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(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)
(a) Appeals. The decision of the director may be appealed to the Mayor and Council in accordance with Unified Development Code (UDC) Section 3.9.2, Mayor and Council Appeal 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-62, Mayor and Council Appeal Procedure. Appeals must be filed with the City Clerk no later than fourteen (14) days after the date of the decision. A copy of the appeal shall be filed with the director.
(b) Variances. A request for a variance from the provisions of this Article shall be reviewed and considered for approval by the Board of Adjustment in accordance with Unified Development Code (UDC) Section 3.10.1 and 3.10.3, Board of Adjustment Variance 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 Review, Chapter 23A, Section 23A-52, Board of Adjustment Full Notice Procedure. The variance must comply with the findings for granting a variance in accordance with UDC Section 3.10.3.K or LUC Section 5.1.7.3.B, whichever is applicable.
(c) Stormwater technical advisory committee (STAC). STAC may make recommendations to the director of the department of transportation to be forwarded to the mayor and council on technical issues and questions raised by appeals and variance requests and proposed amendments to these regulations.
(d) Stormwater advisory committee (SAC). The SAC may review all proposed amendments to the Tucson Code, Chapter 29, Article VIII, and may provide written conclusions and recommendations to the director of the department of transportation to be forwarded to the mayor and council and, as applicable, to the planning commission, prior to a public hearing on the proposed amendments.
(Ord. No. 11173, § 3, 5-20-14, eff. 6-20-14)
TABLE 1
WASHES SUBJECT TO THE WATERCOURSE AMENITIES, SAFETY, AND HABITAT REGULATIONS
WASHES SUBJECT TO THE WATERCOURSE AMENITIES, SAFETY, AND HABITAT REGULATIONS
Airport Wash, Santa Cruz River to Los Reales Road
Alamo Wash, Ft. Lowell Road 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
Cholla Wash, West Branch Santa Cruz River to city limits
Christmas Wash, Rillito Creek to Tucson Boulevard
Citation Wash, Arroyo Chico to Alvernon Way
Civano Wash, Pantano Wash to Poorman Road
Earp Wash, Julian Wash to Valencia Road
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 Houghton Road
High School Wash, Tucson Arroyo to Plumer Avenue
Julian Wash, Tucson Diversion Channel to Country Club Road
Kinnison Wash, Atterbury Wash to Irvington Road
Maxwell Wash, Silvercroft Wash to Anklam Road
Naylor Wash, Arroyo Chico to Columbus Boulevard
Nebraska Wash, Airport Wash to 12th Avenue
Pima Wash, Rillito Creek to Oracle Road
Powerhorn Wash, Anklam Road to Tumamoc Hill
Racetrack Wash, Rillito Creek to River Road
Railroad Wash, Arroyo Chico to County 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 limits
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, 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. 8310, § 1, 6-20-94; Ord. No. 8303, § 1, 9-26-94; Ord. No. 8779, § 1, 12-2-96; Ord. No. 9427, § 1, 7-10-00; Ord. No. 9582, §§ 6--8, 8-6-01; Ord. No. 9967, § 11, 5-17-04)
ARTICLE IX.
DEVELOPMENT REGULATIONS AND PUBLIC NOTICE IN THE PROXIMITY OF DESIGNATED LANDFILLS*
DEVELOPMENT REGULATIONS AND PUBLIC NOTICE IN THE PROXIMITY OF DESIGNATED LANDFILLS*
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* Editors Note: Ord. No. 10037, § 1, adopted Sept. 13, 2004, amended Art. IX in its entirety to read as herein set out. Former Art. IX, §§ 29-20--29-27, pertained to similar subject matter, and derived from Ord. No. 8852, §§ 1, 2, adopted April 7, 1997.
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A. "Landfill" means either:
1. Any area designated by the director of utility services (director) to be a known landfill; or
2. Any area outside the boundaries designated in section 29-21.A.1. known or discovered to contain significant sub-surface biodegradable solid waste.
Maps showing the boundaries of the landfills designated in section 29-21.A.1. shall be maintained at utility services and a legal description shall be recorded with the Pima County Recorder. The director may modify designated landfill boundaries whenever the director determines that the facts warrant modifications. Whenever the director modifies the boundaries of a designated landfill, notice shall be given to owners of affected properties by first class mail and a modified legal description shall be recorded.
B. "Developer" means the person(s) or entities responsible for development subject to this section, including but not limited to, the owner of the property being developed, the lessee of the property being developed, the manager of the property being developed and the builder.
C. "Responsible party" means any natural person, corporation, trust, partnership, or other entity that leases the property at issue or holds legal title, beneficial title, equitable title, or that controls any entity that holds such title to the property at issue. Control of an entity means the right to determine without resort to any other, the decisions and actions of the entity.
D. "Development" means any activity that triggers the obligation to obtain a permit under the City of Tucson Building Code. Development also includes public works projects, development by utility companies, and placement of manufactured housing.
E. "Satisfactory operating conditions" means that the landfill gas control system is capable of operating as designed per the current engineering design, at full capacity with all barriers, probes, pipes, collector wells and blowers intact and functional.
F. "Director" means the director of utility services or the director' s authorized designee.
(Ord. No. 10037, § 1, 9-13-04)
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