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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)
This article shall apply to any landfill within the city limits, whether privately or publicly owned or operated.
Existing development exception. The development regulations set forth in section 29-24 shall not apply to any addition to a building.
(Ord. No. 10037, § 1, 9-13-04)
A. [Landfill methane development plan.] All proposed development, on or within one hundred (100) feet from a landfill, shall receive the necessary building permit only after approval of a landfill methane development plan. The plan shall meet the following criteria to the extent applicable:
1. Site assessment. The plan shall indicate the location of the landfill or landfills; (more than one (1) landfill may affect the site). The developer is responsible for defining the waste boundary as needed to prepare the plan. Additionally, the plan shall describe the following information: operators of the landfill and dates of operation, the depth to groundwater, groundwater test results, landfill depth, type of landfill waste, floodplain designations, gas data, gas monitoring system information, gas extraction system information including a diagram showing system layout, recent and historical aerial photographs and landfill history. Any previously unidentified buried waste encountered after initial approval of the development plan shall be reported to the director within seven (7) working days.
2. Methane production, migration and monitoring. The landfill methane development plan shall describe existing methane conditions within the proposed plan area. The developer may be required to take measures to protect the safety of the proposed development which may include, but not be limited to, installation of monitoring devices and establishment of mechanisms for regular monitoring for a duration of time appropriate to the scope of the landfill activity. The landfill methane plan shall demonstrate, in a manner approved by the city, that any potential migration of methane to the surface or adjoining areas will not endanger any future occupant or user of the proposed development. The plan must be approved by the director. Monitoring for methane migration may be required pre and post construction.
3. Methane control. Where required by the city, due to the presence or proximity of methane, the landfill methane development plan shall include design and installation of an approved system for the control, prevention, extraction or mitigation of methane in order to ensure protection of the proposed development.
4. Construction specifications. The landfill methane development plan shall specify the special steps to be taken in the construction of the development to accommodate the special characteristics of the landfill including, but not limited to, provisions for control of methane migration into structures, properly engineered drainage, protection against subsidence and other necessary requirements.
5. Professional certification for the development plan. Development plans submitted to the city pursuant to this section shall be sealed by a professional engineer or geologist, registered with the Arizona Board of Technical Registration, who is knowledgeable regarding landfills, methane gas and the health and safety issues that arise when developing on or in the vicinity of landfills.
B. Waiver. One (1) or more of the requirements of this section may be waived or satisfied by the city based upon documented evidence presented by the applicant regarding the site to the director. The waiver may be granted upon the determination by the director that there are substantial mitigating factors justifying such a waiver and that there is no substantial risk to the public in the granting of such a waiver. Even if a waiver is granted under this section, the responsible party or developer shall comply with the public notice requirements.
C. Monitoring time requirements. Upon request of the developer or responsible party, modifications to the monitoring schedule may be approved by the Tucson Fire Chief or his designee upon a showing that there is no significant risk to public health due to methane activity.
D. Approval authority. The approvals and determinations on behalf of the city as set forth in this section, unless otherwise specified, shall be made by the director.
(Ord. No. 10037, § 1, 9-13-04)
Any proposed development which is to be located between one hundred (100) and five hundred (500) feet from a landfill, shall receive the necessary building permits only after city approval of a self-certification statement. The certification statement form must state that the following factors, which may affect development, have been considered and appropriate steps have been taken to prevent any adverse impact from the landfill(s):
A. Site assessment. The developer shall identify and review, from available information, the location of the landfill, the operators of the landfill, dates of operation, depth to groundwater, groundwater test results, landfill depth, type of landfill waste, floodplain designations, gas data, gas monitoring system information, gas extraction system information, recent and historical aerial photographs and landfill history.
B. Methane condition and monitoring. The developer shall identify and review, from available information, any existing methane condition within the landfill area and any potential migration of methane to the surface or adjoining areas that may endanger any future occupant or user of the proposed development.
C. Methane limitation or extraction system. The developer shall identify and review from available information any existing systems for the extraction or mitigation of methane if appropriate to the proposed development.
D. Construction specifications. The developer shall identify and review, from available information, the special steps that may be taken in the construction of the development to accommodate the special characteristics of the landfill including provisions for control of methane migration within structures.
E. Submitting self-certification statements. The self-certification statement form shall be submitted to the director and is subject to review and approval by the director. The self- certification statement shall be submitted on a standardized form provided by the director.
(Ord. No. 10037, § 1, 9-13-04)
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