Planning and Zoning Commission Meeting

Planning & Zoning Commission Meeting Agenda Pursuant to A.R.S. § 38-431.02 notice is hereby given to the public that the Sahuarita Planning & Zoning Commission will hold a meeting at the date and time specified below at the Sahuarita Council Chambers, 375 West Sahuarita Center Way, Sahuarita, AZ. To better serve our community, the Sahuarita Council Chambers is wheelchair accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk’s Office at 520-822-8801. Requests should be made no later than three (3) working days prior to the meeting to arrange the accommodation. PLANNING & ZONING COMMISSION REGULAR MEETING AGENDA THURSDAY, October 3, 2022, at or after 6:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Chair John D Backer Vice Chair Mickey Miramontes Commissioner Nathan Barrett Commissioner Michael Hernandez Commissioner Cathy Maghran Commissioner Daniel Millet Commissioner VACANT 4. APPROVAL OF MINUTES FOR PLANNING & ZONING COMMISSION MEETING OF MAY 2, 2022 5. CALL TO THE AUDIENCE At this time, any member of the public is allowed to address the Board on any issue not already on tonight’s agenda. Pursuant to the Arizona Meeting Law, the speaker’s comments may not be considered, discussed, or even answered by the Board at this meeting, but may, at the discretion of the Board, be placed on a future agenda for discussion/action. Regular Meeting Agenda- October 3, 2022 Page 1 of 2  PLANNING & ZONING COMMISSION MEETING AGENDA 6. PUBLIC HEARING: A Temporary Off-site Sign Plan for San Martin de Porres Catholic Church, allowing for up to 15 temporary off-site signs in the public-right-of-way (roadside). These signs will be located throughout the Town at various major intersections to advertise a special event. (Case No. Z-22-00203). 7. PUBLIC HEARING: A proposed text amendment moving the Town of Sahuarita Grading Standards (STC 18.81) out of the zoning code and into the Town Code as its own Title (Title 16). Along with moving the code section, additional text changes include: grading permit applicability, exemptions, removal of administrative modifications, and interpretations. (Case No. SA8-22-00001). 8. PLANNING & BUILDING DIRECTOR'S REPORT 9. FUTURE AGENDA ITEMS 10. ADJOURNMENT Regular Meeting Agenda- October 3, 2022 Page 2 of 2 Planning & Zoning Commission Meeting ACTION Minutes MEETING ACTION MINUTES MAY 2, 2022 The Planning and Zoning Commission of the Town of Sahuarita met in the Sahuarita Council Chambers, 375 West Sahuarita Center Way, Sahuarita, AZ 85629 on Monday, MAY 2, 2022. 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Vice Chair John Backer. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Vacant Chair Present Vice Chair John D Backer Present Commissioner Nathan Barrett Absent Commissioner Michael Hernandez Present Commissioner Cathy Maghran Present Commissioner Daniel Millet Present Commissioner Mickey Miramontes 4. MEETING MINUTES: APPROVAL OF MINUTES FOR PLANNING & ZONING COMMISSION MEETING OF DECEMBER 6, 2021. Accept minutes as presented. MOTION CARRIED 5:0 RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Maghran, Commissioner SECONDER: Nathan Barrett, Commissioner AYES: John Backer, Nathan Barrett, Cathy Maghran, Daniel Millet, Mickey Miramontes 5. CALL TO THE AUDIENCE No one came forward. 6. ELECTION OF CHAIR Meeting Action Minutes- May 2, 2022 Page 1 of 3  PLANNING & ZONING COMMISSION MEETING MINUTES Commissioner Nathan Barrett nominated Vice Chair John Backer for Chair and Commissioner Cathy Maghran nominated Commissioner Mickey Miramontes for Vice Chair. MOTION CARRIED 5:0 RESULT: APPROVED MOVER: Nathan Barrett, Commissioner, Cathy Maghran, Commissioner SECONDER: Mickey Miramontes, Commissioner, John Backer, Chair AYES: John Backer, Nathan Barrett, Cathy Maghran, Daniel Millet, Mickey Miramontes 7. PUBLIC HEARING: An appeal has been filed of the Planning and Building Director’s decision to deny a Type I Conditional Use Permit for a private school south and west of the El Toro Road and La Canada intersection. (Case No. SA6-22-00002) Planning and Building Director, Anna Casadei, gave the staff report. The applicant circulated a petition that has been provided to the Commission and he received letters of support from thirteen neighbors. Staff received one email just prior to the meeting concerning traffic and a traffic light. A copy of the email was distributed to the Commission as well as the applicant. After the staff report was presented, Chair Backer opened the public hearing. Braeden Hayes, applicant, was present to answer any questions from the Commission and the public. Mr. Hayes addressed the Commission. Brian De Breceny, adjacent property owner, addressed the Board in opposition to the school project. Mr. De Breceny emphasized his concerns with the railroad easement by playing a video of the train as well as referring to the Union Pacific manual. John Gallagher, adjacent property owner, addressed the Board in opposition to the school project. Mr. Gallagher’s concerns were for the safety of the students, drivers and parking. Robert Housley, general contractor for the project, addressed the Board in favor of the school project by addressing the property access, school and the railroad easement. Mr. Hayes addressed property owner concerns including train cargo, access, easement and traffic. Vincent Aultman, adjacent property owner, addressed the requesting speed limit and hidden driveway signs along the access parcel. Mr. Aultman was generally in favor of the school. Nicole Truelove, parent at Liberty Youth Academy, addressed the Commission in favor of the school. Ms. Truelove read an email she received from the town concerning a conditional use permit. Ali McDermott, parent at Liberty Youth Academy, addressed the Commission in favor of the school by addressing safety issues concerning a sidewalk and transportation. Meeting Action Minutes- May 2, 2022 Page 2 of 3  PLANNING & ZONING COMMISSION MEETING MINUTES Chair Backer closed the public hearing and initiated discussion from the Commission. The Commission members discussed the appeal and voted to reverse the Planning and Building Director’s decision to deny the CUP with the following conditions: 1. The applicant must notify all property owners who currently access their properties from the access parcel of any change to the status of their access. 2. Outdoor amplification of sound shall not be permitted. 3. Outdoor playing field/court lighting shall not be permitted. 4. Minimum setback for structures, parking, play areas, and other ancillary uses shall be 100’ from the northern property line. 5. Enrollment shall be limited to 140 students. 6. “15 miles per hour” speed limit signs shall be posted along the access parcel. 7. “Hidden driveway” signs shall be posted for any property owner along the access parcel who requests such signage. 8. The applicant shall attempt to have the utility pole located near the east end of the access parcel either relocated or removed. 9. All fire code requirements must be met. 10. The applicant shall either: a) provide any walkway required by the zoning code on-site or via an easement; OR b) apply to the Board of Adjustment for a variance to have the requirement waived. 11. The applicant has the responsibility to verify that all Union Pacific Railroad requirements are met. MOTION CARRIED 5:0 RESULT: APPROVED MOVER: Cathy Maghran, Commissioner SECONDER: Daniel Millet, Commissioner AYES: John Backer, Nathan Barrett, Cathy Maghran, Daniel Millet, Mickey Miramontes 8. PLANNING & BUILDING DIRECTOR'S REPORT No action taken. 9. FUTURE AGENDA ITEMS No action taken. 10. ADJOURNMENT Meeting adjourned at 7:54 PM. Meeting Action Minutes- May 2, 2022 Page 3 of 3  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Planning & Zoning Commission Staff Report Case No. Z-22-00203 Commission Meeting Date: October 3, 2022 Agenda Item No. 6 PREPARED BY: Dylan Parry, AICP, Senior Planner REVIEWED BY: Anna Casadei, AICP, Planning and Building Director RECOMMENDATION: Staff recommends approval of the Temporary off-site sign plan SUBJECT: Public Hearing: Temporary Off-Site Sign Plan LOCATION: 15 locations in the Town right-of-way APPLICANT: Cindy Gomez PROPOSAL: Cindy Gomez on behalf of San Martin de Porres Catholic Church is requesting approval of a Temporary Off-Site Sign Plan (TOSSP). The request is for fifteen (15) 24” x 36” H-frame signs to be placed throughout the Town advertising the Parish’s annual Fiesta. The signs would be up for approximately 6 weeks prior to the 2022 San Martin de Porres Annual Fiesta held in November and the 2023 Fiesta. DISCUSSION: The Town zoning code allows a TOSSP to be valid for a period not to exceed 18-months. A one- time 12-month extension may be granted by the Planning & Building director by applicant request. The intent of a TOSSP is to provide for a coordinated and uncluttered look as may be Case No. Z-22-00203 October 3, 2022 Page 1 of 4  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov achieved through sign spacing, numbers, and design, using the least amount of signage needed to achieve wayfinding objectives. Criteria for Review of a Temporary Off-Site Sign Plan: STC 18.79.060.F states, “A temporary off-site sign plan may be approved if as proposed it will result in a well-designed, safe, and visually appealing wayfinding program for a specific sign user that is consistent with the purpose of this chapter.” The following four criteria are provided for review of a TOSSP: 1. Overall presentation of the sign program; The applicant is proposing a single 24” x 36” sign design to be placed in 15 locations, mostly at street intersections (See attached map labeled as Attachment 1). The locations are as follows: • NW & SE corner of Nogales Highway and Sahuarita Road, • SW & NE corner of Sahuarita Road and La Villita Road, • Sahuarita Road (near the entrance to Sahuarita High School campus), • SE corner of Rancho Sahuarita Boulevard and La Villita Road, • Rancho Sahuarita Boulevard (near Anza Trail Elementary School), • SW & NE corner of Rancho Sahuarita Blvd. and Sahuarita Road, • East entrance to Fry’s Shopping Center on Rancho Sahuarita Blvd, • NE corner of Duval Mine Road and Abrego Drive, • SE corner of Duval Mine Road and Calle Arroyo Sur, • NW corner of Duval Mine Road and Alpha Avenue, • SE corner of Duval Mine Road and La Canada Drive, and • Camino de Las Quintas (near entrance to Anamax Recreation Center). The signs are multicolored and will be used to advertise the Parish’s largest annual fundraiser. 2. Consistency with the purpose of the Zoning Code Sign Chapter (STC 18.79); The following is from STC 18.79.010 (Purpose): “…It is the purpose of this chapter to authorize the use of signs that: A. Promote and accomplish the goals and policies of the general plan; Case No. Z-22-00203 October 3, 2022 Page 2 of 4  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov B. Facilitate economic development through the identification of businesses and organizations in the community; C. Are aesthetically pleasing and of appropriate scale, are integrated with surrounding buildings and landscape in order to meet the community’s expressed desire for quality development, and which protect prominent viewsheds; D. Protect astronomical observation and minimize light intrusion onto adjacent property; E. Encourage legibility of sign information and the clearest possible visual perception of existing adjacent businesses and signs; F. Promote the free flow of traffic and protect pedestrians and motorists from injury through well-designed signs that are unlikely to distract drivers to a dangerous degree; G. Enhance wayfinding for Sahuarita’s residents and visitors; and H. Prevent property damage, personal injury, and litter from signs which are improperly constructed, poorly maintained, or made of nondurable materials.” The proposed TOSSP is consistent with the purpose of the sign standards, and particularly with bullet point B, “Facilitate economic development through the identification of businesses and organizations in the community”. The event associated with the temporary off-site sign plan is the annual Parish’s primary fundraiser, and these signs will be used to advertise the event that will raise money for the church’s general operations expenditures. The signage proposed is not excessive and utilizes small, low-profile signs, in fifteen (15) locations to advertise the church fiesta. The relatively small size and number of signs should have no effect on viewsheds, traffic, and pedestrians. 3. Potential for impact on right-of-way landscaping, irrigation, and other underground facilities, and existing land uses along the proposed roadway segments; and The proposed sign locations will not have an adverse impact on existing land uses along the proposed roadway segments. The signs are all small and should have no impact on underground facilities. The Public Works Department has reviewed and has no issues with the sign plan. 4. Any other applicable information that may be useful in the overall presentation of the proposed signage. No additional information was requested of the applicant. Case No. Z-22-00203 October 3, 2022 Page 3 of 4  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov PUBLIC INPUT: A legal ad was published in the Green Valley News on September 21, 2022. No public comments have been received to date. REQUIRED ACTION: Conduct a public hearing to determine whether the Temporary Off-Site Sign Plan is in the best interest of the Town of Sahuarita. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the Temporary Off-Site Sign Plan. REASONS FOR RECOMMENDATION: Staff recommends approval of the TOSSP because it meets the intent of the Temporary Off-Site Sign Plan and is in conformance with the regulations of the Sahuarita Town Code. The applicant is proposing the minimum amount of signage needed to effectively advertise the event. RECOMMENDED MOTION: I move to approve the Temporary Off-Site Sign Plan for San Martin de Porres Catholic Church as presented. ATTACHMENTS: 1. Sign Location Map 2. Application Case No. Z-22-00203 October 3, 2022 Page 4 of 4  Temporary Offsite Sign Locations Agenda item 6: Attachment 1 Legend City Limits Marana Oro Valley Sahuarita South Tucson Tucson Orange circles represent sign locations 8/24/2022 8,000.0 0 4,000.00 This map is static output from an internet mapping site and no warranty is expressed or implied as to the accuracy, reliability, currency or completeness of the data, and is for reference only Feet Agenda item 6: Attachment 2 PARISH ADMINISTRATION Rev. Martin Martinez, Parish Pastor pastor@sanmartinsahuarita.org Ext. 303 Cindy Gomez-Parra, Office Manager admin@sanmartinsahuarita.org Ext. 302 APPLICANT’S WAYFINDING NEED AND HOW THE PLAN WILL MEET THAT NEED San Martin de Porres Catholic Church has been in the Town of Sahuarita since the late 1970’s; it has become a historical religious icon to many. The Catholic Community of San Martin de Porres plans the Annual Fiesta once ever year; It is our parish’s major fundraiser covering the majority of its general operation expenses. This sign plan is for 2022 and for 2023. This year’s Fiesta will take place on Saturday, November 5th & Sunday, November 6th, 2022. Next year’s Fiesta will take place on Saturday, November 4th & Sunday, November 5th, 2023. The Fiesta brings the parish and the surrounding communities together as a family to enjoy food, games and entertainment for two days of fun. The success of the Fiesta greatly depends on the attendees, as well as sponsors and donors. Interestingly, many people are not aware that there is a Catholic Church in Sahuarita, and so every year we find it vital that we advertise our parish and its events in and around our community as much as possible. Additionally we distribute flyers and posters in local businesses and amongst other non-profit organizations. With the permission of the Town of Sahuarita Planning/Zoning Committee for an Off-Site Sign Permit, we are able to increasingly promote our church annual fiesta. DESCRIBING HOW THE PROPOSED SIGNAGE WILL FIT WITH THE SURROUNDING BUILT AND NATURAL ENVIRONMENTS AND HOW INSTALLATION AND TAKE-DOWN METHODS WILL ENSURE THE INTEGRITY OF THOSE ENVIRONMENTS The design of the sign is only one, rectangular and very simple art with large font. The color scheme is festive for a fiesta but not too bright. The material is a corrugated plastic, similar to most political or yard signs. Steaks are thin wire bars, similar to most political or yard signs. 15 Signs (15 different locations around the Town of Sahuarita) will be staked on public corners of high traffic intersections. Signs will not be on private properties. Location map will be presented to the Committee for final approval. o Posting dates: October 1 & 2, 2022 and October 7 & 8, 2023. o Signs will be monitored during the month of October, making sure signs have not become in the way of public roads, pedestrian walk ways or vandalism. o All signs will be removed by November13, 2022 & November 12, 2023. DESIGN THEME WITH ILLUSTRATIVE EXAMPLES OF EACH SIGN TYPE The colors of the sign are festive for a Fiesta (red, white and teal-green). Colors are neither neon nor flashing lights. See illustrative example below: SIGN SPACING CONCEPT PLAN THAT WILL ACHIEVE WAYFINDING GOALS WHILE MINIMIZING THE TOTAL NUMBER OF SIGNS NEEDED In order to increase high signage exposure, we’d like to place 15 of the same signs on15 different high traffic intersection locations around the Town of Sahuarita. Signs will be staked on the ground no further than 5 inches. Signs will not be placed in the right-of-way, sidewalks or roads. Signs will be strategically spaced so as to not cover other signs or poles. THE SIGN AREA, HEIGHT, CONSTRUCTION MATERIALS, COLOR, AND ORIENTATION OF ALL PROPOSED SIGNS - Sign Material: o Size: 24" x 36", rectangular o Material: Durable Corrugated Plastic o Sides: Double sided full color o Steaks: Wire steak, 36"h x 12"w - Colors: o White background o Red and teal-green PROPOSED DISPLAY PERIOD FOR EACH SIGN TYPE. CONSIDERATION MAY BE GIVEN TO GREATER NUMBERS OF SIGNS WITH SHORTER DISPLAY PERIODS. o Posting dates: October 1 & 2, 2022 and next year October 7 & 8, 2023. o Signs will be monitored during October, making sure signs have not become in the way of public roads, pedestrian walk ways or vandalism. o All signs will be removed by November13, 2022 and next year by November 12, 2023. MAP OR OTHER DRAWING SHOWING THE EXACT LOCATION OF ANY SIGN GREATER THAN THREE FEET IN HEIGHT OR EIGHT SQUARE FEET IN AREA, AND THE GENERAL LOCATION, BY 150-FOOT SEGMENT OF ROADWAY, FOR ANY OTHER SIGNS. See maps attached ILLUSTRATIVE PHOTOS FOR EACH 150-FOOT ROADWAY SEGMENT BEING PROPOSED FOR SIGNAGE, DEMONSTRATING THE EXISTING CONDITION OF THE ROADWAY SHOULDER AREA. See photos attached 1 2 4 3  5 6  7 8 9 10  11 12 13 14 15  PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Planning & Zoning Commission Staff Report Case No. SA8-22-00001 Commission Meeting Date: October 3, 2022 Agenda Item No. 7 PREPARED BY: Orlanthia Henderson, Planning and Zoning Manager REVIEWED BY: Anna Casadei, AICP, Planning and Building Director RECOMMENDATION: Staff recommends that the Commission forward a recommendation of approval to the Town Council. SUBJECT: Public Hearing: Zoning Code Text Amendment to STC 18.81 Grading Standards APPLICANT: Town of Sahuarita Planning & Building and Public Works Departments PROPOSAL: This text amendment request will move the Grading Standards chapter (STC 18.81) out of the zoning code and into the Town Code as its own Title (Title 16). The amendment allows Public Works to be the primary implementor of the new Grading Standards chapter instead of the Planning & Zoning Division. Along with moving the code section, additional text changes are proposed, including amendments to the list of activities exempt from the permit process and changes to the waiver and modification processes. BACKGROUND: The Town Public Works Department is tasked with maintaining, monitoring, and setting the standards for all grading projects. Since the adoption of the Town Code, the Grading Standards chapter has not been updated and holds requirements that are not overseen or enforced by Planning & Zoning. Removing the Grading Standards from the zoning code will allow Public Works to conduct these activities without unnecessary Planning & Zoning involvement, thereby streamlining internal processes. Case No. SA8-22-00001 October 3, 2022 Page 1 of 4 DETAILS OF THE REQUEST: The purpose of this amendment is to move the Grading Standards section into its own Title in the Town Code so that it can be monitored and enforced by the Public Works Department and Town Engineer. In addition to moving the Chapter, staff has simplified processes, cleaned up and removed references to Planning & Zoning procedures, resolved conflicting language, and a made few more noticeable changes. One of the changes involves the grading plan permit applicability. This change removes the development envelope that triggers a Type 1 Grading Permit requirement for development of a single home on a single lot. The 14,000 square feet or greater threshold that would normally prompt a grading plan has been removed; with the removal, all single-dwelling residential development on a single lot (outside of a recorded subdivision) regardless of size would need to apply for a grading permit. The removal of the threshold also clears up conflicting information for actions that normally require a Type 1 Grading Permit; including examples of grading on slopes of 15 percent or greater and grading for new pavement that measures more than 3,000 square feet. Staff has found that even the development of a single home that disturbs less than 14,000 square feet of land can have significant impacts on the drainage of the site itself as well as drainage onto neighboring properties. It is important for property owners building a home to understand whether their new home will be impacted by a wash running through the property. This amendment also removes the grading permit exemption that applied to underground utility installations under a paved roadway surface. This type of construction will now require a grading permit. Another major change is the removal of the modification and interpretation review procedure, primarily due to the reference to the Planning & Zoning Board of Adjustment process. The change to the code leaves the waiver process as an option for applicants with special situations. ANALYSIS The text amendment has been reviewed for conformance with Aspire 2035: Sahuarita’s General Plan. The General Plan establishes several goals and policies to help guide the future growth of the Town of Sahuarita. The anticipated changes are meant to be minimal and provide a clearer picture of the grading permit process for applicants. The text amendment is supported by the following General Plan policies related to minimizing flood hazards and providing opportunities to improve air quality. Case No. SA8-22-00001 October 3, 2022 Page 2 of 4 • PFS-5: Ensure that new developments are constructed in a manner that minimizes flood hazards. This amendment is intended to provide a clear picture of the type of grading projects that require a permit, the reference materials applicable to the project, and a process for a waiver if needed by the customer. Eliminating the 14,000 square foot exemption threshold for single-dwelling residential on single lots ensures that all new home construction projects are checked for flood hazard impacts. • ENV-4: Provide opportunities to improve local air quality. Grading projects can negatively impact the air quality of the community if performed incorrectly. The new grading chapter defines thresholds that are not currently in place. PROCEDURAL INFORMATION: The text amendment requires two separate public hearings, one before the Planning and Zoning Commission and another to be held by the Town Council. At the first public hearing, the Commission will make a recommendation, which will be forwarded to the Town Council. The Town Council will hold a subsequent public hearing and will decide on the request. PUBLIC INPUT: Public notice was provided in the Green Valley News on August 21, 2022. Information on this amendment was also shared with MPA and SAHBA. To date, public input has been received by SAHBA. Any additional input received will be provided to the Commission prior to or at the public hearing. REQUIRED ACTION: The Commission shall hold a public hearing, determine whether the proposed text amendment is in the best interest of the community, and make a motion to forward a recommendation to the Town Council. Case No. SA8-22-00001 October 3, 2022 Page 3 of 4 RECOMMENDATION: Staff recommends that the Commission forward a recommendation of approval of the text amendment to the Town Council. RECOMMENDED MOTION: “I move to recommend approval of Case Number SA8-22-00001 as presented by staff.” ATTACHMENTS: 1. Redlined Zoning Code Chapter 18.81, creating Title 16 2. SAHBA comments Case No. SA8-22-00001 October 3, 2022 Page 4 of 4  $JHQGD,WHP$WWDFKPHQW EXHIBIT A TOWN CODE AMENDMENT Title 18 Zoning Sahuarita Town Code is hereby amended as follows, with deleted language shown by strikeout and added language shown by underlined text: Title 16 Chapter 18.81 GRADING STANDARDS ChaptersSections: 16.1018.81.010 Purpose and interpretation. 16.2018.81.020 Applicability and exemptions. 16.3018.81.030 Definitions. 16.4018.81.040 General grading performance standards. 16.5018.81.050 Submittals and procedures – Type 1 (grading plan). 16.6018.81.060 Submittals and procedures – Type 2 (grading plan). 16.7018.81.070 Inspections and performance defaults. 16.8018.81.080 Enforcement and penalties. 16.9018.81.090 Administrative modification. 16.9010018.81.100 Waivers and interpretation review. 16.10011018.81.110 Illustrations. 16.1018.81.010 Purpose and interpretation. A. Purpose. 1. The purpose of this chapter is to protect the public health, safety, general welfare, and aesthetics by regulating grading (including initial clearing, brushing or grubbing, and subsequent excavating or filling) on private and public land. 2. It establishes grading standards designed to: a. Regulate the development of potentially hazardous terrain; b. Conserve the general visual character of grading sites and settings; c. Enhance the value of new development; and d. Conserve the value of existing, affected properties. 3. The guidelines and standards of this chapter and those of the town engineer have been prepared in the context of the town of Sahuarita’s specific desert environment. They are intended to complement the applicable provisions of the Floodplain and Hazard Management Ordinance and not to authorize any grading activity prohibited by this chapter or any town ordinance. B. Interpretation. 1. This section shall be used as a guide whenever a conflict arises in the interpretation or enforcement of this chapter. The design, implementation and mitigation of grading regulated by this chapter (refer to STC Page 1 of 18  16.2018.81.020) shall be reviewed prior to the issuance of any grading permit, to ensure compliance with the guidelines of this section and the specific standards and requirements of this chapter. 2. The design and implementation of all grading shall: a. Minimize scars and other adverse visual impacts resulting from cut and fill; b. Blend with the natural contours of the land; c. Conserve the natural scenic beauty and vegetation of the site; d. Be for purposes other than enabling buildings to penetrate the building height contour line; and e. Restrict the areas and volumes to the minimum necessary to implement the planned development. 3. In all grading projects, measures shall be taken to: a. Ensure that graded hillside, slopes or other areas subject to erosion are stabilized; b. Reduce the erosion effects of stormwater discharge, preserve the flood-carrying capacity of natural or constructed waterways by limiting soil loss, and protect drainageways from siltation; c. Minimize dust pollution and surface water drainage from graded areas during grading and development; and d. Ensure that development activity is designed and implemented to minimize adverse impacts and include appropriate restorative measures. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 16.2018.81.020 Applicability and exemptions. A. Scope. 1. All development projects shall require a Type 1 or Type 2 grading permit, except as exempted in subsection D of this section. In general, small private grading operations do not require a grading permit; major grading for custom home development requires a Type 1 permit, and general grading for larger development and/or commercial development projects requires a Type 2 permit. 2. Town development projects shall abide by the requirements of STC 16.4018.81.040 (General Grading Performance Standards). The town council may grant a special exception at a public hearing to a requirement of said section for a town development project. B. Type 1 (Grading Plan) Permit Applicability. A Type 1 grading permit is required for: 1. Single-dwelling residential development on a single lot with a development envelope of 14,000 square feet or greater; and individual “custom” lots part of a subdivision plat or development plan that are not part of a Type 2 Grading permit. 2. Nonresidential development which does not require a subdivision plat or development plan. 3. Stockpiling of between 100 cubic yards and 50,000 cubic yards of material. 4. Grading which requires a permanent cut or fill slope greater than five feet in height and steeper than a 3:1 slope, or grading on slopes of 15 percent or greater. 5. New pavement of more than 3,000 square feet. C. Type 2 (Grading Plan) Permit Applicability. A Type 2 grading permit is required for: 1. Residential development which requires a subdivision plat or development plan. Page 2 of 18  2. Nonresidential development which requires a subdivision plat or development plan. 3. Stockpiling of more than 50,000 cubic yards of material. D. Exemptions. The following activities are exempted from this chapter: 1. Residential development on a single lot, with a development envelope of less than 14,000 square feet; 1.2. The subsequent expansion, by less than 25 percent and not violating the spirit of this chapter, of an exempted or approved graded area; 23. The clearing, brushing or grubbing of an area of less than 14,000 square feet or for activities exempted in this subsection; 32.4. Stockpiling of less than 100 cubic yards of material; 43.5. Resurfacing or maintenance of an existing paved surface; 56. New pavement of less than 3,000 square feet; 4.7. Individual sewage disposal system with a county health department permit; 65.8. Excavation below finished grade for a basement, foundation, wall, or swimming pool authorized by a building permit or zoning construction permit (refer to STC 18.01.030(E), General Provisions); 76.9. Cemetery graves; 87.10. Refuse disposal site controlled by other regulations; 98.11. Exploratory excavation under the direction of a soil engineer or engineering geologist, provided all excavation is properly backfilled; 109.12. Archaeological exploration conducted under state permit by a qualified archaeologist; 110.13. Removal of selected individual plants for storage and replanting; 14. Underground utility installations under a paved roadway surface or a continuously maintained unpaved roadway surface; 121.15. Grading for the maintenance of an existing private access road or driveway; provided, that if either existed prior to adoption of, or was established in conformance with, this chapter, proof of such may be required by the town engineer; 132.16. Grading for an appurtenant access or utility easement; 143.17. Land uses under statutory exemption (refer to STC 18.01.030(C), General Provisions). [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 16.3018.81.030 Definitions. A. General Usage. The definition and usage of terms in this chapter are as contained within this code, except that the definition and usage of terms describing drainage are as contained within the county Floodplain and Hazard Management Ordinance. B. Definitions. For purposes of this chapter only, the following words and terms shall mean: “Access road” means a road within one mile of the grading site, designated on the approved grading plan, and used, during grading, for the transport of grading equipment, hauling of fill and other equivalent vehicular traffic to and from the grading site. Page 3 of 18 “Approval” means written notice by the town engineer approving the design, progress or completion of work. “Approved plan” means the most current grading plan which bears the authorized signature of approval of the town engineer. “Approved testing agency” means a facility which is equipped to perform and certify the tests required by this chapter and whose testing operations are controlled and monitored by a civil engineer. “Borrow” means earth material acquired from an off-site location for use in grading a site. “Brushing” means the selective removal of vegetation. “Building height contour line” means a contour elevation line set at the existing grade elevation, plus the maximum building height permitted by site rezoning conditions or this code and 50 percent of the additional height added by permitted fill. Refer to Illustration 16.100110-118.81-1 (STC 16.11018.81.11000). “Clearing” means the substantial removal of vegetation. “Envelope, building” means: 1. A dwelling unit and all attached roofed structures, including carports or patio ramadas; 2. For nonresidential development, the building envelope shall be the main building and all attached roofed structures. “Envelope, development” means the sum of the areas of the permit holder’s land to be graded, including the building envelope, accessory buildings, and areas of related parking, driveways, swimming pools, walls and other accessory structures, but excluding individual sewage disposal systems. “Erosion” means the wearing away of the ground surface as a result of the movement of wind, water or ice. “Excavation” means the artificial (i.e., mechanical, manual, blasting or other such) means for removal of earth material. “Final inspection” means a field inspection conducted by the town engineer prior to project acceptance or release of assurances (if required). “Grade” means the vertical location of the ground surface. “Grade, existing” means the actual, current ground surface as of the date of adoption of the ordinance codified in this chapter. “Grade, finished” means the final grade conforming to the approved grading plan. “Grade, rough” means the stage at which grading substantially conforms with the approved grading plan. “Grading” means the initial clearing, brushing or grubbing, and subsequent excavating or filling, of a site. “Grading permit” means an official document issued by the town engineer authorizing the grading activity specified by the grading permit conditions. “Grading permit conditions” means the specifications and requirements of the approved grading plan, grading statement, soils report or other documents necessary for grading permit approval. “Grubbing” means the removal of trees and other large plants by their roots. “Inspector” means a person authorized by the town engineer or building official to perform inspection on grading work. Page 4 of 18 “Retaining wall” means a wall designed to withstand lateral and hydrostatic pressures and built to keep earth from sliding, and which is two feet or greater in height from the lowest point of earth at the foundation to the top of the wall. “Revegetation” means placement of living plant material on sites or cut and fill slopes where the natural vegetation has been removed. “Site” means any lot or parcel of land, or contiguous combination of lots and parcels under the same ownership or unified control, where grading is to be performed. “Slope” means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance (refer to Illustration 16.100110-218.81-2, STC 16.10011018.81.110). “Soil” means naturally occurring deposits overlying bedrock. “Stabilization” means treatment with mitigation measures in accordance with the grading design manual, and approved by the town engineer, that contribute to the erosion or siltation resistance, or the structural strength, of a graded area. “Stockpile” means the storage of uncompacted earth material. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 16.4018.81.040 General grading performance standards. A. Scope. 1. The performance standards of this section are general grading performance requirements. A companion grading design manual The current and latest Pima County Grading Design Manual, which is the companion grading design manual to this chapter, elaborates minimum performance standards referenced by this section and includes nonregulatory guidelines for superior grading performance. 2. The current and latest Pima County Grading Design Manual grading design manual shall be adopted and amended by the town engineer, if and when neededin accordance with STC 18.01.070 (General Provisions). The commission may hold the preliminary and public hearings concurrently. The town engineer shall provide a recommendation prior to commission public hearing. B. Site Revegetation and Stabilization. All graded areas, except those to be used for agriculture or livestock purposes, not revegetated, stabilized or constructed on upon expiration of the grading permit shall be revegetated or stabilized within 60 days of permit expiration in accordance with the grading design manual, and furthermore, in cases where the purpose of the grading permit is not met, shall be designed to restore the native vegetative community. C. Slopes. All exposed cut or fill slopes shall be revegetated or stabilized in accordance with the grading design manual and the approved grading plan. D. Terracing. Terracing to control surface drainage and debris on cut or fill slopes may be required in accordance with the grading design manual. The width of a terrace shall be a minimum of six feet. E. Fill. Fill shall be compacted and soil tested in accordance with the grading design manual. F. Setbacks. The following setbacks shall be increased by the town engineer if considered necessary for safety or stability, or to prevent possible damage from water, soil or debris: 1. Top of Cut Slope. The top of cut slopes shall be made not nearer to a site boundary line than one-fifth of the vertical height of cut, with a minimum of two feet and a maximum of 10 feet. The setback may need to be increased for any required interceptor drains. 2. Toe of Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line than one-half the height of the slope, with a minimum of two feet and a maximum of 20 feet. Page 5 of 18  3. Buildings. Buildings shall be set back from the toe and top of slopes in accordance with the town building codes, Illustration 16.100110-318.81-3 in STC 16.10011018.81.110 or the approved soils report. This shall not reduce the required building setback from property line. 4. Rights-of-Way. The required setback of a slope toe adjacent to a public right-of-way may be reduced with the approval of the town engineer, if there will be no adverse effect and: a. Easements are not required; or b. Retaining walls are used. G. Building Height. The finished grade and building pads shall be established so that the maximum building height shall not exceed the building height contour line (refer to Illustration 16.100110-118.81-1, STC 16.10011018.81.110). H. Drainage Control Systems. 1. Permanent Systems. a. Erosion control shall be constructed and maintained to prevent erosion of slopes, and cleared, brushed, grubbed or graded areas, in accordance with the grading design manual. b. Where cut slopes are not subject to erosion due to the erosion-resistant character of the native materials, erosion control may be omitted upon approval by the town engineer. c. Erosion control devices to prevent erosion or sediment deposition on off-site property may be required in accordance with the grading design manual. d. The shoulders of a paved public or private roadway shall be protected against erosion wherever curbing or constructed spillways are not provided, in accordance with the grading design manual. e. Surface Drainage. (1) Cut and fill slopes shall be provided with approved surface drainage for stability and erosion protection of affected properties in accordance with the grading design manual; (2) Surface drainage interceptors shall be provided at the top of cut and fill slopes where there is surface runoff and erosion potential in accordance with the grading design manual; (3) Drainage slopes to protect foundations shall be provided in accordance with the grading design manual. f. Subsurface Drainage. Subsurface drainage for stability and protection of affected properties from ground water seepage may be required in accordance with the grading design manual. 2. Interim Systems. Interim drainage control systems shall be provided in accordance with the grading design manual. I. Import and Export of Earth Material. 1. Loading of earth material shall occur only within the time limits of subsection J of this section, and dust palliatives shall be applied in accordance with the grading design manual. 2. The transportation of earth material on public rights-of-way shall be in a manner that minimizes blowing soil and other hazards. 3. Adequate protection measures for existing infrastructure, traffic and safety considerations shall be taken. Right of way permit may be required for import, export, or haul route for project(s). Page 6 of 18 J. Hours of Grading. 1. Grading equipment operation within one-half mile of a structure occupied by humans shall not be conducted between sunset and 7:00 a.m. 2. Normal equipment maintenance involving lights, motors or generators, and occurring within 600 feet of a structure occupied by humans, shall not be conducted between 9:00 p.m. and 7:00 a.m. 3. The town engineer may allow grading equipment operation or maintenance during other hours if such operations are not detrimental to the health, safety or welfare of the inhabitants of the structure. 4. Permitted hours of operation or maintenance may be shortened by written notice, if the town engineer finds a substantial adverse effect on the health, safety or welfare of the surrounding community. K. Restriction of Vehicles. 1. No vehicles shall be driven over “natural open space areas,” as designated on the approved grading plan. 2. Points-of-entry to the site during grading shall be only as designated on the approved grading plan. 3. For Type 2 permits, access roads to the site during grading shall be only as designated on the approved grading plan. L. Additional Requirements. 1. During grading, and until revegetation or stabilization has taken place, dust shall be minimized through application of approved dust controls in accordance with the grading design manual. 2. Public rights-of-way, sidewalks and other improvements shall be maintained during grading in a neat and clean condition, free of loose soil, construction debris and trash. 3. Debris, fill or equipment shall not be stored within a public right-of-way without the written approval of the town engineer. 4. Cut or fill material in excess of that allowed by the grading permit shall be disposed of in accordance with the grading design manual. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 16.5018.81.050 Submittals and procedures – Type 1 (grading plan). A. Scope. A Type 1 application for a grading permit requires a completed grading permit application, grading plan and grading statement. A survey sealed by a registered land surveyor is not required. B. Grading Plan Requirements. 1. The existing and proposed finished grade of the area to be graded, based on spot elevations or two-foot contour interval maps; 2. The extent of graded areas, shaded and labeled “graded area,” and, where structures are to be constructed: a. The existing grade at the primary building corners and proposed finished floor elevations; and b. The proposed building heights, shown to conform to the building height contour line requirements; 3. The location of proposed mitigative measures, such as revegetation or retaining walls; 4. The exterior boundaries of the site; 5. Access roads and points-of-entry to the grading site. Page 7 of 18 C. Grading Statement. A written grading statement shall be submitted with an application for a grading permit. The statement shall include, where applicable: 1. A description of stabilization, erosion and drainage control measures; 2. The off-site disposal location and estimated quantity of earth material and vegetation to be removed from the site during grading; 3. Estimated starting and completion dates; 4. A description of the dust control method to be used during grading and until revegetation or stabilization has been completed. D. Documents Preparation. 1. Documents shall be prepared in accordance with the grading design manualthis code.; and 2. Information shall conform with rezoning conditions when applicable and shall be consistent with the rezoning site analysis (refer to STC 18.91.030(G), Rezoning Procedures) and other applicable regulations. E. Application. 1. The grading permit application, grading plan and other required materials shall be submitted for review to the central permits division of the town planning and building public works department. 2. When desired, a letter of intent to exercise the inspection certification option (refer to STC 16.70(B)18.81.070(B)) shall be submitted with the application. 3. The grading permit application shall be completed and signed by the owner or authorized representative. 4. Fees are payable to the town treasurer in accordance with the fees schedule adopted by town ordinance. F. Application Review. 1. The grading sketch and statement shall be reviewed for consistency with applicable regulations and standards, and, if approved, a grading permit shall be issued within five working days of application. 2. If determined inadequate, the application shall be returned within five working days and the owner may resubmit, without additional fees, an amended grading plan or statement. 3. The town engineer shall require that plans and specifications be modified to make them consistent with this code or other applicable regulations. A grading permit may be issued with additional conditions. G. Grading Permit Issuance and Expiration. 1. Issuance. Grading permits are issued by the town engineer. A copy of the grading permit and approved grading plan shall be kept in an easily accessible location on the site. 2. Expiration. A grading permit shall be null and void if the authorized work has not been completed within one year of permit issuance. H. Grading Permit Extension and Reapplication. 1. Extensions. Upon written request by the permit holder, the town engineer may approve a single one time 180-day time extension of a grading permit. 2. Reapplication. Reapplication for a grading permit may be made in accordance with this chapter. A new application and fee will be required. Assurances of additional conditions may be imposed by the town engineer on a permit, as a consequence of reapplication. Page 8 of 18 I. Changes to Grading Permit. 1. Hazardous Conditions. If drainage problems, flood hazards or other hazards occur that were not considered at the time the permit was issued, the town engineer shall require that any substantial engineering modifications be submitted in a report and that the grading design be modified. 2. Nonhazardous Conditions. If unanticipated nonhazardous conditions are encountered during grading and are beyond the scope of the grading permit, the permit holder may submit the necessary engineering modifications in a report to be reviewed and approved by the town engineer. [Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 16.6018.81.060 Submittals and procedures – Type 2 (grading plan). A. Scope. A Type 2 application for a grading permit requires a completed grading permit application, grading plan, grading statement and soils report. Where applicable and not otherwise submitted, drainage improvement plans shall be required also. B. Grading Plan Requirements. 1. The existing and proposed finished grade contours, or sufficient spot elevations (except as amended in subsection (B)(2) of this section) of the area to be graded, at a minimum of two-foot contour intervals. The town engineer may require different contour intervals for steeply sloped areas. 2. The extent of graded areas, shaded and labeled “graded area,” and, where structures are to be constructed: a. Spot elevations may be shown for the finished grade within the building envelope; b. All building pads, showing the existing grade at the primary building corners and proposed finished floor elevations; and c. The proposed building heights, shown to conform to the building height contour line requirements. 3. The general topography for 100 feet, or as specified by the town engineer, outward from sites greater than five acres; the town engineer may determine that such information is necessary for smaller sites. 4. A description of the mitigation methods, specifying elevations, dimensions, quantities and locations, to be used during grading and until revegetation or stabilization has been completed. 5. The exterior boundaries of the site, the basis of bearing and a benchmark to establish the vertical datum. 6. The extent and manner of preserving, relocating, clearing and disposing of vegetation. 7. The final groundcover, revegetation (if any), erosion control and proposed methods for cut or fill stabilization, based upon the soils report (refer to subsection D of this section). 8. Access roads, haul routes and points-of-entry to the grading site. 9. Where drainage improvement plans have not been submitted separately or where interim drainage conditions exist because of project phasing, plans for: a. Drainage or other protective devices to be constructed as part of the grading; b. The drainage area and estimated runoff of the area served by drains. 10. A general description of potential paleontological, archaeological or historical resources, and proposed mitigation measures from a qualified archaeologist or archaeological institute. 11. The off-site disposal location and estimated quantity of earth material to be removed from the site during grading. Page 9 of 18  12. Estimated starting and completion dates for each grading phase. 13. For superior project design and grading performance, it is encouraged that the project designer prepare for project design use an existing site inventory, identifying and quantifying vegetation, soils, on- and off-site viewshed constraints, slope analysis and drainage. C. Grading statement: Refer to STC 16.50(C)18.81.050(C). D. Soils Report. 1. The report shall contain all geotechnical engineering information and recommendations applicable to the project, in accordance with the grading design manual, and shall be sealed by the soils engineer prior to submittal. 2. The civil engineer or qualified registrant responsible for preparing the grading plan shall incorporate all report recommendations into the plan and statement. 3. Approved report recommendations shall become conditions of the grading permit. 4. The civil engineer or soils engineer of the developer shall be required to provide written certification to the building official that the foundation sub-base requirements have been met. E. Documents Preparation. 1. Documents shall be prepared in accordance with the grading design manual. 2. Information shall conform with rezoning conditions (when applicable) and shall be consistent with the rezoning site analysis (refer to STC 18.91.030(G), Rezoning Procedures) and other applicable regulations. 3. Grading Plan Preparation. The plan shall be prepared by, or under the direction of, a civil engineer or qualified registrant (who may consult with, or submit information in conjunction with, a landscape architect or other qualified person with expert knowledge of the subject). F. Application. 1. The grading permit application, grading plan and other required materials shall be submitted to the town department of transportation public works department for distribution to the applicable town review agencies. 2. When desired, a letter of intent to exercise the inspection certification option (refer to STC 16.70(B)18.81.070(B)) shall be submitted with the application. 3. The grading permit application shall be completed and signed by the owner or authorized representative. 4. Fees are payable to the town in accordance with the fees schedule adopted by town ordinance. 5. At the discretion of the town engineer, grading assurances may be required in the form of a performance bond or other security acceptable to the town engineer. The assurances shall be applied only to: a. Eliminate potential hazardous conditions; or b. Mitigate the effects of dust, drainage, erosion, visual scars or hazardous conditions, in accordance with the grading design manual. G. Application Review. 1. Grading plans and related submittals shall be reviewed concurrent with the tentative plat or development plan review process for the project. Page 10 of 18  2. Plans and reports shall be reviewed for consistency with applicable regulations and standards, and the approved rezoning site analysis (if required). If determined inadequate, they shall be returned within five working days. 3. Written review comments shall be provided to the applicant within 20 working days for the first submittal, and within five working days of each resubmittal, until approved and permits issued. 4. Prior to approval of the grading plan, the town engineer shall inspect the site to determine that the submittals are current and reflect existing conditions. H. Preliminary Grading. 1. Preliminary Grading Approval. A preliminary grading permit for clearing, brushing, grubbing, preliminary excavation or filling may be issued in special circumstances at the discretion of the town engineer, provided: a. The town engineer finds that the proposed grading is consistent with this chapter and code; b. The town engineer finds that the proposed grading will not have an adverse effect on the existing site and surrounding area; c. Preliminary grading shall occur in accordance with an approved preliminary grading plan, and shall occur no less than 20 feet from the boundaries of the future development envelope, exclusive of approved points-of-entry; and d. Preliminary grading assurances have been provided in accordance with subsection (H)(2) of this section. 2. Preliminary Grading Assurances. a. When approval has been granted for preliminary grading, grading assurances shall be posted in an amount not to exceed the approved preliminary grading cost estimate made by a civil engineer; b. The assurances shall be applied only to: (1) Eliminate potential hazardous conditions; and (2) Mitigate the effects of dust, drainage, erosion, visual scars or hazardous conditions, in accordance with the grading design manual; c. The assurances shall be released by the county Town when the preliminary grading has been inspected and received the written approval of the town engineer. Final approval of a grading permit shall not require the release of the assurances in the event of preliminary grading noncompliance. I. Grading Permit Issuance and Expiration. 1. Issuance. Grading permits shall be issued by the town engineer no earlier than at the time of written staff approval of the tentative subdivision plat or development plan. A copy of the grading permit and approved grading plan shall be kept in an easily accessible location on the site. 2. Expiration. A grading permit shall be null and void if the authorized work has not been completed within one year of permit issuance. J. Grading Permit Extension and Reapplication. 1. Extensions. Upon written request by the permit holder, the town engineer may approve a single 180-day time extension of a grading permit. Page 11 of 18  2. Reapplication. Reapplication for a grading permit may be made in accordance with this chapter. Assurances or additional conditions may be imposed by the town engineer on a permit, as a consequence of reapplication. K. Changes to Grading Permit. 1. Hazardous Conditions. If drainage problems, flood hazards or other hazards occur that were not considered at the time the permit was issued, the town engineer shall require that any substantial engineering modifications be submitted in a report and that the grading design be modified. 2. Nonhazardous Conditions. If unanticipated nonhazardous conditions are encountered during grading and are beyond the scope of the grading permit, the permit holder may submit the necessary engineering modifications in a report to be reviewed and approved by the town engineer. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 16.7018.81.070 Inspections and performance defaults. A. General Inspections. 1. All grading which requires a permit may shall be inspected by the town engineer in accordance with the grading permit: a. The inspection schedule shall be prepared in accordance with the grading design manual. Fees shall be based on the inspection schedule and payable to the county treasurertown in accordance with the fees schedule adopted by county town ordinance; b. The permit holder shall provide notification 24 hours prior to an inspection request, or as specified on the grading permit. 2. If the town engineer finds site conditions are not as stated in the approved grading permit conditions, the town engineer may order work authorized by the grading permit to stop until a revised grading plan has been approved. 3. Whenever grading work requiring town inspection is concealed by additional work without first having been inspected, the town engineer may require, by written notice, that such work be: a. Exposed, for inspection by the town; or b. Certified by the project civil engineer as being in conformance with applicable regulations. B. Inspection Certification Option. 1. The owner may shall retain a civil engineer to: a. Perform the required grading construction inspections; and b. Certify, upon notification of completion, that grading has been performed in conformance with approved plans and permit conditions. 2. The owner shall submit a letter of intent to invoke the certification option, which shall include a written agreement of certification responsibility from a civil engineer, with the grading permit application. 3. Inspection fees are waived, with the exception of the final grading inspection fee. 4. The civil engineer shall maintain project logs and records consistent with accepted engineering practice for a minimum of three years after project completion. 5. The town engineer may periodically inspect the grading to determine that adequate control is being exercised by the civil engineer. Page 12 of 18  6. The town engineer shall conduct a final inspection and the owner shall be liable for any corrective action deemed necessary. C. Final Inspection of Rough Grade. 1. All rough grading shall be completed in accordance with the grading permit prior to final rough grade inspection by the town engineer. 2. The final inspection shall be conducted by the town engineer prior to issuance of a certificate of substantial grading conformance or release of grading assurances (if required). The permit holder shall provide a minimum of 24 hours’ notice to the town engineer when any phase of rough grading is ready for final inspection. 3. The town engineer may approve completed rough grading prior to completion of related work in cases of extreme hardship or where grading has been designed to be completed in phases; provided, that no hazards exist and a performance bond has been posted to ensure completion of remaining grading work of that phase. 4. The soil report and certification of sub-base requirements shall be submitted to the building official prior to any foundation inspections. D. Final Grading Inspection. 1. All required grading work shall be completed in accordance with the grading permit prior to final grading inspection by the town engineer and issuance of a certificate of final grading approval. 2. Where the conditions of a grading permit include the establishment of vegetation or other final site grading work that extends beyond the expiration of the grading permit, the town engineer shall make a post-grading inspection within six months of permit expiration or as required by the grading permit. E. Maintenance of Revegetation. The maintenance of revegetated graded areas shall be in accordance with STC 18.73.080 (Landscaping, Buffering and Screening Standards). [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 16.8018.81.080 Enforcement and penalties. A. Grading Permit Enforcement. 1. The enforcement of this chapter and conditions of the grading permit shall be in accordance with this sectionSection 16 and Chapter 18.95 STC (Compliance and Enforcement). 2. When the town engineer determines a substantial noncompliance with the conditions of the grading permit, the town engineer shall issue a stop-work order and hold in abeyance, by written notice, the town review of other submittals related to the development project and the issuance of county permits for any aspect of the development project until remedial actions have received the written approval of the town engineer. B. Stop-Work Orders. 1. Whenever the town engineer determines that grading does not comply with this chapter or the grading permit conditions, or that the soil or conditions are not as stated on the permit, the town engineer may order the work stopped by written notice served on any person engaged in doing or causing such work to be done. 2. Any such person shall immediately stop such work until authorized by the town engineer to proceed with the work. C. Penalties. 1. Failure to Obtain Grading Permit. Unless exempted by this chapter (refer to STC 16.20(D)18.81.020(D)), failure to obtain a grading permit prior to commencement of grading shall be a violation of this code. However, the town engineer may issue an exception permit if the town engineer finds that an emergency existed which made it impossible first to obtain a grading permit. Page 13 of 18  2. Violations. A violation shall result in issuance of a stop-work order and penalties in accordance with STC 18.95.040 (Compliance and Enforcement). this chapter. Payment of a fine shall not relieve any person from complying with the requirements of this chapter. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 16.9018.81.090 Administrative modification. A. Quantifiable requirements of STC 16.20(B)18.81.020(B) (Type 1 (Grading Plan) Permit Applicability), STC 16.4018.81.040 (General Grading Performance Standards), and those guidelines/standards of the town engineer may be modified up to a maximum of 20 percent by the town engineer when it is demonstrated that an unusual site or use condition exists and when such adjustment will not result in a danger to persons or property. B. In determining whether to grant the adjustment, the town engineer shall follow the board of adjustment standards for granting variances set forth in STC 18.93.030(B), and enumerated below: 1. The strict application of the provision would work an unnecessary hardship; 2. The unnecessary hardship arises from a physical condition that is unusual or peculiar to the property and is not generally caused to other properties in the zone; 3. The unnecessary hardship does not arise from a condition created by an action of the owner of the property; 4. The variance is the minimum necessary to afford relief; 5. The variance does not allow a use which is not permitted in the zone by the code; 6. The variance is not granted solely to increase economic return from the property; 7. The variance will not cause injury to or adversely affect the rights of surrounding property owners and residents; 8. The variance is in harmony with the general intent and purposes of the code and the provision from which the variance is requested; 9. The variance does not violate state law or other provisions of town of Sahuarita ordinances; 10. No condition attached to the variance is personal to the appellant. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 16.9010018.81.100 Waivers and interpretation review. A. Waivers. 1. Scope. A waiver from a provision of this chapter may be granted by the town engineer when the strict application of the provision would require work by the permit holder detrimental to the purposes of this chapter and cause an unnecessary hardship which substantially limits the preservation and enjoyment of property rights. 2. Standards. A waiver shall not be granted unless: a. The hardship is not generally caused to other properties subject to the provision; b. The waiver is the minimum necessary to afford relief; c. The waiver will not be materially detrimental to the rights of owners and residents of other affected properties; and d. The waiver is in harmony with the intent and purposes of this code and the provision of this chapter from which the waiver is requested. 3. Conditions. Conditions may be imposed on a waiver that will: a. Secure the intent and purposes of this code and the provision of this chapter from which the waiver is granted; and Page 14 of 18  b. Provide adequately for the protection of surrounding property owners and residents. 4. Application. The request for waiver shall be made on a form provided byin writing to the planning and building public works department and shall be decided within 60 days. 5. Review and Notice. The town engineer shall provide notice of the waiver request and, within five working days, notice of the decision shall be mailed to the applicant and all property owners within 300 feet of the grading site. Failure to provide notice shall not invalidate the decision of the town engineer. 6. Appeal. The decision may be appealed within 15 days of the decision to the town engineer. board of adjustment in accordance with Chapter 18.93 STC. Hearing fees shall be required. B. Interpretation Review. 1. Scope. Upon request by an affected person who believes there has been a misinterpretation, the board of adjustment town engineer shall review an interpretation of a provision of this chapter made by a town official. 2. The request for review shall cite: a. The disputed interpretation made by the town official; and b. The words alleged to have been misinterpreted. 3. Application. The request shall be made on a form provided by the public works planning and building department. and shall be heard within 60 days. Hearing fees shall be required. 4. Review and Notice. The board of adjustment shall hold a hearing on the interpretation request and, within five working days, notice of the decision shall be mailed to all property owners within 300 feet of the grading site. Failure to provide notice shall not invalidate an action of the board. CB. Appeal to Superior Court. Appeal from a decision of the board of adjustmenttown engineer may be made to the superior court by the owner or affected persons. [Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 16.10011018.81.110 Illustrations. See Illustrations 16.100110-118.81-1, 16.100110-218.81-2, and 16.100110-318.81-3. Page 15 of 18 Illustration 16.100110-118.81-1 Building Height Contour Line Illustration 16.100110-218.81-2 Slope Determination Page 16 of 18 Page 17 of 18 Illustration 16.100110-3 Page 18 of 18  Agenda Item 7: Attachment 2 From: Anna Casadei To: Jennifer Barroso Cc: Orlanthia Henderson Subject: RE: [EXTERNAL] Comments on Sahuarita Grading Standards Draft Amendment Date: Tuesday, August 30, 2022 1:20:01 PM Attachments: image002.png image003.png Jennifer, thank you for this feedback. We will run your suggestions by the Public Works Department for their thoughts and will let you know where we land. Anna Tell us about your experience. www.Sahuaritaaz.gov/PBcomments From: Jennifer Barroso <Jennifer@sahba.org> Sent: Tuesday, August 30, 2022 12:03 PM To: Anna Casadei <acasadei@sahuaritaaz.gov> Subject: [EXTERNAL] Comments on Sahuarita Grading Standards Draft Amendment Hello Anna, Thank you for the opportunity to comment on the Sahuarita Grading Standards Draft Amendment. SAHBA appreciates the ongoing collaboration, and we are happy to address the objectives of the Town while continuing to facilitate home building activity within Sahuarita. We have circulated the proposed changes to the code of the amendment and the general conclusion is that the majority of these changes make sense. We would like to offer just a few comments for your consideration: 1. 16.20, D. 14: “Underground utility installations under a paved roadway…” Can these be integrated with the Type I New regulation? 2. 16.30, Definitions: “Representative, Authorized Town” Would this prohibit a third-party inspector option?  3. 16.40, A.2: Proposed Addition Would it be possible to make an addition: After “by the town engineer”, add “if and when needed”? 4. 16.70, B.1: “The owner shall retain a civil engineer…” What if the Town decides they want to self-inspect? We look forward to having a follow-up meeting at your convenience to discuss these comments or answer any questions you may have about them. Thank you, again. Have a great week. Best,