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Washes within the urbanized areas of the city in which existing vegetation is maintained are valuable nature resources that contribute to the health and well-being of the residents of the city. Such washes assist in groundwater recharge, support wildlife habitat, and provide natural open space areas. These regulations are specifically intended to accomplish the following:
(a) Maximize opportunities for groundwater recharge through the preservation of specific washes with earthen channels and banks.
(b) Protect existing vegetation found within and near specific washes.
(c) Provide for the restoration of vegetation disturbed as a result of development in and adjacent to specific washes.
(d) Assist in the reduction of the urban heat island effect by retaining existing vegetation and minimizing structural improvement of urban washes.
(Ord. No. 7579, § 1, 3-25-91)
Bank means a mild to steep rise of land which borders and confines the flow of stormwaters or floodwaters and conveys them to some downstream discharge point.
Basin management plan means a site-specific plan for a watershed or balanced or critical basin which has been approved by the city engineer and which provides a conceptual plan for orderly development of flood control measures within the basin.
Compound channel means a constructed or modified watercourse which contains and conveys a significant portion of the floodwater within a stabilized lower channel with mild terraces on each side of the low-flow channel, so that the higher watercourse areas can be vegetated to provide for open space and wildlife habitat.
Development means any human alteration to the natural state of land, including its vegetation, soil, geology, or hydrology for any residential, commercial, industrial, utility, or other uses, including all areas used for vehicular access, circulation, and parking.
DSD director means the director of the development services department or his designee.
Gabions means a form of watercourse stabilization wherein the banks and/or bed of the watercourse are protected against erosion and scour from flowing waters. The stabilization consists of rock-filled, rectangular, wire baskets.
Habitat means the place or type of site where a plant, or animal, or bird naturally or normally grows and lives.
Native vegetation means vegetation which is indigenous to the specific site or to areas contiguous to the parcel being developed.
Retention means an engineering/structural method of storing surface runoff water and stopping its downstream progress by employing schemes of containment. No flow is discharged directly into a downstream watercourse from a retention facility. The stored water may infiltrate into the subsurface ground layers.
Riprap means large, angular rock used to armor or protect the bed and/or banks of a watercourse in a thick layer or blanket of rock material.
Rock veneer means a blanket of riprap made up of usually small, angular rock used to stabilize the bed and/or banks of a watercourse with a layer of concrete, soil cement, or other similar material to secure the rock in place.
Site means the land area consisting of a lot or contiguous lots (not including dedicated public property) designed for development as a single entity and exclusive of any abutting public right-of-way.
Soil cement means an engineering/structural method of stabilizing the bed and banks of a watercourse with a material comprised of a mixture of sands, gravel, and portland cement to produce a natural appearing surface.
(Ord. No. 7579, § 1, 3-25-91; Ord. No. 9967, § 11, 5-17-04)
(a) These regulations apply to all lots or parcels of land existing as of April 25, 1991, that are adjacent to the washes listed in table 1.
(b) These regulations do not apply to the following:
(1) A lot or parcel existing on April 25, 1991, to be developed with one (1) single- family residence or single-family residence accessory structure.
(2) A subdivision plat, development plan, or site plan approved prior to April 25, 1991, provided that construction occurs within five (5) years of the effective date of this article [April 24, 1991].
(c) The term "city limit line," as used in Table 1, means the city limits as existing on the effective date of an ordinance, adopted subsequent to an annexation, which specifically extends the applicability of these regulations to the newly annexed wash reaches. Notice and hearing for adoption of an ordinance establishing the applicability of these regulations to annexed areas shall be in the same manner as for adoption of an ordinance establishing original zoning boundaries for newly annexed areas.
TABLE 1
Washes Subject to the Watercourse Amenities, Safety, Habitat Regulations
Airport Wash, Santa Cruz River to city limit line
Alamo Wash, city limit line to Escalante Road
Arcadia Wash, Glenn Street to 22nd Street
Arroyo Chico, Park Avenue to Alvernon Way
Arroyo Chico, 10th Street to First Avenue
Atterbury Wash, Pantano Wash to Irvington Road
Atterbury Wash, between Irvington Road and city limit line.
Cholla Wash, West Branch Santa Cruz River to City limit line
Christmas Wash, Rillito Creek to Tucson Boulevard
Citation Wash, Arroyo Chico to Alvernon Way
Civano Wash, Pantano Wash to city limit line
Earp Wash, Julian Wash to city limit line
Este Wash, Tanque Verde Wash to Broadway Boulevard
Fahringer Wash, between Sabino Creek and Tanque Verde Road
Globeberry Wash, Silvercroft Wash to Headwaters
Hidden Hills Wash, Tanque Verde Creek to city limit line
High School Wash, Tucson Arroyo to Plumer Avenue
Julian Wash, Tucson Diversion Channel to city limit line
Kinnison Wash, Atterbury Wash to Irvington Road
Maxwell Wash, Silvercroft Wash to Anklam Road
Naylor Wash, Arroyo Chico to Columbus Boulevard
Nebraska Wash (East), Airport Wash to 12th Avenue
Pima Wash, Rillito Creek to Oracle Road
Powderhorn Wash, Anklam Road to Tumamoc Hill
Racetrack Wash, Rillito Creek to River Road
Railroad Wash, Arroyo Chico to Country Club Road
Robb Wash, Tanque Verde to about one thousand (1,000) feet east to Bonanza Avenue
Rodeo Wash, Santa Cruz River to Alvernon Way
Rolling Hills Wash, Pantano Wash to Harrison Road
Rose Hill Wash, Pantano Wash to 22nd Street
Sabino Creek, Tanque Verde Creek to city limit line
Sentinel Wash, Cedar Street to Sentinel Peak
Spanish Trail Wash, Pantano Wash to Houghton Road
Tucson Park Wash, Silvercroft Wash to Greasewood Road
Valencia Wash (East), Santa Cruz River to I-19
West Branch of Santa Cruz River, Santa Cruz River to Valencia Road
Wyoming Wash, Santa Cruz River to 17th Avenue
(Ord. No. 7579, § 1, 3-25-91; Ord. No. 7944, § 1, 3-15-93; Ord. No. 8310, § 1, 6-20-94; Ord. No. 8779, § 1, 12-2-96; Ord. No. 9427, § 1, 7-10-00; Ord. No. 9489, § 1, 11-20-00; Ord. No. 9501, § 1, 1-22-01)
(a) Study area established. A study area consisting of the channel, the banks, and the land area extending fifty (50) feet from the banks of the washes listed in table 1, is hereby established.
(b) Required study area information. If alterations to the study area are proposed, the following information shall be submitted to the city engineer prior to the issuance of a permit for development in the study area:
(1) Hydrology/hydraulic study. A study of the wash and its hydrology and hydraulics is required. In addition to the information required by Chapter 26, Floodplain and Erosion Hazard Area Regulations, the hydrology/hydraulics study shall contain the following elements:
a. The location of the 100-year floodplain on, adjacent to, and a minimum of two hundred (200) feet upstream and downstream of the proposed development.
b. Soil conditions in and adjacent to the watercourse, and the erosion potential.
c. Existing rights-of-way or easement dedication along the wash for a distance of five hundred (500) feet upstream and downstream of the proposed development.
d. The existing and proposed ownership of any drainageway facilities on or adjacent to the site and identification of the persons responsible for the maintenance of such facilities.
e. Previous hydraulic/hydrology studies or maps prepared for the watershed.
f. Groundwater recharge potential at this location.
g. Sediment transport characteristics along the watercourse centered on this location.
h. Existing and proposed utilities to and across the site.
i. Any other elements that may be characteristic of the watercourses on or adjacent to the site.
(2) Plant/habitat inventory. All development proposals shall be accompanied by an inventory of the existing vegetation and wildlife habitats within the study area.
(3) A copy of the plant/habitat inventory shall be submitted to the development services department for review.
(c) Basin management plan. Development on a lot or parcel which is located within the boundaries of an approved basin management plan shall be in conformance with the plan.
(Ord. No. 7579, § 1, 3-25-91; Ord. No. 9967, § 11, 5-17-04)
(a) Resource area. The resource area consists of the channel and banks of a wash, and those portions of the study area containing vegetative resources and wildlife habitat areas. Where alteration to any portion of the resource area is proposed, the applicant for a development permit is required to demonstrate why the resource area cannot be left in its natural condition.
(b) Alteration of resource area. No development, including grubbing, grading, removal of vegetation, channelization, or other type of alteration of the land, shall occur in the resource area unless a mitigation plan, which includes a plan for the proposed wash treatment and a preservation/revegetation plan, is submitted to the development services department director and approved as provided for in section 29-17 below.
(1) Mitigation plan. The mitigation plan must demonstrate that the loss of existing vegetation and wildlife habitat as a result of development in the resource area is minimized, and that lost vegetation and wildlife habitat are restored or recreated through the specific wash treatment and the preservation/revegetation plan. If a vegetated area is altered, the site must be revegetated to the same or greater density, diversity, and volume of vegetation as existed prior to the alteration. The mitigation plan shall demonstrate the following:
a. Wash treatment. The treatment of the watercourse must be done in a manner which maintains the existing appearance or predevelopment condition of the resource area by using one (1) or a combination of the following methods, in order of priority. Alternative structural solutions consistent with the intent of these regulations are encouraged and may be proposed by the owner.
1. Earthen channel.
2. Retention of stormwater runoff to reduce the impact on an earthen channel.
3. Structural materials conducive to retaining existing vegetation or revegetation, including any use of a soil filter blanket.
4. Compound channels.
5. Riprap, whether exposed or buried.
6. Gabions.
b. The following wash treatments may be used only if the city engineer determines that an existing safety hazard warrants such treatment, and the wash treatment method is approved by the mayor and council.
1. Rock veneer.
2. Soil cement.
3. Reinforced concrete, including textured, tinted, or colored concrete.
c. Preservation/revegetation plan. The preservation/revegetation plan must demonstrate that any vegetation removed from the resource area is replaced as closely as possible to the predisturbance condition in terms of plant type, density, and diversity. Plant types not currently existing on the site may be included in the preservation/revegetation plan if they are listed on the low water use/drought tolerant plant list in development standard 2-16. The preservation/revegetation plan shall contain the following information:
1. A preservation plan for native vegetation in the resource area.
2. The proposed location of vegetation after development, including the location of salvaged materials.
3. An access plan and maintenance schedule for the vegetation in the resource area.
(2) A copy of the preservation /revegetation plan shall be submitted to the development services department for review.
(Ord. No. 7579, § 1, 3-25-91; Ord. No. 9967, § 11, 5-17-04)
(a) Plant, habitat and preservation review. The PDSD director shall review the plant/habitat inventory and the preservation/revegetation plan in accordance with Chapter 23B, Unified Development Code (UDC), Section 3.3.3, PDSD Director Approval Procedure, or, when the applicant who was the landowner of record prior to the effective date of the UDC (i.e. January 2, 2013) chooses to be governed by the provisions of the Land Use Code (LUC), Development Compliance Code, Chapter 23A, Section 23A-51, PDSD Full Notice Procedure. Applications under this subsection shall be reviewed by the stormwater advisory commission (SAC), which shall make recommendations on the application to the PDSD director.
In making a decision, the PDSD director will consider the preservation/revegetation plan as it relates to the following:
1. The existing condition of the site.
2. The existing character of vegetation upstream and downstream in the channel, on the banks, and fifty (50) feet from the banks of any parcels immediately adjacent to the site.
3. The amount, type, and characteristics of the vegetation upstream and downstream of the site, any proposed open space linkages or facilities recommended by parks, recreation, open space, and trails plan, and any applicable findings of the critical and sensitive wildlife habitat map and study.
4. The density, diversity, location, and selection of plan materials.
5. Other landscaping required by the UDC or the LUC, whichever is applicable as described above.
(b) Hydrology/hydraulic review. The PDSD director shall review the hydrology/hydraulic study and the preservation/mitigation plan showing the proposed treatment of the resource area in accordance with Unified Development Code (UDC) Section 3.3.3, PDSD Director Approval Procedure, or, when the applicant who was the landowner of record prior to the effective date of the UDC (i.e. January 2, 2013) chooses to be governed by the provisions of the Land Use Code, Development Compliance Review, Chapter 23A, Section 23A-51, PDSD Full Notice Procedure.
In making decisions on the type and manner in which drainage improvements or other uses may be located in the resource area, the PDSD director shall consider the following:
1. Whether drainage improvements are necessary to prevent erosion or flooding hazards.
2. Whether reasonable alternative locations for utility lines and roadway improvements are available.
3. Whether erosion setbacks greater than the resource area are required by Chapter 26, Floodplain, Stormwater, and Erosion Hazard Management, if the resource area is left unimproved.
4. Whether the development proposed within the resource area is compatible with the purpose and intent of these regulations.
5. Whether the resource area is restored as closely as possible to its predisturbance condition.
(Ord. No. 7579, § 1, 3-25-91; Ord. No. 9967, § 11, 5-17-04; Ord. No. 11173, § 1, 5-20-14, eff. 6-20-14)
It shall be a civil infraction for any person, firm or corporation to violate, disobey, omit, neglect or refuse to comply with, or to resist the enforcement of any of the provisions of this article.
If any property or improvement thereon is used in violation of the provisions of this article, the city attorney, in addition to other remedies, may institute any appropriate action or proceeding to restrain, correct or abate such violation.
The Planning and Development Services Department Director shall either proceed to issue a citation for violation of this article pursuant to Chapter 23B, Unified Development Code (UDC) Article 10, Enforcement and Penalties, or Chapter 23, Land Use Code (LUC) Section 5.5, Compliance and Enforcement, whichever is applicable, or report such violations to the city attorney. Violations for which citations are issued shall be heard under the procedures set forth in the aforementioned section of the UDC or LUC, whichever is applicable.
(Ord. No. 7579, § 1, 3-25-91; Ord. No. 9967, § 11, 5-17-04; Ord. No. 11173, § 2, 5-20-14, eff. 6-20-14)
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