A. Compliance and conflict with county, state, and federal regulations.
1. This chapter does not replace, supersede, or in any way affect or change requirements for compliance with the Federal Endangered Species Act and the Arizona Native Plants Statute (A.R.S. § 3-901 et seq.). In the event of a conflict between the requirements of this chapter and the requirements of the Federal Endangered Species Act or the Arizona Native Plants Statute, the requirement which provides the most protection for native plants will prevail.
2. Requirements for compliance with this chapter and other Pima County regulations will be calculated and applied separately. Compliance with this chapter may be considered for the purposes of compliance with other chapters, if the primary purpose to preserve native plants and plant communities is not jeopardized. In the event of a conflict between two (2) or more requirements in this chapter, or conflicts between the requirements of this chapter and the requirements of another chapter, the more restrictive requirement will prevail, except the highest resource value for the establishment of set-aside areas shall be given to previously designated riparian habitat areas.
3. Planning division staff, qualified in preservation plan review and the identification of native plants and safeguarded species, may periodically provide spot-inspections to confirm compliance with this chapter and approved preservation plans.
B. Violations and penalties. In addition to the provisions of Chapter 18.95 Compliance and Enforcement, violations of this chapter are subject to the following enforcement, penalties, fines, and other remedies:
1. No person shall, individually or through acts of another person, intentionally or negligently damage, destroy, or remove from the site any native plant except as authorized by an approved native plant preservation plan.
2. A fine for the damage, destruction, or removal from the site of each native plant will be based on the following schedule:
a. For each viable saguaro. two hundred dollars ($200) per foot of main trunk and two hundred dollars ($200) per foot of each arm with a maximum not to exceed two thousand five hundred ($2,500) per saguaro;
b. For each specimen tree or shrub. three hundred dollars ($300) per caliper inch measured twenty-four (24) inches above grade level for trees and six (6) inches above grade for shrubs with a maximum not to exceed two thousand five hundred dollars ($2,500) per tree or shrub.
3. A fine of not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) if native plants are damaged, destroyed, or removed from the site prior to approval of a preservation plan.
C. Additional penalties. Any person who individually or through acts of another person, intentionally or negligently damages, destroys, or removes from the site any native plant, except as authorized by an approved preservation plan, may be subject to one or more of the following in addition to any fines imposed by paragraph B above as determined by the hearing officer pursuant to Chapter 18.95 of this code:
1. Mitigation of specimens damaged, destroyed, or removed from the site which may include:
a. One hundred percent (100%) replacement with plants of the same genus and species and of equal or greater size as the specimens being replaced and the replacement will be completed within ninety (90) days of the violation, and
b. Any supplemental mitigation and site improvements determined to be necessary to restore the natural habitat and plant communities which have been damaged, destroyed, or removed from the site,
c. In the event replacements are not made as required by the preceding subparagraph C.1.a and b, then payment to the county by the property owner of an amount equal to the certified appraised replacement value of the specimens damaged, destroyed or removed from the site and not subsequently replaced as required by this paragraph. The certified appraised replacement value will be based on the type, size, and original condition of the specimens prior to the violation as shown in the plant inventory. The certified appraisal will be provided by and at the property owner's expense.
2. Supplemental mitigation, maintenance and monitoring requirements for native plants following the final inspection. This requirement shall be performed for a period of time as determined by the hearing officer, but not to exceed eight (8) years.
3. Suspension by the director of the development services department of any permits issued by the county for development of the site. Any such suspension shall remain in effect unless and until the violation is mitigated in conformance with this chapter as approved by the planning official.
D. Suspension lifted. Where any permit issued by the county is suspended until its expiration pursuant to paragraph C.3 above, no new permit shall be issued for the site until all fines issued pursuant to paragraphs B.2 and B.3 above have been fully paid and all mitigation required by paragraph C.1 and C.2 above has been fully performed.
E. Maintenance agreement. Prior to the subsequent issuance of permits for development of the site on which a violation occurs, the property owner shall provide the county with proof, such as an agreement with a landscape installation and maintenance service, that procedures are in place to ensure replacement of damaged or destroyed plants and follow-up maintenance of those plants replaced for a period determined by Pima County, but not to exceed eight (8) years.
F. Other violations and penalties. Violations of the Arizona native plant law are subject to the penalties and sanctions in the law.
G. Assurances. Implementation and completion of an approved preservation plan and all associated mitigation standards and maintenance requirements, all in conformance with this chapter and the requirements of the preservation manual, shall be guaranteed by assurances acceptable to Pima County, as specified by Pima County policy and regulations and consistent with Section 18.69.070. Assurances shall include the following provisions:
1. Assurances will be submitted prior to preservation plan approval and will be released when final inspection by the professional on-site monitor certifies compliance with and completion of the preservation plan as confirmed by Pima County except as provided in the following subparagraph 2.
2. Maintenance and preservation assurances. The final approval of any subdivision plat or development plan that includes an approved preservation plan will require covenants or assurances which ensure the continued preservation of set-aside areas and the continued maintenance and preservation of specimens preserved-in-place or transplanted on-site.
(Ord. 1998-39 § 1 (part), 1998)