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This standard has been established for the purpose of informing applicants of the preparation, submittal, and review procedures for development within areas that have environmentally valuable habitat in conformance with Article 1, Division 1, Floodplain and
Hazard Area Regulations, Chapter 26, Tucson Code; Article VIII, Watercourse Amenities, Safety and Habitat (WASH), Chapter 29, Tucson Code; and Section 5.7, Environmental Resource Zone (ERZ), Unified Development Code (UDC), Chapter 23, all of the Tucson Code; so that proper and adequate information is presented in a consistent manner, thereby providing the basis for an efficient and timely review.
This standard is further to insure that the adopted policies of the Mayor and Council and adopted recommendations of the city’s
Advisory Committee are accurately reflected in the implementation of existing regulations.
The areas subject to regulation under this technical standard include the floodplain and floodway fringe areas as defined in Section 26-2, and the adjacent banks and associated riparian habitat as provided in Section 26-5.2(3) and (4), which are established as the “regulated areas”. If there is no encroachment within these regulated areas, the documentation requirements, development restrictions and mitigation requirements do not apply.
Where the regulated areas are based upon maps prepared for the TSMS Phase II
Master Plan, the Critical and Sensitive Wildlife Habitat Map, or similar maps prepared by Pima County, there is a presumption that riparian habitat that should be preserved has been documented on the property. Any development must therefore comply with this standard to establish the precise location of riparian habitat. It is, however, the actual documentation of the location of the habitat pursuant to this standard that will determine where the development may occur, not the maps.
If there is encroachment into the regulated areas, the standard requires that the riparian habitat be identified and delineated as the “protected riparian area”. This will include the submittal of an Environmental Resource Report that will document (1) the areas that contain riparian and wildlife habitat that is to be preserved and (2) those areas without such habitat. Development is permitted within the regulated areas that are outside the protected riparian areas. Development within the protected riparian area is limited as set forth in this standard.
It is the intent of this standard that the protected riparian area incorporate the Critical Riparian Habitat in ERZ watercourses, the Resource Areas in WASH watercourses, and riparian habitat within the undesignated regulatory floodplains so that there is a single process for review with consistent criteria for application.
This standard does not waive any applicable city regulations or codes.
This standard applies to all applications accepted for review after November 7, 2006. Exceptions to this applicability include:
A. This standard does not apply to single family residential lots with dwellings constructed in accordance with the building permits issued before November 7, 2006.
B. This standard does not apply in a manner that conflicts with a rezoning or special exception approved by the Mayor and Council after November 7, 2001.
C. This standard may apply to an exempt application at the request of the applicant.
The information required as part of a submittal under this standard will be shown graphically or provided as notes on a plan, as appropriate. The required information is in addition to the plan or plat requirements of the applicable process, such as, but not limited to, a plat, a development plan, a
plan, or a plot plan.
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