A. Purpose. These regulations provide for the preservation, protection, transplanting, and replacement of existing designated native plants including cacti, succulents, trees, and shrubs through the establishment of comprehensive procedures, requirements, and standards which protect the public health, safety, and general welfare.
B. Findings. The town has determined that:
1. Native vegetation within the town is a unique natural resource that promotes tourism and contributes to the economic and aesthetic well-being of the community.
2. Native vegetation, as an integral part of the Sonoran desert, contributes to the high property values, high quality of life, and unique lifestyle which the community enjoys.
3. Native vegetation is important in stabilizing desert soils and providing food and protection for many types of desert wildlife.
4. Native vegetation is more drought tolerant, requires less maintenance, and uses less water than other types of landscaping.
5. Native vegetation is a slow growing type of plant material that cannot always be successfully relocated. A plant of like character cannot replace certain specimen plants, because of their form, age or location.
C. Native plant protection. No person shall destroy, mutilate, remove from the premises or relocate to another place on the premises any cacti, indigenous trees and/or shrubs which are four inches or greater in caliper measured at the base, any plants listed in the endangered species act as threatened, endangered, and category 1, 2 and 3 species, and any plants included in the Marana protected native plant list, without first applying for and submitting a native plant plan to the town. Native understory plants shall be maintained in an existing stand of plants and preserved in place.
D. Applicability. A native plant plan shall be required for all of the following:
1. All new development.
2. Expansions of existing development.
a. If the expansion is less than 25% of the area of the lot or parcel, the requirements of this chapter apply only to the proposed expansion area.
b. If the expansion is 25% or greater or if expansions after October 2, 2001, cumulatively result in a 25% or greater expansion in land area, floor area, lot coverage, or vehicular use area, the requirements of this chapter apply to the proposed expansion area and the remaining undeveloped site area.
E. Exceptions. A native plant plan shall not be required for the following:
1. On sites for which a grading plan is not required or where the total area covered by all grading permits is 14,000 square feet or less.
2. A project on a site that does not contain any plant on the town's protected native plant list, demonstrated by the applicant through photographic and/or on-site verification, subject to the planning department's determination. Supporting photographic verification must be submitted to the planning department for review and approval at the time of development application.
3. Previously graded sites containing no significant native vegetation may apply for a native plant plan exception. Supporting photographic verification must be submitted to the planning department for review and approval at the time of development application.
4. A project that maintains a minimum 30% of the project area as NUOS. The perimeter boundary of the NUOS shall be described and depicted with bearings and distances to assure that the set-aside area equals a minimum of 30% of the project area.
F. Professional expertise. Preparation of all elements of the native plant plan and on-site monitoring shall be performed by one of the following plant professionals:
1. A landscape architect registered in the state of Arizona.
2. An arborist certified by the international society of arboriculture.
3. A horticulturist, biologist, or botanist with a minimum B.A. or B.S. in an appropriate arid environment natural resource field.
4. An individual accepted by the planning manager based on his or her credentials.
G. Native plant permit approval or denial. A native plant plan application may be approved, approved conditionally, or denied.
1. Where the planning manager determines that the application is in conformance with the provisions of this chapter the plan shall be approved with such conditions and assurances attached as necessary to ensure that the site resource inventory and native plant plan are successfully accomplished.
2. Where the planning manager determines that the application is not in conformance with the provisions of this chapter, the application shall be denied.
3. A new native plant plan shall be required to modify, alter or amend an approved native plant plan.
4. Every native plant plan shall expire and become null and void if the work authorized under the provisions of this chapter is not commenced within six months from the date the native plant plan was approved unless otherwise specified as a condition of the plan approval.
5. Before work can be recommenced, a new native plant plan shall be submitted and approved pursuant to the provisions of this chapter.
6. The planning manager shall have the authority to grant a single extension not to exceed 180 days, for completion of the work upon written request of the applicant. Failure to comply with the time limitation without an extension authorized by the town shall require application for a new native plant plan pursuant to the provisions of this chapter.
H. Revegetated areas. Areas the planning manager determines have been successfully revegetated with the type and density of native plants similar to adjacent areas may be considered NUOS.
I. Native plant inventory methodologies. Any combination of at least one or more of the following three methodologies shall be utilized to prepare a native plant plan. The applicant shall conform to all requirements of the applicable set aside methodology, plant inventory methodology or the plant appraisal methodology.
1. Set aside methodology. The preservation and mitigation requirements of this section shall be satisfied by the set aside of an area of the site as NUOS in conformance with the following requirements.
a. The provisions of this section may be combined, or used in conjunction with the provisions of other plant protection methodologies of this section.
b. A minimum of 30% of the site shall be set aside in perpetuity as NUOS.
c. The NUOS set aside area shall consist of the area or areas with the highest resource value as determined by the SRI or other method approved by the planning manager.
d. Boundaries of all NUOS shall be clearly delineated on an aerial photograph and site plan, development plan, or subdivision plat and fenced for the duration of any construction activities.
e. NUOS protection shall include control of invasive species within the area.
2. Plant inventory methodology. The plant inventory methodology is based upon a native plant inventory of all plants on the Marana protected native plant list. The criteria set forth in section 17-11-5 L shall be used to determine the viability and transplantability of protected native plants as well as to determine the numbers and locations of plants required for preservation-in-place (PIP) or transplanted-on-site (TOS). The minimum number of protected native plants required for PIP and/or TOS is based upon a percentage of the viable and transplantable protected native plants inventoried on-site.
a. The minimum standards for the preservation of protected native plants in the plant inventory methodology shall be satisfied as follows:
i. Endangered species and "crested" saguaros. 100% of federal endangered species and crested saguaros shall be preserved-in-place or salvaged and transplanted on-site.
ii. Saguaros and ironwoods. At least 50% of all viable saguaros and ironwood trees shall be preserved-in-place or salvaged and transplanted on-site.
iii. Other protected native plants. At least 30% of each genus and species of other viable and transplantable protected native plants shall be preserved-in-place or salvaged and transplanted on-site.
iv. The provisions of this subsection may be combined, or used in conjunction, with other plant preservation methodologies specified in this section.
3. Plant appraisal methodology. The preservation and mitigation requirements of this section shall be satisfied when the monetary replacement value is determined for each genus and species of protected native plant which is removed from the site, damaged, or destroyed. The provisions of this subsection may be combined, or used in conjunction, with other plant preservation methodologies specified in this section.
a. Site appraisal. A plant appraisal shall be prepared which shall identify and state the financial value of each protected native plant which is proposed to be removed from the site, damaged, or destroyed and shall be keyed to the native plant inventory of the native plant program. The monetary value of these plants shall be paid into an escrow account of the town's choosing, to be used for public works landscaping projects within the town. The plant appraisal shall be conducted by a recognized plant professional according to the most current methods and procedures accepted by the council of tree and landscape appraisers.
b. Expiration of appraisals. Appraisals shall be current within six months of submittal of the native plant program and shall be valid for a period of two years after the plan approval date. A revised appraisal value shall be required for development which does not proceed before the two year time limit of the appraisal has expired.
c. Amendment of appraisals. Where any protected native plant is removed from the site, damaged, or destroyed and is not identified on the appraisal prepared in conformance with the native plant program, the protected native plants shall be appraised pursuant to this section, and the appraisal shall be amended to include all additional protected native plants removed and their financial value.
4. Preservation and mitigation requirements. Protected native plants which are proposed to be or are removed from the site, damaged, or destroyed during development shall be replaced by plants of the same genus and species at a rate of 1.5:1 to account for mortality. The native plant preservation plan shall detail the size and value of replacement plants to demonstrate that the monetary value of replacement plants shall be equal to the monetary value of each species of protected native plant which is removed from the site, damaged, or destroyed.
J. General provisions and submittal requirements. The following general provisions and submittal requirements shall apply to the submittal of all native plant programs and native plant permits:
1. Submittals required.
a. The native plant program shall consist of the information required in this section. Additional information may also be required by the planning manager to insure that the findings of this code are fulfilled.
b. Native plant inventory, containing:
i. Aerial photograph and site plan overlay at a minimum scale of 1" = 100' showing the location of all protected native plants within the proposed affected area and
within ten feet of any construction limits.
ii. List of the number, species, size, general condition, and salvage status of all protected native plants within the proposed affected area that are to be either transplanted on or off-site or preserved in-place. This inventory shall be based upon the criteria set forth in section 17-11-5 L of this code.
iii. The native plant inventory methodology selected from subsection 17-11-5 I, shall include the proposed location of all protected native plants to be relocated within the proposed affected area.
iv. Native plant holding nursery site location where plant material is to be stored.
v. Locations of riparian and xeroriparian areas.
c. If the plant appraisal methodology is selected, a plant appraisal based on a native plant inventory for each plant to be removed from the site shall be submitted.
d. If the set aside methodology is selected; no grubbing, grading, construction, or salvaging of any plants on the site shall take place prior to the submittal and approval. Protected native plants designated shall not be destroyed, damaged, salvaged, transplanted, or removed from the site except in accordance with the approved plan.
K. Plant disposition. The native plant preservation plan shall indicate the disposition of protected native plants in excess of those needed to meet the requirements of this code and other applicable regulations. It is encouraged that all protected native plants that are not proposed to remain on-site be salvaged and transplanted off-site. The plan shall indicate conformance with the requirements of the federal endangered species act and the Arizona native plant law. The planning department shall be provided with verification of required salvage permits from the U.S. fish and wildlife service for the applicable endangered and threatened genus and species and verification of required notification to the Arizona department of agriculture prior to the issuance of a grading permit.
L. Criteria. Protected native plants shall not be destroyed, mutilated, or removed from the premises, or relocated on the premises except in accordance with an approved native plant program required in conjunction with the issuance of native plant permit. No native plant program shall be approved until it has been demonstrated that the following criteria have been met:
1. The density/ intensity of the development for the approved land use shall be an important element in the determination of the base requirements for plant retention and salvage. A site resource inventory (section 17-11-3) shall be submitted and approved prior to submittal element of the native plant program. The native plant program shall provide reasonable plant salvage, protection, and storage and shall insure consistency with existing neighborhood character.
2. The site plan shall be consistent with the site resource inventory and be designed to protect and incorporate significant on site natural amenities (i.e. unique or significant vegetation, unique or significant rock outcroppings, significant riparian habitats and wildlife corridors, etc.) and minimize the number of salvageable plants which need to be removed to allow reasonable construction on the site. These relationships shall promote and enhance the character of the native environment rather than contrast or domesticate it.
3. A vegetation inventory and analysis shall provide a clear, comprehensive review and listing of plant materials, their condition and physical relationships on site so as to aid the site planning and determination of plant salvageability. The native plant viability and transplantability status shall be determined for each native plant of the minimum size and shall be used to determine the numbers and locations of plants required for preservation. The following plant viability and transplantability criteria shall be used:
a. Plant viability criteria. Plant viability is based upon plant health, age and form. Plants rated low are not considered viable and are not required to be assessed according to the transplantability criteria. Plants rated medium or high are considered viable and shall be further assessed under the transplantability criteria.
i. High. A high plant viability rating shall be assigned to plants meeting the following criteria.
a) Health: plant is good to excellent with no major infestations of insects or apparent diseases.
b) Age: plant age is young or mature with likely chance of long survival.
c) Form: plant is relatively undamaged with a healthy branching habit.
ii. Medium. A medium rating shall be assigned to plants which do not meet all of the criteria for a high rating but have sufficient merit to warrant preservation, in the opinion of the qualified plant professional conducting the inventory.
iii. Low. A low plant viability rating shall be given to plants meeting any one or more of the following:
a) Health: plant health is poor. Generally the result of severe infestations of pests or diseases or lack of water over time.
b) Age: Plant is in a state of decline, suggesting a low probability of lengthy survival.
c) Form: Plant form and character is severely damaged. For trees, this may include new branches from large, old, dead trunks or weak branching habit.
b. Plant transplantability criteria. Plant transplantability is based upon plant genus and species, size, soils, context and topography. The following five categories shall be inventoried to determine the ability to salvage the viable plants, which will not be preserved-in-place. Plants rated low for transplantability should not be considered for salvage and transplant. Plants rated medium to high that are not preserved-in-place should be considered for salvage and transplant on-site or off-site.
i. High. A high rating for transplantability shall be assigned to viable plants which also meet the following criteria:
a) Genus and species: Has a high survival rate for reestablishment after transplant.
b) Size: Overall plant dimensions are suitable for transplanting based upon the genus and species.
c) Soils: Can be excavated, are cohesive, and seem capable of supporting the rootball system.
d) Topography: Permits access with the appropriate equipment needed to remove plants and their rootball systems.
e) Context: Adjacent plants do not possess a likely interference with root systems or interfere with plant removal.
ii. Medium: A medium transplantability rating shall be assigned to plants which do not meet all of the criteria for a high rating but do have sufficient merit, in the opinion of the qualified plant professional conducting the inventory, to warrant transplanting.
iii. Low: A low rating shall be assigned to plants which meet the following criteria:
a) Genus and species: Has a low survival rate for reestablishing after transplant.
b) Size: Overall plant dimensions are not suitable for transplanting based upon the genus and species.
c) Soils: Too rocky, sandy, or shallow to excavate a cohesive rootball system.
d) Topography: Seriously limits access to the specimen by the appropriate equipment (i.e., steep slopes, rock barriers).
e) Context: Adjacent plants interfere with removal or present likely conflicts with the rootball system.
4. Areas of the site shall be inventoried to estimate representative numbers of protected native plants. Areas of the site must be inventoried by sampling typical identifiable areas for each genus and species and estimating representative plant numbers per square acre of the total site area. The samples must be representative of the viable species found on site and shall not be less than 20% of the total site. If different plant communities (upland, riparian, valley floor, etc.) are found on one site, then a sample of not less than 20% of each defined community, shall be inventoried.
5. All plants which are salvaged and transplanted on-site shall be rated as viable and transplantable prior to relocation.
6. All protected native plants shall be properly tagged and/ or permitted in accordance with the federal endangered species act, the Arizona native plant law, and this article, as applicable.
7. Once the inventory by sampling is complete, then the field tagging and protection of those plants to be preserved-in-place (PIP) or transplanted-on-site (TOS) can take place.
8. All PIP plants must be identified on an aerial photo and fenced for protection prior to subsequent grading of the site and construction activities. Fencing should include sufficient area to avoid compaction of plant roots. Plants within a designated natural undisturbed open space, under any method, do not require individual tagging since their boundaries will be fenced.
9. Plants to be TOS may be identified and included in a TOS 'pool'. A summary report shall be prepared that identifies all TOS plants by quantity, genus and species. This summary shall be located on the native plant program plan and any associated landscape plan. The selection of specific TOS plants may vary according to field conditions and therefore, final selection will be made by the "plant professional" and the salvage contractor. Once the total numbers of plants to be TOS have been identified in the field, they must be field tagged for TOS.
10. All protected native plants scheduled to remain in place (except those scheduled to remain in place as part of a NUOS area) or authorized for relocation by the approved native plant permit must be tagged with an embossed metal inventory number which cross references to the inventory list and aerial photograph submitted as part of the native plant program, so that the disposition of each plant can be easily identified. Tags required by this article shall be affixed in a visible location on the plant, preferably on the north side of each plant, whenever possible. Once affixed, the tags shall not be removed until the plants are removed or relocated in compliance with the native plant permit and a final inspection has been made.
11. All protected native vegetation to remain in-place as part of a NUOS area shall be adequately protected during grading and construction through placement of a fence barrier surrounding the entire NUOS area. NUOS plants that are to remain in-place as part of a NUOS area, do not require tagging.
12. A conceptual analysis and design of the site vegetation and/or landscaping shall insure that the character of the project be consistent with the natural density, distribution, and maturity of vegetation on adjacent properties.
13. If the conceptual analysis and design reveals an excess supply of onsite salvageable plants, the relocation program shall designate alternative projects within areas of suitable habitat, in municipal, county, state and federal reclamation and re-vegetation projects in addition to off-site privately owned properties.
14. To assure full implementation and completion of the approved plans and permits, the town will require a mutual consent agreement between the town and the applicant signed and guaranteed by cash or a bond acceptable to the town attorney in an amount set by the town manager to guarantee performance of the provisions of the mutual consent agreement.
15. On-site monitoring of all aspects of site clearing, grading, plant protection, preservation, salvage, and mitigation shall be provided during project construction, at the expense of the developer, for all residential development that is over five acres and for all commercial and industrial development that is over one acre. The monitoring shall be performed by an individual who is qualified in arid lands native plant resource identification and protection as specified in subsection 17-11-5 F. The monitor shall provide periodic progress reports to the developer outlining the status of work accomplished and any problems encountered. The town shall receive a copy of these reports for the project file.
a. The monitor shall be responsible for an assessment of the condition of the site's plants one year after the final inspection has been performed on the site. The monitor shall visit the site and prepare a report on plant status, including general plant condition, the identification of plants under stress and the appropriate method to relieve the stress, and recommendations for replacement of plants that are dead or dying. Dead or dying plants shall be replaced with the same size plant at a one-to-one ratio of like genus and species. Copies of the report shall be submitted to the site owner/developer and to the planning department. The owner shall respond to the plant needs as outlined in the status report within 90 days of report submittal or within a shorter period if required to improve the health of stressed plants and prevent plant loss.