A. Applicability. Except as provided in paragraph B below, the requirements of this chapter apply to all development for which any of the following conditions apply:
1. On sites for which a grading plan is required or the total area covered by all grading permits is fourteen thousand (14,000) square feet or more;
2. On sites for which approval of a development plan or subdivision plat is required and for which a tentative plat or development plan is first submitted:
a. After the effective date of this chapter; or
b. Prior to the effective date of this chapter and for which a final plat or development plan is not approved within one (1) year of the effective date of this chapter.
3. On sites with a subdivision plat or development plan that was approved more than one (1) year prior to the effective date of this chapter and for which permitted on-site infrastructure construction for at least one (1) of the following major site improvement categories has not commenced prior to the effective date of this chapter and has not been completed within one (1) year of the effective date of this chapter:
a. Mass grading and drainage improvements;
b. Water or sewer mains or treatment facilities; or
c. Major streets.
B. Exceptions. The requirements of this chapter do not apply to the following:
1. Utility construction within a public utility easement or public right-of-way associated with a development plan, subdivision plat, or lot development.
2. Development on a lot recorded prior to the effective date of this chapter which meets the following conditions:
a. A development plan or subdivision plat is not required and the total area covered by all grading, grading permits, and ground disturbance is less than fourteen thousand (14,000) square feet; or
b. A development plan or subdivision plat is required and for which an analysis submitted by the property owner and approved by the planning official confirms that the net area of the lot is thirty-six thousand (36,000) square feet or less excluding the following:
1) Pima County requirements for setbacks, open space, bufferyards. The required bufferyards may be increased up to fifty percent (50 percent) at the applicant's discretion subject to approval by the planning official. Plants added for the bufferyard increase will be from on-site native plants and/or selected from Table 18.72.040-1 Protected Native Plants List;
2) Public rights-of-way, dedications, and easements;
3) Set-asides to meet the requirements of other county, state, and federal regulations, ordinances and statutes.
3. Development on a recorded lot which is thirty-six thousand (36,000) square feet or less in size, approved prior to the effective date of this chapter, and not requiring a development plan or subdivision plat.
C. Administrative exception. The requirements of this chapter may be waived by the planning official under the following conditions as demonstrated by the applicant's submittal of confirming documents in conformance with the requirements of Section 18.72.S07 of the native plant preservation manual:
1. The applicant demonstrates that development on his site will not disturb, damage, destroy, alter, or result in the removal or relocation of any specimens in Section 18.72.040 that existed on the site prior to the effective date of this chapter plus those specimens that have been introduced to the site since that date; or
2. The applicant demonstrates that the site on which his development is proposed did not contain any specimens before the effective date of this chapter and does not currently contain any specimens.
(Ord. 1998-39 § 1 (part), 1998)