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A. Purpose

The purpose of this section is to protect and enhance riparian areas by instituting standards for preservation of riparian habitats associated with watercourses and significant stands of native vegetation in order to:

1. Protect the valuable, limited and endangered natural riparian habitat resources of the Town of Oro Valley;

2. Provide an ecologically sound transition between riparian habitat communities and developed/developing areas;

3. Assure the continuation of existing or natural functions, values and benefits provided by riparian habitat resources;

4. Protect aesthetic and environmental values of riparian habitats for the enjoyment of citizens and visitors; and

5. Maintain linear continuity for riparian habitat.

B. Riparian Habitat Identified; Protective Buffer Required

1. Riparian Habitat

Concurrent with the passage of this Riparian Habitat Overlay District, a set of maps entitled Riparian Habitat Maps, which are available in the Oro Valley Planning and Zoning Department, are also adopted. Said maps chart all riparian habitats within the Town of Oro Valley, which meet the criteria specified herein. Riparian areas identified must be protected from development, in accordance with the policies set forth in the Riparian Habitat Protection Overlay District, the General Plan and other adopted plans and policy documents by and of the Town of Oro Valley.

2. Protective Apron Required

In addition to the defined Riparian Habitat area, as described and further depicted on the adopted Riparian Habitat Maps, an apron area, not less than fifteen (15) feet in width, as measured in any direction from the boundary of a defined Riparian Habitat, shall be provided. Within the required apron area, subsequent to erection of required temporary fencing (see subsections C and D of this section) and issuance of a grading permit, disturbance may occur; i.e., apron area may be used as a “trample zone” for grading, utility installation and other construction-related activities. If this required fifteen (15) foot apron area is disturbed in any way, however, the restoration of the apron, including re-establishing natural grades and soil compaction, must be addressed in the mitigation/revegetation plans, to the satisfaction of the Planning and Zoning Administrator.

3. Applicability

This section shall apply to all new development, rezoning submittals, subdivision plats, development plans, re-subdivisions of approved plats and/or to annexed, undeveloped areas, which encompass wash and riparian habitats, as delineated on the Riparian Habitat Maps, adopted with, and made a part of, this overlay district. All regulations set forth herein shall apply to wash and riparian habitat areas identified as being either Hydroriparian, Mesoriparian or Xeroriparian, Types A, B, or C.

a. Exceptions

i) This section shall not apply to any development, residential or commercial, approved prior to the date of adoption of the ordinance codified in this Chapter.

ii) This section shall not apply to any construction related to the provision of alternative water supplies including, but not limited to, facilities for the purposes of groundwater recharge, groundwater savings, and the enhancement of riparian and environmentally sensitive areas.

((O)11-15, 05/18/11)

C. Riparian Habitat Study/Mitigation Plan Requirements

At the pre-application stage of development, the Planning and Zoning Administrator or his/her designee shall evaluate a site proposed for development and, in accordance with the Riparian Habitat Maps, shall determine whether or not riparian habitat areas exist on the subject property.

In areas Annexed into the Town subsequent to the effective date of the ordinance codified in this Chapter, prospective land developers will be required to provide to the Town a map of riparian habitats, as identified by a qualified professional, which may exist on the property proposed for development. If it is determined that riparian habitat areas do exist, the Riparian Habitat Maps shall be updated to reflect these findings.

If identified riparian areas do occur on a site, the applicant must make a decision as to whether encroachment will, or must, occur within it.

1. In the event that the applicant commits to no encroachment into the designated riparian habitat, and to preservation/re-vegetation of the required fifteen (15) foot apron area around the entire riparian habitat (see subsection B.2 of this section for further clarification), the requirement for a Riparian Habitat Study may be waived. However, the applicant must commit, in writing, to erecting temporary fencing (see subsection D.2 of this section) around the entire habitat and said fencing shall be placed prior to any grubbing, grading or construction occurring on the project site. The fencing shall remain in place until all construction has been completed.

2. If it is determined that encroachment into identified riparian areas is to occur, a Riparian Habitat Study and Mitigation Plan must be prepared in accordance with submittal requirements established by the Planning and Zoning Administrator. Said study and plan must accompany any application for development (i.e., rezoning, conditional use permit, development plan and/or subdivision plat).

3. Approvals Required

a. Riparian Habitat Studies and Mitigation Plans shall be reviewed by the Planning and Zoning Administrator or his/her designee as part of the development review process (rezoning, preliminary plat, or development plan). It shall be within the purview of the Administrator to call upon a qualified professional(s) with expertise in the field of vegetation preservation to assist in the review process. If outside expertise is required, the applicant will be required to set up an account which will pay for such services.

b. In addition to meeting all mitigation requirements set forth within Table 24-7: Town of Oro Valley Riparian Habitat Mitigation Standards, the following factors shall also be taken into consideration when evaluating the Mitigation Plan:

i) Amount and quality of the riparian area to be disturbed;

ii) Prior site disturbance, if any;

iii) Contiguity of the habitat;

iv) Presence of special status animal species inhabiting or traveling through the area in a riparian habitat area, as determined by the Arizona Game and Fish Department;

v) Upstream and downstream characteristics of designated washes;

vi) Alternative site designs which could minimize encroachment;

vii) Consideration of any other information or substantiation as may be provided by the applicant relative to the need for, and extent of, the proposed encroachment;

viii) An assessment of the applicant’s compliance with the prescribed standards for mitigation, as set forth within Table 24-7: Town of Oro Valley Riparian Habitat Mitigation Standards;

ix) A comparison of the Mitigation Plan with the study of existing conditions; i.e., the composition of the vegetative community, as set forth in the Riparian Habitat Study for the site; and

x) An assessment of the applicant’s plans to compensate for the impact.

c. No permits for grubbing or grading may be issued, nor can a plant salvage operation commence, prior to the Administrator’s approval of the Riparian Habitat Study and, if applicable, the Mitigation Plan, unless the Planning and Zoning Administrator determines that the proposed grubbing, grading or salvage will not impact a protected wash.

4. (Repealed by (O)11-15, 5/18/11)

5. Mitigation Bond Required

A mitigation bond, separate from the required restoration bond, must be posted prior to any site disturbance. Said bond shall be in an amount equal to one hundred twenty percent (120%) of the landscape materials and labor required to restore the area and one hundred twenty percent (120%) of the cost to irrigate the new plant materials for a period of five (5) years.

Table 24-7. Town of Oro Valley Riparian Habitat Mitigation Standards

Item

Hydro-/Meso-Riparian

Xero-Riparian A

Xero-Riparian B

Xero-Riparian C

Trees (Canopy)

90 trees/ac., 50% 30" boxed, 25% 24" boxed and 25% 15 gal.

75 trees/ac., 75% 24" boxed, 25% 15 gal.

60 trees/ac., 50% 24" boxed, 50% 15 gal.

45 trees/ac. 25% 24" boxed, 75% 15 gal.

Shrubs (Mid-Story)

200 shrubs/ac., min. 5 gal.

175 shrubs/ac., 75% 5 gal., 25% 1 gal.

135 shrubs/ac., 75% 5 gal., 25% 1 gal.

100 shrubs/ac., 50% 5 gal., 50% 1 gal.

Seeding (Understory)

Hydroseed entire disturbed area with Mix A*

Hydroseed entire disturbed area with Mix B*

Hydroseed entire disturbed area with Mix B*

Hydroseed entire disturbed area with Mix B*

Grading/ Erosion Control

Grading shall facilitate collection and retention of stormwater runoff.**

Grading shall facilitate collection and retention of stormwater runoff.**

Grading shall facilitate collection and retention of stormwater runoff.**

Grading shall facilitate collection and retention of stormwater runoff.**

Irrigation

All transplanted, salvaged and nursery stock trees and shrubs shall be watered via an automatic drip irrigation system, to be maintained in good working order.

All transplanted, salvaged and nursery stock trees and shrubs shall be watered via an automatic drip irrigation system, to be maintained in good working order.

All transplanted, salvaged and nursery stock trees and shrubs shall be watered via an automatic drip irrigation system, to be maintained in good working order.

All transplanted, salvaged and nursery stock trees and shrubs shall be watered via an automatic drip irrigation system, to be maintained in good working order.

Maintenance

***

***

***

***

* It may be necessary to adjust seed mix, based on season, to assure germination.

** Harvesting of run-off outside the mitigation area is encouraged, if consistent with applicable codes.

*** All mitigation plans must include the following statement/commitment:

“The project owner, and/or his successors, agree to preserve and protect the mitigation area for the duration of the project. Further, said project owner, or his successors, agree to actively maintain the mitigated area for a period of not less than five years. Maintenance activities shall include, but not be limited to, the regular operation of the irrigation system, the replacement of dead trees, and the removal of non-indigenous, invasive plant species.”

((O)11-15, 05/18/11)

D. Development Standards Within and Around the Riparian Habitat Overlay District

1. Disposition of Lands in Identified Riparian Habitats

a. Any land area located within an identified riparian habitat, per the adopted maps, or the required fifteen (15) foot apron area surrounding it in its entirety, shall be placed in a common area and shall be labeled as a conservation easement. An association, with adopted covenants, shall be formed to assure the perpetual protection, preservation, and maintenance of said easement or common area. Recorded conservation easements must be approved by the Town Attorney, and shall be enforceable by the Town of Oro Valley.

b. For residential development within the R1-20, R1-36, R1-43, and R1-144 Districts, individual lots may be platted to include riparian areas; provided, that a conservation easement is recorded across those areas. Said conservation easement must be approved by the Planning and Zoning Administrator and the Town Attorney and may be enforced by either the Town or a homeowners’ association. The conservation easement must prohibit construction, clearing of vegetation, ground disturbance, and alteration of topography, regardless of amount.

2. Temporary Fencing Required

a. Temporary fencing shall be erected to protect identified riparian habitat areas. Said fencing shall be erected on the exact boundary line of the habitat area, as identified via map and survey. Said fencing must be wildlife friendly (per Arizona Game and Fish) and shall be of a type and material approved by the Town’s Zoning Inspector. Said fence must clearly and conspicuously delineate any area on the site which is to remain in a natural state, pursuant to the approved plans. Barbed wire may be used only in open range locations. If barbed wire is used within one hundred (100) yards of a riparian habitat, the bottom and top wires shall be twelve and one-half (12 1/2) gauge barbless wire and clearance underneath such wire fence shall be a minimum of sixteen (16) inches. Wire fencing used elsewhere to protect apron and riparian habitat areas shall be limited to stranded wire.

b. Temporary fencing must be installed and inspected by the Town’s Zoning Inspector prior to any site disturbance.

c. Temporary fencing may be removed only upon completion of construction, as verified by the Town Zoning Inspector.

d. The requirement for temporary fencing may be waived by the Planning and Zoning Administrator if a grading plan demonstrates that the fenced building envelope will satisfy the requirements, or meet the intent, of this section.

3. Disturbance for Essential Infrastructure

Up to five (5) percent of the regulated habitat may be disturbed, at the discretion of the Town Engineer and Planning and Zoning Administrator; however, no approval for such disturbance may be given until all other design options for installation of essential infrastructure have been thoroughly explored and a Mitigation Plan for the affected area(s) has been approved. If restoration of the destroyed habitat is not possible, based upon required paving, drainage structures, or for access to utilities for maintenance purposes, another area, on-site only, may be used to fulfill the mitigation requirements, as approved by the Planning and Zoning Administrator, on an acre for acre basis.

4. Permanent Walls and Fences

No walls, fences, or other barriers may be located so as to impede wildlife movement through designated riparian habitats. (See subsection D.2 of this section for fencing criteria.)

5. Outdoor Lighting

All outdoor lighting shall conform to Oro Valley’s Outdoor Lighting Code, Section 27.5.

6. Discharge of Dangerous or Harmful Products into Protected Areas

It shall be unlawful for any developer, or subsequent property owner, to discharge, or deposit, any chemical, chemical-carrying liquid, including swimming pool discharge, or any dangerous substance into a protected riparian habitat or its surrounding fifteen (15) foot apron area. Any person found guilty of such violation may be prosecuted in accordance with Section 30.2.

((O)11-15, Amended, 5/18/11)

E. Modification to Zoning District Development Standards Allowed in Subdivisions and Developments Containing Identified Riparian Habitats

1. Modifications to Zoning District Standards

Certain modifications to the development standards of any zoning district may be granted, if deemed appropriate, for properties which include identified riparian habitats. Such modifications may be granted only at the discretion of the Town Council and only in the following cases:

a. When encroachment into regulated habitat areas would be unnecessary if the modification were to be granted, and

b. When it is determined by the Planning and Zoning Administrator, based on a review of the plat or plan, the Riparian Habitat Study and the Mitigation Plan, that development within identified riparian areas cannot be reasonably avoided, and replacing and/or recreating the habitat is not an option.

2. Applicability

Development standards in any zoning district including, but not limited to, the following may be modified as a part of the development (rezoning, subdivision plat or development plan) approval process:

a. Setbacks

Modifications to the building setbacks (up to twenty percent (20%) of the required setback of the zoning district) and/or distance between buildings.

b. Minimum Lot Size

Minimum lot sizes in all R1, R-4, R-S and SDH-6 districts may be modified; however, such lot size modifications are available only where an area of riparian habitat and undisturbed natural areas will be owned by a homeowners’ association, in common area, and preservation in a natural state is guaranteed through recorded covenants running with the land, which are enforceable by the Town of Oro Valley.

The sum total of square feet by which the area of each lot in the subdivision is reduced shall not exceed the total square footage of the preserved area. Said reduction in lot size shall not result in a density which exceeds that permitted by the zoning district, as provided in a calculation based on the adjusted gross acreage.

Residential lots may be reduced in size, but may not be smaller than the minimum lot areas set forth below:

District

Minimum Lot Size

R1-144

115,000

R1-43

36,000

R1-36

28,000

R1-20

16,000

R1-10

8,000

R1-7

6,000

SDH-6

5,500

R-4

5,000

R-S

5,000

When modified, smaller lot sizes are approved for use, said sub-standard sized lots must be placed as far away from riparian habitats as feasible and special consideration shall be given to providing the largest lots in the subdivision adjacent to the protected habitat areas.

c. Off-Street Parking. Off-street parking requirements may be modified, provided it can be demonstrated that such modification will not result in a danger to persons or property, or in increased traffic.

d. Other Modifications Permitted. Modifications to development standards not set forth herein may be requested, and may be granted by the Town Council, if modifications promote the preservation of natural areas and do not violate statutes, development agreements, appeal processes, or other provisions of this Code.

Modifications to development standards may be granted at the rezoning stage and conditional use permit, upon recommendation by the Planning and Zoning Commission and approval by Town Council, or, if associated with a plat or site plan, Town Council approval may be given upon recommendation by the Planning and Zoning Commission.

((O)17-05, 06/07/17; (O)11-15, 05/18/11)

F. Variance

Per Section 21.6, any requests for variance to the provisions of this section must be granted by the Board of Adjustment. In addition to the findings required in Section 22.13, the Board of Adjustment must also find that:

1. Approval of the variance will not adversely impact the identified riparian habitat, by allowing destruction of same, or

2. The developer has committed to, and submitted, a mitigation plan which conforms to all requirements of subsection C of this section, which has been approved, with or without modifications, by the Town Council.