HomeMy WebLinkAboutOrdinance 90.03 Adding Title 19 to the land development codeORDINANCE NO. 90.03
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA AMENDING THE TOWN DEVELOPMENT CODE AS ADOPTED
PURSUANT TO ORDINANCE NO. 84.04 BY ADDING TITLE 19
WHEREAS the Town Council of the Town of Marana, Arizona
did, on the 14th day of May, 1984, adopt a Development Code for
the Town of Marana pursuant to Ordinance No. 84.04; and
WHEREAS the Town Council does wish to incorporate into
its Development Code standards for grading and related site work;
and
WHEREAS the Town Council did adopt as a public record
certain Standards for Grading and Related Site Work on the 16th
day of January , 1990.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of
the Town of Marana, Arizona that the Standards for Grading and
Related Site Work, as
16th day of January
by this Ordinance as
approved by the Marana Town Council on the
· 1990, be and the same is hereby adopted
the Town of Marana's Standards for Grading
and Related Site Work, to become part of and be added to the
Town's Building and Development Code as Title 19, as numbered in
said Standards for Grading and Related Site Work.
BE IT FURTHER ORDAINED that any violation of this
Ordinance and the Standards it incorporates by reference is
hereby declared to be a Class 1 Misdemeanor.
WHEREAS, the immediate operation of this Ordinance is
necessary for the preservation of the public peace, health and
safety of the Town of Marana, Arizona, an emergency is hereby
declared to exist, and this Ordinance shall be in full force and
effect from and after its passage and adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town
of Marana, Arizona this 16th day of January, 1990.
MAYOR
Date Signed: Jan. 16, 1990
ATTEST:
~ z~ ~f_ /~
CLERK
APPROVED AS TO FORM:
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MARANA
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A JAN. 18, 1990 BY ORDNANCE 9Q03
TITLE 19
STANDARDS FOR GRADING AND RELATED SITE WORK
Sections:
19.010 Purpose and Interpretation.
19.020 Applicability and Exemptions.
19.030 Definitions.
19.440 General Grading Performance Standards.
t9-050. Submittals and Procedures: Type 1.
19. 060 Submittals and Procedures!. Type 2.
19.070 Inspections and Performance D e f a u l t s .
19.080 Enforcement and P e n a l t i e s .
19.090 Waivers and Interpretat Rev
19.091 Severability.
19.092 Delay Effective Date With Respect to Existing Projects,
19,100 Illustrations.
19.014 Purpose and Interpretation.
A. Purpose
1'. The purpose of this T i t l e is to protect the p u b l i c health ,
safety, general welfare, and aesthetics by regulating
- grading and related si work (including initial clearing,
brushing or grubbing, subsequent excavating or filling, . ar.d
related site work an private and public lard',
lard owned by the Town of Marana.
2. I t es tab 1 i shes standards des igned to
a . Regula the development of p o t e n t i a l l y h 3 �a► ' z
terrain;
b. Conserv the genera v i sua 1 charac ter of s i tts and
settings;
a. Enhance the va of new deve l cpmen t ; and
J . Conserve the value of ex i s t i ? affected Draper t i es
3. The guidelines and s t 3ndards of t i s Title h avo ❑eeTI
Prepared in the co ntext of Town of Marana spec i f is deser t
environment They are intended to compl t ``%e
aop 1 i cable provisions of devel opment code and other ToVjn
ordinances. '
4. Granting of a permit for grading and related s i t e wor
shall not relieve the applicant of r'esp❑ ns i b i 1 i t i es t0
other jurisdictions.
B. I nterpretat ion.
1 This section sha 1 1 be used as a guide whenev 3 co. l : c t
ari -ses i n the i nterpretat ion or enforc e�Tent of this Ti t l
The design, implementation, and mitigation of grading and
related site work regulated by this Title ( 19) shall be
reviewed by the Town of Marana staff prior to the issuance
of any permit to ensure comp with the guideli o f
this Title and the specific standards and requirements o f
this Title.
2. The design and implementation of all grading and related
site work shall:
a. Minimize scars and other adverse visual imoac t•a
resulting from cut and fi 1 1 ;
b. Blend with the natural contours of the l and %
a...1 --
c . Conserve the natural scenic beauty and vegetation ❑ f
the site; and,
d, Restrict the area and vo lumes to the minimum necessary
to implement the planned deve lopment.
3. In all projects, measures shall be taken to:
a. Ensure that graded hi 1 i s i de , slopes, ❑r other areas
subject to erosion are s t a b i l i z e d ;
b Reduce the erosion effects of s tormwa ter d i so-charge,
preserve the flood-carrying capacity of natura or
constructed waterways by limiting soil loss, and'
protect drainageways from siltation;
C, Minimize dust pollution and surface water drainage from
graded areas during grading and development; and
d. Ensure that development activity is designed and
imp lemented to minimize adverse impacts and i nclude
appropriate restorative measures.
19.020 A p p l i c a b i l i t y and Exemptions.
A. Scope:
1 . All development projects shall require either a Type 1 or a
Type 2 grading permit, except as exempted in sub D
of this section.
2 Town development projec shall abide by the requirements
of this Title. The Town Council may grant a spec i a I
exception at a public hearing to a requirement of this.
Title for a Town development p r o j e c t .
B. Type 1 permit a pplicability: A Type 1 permit is required
for •
1 . R e s i d e n t i a l development on - a single lot, with a deve l oam,er t
envelope not exceeding the foll
Lot Area Development Enve 1 vpe
w �.+ �.rrw.r�• ��• - .ice - ^rr
0.5 to 5.0 acre 12 sq, ft, plus
(21 ,780 to 217.540 sq . ft. 9..5J. lot area
5.0 acre and more 15.0% lot area
2. Residential development on a single lot of less than one-
half acre, with a development envelope of more than
twelve thousand square feet
3, Nonres idential development on - 1 - ess than 1,0 acre , or which
does not require a subdivision plat or development plan.
4, The c l e a r i n g , brushing, or grubbing of an area within the
limits given in (9)(1) above,
5. Temporary off- -site stockpiling of between one hundred cubic
yards and ten thousand cubic yards of fill.
6,v Grading -- except when reviewed during a g o l f course
review, a floodplain review, or a Type 2 grading peemi t
review process -- which requires a permanent cut or fill
slope greater than five feet in height and steeper 'than a.
3:1 slope.
7. New pavement of three thousand to five thousand s qu a r e
feet.
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C. Type 2 permit applicability:
for:
1. Residential development on a
envelope exceeding the follo
Lot Area
0.5 to 5.0 acre
(21 to 217,840 sq. ft.)
A Type 2 permit is required
single lot with a development
wing:.
Development Envelope
12,000 sq. ft. plus
9.5% lot area
5.0 acres and more 15% lot area
2. Residential development which requires a subdivision plat
or development plan.
3. Nonresidential development ' on one or snare acres, or w`i ich
requires a subdivision plat or development plan.
• 4. The clearing, brushing, or grubbing of an area exceeding
the standards of subsection ( C) ( 1 ) above.
5. Temporary off -site stockpiling of more than ten thousand
cub yards of fills
6 . . clew pavement of more than five thousand square feet
D. Exemptions: The following activities a exempted from this
Title.
11 Residential development on a single lot, with a development
enve lope of l ess than fo!-ir teen thousand square f ee t.
2. One subsequent ex pansion, by not more than twenty --f i ,: e
percent, of an exempted or approved Type 1 graded area.
3 . The c l e a r i n g , brushing, or grubbing of an area of less than
fourteen thousand square feet.
4. Temporary off - site stockpiling of less than one hundred
cubic yards of f l 1 .
.�--- 5 . Resurfacing or maintenance of an existing paved surf
6. New pavement of less than three thousand square ;f .
7. Single -home, sewage d isposa l system with - a Coun Health
Department permit.
S. Ex'cavat ion below finished grade for a basement, fvLIndat ion,
wall or swimming pool authori :ed by a building permit.
91 Cemetery graves. •
10. Refuse disposal site controlled by other regulations.
1 1 . Exploratory excavation under the direction of a s o i l
engineer or engineering geologist, provided all excavation
is properly backf i l l ed in accordance with Town of Mar ana
standards. .
12. Qualified archaeological exploration of a registered
arch aeo - log ical site.
13. Removal of no more than 25 percent of the i n d i v i d u a l plants
for storage and replanting on the same property. T h i s
provision sha not exempt c l ear i ng , brushing or grubbing.
149 Underground utility installations under a paved roadway
surface or a Continuously - maintained unpaved roadway
• surface and which provide no-disturbance of the surface,
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15. 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, t h i s
Title. Proof of such may be required by the Town of
Marana.
16. Grading for an appurtenant access or utility easement.
17. Grading for normal agricu1 tune practices on or with in
existing areas of agricultural use.
18. Excavations for specific building foundations wh ich are
permitted by issuance of a b u i l d i n g permit.
1 4 0 Projects in the f 1 oodp l a i n which are authorized under a
specific f l oodp l a i n permit.
19.030 Definitions.
A. General usage: The d e f i n i t i o n and usage of terms in t h i s
Title are as con *a i ned w i th i n th i s code , except th a t the
definition and usage of terms describing drainage are as
con to i npd w i th i n the Marana F 1 oodp l a i n Managemen t Ord i nance .
S. Def i n i t ions: For purposes . of this Title only. the fry l l cw i rg
words and terms shall mean:
11 Access road: A read within one male of the grading site,
designated on the approved grading p l a n , and used, during
grading, for the transport of grading equipment, hauling of
f i l l and other equivalent vehicular traffic -a and from the
grading site.
2. Approval: Wr i t ten notice by the Town of Marana s taf f
approving the design, progress, or completion of woi . A
copy of which will be filed in the office of the Planning.
and Zoning Administrator.
30 Approved plan: The most current grading p l a n which b•2ars
the au th❑r i Zed signature of approval of the Town of Marana
staff.
4. Approved testing agency: A facility which is equipped to
perform and certify the tests required by this T.i t l e a$nd
whose testing operations are controlled and monitored by a
Registered Civil Enaineere
5, Borrow: Earth material acquired from an cff -site lucat' ian
for use in grading a site.
6. Brushing: The selective removal cf vegetation.
70 Building height contour line: A contour elevation line set
at the existing grade elevation, plus the maximum building
height permitted by s i t e re.oni ng conditions of this c -cede
and fifty percent of the add i t i vna l height added by
permitted fill. Refer to illustration ( 19. 1CDA. i) .
E3. Clearing: The substantial removal of vegetation.
9, Development Project: Any man -made change to improved or
unimproved real. estate i n c l u d i n g but no t limited to
buidings or other structures, mining, dredging, filling,
grading, paving, and excavating.
10. Envelope, building:
a. A dwelling unit and all attached roofed structures,
including Carports or patio r amadas;
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b. For nonresidential development, the building envelope
shall be the main building and all attached roofed
structures.
II. Envelope, development: The total area encompassed by a
-continuous line drawn a minimum distance of five (5) feet
outside any and all work shown on the approved plan and any
other surfaces which will be disturbed (as access roads).
There shall be no more than one envelope per permit unless
such envelopes are separated by an undisturbed distance of
at least 140 feet.
12. Erosion: The wearing away of the ground surface as a
result of the movement of wind, water or ice.
13. Excavation: The artificial - (e.g. mechanical, mar'ual ,
blasting, etc.) removal of earth materials.
14, F i n a l inspection: Field inspection con.duc ted by the w
of Marana pr to project acceptance or release of
assurances (if required).
15. Grade: The vertical location of the gr surface.
16o Grade, e x i s t i n g : The actual, 4urrent ground surface as of
the of adop tion of the ordinance adopting this T i t l e ,
17. Grade f finished: The f in.al grade conforming to the apprcved
grading plan.
18. Grade rough: The stage at which grading substantially
Lonforms with the approved grading Flan.
19. Grading: The initial clearing, brushing, or grubbing, and
subsequent excavating or Filling, of a site.
20 Grading permit: An off is i a 1 document issued by the Torn. �; f
M arana staff author the grading and related si te. wa nk.
activity s p e c i f i e d by the permit conditions.
21. Grubbing. The removal of trees and alt-hey large plan by
their roots..
22. Inspector: A person authorized by the Town of M arana to
perform inspection on grading or related site work.
23s Permit conditions: The s p e c i f i c a t i o n s and requi of
the approved grading plan, grading statement, soils report,
or other documents necessary for permit approval.
24, Related site-work: Work other than general, or +nays,
grading which involves (1) below - - the - surface operations
( such as trenching for u t i l i t i e s or landscaping) ; (2 )
p l a c i n g of pavement and its substructure; (3) curbs.
gutters, and sidewalk; (4) grading of drain chan - s;
and ( 5 ) constructing minor slope protection fac i l i t iet and
retaining walls.
25. Retaining wal 1 -: A wall designed to withstand lateral and
hyd pressures and b u i l t to keep earth from s l i d i n g ,
and which is two feet or greater in height from the lowest
po i nt of ear th at the foundat i on to the top of the wa 11 .
261 Revegetation: Placement of 1 ring plant material on sites
or cut and fill s topes where the natural vegetation has
been removed.,
27, Site: Any lot or parcel of l and, or contiguous c o m b i n a t i o n
of l o t s and parcels under the sage ownership. or unified
control, where grading or related site work is to- be
per f o r. .
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28. Slope: An inc ground surface, the inclination of
which is expressed as a ratio of horizontal distance to
v e r t i c a l distance,
29. Soil: Naturally occurring deposi overlying bedrock.
30. Stabilized slope: A slope treated with revegetati❑n or
other mitigation measures approved by the Town of Marana
that contribute to resistance to erosion or siltation or to
structural strength of the slope,
31 Temporary stock - pili The storing of a quantity of
m a t e r i a l for no t more than 90 days. A revised period may
be accepted by the Town Engineer, at hi discretion when
the permit is issued, and shall determine. the expiration
date.
19. 040 General Grading and Related Site Work Performance
Standards.
A. Scope: The performance standards of this section are
general grading and related s i to work performance
requirements. Illustrations (see 19.100) elaborate an
minimum performan st and.3rds referenced by this section and
m ay include n,onre gulatory guidelines for superior grading
perf
B. Si te revegetation and stab i 1 i zat icn: All graded areas that
have not been revegetated , stab i l i zed , or cons tructed upon .3 t
expiration of the permit shall be sub ec t to an add i t i ona l
fee and an amended permit and shall be revegetated ❑ r
stab i l i zed within ba days of the expiration date - the
original permit.
C . 0 1 f]�e5 : A ex posed cut or f i l 1 � 1 op e S 5ha � � be T` eveget a ted
or. s t a b i l i z e d in accordance with the appro %red grading plan.
Do Terracing: Terracing to control surface drainage and debris
on cut or fill s 1 opes may be required.
E. Fill: Fill shall be compacted and soil-tested in accordance
with Town of Marana standards.
Fe Setbacks: The following minimum setbacks shall be increased.
by the Town staff if c❑rrs i dered necessary for safety or
stab i 1 i ty , or to prevent p o s s i b l e damage from water, s o i l or
debris:
1 1 Terraces: The width of a terrace shall be a minimum of six
feet.
2. Buildings:. Buildings shall be set back from the tce and
crest of slopes in accordance with this Title, the Town of
Marana building code, or the approved soils report,
whichever is greatest,
3, Rights -of -way: The required setback of a slope toe
adjacent to a p u b l i c right-of-way may be reduced w i t h the
approval of the Town of Marana staff, if there wil be no
adverse effect and:
a. Easements are not required; or
b. Retaining walls are used.
G o Building height The f i n i grade and b u i l d i n g pad shal
be established so that the maximum building height shall not
exceed the b u i l d i n g height contour lines.
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H.
Drainage control systems:
1.
Permanent systems:
a. Erosion control shall be constructed and maintained to
prevent erosion of slopes, and cleared, brushed ,
grubbed, or graded areas, in accordance with the
approved grading plan and Town of Marana standards,
b. 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 of Marana.
C. Erosion control devices to prevent erosion or sediment
deposition on off- -site property may be required.
d. The shoulders of a paved public or private roadway
shall be protected against erosion wherever curbing or
c o n s tructed s p i l l w a y s are not provided.
e. Surface drainage :
1 f . Cut and fill slopes shall be provided w th
approved surface drainage for stability and
erosion protection of affected properties.
2 . Approved surface dra inage int e rc eptors sha 1 l be
provided at the top of cut and f i 1 1 s lopes where
there is surface runoff and erosion pc tent i a l .
3) , Approved drainage slopes to protect foundat ions
shal be provided.
f, Subsurface drainage: Subsurface drainage for stability
and protection of affected properties from ground tya ter
seepage may be required by the Town of Marana staff.
2.
Interim systems: Approved interi drainage con tro l sy ate,m^s
-=ha be provided.
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Import and export of earth m a t e r i a l s :
1 1
Loading of earth material shall occur o within the t . +,e
limits of s ubse c tion J of this section, acid du t
palliati shal be applied as may be required by the Town
of Marana staff.
2.
The transportation of earth material on public right --of -way
shall be in a manner that min b l o w i n g so and o t her
hazards.
J.
Hours of construction:
ill
Construct equipment operation within one -half mile of an
occup ed structure shall not be conducted between surse t
and seven a . m .
2.
Normal equipment maintenance involvi lights, mo tors or
generators, and occurring wi th.in six hundred feet of an
occupied structure, shall not be conducted between nine
p.m, and seven a.m.
.3.
Tcwn of Marana staff may allow equipment operation o
maintenance during other hours if such operations are not
detrimental to the health, safety, or welfare ❑ f the
inhabitants of the structure.
4.
Permitted hours of operation or maintenance may be
shortened 'by written notice, if the Town staff finds a
substantial adverse effect on the health, safety or
welfare of the surrounding community*
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K. Restrictions of vehicles:
11 No vehicles shall be driven over "natural open space
areas", as designated on the approved grading plan.
2. Points --vf -entry to the site during construction shal be
only as designated on the approved grading plan.
3. For Type 2 permits, access roads to the site during
construction shall be only as designated on the approved
grading plan.
L . A d d i t i o n a l requirements:
11 During construction, and until revegetativn or
stabili has taken place, dust shall be minimized
through application of approved dust contro as may be
required by Town of Marana staff.
2, Public rights-of-way, sidewa and ❑ th i mpr c vemen t s
shall be maintained during construction in a neat and clean
condition, free of loose soil, construction debr is , and
trash.
3. Debris, fill, or equipment shall not be stored within -a
p u b l i c right -of-way without the vir i tten aporvva 1 of the
Town of Marana.
4. Cut or fill material in excess of that allowed by the
Perim i t sha.1 1 be d i sp❑sed of i n an approved inannel .
19.050 Submittals and Procedures: Type 1 .'
A. Scope: An application for a Type 1 Fermi It requires a
completed permit application, grading plan, ar,d grad i r:g
statement. A survey sealed by a registered land Surveyor i
not required.
8 1 Grading p l a n requ i t emen t s
The. existing and pr oposed f inished grade of the area t^ We
graded, based on spat e l e v a t i o n s or one -f❑o t core :our
interval maps;
21 The extent of graded areas, shaded and 1 abe ? ed " gr a aled
area ", and, where structures are to �oe constructed:
.a. The existing grade at the primary building corners and
proposed finished floor elevations; and
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b. The proposed bu i 1 d i.ng he sh❑wo to be w ithin the
building height contour l ine; ,
3, The location of proposed m i t i g a t i v e measures, such as
revegetativn or retaining_ walls;
4. The exterior boundaries of the site;
5. Access roads and points-of-entry to the cons true t i or. SI te;
6a The grading envelope.
C. Grading statement: A written grading statement shall be,
submitted with an application for a permit. The statement
sha 11 i nc lude, where app 1 icab 1 e:
1. A description of stabil ization, erosion, and drainage
control measures;
2. The off - site disposal location and estimated quantity of
earth material and vegetation to be removed from the site
during construction;
3. Estimated starting and completion dates;
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4, A description of the dust control method to be used dur i ng
construction and until revegetat ion or stabilization has
been completed.
D. Documents preparation:
10 'Documents sha 1 1 be prepared in accordance with the
requirements of this Title and other Town of Marana
standards.
2. Information shall conform to the specific plan, rezoning
conditions (where applicable) , and other app t i c ab 1 e
regulations.
E. Application:
11 The 'permit appl icat ion, grading plan, and other required
m a t e r i a l s shall be submitted for review to the Town of
Marana.
2. The permit application shall be completed and signed by. the
owner or authorized representative.
3. Fees are payable to the Town of Marana in accordance with
the fees schedule ad❑p ted by the Town of Marana.
F. App l ica't icon review:
1 . ' T h Sa grading p l a n and statement shall be rev i ewed for
consistency with applicable regulations and standards, and.,
i f approved , a perm i t sha 1 1 be i ssued w i th i n f i ve wor k i ng
days of application.
2. If determined inadequate, the application shall be raturned
w i t h i n f i v e working days and the owner may resubm i t
without a d d i t i o n a l fees, an amended grading p l a n or
statement.
31 If a second additional submittal is required, it sha11 be
accompanied by a fee equal to ore -half of the i ; i t i a l fee.
4, The Town of Marana shall require that p Lans arid
spec i f i ca t ions be modified to make them consistent vii th
this code or other appl icable regulations. A permit may be
issued with additional conditions.
G. Permit issuance and expiration:
11 Issuance: Permits are issued by the Town of Marana, A
copy of the permit and approved grading p l a n shall be L: ep t
in an easily accessible location on the site.
210 Expiration: A permit shall be nul 1 . and void if the
authorized work has not been completed within six months of
permit issuance.
H. Permit extension and reapplication:
11 Extensions: Upon written request by the permit holder, the
Town of Marana may approve a single time extension of a
permit for up to 90 days.
2. Reapplication* Reapplication for a permit may be made in
accordance with this Title.
I. Changes to permit:
le Hazardous conditions: If drainage problems, f l ood hazards,
or other p o t e n t i a l hazards become known that were not
considered at the time the permit was issued, the Town of
Marana may require that engineering modifications be
submitted in a report and that the design be modified.
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2. Nonhazardous conditions: If unanticipated nonhazardous
conditions are encountered during construction and are
beyond the scope of the permit, the permit holder may
submit the necessary engineering modifications in a report
t❑ be reviewed and approved by the Town of Marana .
19.060 Submittals and Procedures: Type 2.
A. Scope: An application for a Type 2 permit requires a
completed permit app l i cations, grading p l grading
statement, and soils report. Where applicable and not
otherwise submitted, drainage improvement plans shall be
required a l s o .
S. Grading plan requirements:
11 The existing and proposed finished grade contours (except
as amended in subdivision 2 of this subsection ) of the
area to be graded, at a minimum of two-foot contour
intervals for slopes up to f i f teen percent, Slopes over
fifteen percent shall be i d e n t i f i e d clearly and I .abe 1 ed .
2. The development evrae lope , showing the extent of graded
areas , shaded and labeled "graded area" , and , where
structures are `,:o be constructed:
a. Spot elevations ,nay be shown for the f i n i shed ❑ rade
within the b u i l d i n g envelope:
b . Fa 1 1 bu i 1 d i -ng Pads, showing the existing grade a e
primary building corners and proposed f in:shed `Ioo.r
elevations; and
C, The proposed b u i l d i n g height, shown to be :y i th i n the
b u i l d i n g height contour - line.
31 T`ie general topography for ane hundred feet , ar as
sgzc i f ied by the Town of Marana, outward from sites greater
than five acres: the Town may determine tha t such
information is necessary for Smaller sites.
4. A description of the mitigation methods, specifying
elevations, dimensions, qualities and locations, to be used
during grading and until revegetat ion or stab i l i zat ion' has
been completed.
5. The exterior boundaries of the site, the basis of bearing
and a benchmark to establish the ver t ica datum.
6, The extent and manner of preserving, relocating, clearing
and disposing of vegetation.
7, The f i n a l ground cover, reveget a t i on (if any) , erosion
contro l and proposed methods for cut or f i l l stab i l i za t ion,
based upon the so i Is report ( refer to subsection C of - t h i s
section).
Be Access roads, haul routes, and points -of -entry to the
construction site.
91 Where drainage improvement plans have not been submitted
separately or where i n t e r i m drainage cond i t ions 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.
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10. A general description of potential paleontological,
archaeological or historical resources, and proposed
m i t i g a t i o n measures; or a clearance letter from a qualified
archaeologist or archaeological institute.
11 . The off- -site disposal location and estimated quantity of
earth material to be moved from the site during
construction,
12. Estimated starting and completion dates for each
construction phase.
13. For superior project design and construction performance,
it is encouraged that the project designer prepare fr;r
project design use an existing site inventory, iden tl, ifying
and quantifying vegetation, soils, on-- and - off -site view-
shed constraints, slope analysis, and drainge.
C. Soil report:
1. The report shall contain all geotechnical engineering
i nformat i on and recommendat i ons app 1 i cab 1 e to the project,
and shall be sealed by the Soils Engineer prior t❑
submittal.
2 . . The Civil Eng i neer responsible for preparing the grading
plan shalt i ncorporate al I repor t recommendat ions i nto `he
plan and statement.
3. Approved report recommendations shall become co-ed i t i oils of
` the permit.
D. Documents preparation:
1 . Documents shall be prepared in accordance Y•s i th the
Provisions of this Title and standards of the Town of
Marana .
2, Information shall conform with r- eZoni n cotid i t i 4 : .37
other applicable regulations.
3. Grading plan preparation: The plan shall be prepared by,
or under the direction of, a Registered Civil Engineer.
Ee Application:
I* The permit application, grading plan, and other required
materials shall be submitted to the Town of Marina for
d i s t r i b u t i o n to the applicable Town of Mar ana review
agencies.
2, When desired, a letter of request + to exerc i se the
inspection c e r t i f i c a t i o n option ( refer to Sec_ t i cn
19.0708) shall be submitted with the application.
30 The permit application shall be completed and signed 'by
the owner or authorized representative.
4, Fees are payable to the Town of Mar ana in accordance with
the fees schedule adopted by the Town
5, At the discretion of the Town of Marana , assurances may be
required in accordance with Section 19,070E
(Subdivision Standards) .
F., Application review:
1 Grading and related site work plans and related submittals
shall be reviewed concurrent wi th, the tentative plat or
development p l a n review process for the project.
11 Ow 4M
2. Plans and reports shall be reviewed for consistency with
a p p l i c a b l e regulations and standards, and with the approved
rezoning site analysis (if required) . If determined
inadequate, they shall be returned within ten working days.
3. Written review comments shall be provided to the applicant
within twenty working days of each submittal or
resubmi ttal . Two submittals are covered by the int ial fee.
An added fee of 50 is required with third s u b m i t t a l ,
4, Prior to approval of the grading plan, the Town of Marana
shall inspect the site to determine that the sbum i t to 1 s are
current and reflect existing c o n d i t i o n s .
G. Preliminary grading:
10 Preliminary grading approval: A preliminary grading permit
for clearing, brushing, grubbing, prel iminary excavation,
❑ r filli may be issued-in spec circumstances at the
discretion of the Town of Marana while the grading p l a n is
being reviewed, provided:
a. The Town of ~Marana finds that the proposed grading is
consistent with this Title and code, the submitted
grading plan, and the approved tentative plat or
reviewed development plan;
b. The Town of Marana finds that the proposed grading wi
not have an adverse effect on the grading project and
surrounding area;
C. Prel i m inary grading shall occur no less than t.4enty
feet from the boundaries of the devel opment envelope,
exclusive of approved po and
d. Preliminary grading assurances have been provided in
accordance with subdivision 2 of this subse= t i on .
2. Preliminary grading assurances:
a. When approval has been granted for preliminary grading,
grading assurances shall b posted in an amount not to
e:{ceed the approved p r e l i m i n a r y grading cost estimate
made by a Registered Civil Engineer.
b. The assurances shall be applied o n l y to
1). Eliminate potential hazardous conditions; or
2) . . Mitigate the effects of ' dust, drainage, erosion,
visual scars or hazardous' conditions, in
accordance with the approved design,
C. The assurances shall be released by the Town of Marana
when the p r e l i m i n a r y grading has been i nspec ted and
received the written approval of the Town of Marana.
Final approval of a permit shall not require the
release of the assurances in the event of p r e l i m i n a r y
grading noncomp 1 i ante.
H, Permit issuance and expiration
ill Issuance; Permits shall be issued by the Town ❑f. Marana no
earlier than at the time of Town of Marana written staff
approval of the tentative subdivision plat or development
p A copy of the approved permit with p l a n shall be
kept in an easi accessible location on the site.
29 Expiration: A permit shall be null and void if the
authorized work has not been completed within one year of
permit issuance.
_� 12 qr IV
I. Permit extension and reapplication:
is Extensions: Upon written request by the permit ho 1 der , the
Town of Marana may approve a single extension of a permit
for up to 180 days,
.20 Reapplication; Reapplication for a permit may be made in
accordance with this Title,
J. Changes to permit
1, Hazardous c o n d i t i o n s : If drainage problems, flood hazards ,
or other potential hazards became known that were not
considered at the t i me - the permit was issued, the Town of
Marana may require that engineering m o d i f i c a t i o n s be
submitted in a report and that the grading des i gn be
modified.
2 . Nonhazardous c o n d i t i o n s : If unanticipated nonhazardous
conditions are encountered during constructions and are
beyond the scope of the permit, the permit holder may
submit the necessary engineering m o d i f i c a t i o n s in a report
to be reviewed and approved by the Town of Marana.
19.070 Inspection and Performance Defaults.
A . General inspections:
1. All construct ion which requires a permit shall be inspected
by the Town of Marana in accordance with the permit
a. The inspection schedule shall be prepared in advance
and approved by the Town of Marana. Fees shall be
based on the inspection schedule and payable to the
Town of Marana in accordance with the fees schedule
adapted by the Town.
b. The permit holder shall request inspection a t least t:Jo
f - .al 1 working days prior to the anticipated need.
2. If the Town of Marana finds site conditions are not as
stated in the approved permit cond i t ions, the Town of
Marana may order work authorized by the permit to s top
until a revised grading p l a n has been approved.
3 . Whenever grading work requiring Town of Marana i n s p e c t i o n
is concealed by a d d i t i o n a l work without first having been
inspected, the Town of Marana may require, by written
notice, that such work be
a. Exposed, for inspection by the Town of Marana, or , a t
the option of the Town of Marana,
b. Certified by the project Registered Civil Engineer as
being in conformance with applicable regulations.
B. Inspection certification option:
11 Upon approval by the Town of Marana, the owner may retain a
Civil Engineer, registered to practice in the State of
Arizona, to:
a. Perform the required construction inspection.
be Certify, upon c o m p l e t i o n , that the construction has
been performed and completed in accordance with the
permit cond i t i ons , the approved plans and
spec i f i ca t i ons, and with applicable Town of Marana
standards.
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r
21 The owner shall submit, in writing, to the Town of Marana,
a request to invoke this option. The request shall name
the proposed Civil Engineer and present his qualifications.
3. The Town of Marana reserves the right to either accept or
- deny the request.
4. If the request is to be granted, the owner and the engineer
shall execute a written agreement, on a form to be supplied
by the Town, cl early enumerating the responsibil of
all parties to the process.
5. The Civil Engineer shall make periodic reports to the Town
as construction progresses and shall maintain records -for
'filing with the Town at completion.
6, The Town of Marana may p e r i o d i c a l l y inspect the w ork and
will monitor the progress.
7e The Town of Marana will conduct a f i n a l inspection . upon
receiving notice of completion and w i l l release all parties
from the permit only after all provisions of the permit and
the agreement have been complied
B. The owner, in receiving a permit for co nstruction, shall
guarantee all work accomplished under the permit for a
period of at least one year f o l l o w i n g accep tar.ce of the
project and release of the permit.
C. F i n a l inspection of rough grade:
1. All rough grading shall be camp l e ted in accordance with the
permit prior to final rough gr ade inspection by the . Town of
Marana.
2. The final inspection shall be conducted by the To1f,n
engineer prior to issuance of a certificate of substantial
conformance or release of assurances of required) The
permit holder shall provide a minimum of forty- -eight hours'
notice to the Town of Marana when any phase of rough
grading is ready for final inspection.
30 The Town of. Marana may approve completed rough grading
prior to completion of related work in cases of extreme
hardship or where grading has been designed to be completed
in phases, provided that no hazards exist and a
performance bond has been posted to ensure complet of
remaining construction work of that phase.
4. The soils report. and certification of substantial
conformance shall be submitted to the building official
prior to issuance of a b u i l d i n g permit.
D. Final inspection:
I. All required construction work shall be completed in
accordance with the permit prior to f i n a l inspection by the
Town of Marana and issuance of a certificate of f i n a l
approval.
29 Where the conditions a permit include the establishment
of vegetation or other f i n a l site work that extends beyond
the expiration of the permit, the Town of Marana shall make
a post-construction inspection within six months of permit
expiration or as required by the permit.
4. 14 -90�
E. Maintenance of revegetation:
1. Maintenance of approved landscaping and revegetated graded
areas. shall consist of regular watering, pruning,
f e r t i l i z i n g , c l e a r i n g of debris and weeds, the removal and
.replacement of dead plants, -and the repair and replacement
of irrigation systems and architectural features.
2. Maintenance assurances: The final approval of any
subdivision plat or development plan that includes an
approved f i n a l landscaping plan shall require covenants or
assurances which:
a. Ensure the continued maintenance of required
landscaping, buffering and associated irrigation
systems: and
b . Assign the respons i b i 1 i ty ❑ f maintenance to the
property owner or agent, a homeowners' association or
other liable entity.
F. Compliance: Town personnel, q u a l i f i e d in landscape
architectural review w i l l periodically spot - inspect landscape
installations for compliance with this Title and approved
landscape plans.
19.054 Enforcement and Penalties.
A. Permit enforcement:
i . The enforcement of this Title and conditions of the permit
shall be in accordance with this section.
2. When the Town of Marana staff determines a iron -comp 1 i ante
with the conditions of the permit, the Town of Ma ^ana staff
shall issue a stop -work order and hold in abeyance, by
written notice, the Town of Marana review of other
submittals related to the development project and the
issuance of Town of Marana permits for any aspect of the
development project until remedial actions have receA ved
the written approval of the Town of Marana staff .
S. Stop -work order:
le Whenever the Town of Marana determines that grading does
not comply with this Title or the permit conditions, or
that the s o i l or other conditions are not as stated on the
permit, the Town of Marana may order the work stopped by
written not-ice served on any person engaged in doing or
causing such work to be done.
2. Any such person shall immediately stop such work .until
authorized by the Town-of Marana to proceed with the work.
C. Penalties:
1. Failure to obtain permit: Unless exempted by this Title
( refer to Section 19.020D) , failure to obtain a permit
prior to commencement of grading shall be a v i o l a t i o n of
this code. However, the Town of Marana may issue - an
exception permit if the Town of Marana f i nds that an
emergency existed which made it impossible first to obtain
a permit.
4ft -am 15
2•4 Violations:
work order,
with the To
this Title
Payment of
person from
this Title.
Title exists
A violation may result in issuance o a stop -
and penalties may be assessed in accordance
wn of Marana Development Code. A v i o l a t i o n of
shall also constitute a Class 1 misdemeanor.
any fines or p e n a l t i e s sha l l not relieve any
otherwise complying with the requirements of
Each and every day that a violation of t h i s
shall be deemed to be a separate offense.
19.090 Waivers and Interpretation Review.
A. Waivers:
1. Scope: A waiver from a provision of this Title may be
granted by the Town of Marana staff when the s t r i c t
application of the provision would require work by the
permit holder detrimental to the purposes of this Title and
cause an unnecessary hardship to the property owner.
2.0 Standards: A waiver shall not be granted unless:
a. The waiver is the minimum necessary to afford relief;
b, The waiver w i l l no.t be materially detrimental to the
rights of owners and residents of other affected
properties; and
C . The waiver is in harmony with the intent, the purposes,
and the provisions of this Title from which the -waiver
is requested.
3. Conditions: Conditions may be imposed on a wa i ver ' ha t
will:
a. Secure the intent, the purposes, and the provisions of
this Title from which the waiver is granted; and
b. Provide adequately for the protection- of surrounding
property owners and residents.
4, Appl icat ion: The request for a waiver shall 'be made on a
form provided by the Town of Marana staff and shall be
heard within thirty days, Fees shall be paid in accordance
with the fees schedule adopted by the Town of Marana,
5. Notice and Review: Notice of the application and the
hearing shall be m a i l e d to all property owners within 300
feet of the site and shall be posted at the Town's o f f i c i a l
notice positions. The Town Manager sha 1 1 h o l d a hearing
on the waiver request and render a decision within five. (5 )
working days thereafter.
6. Appeal: Within fifteen (15) days of receipt of a notice of
decision from-the Town of Marana, the a p p l i c a n t may file an
appeal for a hearing by the Town Counci 1 e
H. Interpretation review:
1 . Scope:'
cope : ' Upon request by an affected person who believes
there has been a misinterpretation, the Manager of the Town
of Marana shall review an interpretation of a provision of
this Title made by a Town official.
2. The request for review shall .cite:
a, The disputed interpretation made by the Town o f f i c i a l ;
and
be The words alleged to have been misinterpreted.
ww- 16
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3. Application: The request shall be made in writing and
shall be heard within thirty ( 30) days. Fees shall be
paid in accordance with the fees schedule adopted by the
Town of Mar ana .
4e Notice and Review: Notice of the application and the
hearing shall be mailed to all property owners within 300
feet of the site and shall be posted at the Town's
official notice positions* The Town Manager shall hold a
hearing on the request and render a decision within five
( 5) working days thereafter.
5. Appeal: A decision of the Town Manager may be appealed to
the Town Counc within f days of the decision.
19.491 5everability.
If any provision of this Title or its application to any
person or circumstance is held invalid or unconstitutional, the
inva lidity or unconstitutionality does not affect other
provisions or applications of this Title which can be given
effect without the invalid provision or application, and to t h i s
extent the provisions of this Title are severable.
19.092 Delay Effective Date With Respect To Existing Projects.
Any project or action or use which would be regulated under
the provisions of these standards and which would require a
permit, but which are in operation on the date that these
standards are adopted by Ordinance of the Town Council, shall
have a period of not more than 64 days from the date of adoption
of these standards to comply with all of the requirements as set
forth in these standards.
19.100 Illustrations.
"a,_ 17
Building !-[eight Contour Lint
maximum zoning
building height building height
minus x/2 contour Itns
Comparison Of Slopes
slopes no greater than 3:1
require revegetation
13' 33 % 26 %? 12%
1 11+y :1
2:1 1 3:1
1 11+lr 2 3
steep slopes
over 3:1 require
mechanical stabilization
_ _ 18 , _
existing grade