that are held at Town Hall by the Town Council or members of advisory boards/commissions/committees/task forces of the Town Council as follows: Meetings starting either after 7:00 am or before 9:00 am ($5/person) Meetings starting either after 11:00 am or before 1:00 pm ($8/person) Meetings starting either after 5:00 pm or before 7:00 pm ($10/person) Exception to the above policy shall be those meetings that continue throughout the business day as determined by those responsible for accomplishing this policy as outlined in section IV below. III. Procedure to Accomplish Policy The procedure to accomplish this policy will involve the public official responsible for accomplishing this policy to work with the appropriate support staff member to determine which meetings meet the criteria of this policy. IV. Responsibility to Accomplish Policy For Town Council meetings, it is the responsibility of the Agenda Committee to accomplish this policy. For Town Advisory Board/Commissions/Committees/Task Forces, it is the responsibility of the Chair person for that particular group to accomplish this policy. Town Council Policy No. 7 Page 2 APPROVED BY THE TOWN COUNCIL: Mayor DATE: