A.   Purpose.

   1.   The purpose of this chapter is to protect the public health, safety, general welfare, and aesthetics by regulating grading and related site work (including initial clearing, brushing or grubbing, subsequent excavating or filling, and related site work) on private and public land, including land owned by the town.

   2.   It establishes standards designed to:

      a.   Regulate the development of potentially hazardous terrain;

      b.   Conserve the general visual character of 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 have been prepared in the context of town specific desert environment. They are intended to complement the applicable provisions of development code and other town ordinances.

   4.   Granting of a permit for grading and related site work shall not relieve the applicant of responsibilities to other jurisdictions.

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 and related site work regulated by this chapter shall be reviewed by the town staff prior to the issuance of any permit to ensure compliance with the guidelines of this chapter and the specific standards and requirements of this chapter.

   2.   The design and implementation of all grading and related site work 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, and;

      d.   Restrict the area and volumes to the minimum necessary to implement the planned development.

   3.   In all 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 floodway-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 designated and implemented to minimize adverse impacts and include appropriate restorative measures.

A.   Scope.

   1.   All development projects shall require either a minor grading type 1 or a major grading type 2 permit, except as exempted in subsection D of this section.

   2.   All development projects that construct major utility infrastructure such as water lines, sewer lines, electrical lines, natural gas lines, and telecommunication facilities shall require a major utility permit.

   3.   All development projects that construct new infrastructure to be dedicated to and maintained by the Town shall require a public infrastructure permit.

   4.   Town development projects shall abide by the requirements of this chapter. The council may grant a special exception at a public hearing to a requirement of this chapter for a town development project.

B.   Type 1 permit applicability. A type 1 permit is required for:

   1.   Residential development on a single parcel or lot within a custom lot subdivision.

   2.   Non-residential development on less than one acre, or which does not require a subdivision plat or development plan.

   3.   The clearing, brushing, or grubbing of a site.

   4.   Temporary off-site stockpiling of more than 100 cubic yards of fill.

   5.   Grading which requires a permanent cut or fill slope greater than five feet in height or steeper than a 3:1 slope.

   6.   New pavement of 5,000 to 14,000 square feet.

   7.   The paving of an access easement.

C.   Type 2 permit applicability. A type 2 permit is required for:

   1.   Mass grading of a residential development which requires a subdivision plat or development plan.

   2.   Non-residential development on one or more acres, or which requires a subdivision plat or development plan.

   3.   New pavement of more than 14,000 square feet.

   4.   Blasting activities.

   5.   Dry well installations.

   6.   Super pad grading operations.

D.   Exemptions. The following activities are exempted from this chapter.

   1.   Temporary off-site stockpiling of less than 100 cubic yards of fill.

   2.   Resurfacing or maintenance of an existing paved surface, or the application of a dust palliative on an unpaved road.

   3.   New pavement of less than 5,000 square feet.

   4.   Single-home sewage disposal system.

   5.   Excavation below finished grade for a basement, foundation, wall or swimming pool authorized by a building permit.

   6.   Cemetery graves.

   7.   Refuse disposal site controlled by other regulations.

   8.   Exploratory excavation under the direction of a soil engineer or engineering geologist, provided all excavation is properly backfilled in accordance with town standards.

   9.   Qualified archaeological exploration of a registered archaeological site.

   10.   Removal of no more than 25% of the individual plants for storage and replanting on the same property. This provision shall not exempt clearing, brushing, or grubbing.

   11.   Underground utility crossings under a paved roadway surface or a continuously-maintained unpaved roadway surface and which provide no disturbance of the surface. A right-of-way use permit is required for all work performed within a town right-of-way.

   12.   Grading for the maintenance of an existing private access, road or driveway, provided that it either existed prior to adoption of, or was established in conformance with, this chapter. Proof of such may be required by the town.

   13.   Grading for a utility easement or appurtenant utility access.

   14.   Grading for normal agricultural practices on or within existing areas of agricultural use.

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 Marana floodplain management ordinance.

B.   Definitions: For purposes of this chapter only, the following words and terms shall mean:

   1.   Access road: A road within one mile of the grading site, designed 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.

   2.   Approval: Written notice by town staff approving the design, progress or completion of work.

   3.   Approved plan: The most current grading plan which bears the authorized signature of approval of town staff.

   4.   Approved testing agency: 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 registered civil engineer.

   5.   Borrow: Earth material acquired from an off-site location for use in grading a site.

   6.   Brushing: The selective removal of vegetation.

   7.   Clearing: The substantial removal of vegetation.

   8.   Custom lot subdivision: A subdivision that only builds the streets and other major utility infrastructure and does not design or grade the homesites.

   9.   Development project: Any manmade change to improved or unimproved real estate including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, and excavating.

   10.   Envelope, building:

      a.   A dwelling unit and all attached roofed structures, including carports or patio ramadas;

      b.   For non-residential development, the building envelope shall be the main building and all attached roofed structures.

   11.   Envelope, development: The total area encompassed by a continuous line drawn a minimum distance of five feet outside any and all work shown on the approved plan and any other surfaces which will be disturbed (as access roads). There shall be no more than one envelope per permit unless such envelopes are separated by an undisturbed distance of at least 100 feet.

   12.   Erosion: The wearing away of the ground surface as a result of the movement of wind, water or ice.

   13.   Excavation: The artificial (e.g. mechanical, manual, blasting, etc.) removal of earth materials.

   14.   Final inspection: Field inspection conducted by the town prior to project acceptance or release of assurances (if required).

   15.   Grade: The vertical location of the ground surface.

   16.   Grade, existing: The actual, current ground surface as of the date of adoption of the ordinance adopting this chapter.

   17.   Grade, finished: The final grade conforming to the approved grading plan.

   18.   Grade, rough: The stage at which grading substantially conforms to the approved grading plan.

   19.   Grading: The initial clearing, brushing, or grubbing, and subsequent excavating or filling, of a site.

   20.   Grading permit: An official document issued by town staff authorizing the grading and related site work activity specified by the permit conditions.

   21.   Grubbing: The removal of trees and other large plants by their roots.

   22.   Inspector: A person authorized by the town to perform inspection on grading or related site work.

   23.   Mass grading: Subdivision development characterized by grading all roads and lot pads at the same time based on a set of cohesive plans.

   24.   Permit conditions: The specifications and requirements of the approved grading plan, grading statement, soils report, or other documents necessary for permit approval.

   25.   Related site-work: Work other than general, or mass grading which involves:

      a.   Below-the-surface operations (such as trenching for utilities or landscaping);

      b.   Placing of pavement and its substructure;

      c.   Curbs, gutters, and sidewalk;

      d.   Grading of drainage channels; and

      e.   Constructing minor slope protection facilities and retaining walls.

   26.   Retaining wall: 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.

   27.   Re-vegetation: Placement of living plant material on sites or cut and fill slopes where the natural vegetation has been removed.

   28.   Site: Any lot or parcel of land, or contiguous combination of lots and parcels under the same ownership, or unified control, where grading or related site work is to be performed.

   29.   Slope: An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

   30.   Soil: Naturally occurring deposits overlying bedrock.

   31.   Stabilized slope: A slope treated with re-vegetation or other mitigation measures approved by the town that contribute to resistance to erosion of siltation or to structural strength of the slope.

   32.   Super pad: A mass grading operation which brings the site nominally within the range of the final design grades. This activity requires its own detailed grading plan. The super pad grading design must be able to exist as a final product with no adverse impact to surrounding properties should the ultimate grading not take place.

   33.   Temporary off-site stock-piling: The storing of a quantity of material for not more than 180 days. A revised period may be accepted by the town engineer, at his discretion when the permit is issued, and shall determine the expiration date.

A.   Scope. The performance standards of this section are general grading and related site work performance requirements.

B.   Natural undisturbed open space (NUOS). No vehicles shall traverse and no earth moving activities shall be conducted within areas designated by plat, or grading plan, as natural undisturbed open space (NUOS).

C.   Site re-vegetation and stabilization. All graded areas that have not been re-vegetated, stabilized, or constructed upon at expiration of the permit shall be re-vegetated or stabilized within 60 days of the expiration date of the original permit, unless an extension is issued at the discretion of the town.

D.   Slopes. All exposed cut or fill slopes shall be re-vegetated or stabilized in accordance with the approved grading plan and the "site revegetation and stabilization" graphic that accompanies this paragraph.

E.   Terracing. Terracing to control surface drainage and debris on cut or fill slopes may be required.

F.   Fill. Fill shall be compacted and soil-tested in accordance with all applicable standards.

G.   Setbacks. The following minimum setbacks shall be increased by town staff if considered necessary for safety or stability, or to prevent possible damage from water, soil or debris:

   1.   Terraces. The width of a terrace shall be a minimum of six feet.

   2.   Buildings. Buildings shall be set back from the toe and crest of a slopes in accordance with this chapter, the town building code, or the approved soils reports, whichever is greatest.

   3.   Rights-of-way. The required setback of a slope toe, or retaining wall face, adjacent to a public right-of-way shall be ten feet, and may be reduced with the approval of town staff. Slope easements within the right-of-way may be considered at the town's discretion.

H.   Drainage control systems.

   1.   Permanent control systems.

      a.   Surface drainage.

         i.   Cut and fill slopes shall be provided with approved surface drainage for stability and erosion protection of affected properties.

         ii.   Approved surface drainage interceptors shall be provided at the top of cut and fill slopes where there is surface runoff and erosion potential.

      b.   Subsurface drainage. Subsurface drainage for stability and protection of affected properties from ground water seepage may be required by town staff.

   2.   Interim systems. Approved interim drainage control systems shall be provided.

I.   Restrictions of access.

   1.   If required by the town, points-of-entry to the site during construction shall be only as designated on the approved grading plan.

   2.   If required by the town, access roads to the site during construction shall be only as designated on the approved grading plan.

J.   Additional requirements.

   1.   During construction, and until re-vegetation or stabilization has taken place, dust shall be minimized through application of approved dust controls as may be required by town staff.

   2.   Public rights-of-way, sidewalks, and other improvements shall be maintained during construction 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.

   4.   All excess earth work and debris shall be removed from the site and disposed of in an approved manner.

K.   Grading within the Tortolita Fan area. To minimize erosion and sedimentation in the run off from the Tortolita mountains, native vegetation shall not be removed from that part of the town east of I-10 except where the town engineer has approved the methods to control erosion, sedimentation, flow and related factors and their implementation is assured by a mutual consent agreement between the town and the applicant signed and guaranteed by cash or a bond acceptable to the town attorney in an amount set by the town Manager to guarantee performance of the provisions of the mutual consent agreement.

A.   Application.

   1.   All applications shall follow the requirements defined in the town's applications, checklists, and process guides and all required materials and plans shall be submitted for review to the town.

   2.   The permit application shall be completed and signed by the owner or authorized representative.

   3.   Fees are payable to the town in accordance with the comprehensive fee schedule adopted by the town council and amended from time to time.

B.   Assurances. Assurances are required to insure completion of improvements for major grading type 2 permits, major utility permits, and public infrastructure permits.

C.   Permit issuance and expiration.

   1.   Issuance. Permits shall be issued by the town after approval of the grading or improvement plans, including approvals as required by other agencies, except as noted in section 17-13-7(F) below. A copy of the approved permit with plan shall be kept in an easily accessible location on the site.

   2.   Expiration. A permit shall be null and void if the authorized work has not been completed within one year of permit issuance.

D.   Permit extension and reapplication.

   1.   Extensions. Upon written request by the permit holder, the town may approve up to two time extensions of a permit, for up to 180 days each.

   2.   Reapplication. Reapplication for a permit may be made in accordance with this chapter.

E.   Changes to permit.

   1.   Hazardous conditions. If drainage problems, soil conditions, flood hazards, or other potential hazards become known that were not considered when the permit was issued, the town may require that engineering modifications be submitted in a report and that the design be modified.

   2.   Nonhazardous conditions. If unanticipated nonhazardous conditions are encountered during construction and are beyond the scope of the permit, the permit holder may submit the necessary engineering modifications in a report to be reviewed and approved by the town.

   3.   Utility conflicts. If utility conflicts are discovered that were not known when the permit was issued, the town may require that engineering modifications be submitted in a report and that the utility design be modified.

A.   Scope. An application for a minor grading type 1 permit requires a completed permit application, grading plan, and grading statement. A survey sealed by a registered land surveyor is not required.

B.   Grading plan requirements. The grading plan shall show all of the following:

   1.   The existing and proposed finished grade of the area to be graded, based on spot elevations or one-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.

   3.   The location of proposed mitigation measures, such as re-vegetation or retaining walls.

   4.   The exterior boundaries of the site.

   5.   Access roads and points-of-entry to the construction site.

   6.   The grading envelope.

   7.   The location of riparian areas and wildlife corridors slated for protection shall be clearly delineated and labeled as "off-limits" (see section 17-11-4 above).

C.   Documents preparation.

   1.   Documents shall be prepared in accordance with the requirements of this chapter and other town standards and applicable checklists.

   2.   Information shall conform to the specific plan, rezoning conditions (where applicable), and other applicable regulations, such as drainage and geotechnical reports.

D.   Application review.

   1.   The grading plan shall be reviewed for consistency with applicable regulations and standards.

   2.   If determined inadequate, the application shall be returned with comments and the owner may resubmit, without additional fees.

   3.   The town shall require that plans and specifications be modified to make them consistent with this code or other applicable regulations. A permit may be issued with additional conditions.

A.   Scope. An application for a major grading type 2 permit requires a completed permit application, improvement plans, and all required reports and requirements defined in the town's applications, checklists, and process guides.

B.   Improvement plan requirements. Improvement plans must include all requirements defined in the town's applications, checklists, and process guides, and shall conform to all rezoning ordinances, conditions, and other applicable regulations. All plans shall be sealed by the applicable registered professional engineer licensed in the state of Arizona.

C.   Soils report. The applicant shall submit a soil report.

   1.   The report shall contain all geotechnical engineering information and recommendations applicable to the project.

   2.   The civil engineer responsible for preparing the grading plan shall incorporate all report recommendations into the plan and reference the report on the improvement plan.

   3.   Approved report recommendations shall become conditions of the permit.

   4.   The geotechnical or civil engineer shall stamp and seal the report prior to submittal and the date of the seal must be within one year of the submittal, except that:

      a.   The town may accept a soils report signed and sealed more than one year prior to the submittal date, if it includes a letter from the geotechnical engineer addressing any changes that have occurred since the report was originally sealed, as well as a statement that the recommendations in the report are still valid for the project.

      b.   The town may accept a soils report signed and sealed more than ten years prior to the submittal date, if it includes the information required in subparagraph a above, as well as at least one additional boring to confirm the recommendations of the original report.

D.   Drainage report. The applicant shall submit a drainage report. The drainage report will be prepared in technical conformance with provisions of this chapter and the standards and other applicable requirements of the town.

E.   At-risk grading.

   1.   An at-risk grading permit may be issued in special circumstances at the discretion of the town while the grading plan is being reviewed, provided:

      a.   The project has design plans that meet one of the following thresholds:

         i.   First review comments have been completed on a grading plan and the project has an approved preliminary plat or development plan, or

         ii.   First review comments have been completed on a development plan package.

      b.   A detailed estimate of the earthwork quantities has been prepared;

      c.   A restoration and reseeding bond, which includes an estimated amount to regrade and reseed the site to its original condition (plus 15% for administrative costs), has been provided;

      d.   All applicable fees have been paid;

      e.   The town finds that the grading is in the best interest of the town;

      f.   The grading does not include paving, drainage, utilities, or any structures.

A.   Scope. An application for a major utility permit requires a completed permit application, improvement plans, and all required reports and requirements defined in the town's applications, checklists, and process guides.

B.   Improvement plan requirements. Improvement plans must include all requirements defined in the town's applications, checklists, and process guides, and shall conform to all rezoning ordinances, conditions, and other applicable regulations. All plans shall be sealed by the applicable registered professional engineer licensed in the state of Arizona. All plans shall be approved by their respective end owner and any applicable reviewing agency.

C.   At-risk work. There shall be no at-risk installation of utilities.

A.   Scope. An application for a public infrastructure permit requires a completed permit application, improvement plans, and all required reports and requirements defined in the town's applications, checklists, and process guides.

B.   Improvement plan requirements. Improvement plans must include all requirements defined in the town's applications, checklists, and process guides, and shall conform to all rezoning ordinances, conditions, and other applicable regulations. All plans shall be sealed by the applicable registered professional engineer licensed in the state of Arizona.

C.   Soils report. The applicant shall submit a soils report.

   1.   The report shall contain all geotechnical engineering information and recommendations applicable to the project.

   2.   The civil engineer responsible for preparing the grading plan shall incorporate all report recommendations into the plan and reference the report on the improvement plan.

   3.   Approved report recommendations shall become conditions of the permit.

   4.   The geotechnical or civil engineer shall stamp and seal the report prior to submittal.

   5.   The soils report used for the grading permit may contain the relevant information for the public infrastructure permit.

D.   Drainage report. The applicant shall submit a drainage report. The drainage report will be prepared in technical conformance with provisions of this chapter and the standards and other applicable requirements of the town. The drainage report used for the grading permit may contain the relevant information for the public infrastructure permit.

E.   At-risk work. There shall be no at-risk construction of public infrastructure.

A.   Inspection certification option.

   1.   Upon approval by the town, the owner may retain a civil engineer-of-record (EOR), registered to practice in the state of Arizona, to:

      a.   Perform the required construction inspection.

      b.   Certify, upon completion, that the construction has been performed and completed in accordance with the permit conditions, the approved plans and specifications, and with applicable town standards.

   2.   The owner and the EOR shall execute a written private improvement agreement, on a form to be supplied by the town, clearly enumerating the responsibilities of all parties to the process.

   3.   The EOR shall make periodic reports to the town as construction progresses and shall maintain records for filing with the town at completion.

   4.   The town may periodically inspect the work and will monitor the progress. The town will conduct a final inspection upon receiving notice of completion and will release all parties from the permit only after all provisions of the permit and the agreement have been complied with.

B.   Final inspection. All required construction work shall be completed in accordance with the permit prior to final inspection by the town and issuance of a certificate of final approval by the EOR.

C.   Close-out and town acceptance. Upon receipt from the EOR of the close-out documents required under the terms of the private improvement agreement, and approval by town staff, town staff will complete the final inspections of all improvements. After the close-out package is accepted by town staff and the improvements have passed the required inspections, the town engineer shall accept any public improvements and include them in the town's maintenance program after completion of the warranty period.

A.   Permit enforcement.

   1.   The enforcement of this chapter and conditions of the permit shall be in accordance with this section.

   2.   When town staff determines a non-compliance with the conditions of the permit, or work performed without a permit, the town 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 town permits for any aspect of the development project until remedial actions have received the written approval of the town staff.

B.   Stop-work order.

   1.   Whenever the town determines that grading does not comply with this chapter or the permit conditions, or that the soil or other conditions are not as stated on the permit, the town may order the work stopped by written notice served on any person engaged in doing or causing such work to be done, or written notice posted on the site.

   2.   Any such person shall immediately stop such work until authorized by the town to proceed with the work.

C.   Failure to obtain permit.

   1.   Unless exempted by this chapter, failure to obtain a permit prior to commencement of grading shall be a violation of this code, subject to a fee as set forth in the comprehensive fee schedule adopted by the town council and amended from time to time.

   2.   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 permit.

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 to the property owner.

   2.   Standards. A waiver shall not be granted unless:

      a.   The waiver is the minimum necessary to afford relief;

      b.   The waiver will not be materially detrimental to the rights of owners and residents of other affected properties; and

      c.   The waiver is in harmony with the intent, the purposes, and the provisions of this chapter from which the waiver is requested.

   3.   Conditions. Conditions may be imposed on a waiver that will:

      a.   Secure the intent, the purposes, and the provisions of this chapter from which the waiver is granted; and

      b.   Provide adequately for the protection of surrounding property owners and residents.

   4.   Application. The request for a waiver shall be made on a form provided by the town staff and shall be heard within 30 days. Fees shall be paid in accordance with the comprehensive fee schedule adopted by the town council and amended from time to time.

   5.   Notice and review. Notice of the application and the hearing shall be mailed to all property owners within 300 feet of the site and shall be posted at the town's official notice positions. The town manager shall hold a hearing on the waiver request and render a decision within five working days thereafter.

   6.   Appeal. Within 15 days of receipt of a notice of decision from the town, the applicant may file an appeal for a hearing by the council.

B.   Interpretation review.

   1.   Scope. Upon request by an affected person who believes there has been a misinterpretation, the town manager shall review an interpretation of a provision of this chapter made by the town engineer.

   2.   The request for review shall cite:

      a.   The disputed interpretation made by the town engineer; and

      b.   The words alleged to have been misinterpreted.

   3.   Application. The request shall be made in writing and shall be heard within 30 days. Fees shall be paid in accordance with the comprehensive fee schedule adopted by the town council and amended from time to time.

   4.   Notice and review. Notice of the application and the hearing shall be mailed to all property owners within 300 feet of the site and shall be posted at the town's official notice positions. The town manager shall hold a hearing on the request and render a decision within five working days thereafter.

   5.   Appeal. A decision of the town manager may be appealed to the council within 15 days of the decision.