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HomeMy WebLinkAboutORD1301ORDINANCE NO. 1301 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,BY ADDING NEW CHAPTER 9,NATIVE PLANT PRESERVATION;ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED —APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT CODE, CHAPTER 9,NATIVE PLANT PRESERVATION";REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY WHEREAS, the existing landscaping and screening requirements for the City of Apache Junction do not directly address native plant preservation standards; and WHEREAS,consequently,the City Council directed staff to research municipal native plant preservation standards statewide and to establish guidelines based on such findings; and WHEREAS,new regulations setting forth native plant preservation standards will protect existing plants and provide for planting of native plants in all new development in the City and in expansions of existing development; and WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, codes which may be adopted by reference include those relating to native plant preservation standards. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. That existing Apache Junction City Code, Volume II,Land Development Code is hereby amended by adding new Chapter 9, Native Plant Preservation. 2. That certain document known as "Apache Junction City Code, Volume II,Land Development Code,Chapter 9,Native Plant Preservation",three copies of which are on file in the office of the City Clerk, which document was made a public ORDINANCE NO. 1301 PAGE 1 OF 2 record by Resolution No. 07-25 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S..5 9-802. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 6TH DAY OF NOVEMBER 2007. SIGNED AND ATTESTED TO THIS 28TH ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: I I. (1-j RICHARD J. STERN City Attorney ORDINANCE NO. 1301 PAGE 2 OF 2 DAY OF NOVEMBER , 2007. APACHE JUNCTION CITY CODE VOLUME II LAND DEVELOPMENT CODE CHAPTER 9 NATIVE PLANT PRESERVATION Section 9.0101 Purpose The purpose of these standards is to protect native plants and to ensure appropriate re -vegetation for all development projects.The standards provide for in -place preservation protection of existing protected native plants and the transplanting of protected native plant materials indigenous to the area and typical of the Sonoran Desert Region.These standards protect the public health, safety and general welfare by: 1. Preserving the organic characteristics of the Sonoran Desert region. 2. Preserving desert wildlife habitats and food sources. 3. Requiring the protection and re -vegetation of protected native plants disturbed during land development. 4. Encouraging the use of protected native plants that are drought tolerant and require low maintenance and minimal groundwater after establishment. 5. Reducing the potential for erosion by water, wind or subsidence. Section 9.0102 Applicability The Native Plant Preservation requirements shall apply to all rezonings, preliminary plats, plan developments, conditional use permits, subdivisions, and or any amendments thereof. For properties with existing zoning allowing single family construction,residential buildings plans are required to have an approved native plant plan (per Section 9.0104) before a grading or building permit is issued.For properties with existing zoning allowing single family construction, the native plant plan will only apply to the grading footprint and/or building footprint. 1 For properties with existing commercial or industrial zoning a native plant plan is required to be submitted and approved with a preliminary development plan before a grading or building permit is issued. Section 9.0103 Standards 1.For purposes of this ordinance protected native plants are all protected native trees with a 4 inch caliper trunk as (measured one foot from the adjacent ground surface) or larger, cacti that are 3 feet in height or taller or any other protected tree or protected cacti on site having unique or exceptional qualities as determined by a plant professional. All other protected native plants with less than a 4 inch caliper trunk or 3 feet in height may be offered for salvage to non-profit organizations or other qualified organizations within 30 days prior to scheduled grubbing and grading operations. 2.All existing protected native plants shall be preserved in their original location except within those areas permitted to be graded.Every effort should be made to preserve in place large and or unique protected native plants within areas proposed for grading during the design and construction phases of development. 3.In no case, shall protected native plants be removed, destroyed or relocated from an existing stand of protected native plants which are designated by the Native Plant Preservation Plan ("NPPP"). 4.Protected native plants determined to be transplantable shall be salvaged and relocated on -site when located within areas designated to be graded.Salvaged plants shall be maintained in a temporary nursery pending relocation in accordance with the approved landscape plan. All temporary nurseries shall: •Provide automatic drip irrigation system. •Provide fertilizer to promote plant health. 5.Protected Native plants are to be transplanted on -site and shall be used within those areas identified for landscaping as designated by the NPPP and the project landscape plans. 2 Section 9.0104 Submittal requirements for NPPP The developer shall submit a NPPP. This plan is to be prepared by a pre -approved plant salvage professional with credentials as a Western Chapter International Society of Arboriculture ("ISA") certified arborist. The Director of the Development Services Department or his or her designee will review and approve the plan for completeness. Plant salvage professionals that have been pre -approved by the City will be provided in the application submittal. Salvage contractors wishing to be placed on this list must first submit a written methodology for inventorying, rating, and salvaging plants for City approval. Interested parties may contact the City's Development Services Department for further information. If the site is over 3 acres in size, three copies of a NPPP on an aerial photograph with a detailed project site plan overlay must be submitted. If the site is less than 3 acres in size, no aerial is needed but a NPPP is required. No grubbing, grading, construction, or salvaging of any plants on the site shall take place prior to the submittal and approval of the required NPPP. The NPPP must conform With or include the following: 1.A recent aerial photo or site plan showing construction limits and showing an inventory of all protected native plants, in addition to the project name, a scale (minimum scale of 1 inch = 50 feet), a north arrow, a vicinity map, the adjacent street names, and the name of the company performing the inventory. 2. Identification and inventory of all native protected plants within the area permitted for grading and 50 feet beyond, or to the edge of the property whichever is the shorter distance. 3. The Salvage status of each plant (remaining in place, relocating, or being removed) with a tag number, species (both common and botanical names), size, and general condition of each plant.If a plant is noted as non -salvageable, the reason or reasons for the assessment shall be stated. 5. The new location and placement of salvaged protected native plant material, including any proposals and justifications for specific plants to be removed from the project site shall be submitted. 3 6. Location of any on -site nursery for the storage of salvaged protected native plants. 7.A copy of the approved and stamped Arizona Department of Agriculture "Notice of Intent to Clear Land" shall be submitted.The form can be obtained from the Protected Native Plant Section of the Arizona Department of Agriculture at 602-364-0935, or at their website at http://www.azda.gov/ESD/nativeplants.htm. Section 9.0105 Determination of Salvageable Plants All protected native plants are to be identified on the NPPP and shall be rated for salvageability as "high" or "marginal", by the plant professional based on the following criteria: 1. The plant's health reflecting the degree of major infestations or apparent diseases. . The plant's age reflecting the likelihood of transplant survival. 3. The plant's conduciveness to boxing during the transplanting; tree spading will be allowed on a case by case basis. 4. Ability of excavating existing soil, cohesiveness and ability to support a box transplant. 5. Accessibility of surrounding topography to box and remove the plant(s). 6. The likelihood that adjacent plants will not interfere with any root systems or with plant removal. Section 9.0106 Mitigation / Restriction 1.All protected native plants receiving a "high" rating as determined by the plant salvage professional shall be preserved in place or salvaged and transplanted within on- site landscaped areas. 2.All "marginal" rated protected native plants shall be determined by a plant salvage professional and placed in a salvage pool from which fifty percent 50% of the protected native plants shall be used on -site or be replaced on a one to one basis with nursery stock which conforms to the Arizona Nurseryman Association Standards. Minimum size 4 nursery stock for replaced protected native trees and large species of protected native cacti (except saguaro) is 24 inch box and 5 gallon for smaller species of protected native cacti or shrubs. 3.Optional mitigation method to #1 & #2: any remaining protected native plants that the developer will not be using on -site or does not want to pay for temporary maintenance in a nursery facility, may be donated to the City. 4.Viable Protected Native Plants harmed by on -site salvage and transplant, off -site removal, or damage or destruction during development shall be mitigated by replacement with a plant or plants. Replacement of non -salvageable, lost or dead and dying plants shall take place as follows: •On a one to one basis. All tree and cacti replacements shall match in species and shall be in a minimum 48 inch box. •This requirement only applies to trees and cacti that have been planted within one year of the final inspection (date referenced in Section 9.0108). 5.Minimum nursery stock size for replacement of a Saguaro cactus is ten feet (10'). 6.All remaining protected native plants not selected to be used on -site must be allowed to be salvaged for use in conformance with the Arizona Department of Agriculture requirements regarding "Notice of Intent to Clear Land" in addition to notification of non-profit salvage organizations such as the "Tucson Cactus and Succulent Society" (www.TucsonCactus.org) or other similar organization. 7.Following the completion of this mitigation process any marginally rated protected native plants left over are eligible for destruction. Non -salvageable are also eligible for destruction. 8.Any protected native plants that have been destroyed by an act of God shall not be subject to the replacement requirements as long as every effort to maintain the health of the plant has occurred. 5 Section 9.0107 Re -vegetation and Natural Density A planting and design analysis of the site re -vegetation and/or landscaping is required to ensure the character of the project is consistent with the natural density, distribution, and maturity of the vegetation on the adjacent properties. Section 9.0108 Inspections 1.All protected native plants scheduled to remain in place or authorized for destruction, removal or relocation by the approved NPPP shall be tagged and numbered by the plant specialist prior to an on -site inspection by the Development Services Department staff.Salvage operations shall not commence until the Development Services Department staff has performed an inspection and given approval to begin salvage. 2.Tags shall be color coded according to the following schedule so that the status of each plant may be easily identified: •Protected Native Plants proposed for destruction shall be tagged with "RED" plastic tape. •Protected Native Plants proposed for relocation on- site shall be tagged with "BLUE" plastic tape. •Protected Native Plants proposed for relocation to another site shall be tagged with "YELLOW" plastic tape. •Protected Native Plants proposed to remain in place shall be tagged with "WHITE" plastic tape. 3.Tags required by this section shall be affixed in a visible location on the plant. The initial inspection will be performed once tagging is completed and an inspection request has been received by the Development Services Department. 4.Once attached, the tags shall not be removed until the approved NPPP is implemented and a final inspection has been performed by the Development Services Development. 5.All areas designated to remain as natural open space or protected native plants designated to remain in place shall be contained with a fence or a durable tape for protection during construction. The Development Services director or his/her designee may allow an alternative method to protect plants during construction. The applicant is responsible for maintaining this "no 6 disturbance" boundary line and no protected native plants within this protected area shall be salvaged or destroyed. 6.City may perform a nursery inspection to verify conditions of protected native plants during construction of the site. 7.A final inspection shall be performed by the Development Services Department which verifies the required on -site relocation of salvaged plants to their new locations, and the required in -place preservation of protected native plants. Section 9.0109 Civil Penalties and Appeal Process 1.Any person who,individually or through the acts of another person,intentionally or negligently damages, destroys,or removes from the site any protected native plant,except as authorized by an approved NPPP,shall be subject to a civil penalty. 2.Civil Penalties will be calculated based on the following: •Protected native trees: up to three hundred dollars ($300) per caliper inch (measured one foot (1') above ground level). •Protected native cacti: Two hundred dollars ($200) per foot. •Maximum per plant: five thousand dollars ($5,000.00) 3.Civil Penalties shall be ordered by the Development Services Director or his/her designee in accordance with administrative procedures established by the Development Services Director. 4.Determination of the sum of money to be paid to the City pursuant to this section shall be based upon the type, size, density, distribution, and condition of the protected native plant materials that existed on the property prior to the violation, or upon inspection of the remains of destroyed protected native plant materials or other physical evidence as may be available.Any party may appeal a civil penalty order to the City Manager or his/her designee by filing such appeal with the City Clerk's Department no later than twenty (20) calendar days from the date of the Development Services Department's civil penalty determination.Within five (5) working days, the City Manager or his/her designee shall hold a 7 hearing on the matter.Within five (5) working days after such hearing, the City Manager or his/her designee shall send a written determination to the Appellant.This decision is final at the City level but can be appealed to the Pinal County Superior Court pursuant to Arizona Revised Statutes Section 12-904 et seq. in accordance with similar administrative appeals. Section 9.0110 DEFINITIONS CALIPER - A measurement of diameter taken on a circular tree trunk at twelve (12") inches above the highest natural grade at the tree trunk base; for a noncircular specimen, the average of the shortest and longest measurements of diameter twelve (12") inches above the highest natural grade at the tree trunk base shall be used for the caliper calculation; for a multi-trunked specimen, the sum of the measurements of diameter of the two (2) largest trunks twenty four (24) inches above the highest natural grade at the tree's multi -trunk base shall be used for the caliper calculation. DAMAGED- The condition of an inventoried protected native plant previously identified on the approved NPPP as a preserved -in- place, or salvageable plant, which has little chance of survival in a healthy and attractive manner due to injury, infestation, disease or other condition as confirmed by the plant specialist or the City. DESTROYED OR DESTRUCTION - The condition of an existing protected native plant after it has been demolished or eliminated as shown on the approved NPPP. DEVELOPMENT- Any permitted or non -permitted human alteration to land and its vegetation, soil, geology, drainage, hydrology and surface features, changing the appearance and character of land, grading of land in preparation for placing improvements on the land such as buildings, structures, signs, paving, vegetation, or outdoor use areas. MITIGATION - The replacement of an inventoried protected native plant rated from high to marginal on salvage -ability that is destroyed or removed from the site as shown on the approved NPPP with a 8 protected native plant of the same genus and species or City approved substitute with approved size nursery stock. NATIVE PLANT PRESERVATION PLAN (NPPP)- A plan for the preservation of protected native plants prepared and submitted in conformance with this chapter. NATIVE PLANT - A plant species that occurs naturally in a particular region, state, ecosystem, and habitat without direct or indirect human actions. PRESERVATION IN PLACE- No disturbance of one or more protected native plants. All protected native plants are required to remain in its original place at all times and be protected by approved methods during construction. PROPERTY OWNER, DEVELOPER, APPLICANT- Means the person(s) or legal entity that has fee title to the property or a legal right to control development of the site, or a designated representative on the property owner's behalf. PROTECTED NATIVE PLANT- Any living plant on the protected native plants list.(Table 6.1-7) SAFEGUARDED PLANT - Protected Native Plants whose projection for survival in the state of Arizona are in jeopardy or are in danger of extinction. SALVAGEABLE PLANT - An inventoried Protected Native Plant in good physical condition with a marginal or high rating for health, age and form. SITE - A single lot or a combination of contiguous lots (or parcels), or a leased area on a lot that meets the minimum zoning standards of the applicable zone. TRANSPLANTABILITY- The relative ability of a Protected Native Plant to be successfully transplanted. 9 TABLE 6.1-7 PROTECTED NATIVE PLANT LIST LATIN NAME COMMON NAME LEGAL PROTECTION_ Carnegiea gigantean Saguaro NPL Castela emorvi Crucifixion Thorn NPL Cercidium floridum Blue Palo Verde 4" caliper or more NPL Cercidium microphyllum Foothills Palo Verde 4" caliper or more NPL Echinocactus horizonthalonius var, nicholii Blue Barrel Cactus _ NPL/ESA Ferocactus wislezenii Fishook Barrel NPL Fourquieria splendens Ocotillo NPL Mammillaria thornberi Thornber Clustered Pincusion NPL Olneya tesota Ironwood NPL Peniocereus greggi Desert Night -blooming Cereus NPL Prosopis pubescens Screwbean Mesquite NPL Prosopis velutina Velvet Mesquite NPL Tumamoca macdougalii Tumamoc Globeberry NPL Yucca elata Soaptree Yucca NPL Ziyphus obtusifolia var. Canescens Greyhorn NPL KEY: NPL=Plants regulated by the Arizona Native Plant Law. ESA=Plants protected by the Federal Endangered Species Act. 10