(A) Purpose.
(1) Protect native plants and to ensure appropriate re-vegetation for all development projects.
(2) Provide for in-place preservation and protection of existing protected native plants and the transplanting of protected native plant materials indigenous to the area and typical of the Sonoran Desert region.
(3) Preserve the organic characteristics of the Sonoran Desert region.
(4) Preserve desert wildlife habitats and food sources.
(5) Require the protection and re-vegetation of protected native plants disturbed during land development.
(6) Encourage the use of protected native plants that are drought tolerant and require low maintenance and minimal groundwater after establishment.
(7) Reduce the potential for erosion by water, wind or subsidence.
(B) Applicability. The native plant preservation requirements shall apply to rezonings, subdivision plats, non-residential and residential construction, CUPs and/or any amendments thereof.
(C) Standards for native plant protection and preservation.
(1) Protected native trees. High rated native trees with a 4-inch or larger caliper trunk (as measured 1 foot from the adjacent ground surface) that are listed in Vol. II, § 1-8-15, Table 8-2 shall be considered protected.
(2) Protected cacti and shrubs. High rated native cacti and shrubs that are 3 feet in height or taller that are listed in Vol. II, § 1-8-15, Table 8-2 shall be considered protected.
(3) Non-protected native plants. All other native plants with less than a 4-inch caliper trunk or 3 feet in height, and with less than a high rating, are considered non-protected and may be offered for salvage to the city, nonprofit organizations or other qualified organizations within 30 days prior to scheduled grubbing and grading operations.
(4) Location/transplanting.
(a) Protected plants. All protected native plants shall be preserved in place or salvaged and transplanted within on-site landscaped areas if located within a grading/construction area.
(b) Non-protected plants. All non-protected native plants shall be placed in a salvage pool for off-site transplanting if requested by the city, or properly disposed of by the property owner.
(c) Temporary nursery. Protected plants to be transplanted shall be maintained in a temporary nursery pending relocation in accordance with the approved landscape plan. All temporary nurseries shall provide automatic drip irrigation and fertilizer to promote plant health, until such time that plants are moved for re-planting.
(d) Donation to city. Any protected native plants that the developer and Zoning Administrator agree cannot be used on-site, may be donated to the city in conformance with the Arizona Department of Agriculture requirements regarding "notice of intent to clear land".
(D) Landscape plan submittal requirements. In addition to the landscape plan submittal requirements described in Vol. II, § 1-8-7, the following additional information is required for properties with protected native plants:
(1) Professional credentials. Landscape plans for property with protected native plants shall be prepared by a pre-approved plant salvage professional with credentials as a Western Chapter International Society of Arboriculture ("ISA") certified arborist. Salvage contractors wishing to be placed on this list must first submit a written methodology for inventory, rating and salvaging plants for city approval. Interested parties may contact the city's Development Services Department for further information.
(2) Landscape plan details. A landscape plan with the following details shall be submitted and approved for properties with protected native plants prior to issuance of a grading and building permit:
(a) A recent aerial photo or site plan showing construction limits and showing an inventory of all protected native plants, in addition to the project name, a scale (minimum scale of 1 inch = 50 feet), a north arrow, a vicinity map, the adjacent street names, and the name of the company performing the inventory.
(b) Identification and inventory of all native protected plants within the area permitted for grading and 50 feet beyond, or to the edge of the property, whichever is the shorter distance.
(c) The salvage status of each plant (i.e., remaining in place, relocating or being removed) with a tag number, species (both common and botanical names), size and general condition of each plant. If a plant is noted as non-salvageable, the reason or reasons for the assessment shall be stated.
(d) The new location and placement of salvaged protected native plant material, including any proposals and justifications for specific plants to be removed from the project site shall be submitted.
(e) Location of any on-site nursery for the storage of salvaged protected native plants.
(f) A copy of the approved and stamped Arizona Department of Agriculture "notice of intent to clear land" shall be submitted.
(E) Plant ratings. The designation of "high rated" plants, as determined by the plant professional, shall be based on the following criteria:
(1) The plant's health reflecting the degree of major infestations or apparent diseases.
(2) The plant's age reflecting the likelihood of transplant survival.
(3) The plant's conduciveness to boxing during the transplanting; tree spading will be allowed on a case-by-case basis.
(4) Ability of excavating existing soil, cohesiveness and ability to support a box transplant.
(5) Accessibility of surrounding topography to box and remove the plant(s).
(6) The likelihood that adjacent plants will not interfere with any root systems or with plant removal.
(F) Mitigation.
(1) Protected native plants harmed by on-site salvage and transplant, or damaged or destroyed during development shall be mitigated by 1-to-1 species replacement with a minimum 48-inch box size for trees and 10 foot minimum height for Saguaro cactus.
(2) Protected native plants that have been destroyed by an act of God shall not be subject to the mitigation replacement requirements as long as every effort to maintain the health of the plant has occurred.
(G) Inspections.
(1) All protected native plants scheduled to remain in place or authorized for destruction, removal or relocation by the approved landscape plan shall be tagged and numbered by the plant specialist prior to an on-site inspection by the Development Services Department staff. Salvage operations shall not commence until the Development Services Department staff has performed an inspection and given approval to begin salvage.
(2) Tags shall be color-coded according to the following schedule so that the status of each plant may be easily identified:
(a) Protected native plants proposed to remain in place shall be tagged with green plastic tape.
(b) Protected native plants proposed for relocation on-site shall be tagged with white plastic tape.
(c) Protected native plants proposed for destruction shall be tagged with red plastic tape.
(d) Non-protected native plants proposed for off-site relocation by the city shall be tagged with yellow plastic tape.
(3) Tags required by this section shall be affixed in a visible location on the plant. The initial inspection will be performed once tagging is completed and an inspection request has been received by the Development Services Department.
(4) Once attached, the tags shall not be removed until the approved landscape plan is implemented and a final inspection has been performed by the Development Services Development.
(5) All areas designated to remain as natural open space or protected native plants designated to remain in place shall be contained with a fence or a durable tape for protection during construction. The Director or designee may allow an alternative method to protect plants during construction. The applicant is responsible for maintaining this "no disturbance" boundary line, and no protected native plants within this protected area shall be salvaged or destroyed.
(6) The city may perform a nursery inspection to verify conditions of protected native plants during construction of the site.
(7) A final inspection shall be performed by the Development Services Department which verifies the required on-site relocation of salvaged plants to their new locations, and the required in-place preservation of protected native plants.
(H) Civil penalties.
(1) Any person who, individually or through the acts of another person, intentionally or negligently damages, destroys or removes from the
site any protected native plant, except as authorized by an approved landscape plan, shall be subject to a civil penalty based on the following:
(a) Protected native trees: up to $300 per caliper inch (measured 1 foot above ground level).
(b) Protected native cacti: $200 per foot.
(c) Maximum per plant: $5,000.
(2) Civil penalties shall be ordered by the Director of designee in accordance with administrative procedures established by the Director.
(3) Determination of the sum of money to be paid to the city pursuant to this section shall be based upon the type, size, density, distribution and condition of the protected native plant materials that existed on the property prior to the violation, or upon inspection of the remains of destroyed protected native plant materials or other physical evidence as may be available. Any party may appeal a civil penalty order to the City Manager or his or her designee by filing the appeal with the City Clerk's Department no later than 20 calendar days from the date of the Development Services Department's civil penalty determination. Within 5 working days, the City Manager or his or her designee shall hold a hearing on the matter. Within 5 working days after the hearing, the City Manager or his or her designee shall send a written determination to the appellant. This decision is final at the city level but can be appealed to the Pinal County Superior Court pursuant to A.R.S. §§ 12-904 et seq. in accordance with similar administrative appeals.
(I) Criminal penalties. In addition to the civil penalties referenced above, any violator of this chapter may be charged with a class one misdemeanor by the City Attorney's office. See criminal penalties under Vol. II, § 1-16-16.
(Ord. 1402, passed 5-6-2014)