A.   Purpose. The purpose of this chapter is to promote the preservation of individual plants and plant communities of protected and primarily upland plant species native to Pima County, Arizona, by adopting comprehensive requirements for the preservation-in-place, transplanting on-site, and mitigation of protected native plants and native plant communities.

   B.   Scope. This chapter provides requirements and regulations for the preparation and implementation of native plant preservation plans. These requirements promote protection of the public health, safety, and general welfare by reinforcing the findings in Section 18.72.020 of this chapter. Standards and procedures for implementing the requirements of this chapter are located in the native plant preservation manual adopted by resolution of the board of supervisors. Reference materials, guidelines, and administrative procedures for this chapter are available at the planning division.

(Ord. 1998-39 § 1 (part), 1998)

   A.   The preservation of protected native plants and native plant communities:

      1.   Promotes a sense of place and enhances community appearance;

      2.   Helps maintain a region's identity, which contributes to economic development by attracting tourism, new businesses, and business expansions;

      3.   Promotes and sustains property values, improves and helps maintain the quality of life, and supports life-styles which the community values and enjoys;

      4.   Contributes to the stabilization of desert soils, decreases erosion, and maintains original features of habitats that are important to native wildlife species;

      5.   Promotes water conservation by retaining established, existing drought-tolerant vegetation that requires no supplemental irrigation and minimal maintenance after establishment, and assists in climate modification to reduce energy costs;

      6.   Contributes to the reduction of nonnative plant allergens and the improvement of air quality by not requiring the preservation of nonnative allergen producing plants.

   B.   Native plants and native plant communities can be preserved by the following methods:

      1.   The preservation-in-place and set-aside of existing native plants and native plant communities;

      2.   The transplanting of native plants existing on-site to a new location on-site or the transplanting of existing native plants from an adjacent lot to a location on-site.

      3.   The mitigation of plants destroyed or removed from the site.

   C.   The most effective methods for preserving protected native plants are the set-aside of native plant communities and the preservation-in-place of individual protected native plants. Both methods minimize the disturbance of existing native plants, their understory plantings and animal habitats; and maximizes the preservation and beneficial effects of existing native plants and native plant communities. Transplanting and mitigation methods are progressively less effective but have merit. Transplanting and mitigation methods may be used in combination with the preservation in-place and set-aside methods.

(Ord. 1998-39 § 1 (part), 1998)

   A.   The following definitions in addition to the definitions in Chapter 18.03 will apply to this chapter:

      1.   Caliper: A measurement of diameter taken on a circular tree trunk at twenty-four (24) inches above the highest natural grade at the tree trunk base; for a noncircular specimen, use the average of the shortest and longest measurements of diameter twenty-four (24) inches above the highest natural grade at the tree trunk base and for a multi-trunked specimen, use the sum of the measurements of diameter of the two (2) largest trunks twenty-four (24) inches above the highest natural grade at the tree's multi-trunk base.

      2.   Damaged: The condition of a viable inventoried plant previously identified on the approved native plant preservation plan as a preserved-in-place, salvage and transplant, replacement, or supplemental plant, which has little chance of survival in a healthy and attractive manner due to injury, infestation, or disease as confirmed by the monitor or the county.

      3.   Destroyed or destruction: The condition of an existing plant after it has been demolished or eliminated as shown on the approved native plant preservation plan.

      4.   Development: Any permitted or nonpermitted human alteration to land and its vegetation, soil, geology, drainage, hydrology and surface features; changing the appearance and character of land; and including but not limited to the acts of grubbing, clearing, and grading of land, and placing improvements on the land such as buildings, structures, signs, paving, vegetation, and outdoor use areas.

      5.   Drip line: For cacti, an area around the plant that overlays the mature root system: For trees and shrubs, an area under the undisturbed canopy of the tree or shrub.

      6.   Endangered Species Act Of 1973: A federal law enacted for the protection of endangered and threatened species in the continental United States, also referred to in this chapter as "Endangered Species Act."

      7.   Mitigation: The replacement of a specimen(s), an inventoried plant(s) rated medium to high viability, that is destroyed or removed from the site as shown on the approved plant preservation plan with a plant(s) of the same genus and species from off site in good physical condition with a high rating for health, age, and form.

      8.   Native plant preservation plan: A plan for the preservation of protected native plants prepared and submitted in conformance with this chapter, also referred to as "preservation plan."

      9.   Native plant preservation manual: The standards and procedures for implementing the requirements of Chapter 18.72, Native Plant Preservation, also referred to as "preservation manual" or "manual."

      10.   Plant community: A biologic grouping of vegetation frequently found under natural conditions due to their common soils, moisture, climate and orientation requirements; also means a plant association.

      11.   Preservation-in-place: No disturbance of one or more plants and the associated understory plants, or no disturbance of a plant community as in the set-aside method: Preservation-in-place is promoted by site planning and design that retains existing plant genus and species in their current location, grade, and configuration and promotes their future health and growth.

      12.   Property owner, developer, applicant: The person(s) or legal entity that has fee title to the site or a legal right to control development of the site, or a designated representative on the property owner's behalf.

      13.   Protected native plant: Any living plant on the protected native plants list found in Table 18.72.040-1 Protected Native Plants: For the purpose of this chapter, also referred to as "native plant(s)."

      14.   Regulated riparian habitat areas: Also referred to as "riparian habitat" shall mean riparian habitat areas identified on the county's riparian habitat maps as established by Article X of the "Pima County Floodplain and Erosion Hazard Management Ordinance."

      15.   Riparian regulations: When used will mean Article X of the "Pima County Floodplain and Erosion Hazard Management Ordinance," entitled "Watercourse and Riparian Habitat Protection and Mitigation Requirements" which includes approved hydroriparian, mesoriparian, and xeroriparian plant and seed lists.

      16.   Safeguarded plants: All species listed in the "highly safeguarded" category of the Arizona native plant law, A.R.S: § 3-901 et seq.; also referred to as "safeguarded species."

      17.   Set-aside: A method of plant preservation identified in this chapter; shall also mean the permanent protection of land and all vegetation in an undisturbed state within an area designated as a set-aside area.

      18.   Site: Refers to a single lot or a combination of contiguous lots (or parcels), or a leased area on a lot that meets the minimum zoning standards of the applicable zone.

      19.   Specimen or specimen plant: A single inventoried plant (native plant or safeguarded plant) rated medium to high viability.

      20.   Transplantability: The relative ability of a native plant to be successfully transplanted.

      21.   Viable plant, also a viable inventoried plant: An inventoried native plant in good physical condition with a medium or high rating for health, age and form, but which may or may not meet the "transplantability" standards of this chapter.

(Ord. 1998-39 § 1 (part), 1998)

   A.   For the purpose of this chapter, the plants in the following Table 18.72.040-1 Protected Native Plants are categorized as protected native plants and may be referred to as "native plant(s)."

   B.   For the purpose of this chapter, the plants in the following Table 18.72.040-1B Arizona Safeguarded Species have been categorized as Arizona safeguarded species in conformance with the requirements of the Arizona native plant law. For the purpose of this chapter, Arizona safeguarded species may be referred to as "safeguarded species." The board of supervisors may, from time to time, revise this table as required to comply with changes to the list of safeguarded species in compliance with the Arizona native plant law after first giving notice of the required change.

TABLE 18.72.040-1 
PROTECTED NATIVE PLANTS 

 

TABLE 18.72.040-1B 
ARIZONA SAFEGUARDED SPECIES* 

 

* As approved by the Department of the Interior in compliance with the Endangered Species Act of 1973

(Ord. 1998-39 § 1 (part), 1998)

   A.   Applicability. Except as provided in paragraph B below, the requirements of this chapter apply to all development for which any of the following conditions apply:

      1.   On sites for which a grading plan is required or the total area covered by all grading permits is fourteen thousand (14,000) square feet or more;

      2.   On sites for which approval of a development plan or subdivision plat is required and for which a tentative plat or development plan is first submitted:

         a.   After the effective date of this chapter; or

         b.   Prior to the effective date of this chapter and for which a final plat or development plan is not approved within one (1) year of the effective date of this chapter.

      3.   On sites with a subdivision plat or development plan that was approved more than one (1) year prior to the effective date of this chapter and for which permitted on-site infrastructure construction for at least one (1) of the following major site improvement categories has not commenced prior to the effective date of this chapter and has not been completed within one (1) year of the effective date of this chapter:

         a.   Mass grading and drainage improvements;

         b.   Water or sewer mains or treatment facilities; or

         c.   Major streets.

      4.   On sites for which a preservation plan has been approved prior to the effective date of this chapter, except that only the requirements of Sections 18.72.120 and 18.72.140 apply to such sites.

   B.   Exceptions. The requirements of this chapter do not apply to the following:

      1.   Utility construction within a public utility easement or public right-of-way associated with a development plan, subdivision plat, or lot development.

      2.   Development on a lot recorded prior to the effective date of this chapter which meets the following conditions:

         a.   A development plan or subdivision plat is not required and the total area covered by all grading, grading permits, and ground disturbance is less than fourteen thousand (14,000) square feet; or

         b.   A development plan or subdivision plat is required and for which an analysis submitted by the property owner and approved by the planning official confirms that the net area of the lot is thirty-six thousand (36,000) square feet or less excluding the following:

            1)   Pima County requirements for setbacks, open space, bufferyards. The required bufferyards may be increased up to fifty percent (50 percent) at the applicant's discretion subject to approval by the planning official. Plants added for the bufferyard increase will be from on-site native plants and/or selected from Table 18.72.040-1 Protected Native Plants List;

            2)   Public rights-of-way, dedications, and easements;

            3)   Set-asides to meet the requirements of other county, state, and federal regulations, ordinances and statutes.

      3.   Development on a recorded lot which is thirty-six thousand (36,000) square feet or less in size, approved prior to the effective date of this chapter, and not requiring a development plan or subdivision plat.

   C.   Administrative exception. The requirements of this chapter may be waived by the planning official under the following conditions as demonstrated by the applicant's submittal of confirming documents in conformance with the requirements of Section 18.72.S07 of the native plant preservation manual:

      1.   The applicant demonstrates that development on his site will not disturb, damage, destroy, alter, or result in the removal or relocation of any specimens in Section 18.72.040 that existed on the site prior to the effective date of this chapter plus those specimens that have been introduced to the site since that date; or

      2.   The applicant demonstrates that the site on which his development is proposed did not contain any specimens before the effective date of this chapter and does not currently contain any specimens.

(Ord. 1998-39 § 1 (part), 1998)

   A.   The following general requirements apply to all development as required in Section 18.72.050:

      1.   No person shall destroy, mutilate, remove from a site, or relocate on a site any native plant, except in conformance with the requirements of this chapter.

      2.   Grubbing, grading, or clearing permits shall not be issued, and no person may grub, grade, or clear a site or any portion of a site having one or more native plants existing prior to the effective date of this chapter, except in conformance with an approved grading plan and after the preservation plan approval requirements in this chapter have been met, and the required permits have been issued.

      3.   No plans for a site with one or more native plants shall be approved and no permits shall be issued by Pima County for any development prior to submittal and approval of a preservation plan except as provided in Subsections 18.72.050 B and C.

      4.   A preservation plan and its implementation shall comply with this chapter, the preservation manual, and the Arizona Native Plants Statute (A.R.S. § 3-901 et seq.)

(Ord. 1998-39 § 1 (part), 1998)

   A.   Preservation plans shall be produced and stamped, sealed or certified by a qualified practitioner with one or more of the following qualifications:

      1.   An arborist with International Society of Arboriculture certification;

      2.   A landscape architect with Arizona state technical registration as a landscape architect;

      3.   A biologist, horticulturist, or botanist with a minimum B.A. or B.S. in a plant oriented natural resource field.

(Ord. 1998-39 § 1 (part), 1998)

   A.   Consultation. Prior to the submittal of a preservation plan, the property owner is encouraged to consult with the planning division regarding specific submittal requirements.

   B.   Submittal. For projects requiring a preservation plan, submittals shall be made in conformance with the following requirements:

      1.   A preservation plan application shall be filed with the office of the subdivision coordinator for processing concurrently with the filing of grading plans and tentative plats or development plans for the same project.

      2.   All preservation plan applications shall include at a minimum all of the following:

         a.   Two (2) hard paper copies of all preservation plan documents;

         b.   One (1) integrated electronic copy of all reports, text, charts, graphs, tables, analyses, and calculations in an electronic format and media acceptable to the planning division;

         c.   Number of copies as determined during preliminary consultation with the planning division for all other plan submittals; and

         d.   The required preservation plan fee payable to the Pima County treasurer.

      3.   Incomplete submittals that do not comply with the submittal and preparation requirements of this chapter will not be reviewed. Incomplete submittals will be returned to the property owner with comments from the planning division explaining the area(s) of incompleteness.

   C.   Preservation plan review.

      1.   The planning division shall review the preservation plan for compliance with the requirements of this chapter and other applicable codes, regulations and special requirements.

      2.   Within ten (10) working days of a complete submittal, the planning division shall complete its review of the preservation plan and then notify the applicant in writing regarding any required revisions, corrections, or resubmittals, except that the ten- (10) day review period will not begin until the property owner has first submitted a grading plan and tentative plat or development plan for the project for county review. Preservation plans are reviewed by the planning division in the same manner and concurrent with other reviews for project grading plans, tentative and final plats and development plans. Comments regarding requirements for preservation plan corrections, revisions or resubmittals are coordinated with the preparation of comments for project grading plan, development plan, and tentative and final plat submittals to include the incorporation of plat and development notes and covenants, conditions, and restrictions (CC&Rs) to assure the continued preserved status of set-aside areas and preserved-in-place and transplanted specimens in a healthy and vigorous condition.

      3.   The applicant shall resubmit revised plans required by the planning division for final compliance review. The planning division shall complete its review of revised plans within five (5) working days of resubmittal and then provide the applicant with a written decision.

      4.   Any change to the underlying grading plan, development plan, tentative plat, or subdivision plat may require resubmittal of a new or revised preservation plan as determined by the planning official.

   D.   Variances and appeals.

      1.   A request for a variance of the requirements of this chapter or an appeal of an interpretation of this chapter by the development services department may be filed by a petitioner to the board of adjustment and processed as required by Section 18.93 of the Pima County zoning code.

         a.   The design review committee or a subcommittee established by the design review committee shall review variance requests and appeals of the requirements of this chapter and prepare an analysis and recommendation to the board of adjustment. The analysis and recommendation shall be submitted along with a staff report to the board of adjustment and presented by county staff at the board of adjustment's public hearing for the appeal.

         b.   The design review committee's analysis and recommendation to the board of adjustment shall consider the basis of the appeal and any extenuating circumstances due to no fault on the part of the applicant and the design review committee's recommendation will promote the purpose and findings of this chapter.

(Ord. 1998-39 § 1 (part), 1998)

   A.   Any of the following three methods, or any combination of the following three methods may be used to prepare a preservation plan, except as required in paragraph C. below:

      1.   Selective Plant Preservation Method.

         a.   Description. The selective plant preservation method is based on the preservation-in place and salvage and transplanting-on-site of specimens and the mitigation of specimens destroyed or removed from site.

         b.   Components. The preservation plan for the selective plant preservation method shall be prepared as an integrated, single document and shall include the following components. The requirements of each component are described in the following Section 18.72.100:

            i.   An inventory of the native plants and safeguarded species on the site;

            ii.   A site and plant evaluation of the viability and transplantability of the inventoried native plants;

            iii.   A calculation of preservation and mitigation requirements;

            iv.   A native plant location/preliminary site plan which shows the location of preserved-in-place specimens, salvaged and transplanted specimens, replacement and supplemental plants, and specimen plants to be destroyed or removed from site on a preliminary site plan for the subject site.

      2.   Plant Appraisal Method.

         a.   Description. The plant appraisal method is based on the (1) preservation-in- place, (2) salvage and transplanting-on-site of specimens, and (3) the mitigation of specimens destroyed or removed from the site with specimens of the same size or appraised value.

         b.   Components. The native plant preservation plan for the plant appraisal method shall be prepared as an integrated, single document and shall include the following components. The requirements of each component are described in the following Section 18.72.100:

            i.   An inventory of the native plants and safeguarded plants on the site;

            ii.   A site and plant evaluation of the viability and transplantability of the inventoried native plants;

            iii.   A calculation of preservation and mitigation requirements;

            iv.   An appraisal of specimens proposed to be destroyed or removed from on-site;

            v.   A native plant location/preliminary site plan which shows the location of preserved-in-place specimens, salvaged and transplanted specimens, replacement and supplemental plants, and specimen plants to be destroyed or removed from site on a preliminary site plan for the subject site.

      3.   Set-aside Method.

         a.   Description. The set-aside method is based on an evaluation of the resource value of the specimens on-site, the designation of a minimum of thirty percent of the site with the highest resource value as a set-aside area as permanently protected natural open space, wherein development shall not occur, and the preservation in place or salvaging and transplanting on-site of safeguarded plants and specimen saguaros and ironwoods.

         b.   Components. The native plant preservation plan for the set-aside method shall be prepared as an integrated, single document and shall include the following components. The requirements of each component are described in the following Section 18.72.100:

            i.   An inventory of all plants protected as safeguarded plants, all saguaros and all ironwood with a caliper of four inches or greater;

            ii.   A site and plant evaluation of the viability and transplantability of the inventoried safeguarded species, saguaro and ironwood;

            iii.   A calculation of preservation and mitigation requirements;

            iv.   A resource value report;

            v.   A native plant location/preliminary site plan which shows the location of the thirty percent set-aside areas, and the preserved-in-place or transplanted location of safeguarded plants and specimen saguaros and ironwoods outside of the boundaries of the set-aside areas.

   B.   Off-site mitigation option.

      1.   An applicant can request to provide off-site mitigation to satisfy a portion of the mitigation required by this chapter provided the applicant submits:

         a.   A concept plan for the off-site mitigation;

         b.   A narrative that demonstrates that the off-site mitigation provides more consistency with the purposes and findings of this ordinance than the allowable on-site alternatives, and that full compliance with on-site mitigation creates unsustainable and non-viable plant communities;

         c.   Description of the mechanism(s) that will provide perpetual management of the off-site mitigation; and

         d.   Authorizations, as necessary.

      2.   In the case where off-site mitigation is to be accomplished by participation in a conservation bank, submittal requirements shall also include:

         a.   The location(s) of the conservation bank;

         b.   The number of bank credits that will be provided for mitigation of each species; and

         c.   Demonstration that the number of bank credits is proportional to the number of individuals requiring mitigation.

      3.   The planning director or designee is authorized to allow off-site mitigation when it has been found that the request is in keeping with the purpose and findings of this chapter. Off-site mitigation may be used only in combination with one or more of the three mitigation methods listed above.

   C.   Regulated Habitat. All regulated riparian habitat areas as identified on the county's riparian habitat maps shall be established as set-aside areas in compliance with the set-aside requirements in this chapter with the following exception. When it can be demonstrated that there is no "reasonable practical alternative" to disturbing the riparian habitat, that part of the riparian habitat so disturbed shall be excluded from the set-aside requirement. Riparian habitat so disturbed shall be mitigated in conformance with riparian regulations.

Table 18.72.090-1 
Preservation Requirements & Preservation Credits 

(ft = feet, C = caliper, D = diameter, H = height, PIP = preserved-in-place, TOS = transplanted-on-site) 

 

1 All crested saguaros 18 feet in height or greater or with arms six feet or greater in height will remain in place.

2 All saguaros 18 feet in height or greater or with arms six feet or greater in height will remain in place.

3 See Arizona native plant law.

4 Except that all crested saguaros shall be preserved in place or salvaged and transplanted on site.

5 Except blue barrel cactus, pineapple cactus, needle-spined pineapple cactus, desert night-blooming cereus, and thornber pincushion which have a minimum replacement size of four inches in height or diameter.

6 Commercial nursery sizing.

(Ord. 2009-59 § 7, 2009; Ord. 1998-39 § 1 (part), 1998)

   The plant preservation plan methods described in 18.72.090 shall include the following components:

   A.   Plant inventory: All methods require a plant inventory map and a plant inventory list prepared in conformance with the requirements of Section 18.72.S03 of the preservation plan manual and showing the following plants:

      1.   All existing native plants in Table 18.72.040-1 that meet the following standards:

         a.   All saguaros;

         b.   All trees with a caliper of four (4) inches or greater;

         c.   All succulents and shrubs two (2) feet or greater in height or diameter;

         d.   Other cacti equal to two (2) feet in height or diameter or greater except that blue barrel cactus, fish hook cactus, compass barrel cactus, needle-spined pineapple cactus, desert night-blooming cereus, and thornber pincushion equal to four (4) inches or greater in height or diameter shall be inventoried; and

      2.   All existing plants listed as safeguarded plants.

      3.   Exceptions: Where the set-aside method is used, the following are not required to be listed in the inventory:

         a.   Any trees other than specimen ironwood;

         b.   All cacti, succulents and shrubs listed in 1.c. and 1.d. of this section.

   B.   Site and plant evaluation: All native plant preservation plan methods require a comprehensive analysis and evaluation of the undisturbed site and its native plants and safeguarded plants which shows the following:

      1.   The condition of each inventoried native plant, plant community, and safeguarded species listed in the plant inventory based on the viability and transplantability rating criteria and standards specified in Section 18.72.S04 of the preservation manual.

      2.   The criteria and standards used to determine which plants and plant communities will be set-aside, preserved-in-place, salvaged and transplanted-on-site, or destroyed or removed from the site.

   C.   Calculations: Preservation and mitigation requirements. Protected native plants and safeguarded plants shall be preserved-in-place, transplanted on-site, or mitigated as required by this paragraph and the following paragraphs D through and including G and as demonstrated by Table 18.72.090-1.

      1.   Safeguarded plants and "crested" saguaros: One-hundred percent (100%) of safeguarded plants and "crested" saguaros shall be preserved-in-place or salvaged and transplanted on-site, except that all "crested" saguaros eighteen (18) feet in height or greater and "crested" saguaros with arms six (6) feet or greater in height shall remain in place, and

      2.   For the selective plant preservation and plant appraisal methods, the minimum requirements for the preservation-in-place, salvage and transplanting-on-site, and mitigation of inventoried native plants and safeguarded plants are:

         a.   All other saguaros and ironwoods: A minimum of eighty percent (80%) of the inventoried saguaros and specimen ironwood trees shall be preserved-in-place or salvaged and transplanted-on-site, except that all saguaros eighteen (18) feet in height or greater and saguaros with arms six (6) feet or greater in height shall be preserved-in-place or remain on-site.

         b.   Other native plants: a minimum of fifty percent (50%) of all specimens, except safeguarded plants, shall be preserved-in-place or salvaged and transplanted on-site.

         c.   Mitigation requirements for the remaining specimens rated medium to high viability that are destroyed or removed off-site as shown on the preservation plan shall be mitigated by replacement with plants of the same genus and species in conformance with the replacement and size requirements of the following subparagraphs E and G.

      3.   For the set aside method: Thirty percent (30%) of the site shall be set-aside and the minimum requirements for preservation in place, salvage and transplanting on-site of safeguarded plants, "crested" saguaros, other saguaros, and ironwood trees outside set-aside areas shall be in conformance with the requirements of subparagraphs 1 and 2.a above.

   D.   Calculations: Bonus credits. For the selective plant preservation and the plant appraisal methods, a bonus credit shall be allowed as follows for specimens, except safeguarded plants, that are preserved-in-place:

      1.   Each specimen saguaro greater than ten (10) feet in height and fenced in conformance with 18.72.S05 E.8 in the preservation manual may be credited as three saguaros.

      2.   Each specimen saguaro six (6) to ten (10) feet in height may be credited as two (2) saguaros.

      3.   Each specimen ocotillo greater than six (6) feet in height may be credited as two (2) ocotillos.

      4.   Other specimen cacti, succulents and shrubs greater than four (4) feet in height may be credited as two (2) of the same species.

      5.   Each specimen tree, measuring greater than twelve (12) inches in caliper and fenced in conformance with 18.72.S05 E.8 in the preservation manual, may be credited as three (3) of the same species.

      6.   Each specimen tree, measuring six (6) to twelve (12) inches in caliper, may be credited as two (2) of the same species.

   E.   Calculations: Minimum replacement requirements. Specimens destroyed or removed from the site shall be mitigated by replacement plants of the same genus and species according to the following replacement requirements and the size requirements in the following paragraph G:

      1.   For the selective plant preservation method, the following minimum replacement requirements apply:

         a.   Each specimen saguaro destroyed or removed from the site shall be replaced on-site with three saguaros, three to one (3:1).

         b.   Other specimen cacti, yucca, ocotillo, succulents and shrubs destroyed or removed from the site shall be replaced on-site with two plants (2:1) of the same genus and species.

         c.   Each specimen tree destroyed or removed from the site shall be replaced with three plants (3:1) with trees of the same genus and species.

      2.   For the plant appraisal method, each specimen plant destroyed or removed from the site shall be replaced one for one (1:1) with plants of the same genus and species.

      3.   For the set-aside method, all specimen saguaros and ironwoods outside the set-aside area(s) that are destroyed, or removed from the site shall be replaced in conformance with the plant replacement requirements for the selective plant preservation method in subparagraph 1.a and 1.c above.

   F.   Calculations: Minimum supplemental requirements. Specimens salvaged and transplanted on-site shall be supplemented with an additional plant or plants of the same genus and species according to the following supplemental requirements and the size requirements in the following paragraph G:

      1.   For the selective plant preservation method and the appraisal method, the following minimum supplement requirements apply:

         a.   Each specimen saguaro, six (6) feet or greater in height salvaged and transplanted on-site, shall be supplemented with two (2) additional saguaro planted on-site; each specimen saguaro less than six (6) feet in height salvaged and transplanted on-site shall be supplemented with one (1) additional saguaro planted on-site.

         b.   Other specimen cactus, yucca and ocotillo and any safeguarded plants of any size, salvaged and transplanted on-site shall be supplemented with the planting on-site of one (1) additional plant of the same genus and species. NOTE: See the Arizona native plant law for any provisions which supersede or supplement these regulations as they apply to safeguarded plants.

         c.   Each specimen tree, except for safeguarded plants, transplanted on-site shall be supplemented with two (2) additional trees of the same genus and species.

      2.   For the set-aside method, all specimen saguaros outside set-aside areas, except crested saguaros, and all specimen Ironwoods and all safeguarded plants outside set-aside areas that are transplanted on-site shall be supplemented in conformance with the plant supplement requirements for the selective plant preservation method in paragraph 1 above.

   G.   Minimum replacement and supplemental sizes.

      1.   For the selective plant preservation method, the following minimum standards apply for all specimens:

         a.   Saguaros: Two (2) feet in height from on-site or four (4) feet in height from off-site or from a plant nursery.

         b.   Tree: Commercial nursery sizing for supplemental trees shall be fifteen- (15) gallon can size. The size of three to one (3:1) replacement trees shall be two (2) fifteen- (15) gallon cans and one (1) twenty-four- (24) inch box.

         c.   Other native cacti and succulents. Two (2) feet in height or diameter, except that blue barrel cactus, fish hook cactus, compass barrel cactus, needle-spined pineapple cactus, desert night-blooming cereus, and thornber pincushion shall have a minimum replacement size of four (4) inches in height or diameter.

         d.   Ocotillo: Two (2) feet in height (from on-site) or four (4) feet in height (from nursery).

         e.   Yucca and other native shrubs. Five- (5) gallon.

      2.   For the plant appraisal method, supplemental plant sizes shall be the same as in paragraph 1 above. The size of a replacement plant shall be equal to or greater than the caliper and no less that three quarters (¾) of the height and spread of the specimen being replaced, or a destroyed or removed specimen may be replaced with two (2) or more native plants with a minimum fifteen- (15) gallon can size and which have a total appraised replacement value no less than the appraised value of the plant being replaced.

      3.   For the set-aside method, replacement and supplemental size requirements for specimen saguaros, except crested saguaros, and specimen ironwood, outside set-aside areas shall be in conformance with the plant replacement and supplement requirements for the selective plant preservation method in subparagraph 1.a and 1.b above.

   H.   Native plant location/preliminary site plan. A native plant location/preliminary site plan, prepared in conformance with the requirements of 18.72.S05 in the plant preservation manual shall promote the preservation and enhancement of the site's native vegetation and undisturbed natural environment. The plan shall minimize disturbance of native vegetation and promote the preservation-in-place of significant specimens, plant communities, animal habitats and set-aside areas. Compliance with the minimum requirements of Sections 18.72.090 and 18.72.100 is required.

      1.   Site design and plant preservation shall support the following objectives:

         a.   The preservation-in-place of tall saguaros and large trees, in particular saguaros six (6) feet and greater in height and trees eight (8) inches and greater in caliper.

         b.   The protection from removal, relocation, or destruction of the understory vegetation of specimen plants and plant community(ies) to be preserved-in-place.

         c.   The continuity and linkage of on-site resources that extend beyond the site (i.e., natural open spaces, vegetative and animal habitat, hiking, riding, and equestrian trails).

         d.   To minimize the fragmentation and destruction of plant communities for the purpose of preserving wildlife and riparian habitat.

         e.   To limit the size of site development areas and building envelopes in order to preserve the site's natural features and amenities.

         f.   To locate salvaged and transplanted specimens on the site within common areas or landscape bufferyard areas as required by Chapter 18.73 and within the front yards of residential lots for the purpose of improving public and private streetscapes and to limit the net loss of native plant diversity and volume, and wildlife habitat on the site.

         g.   To encourage the preservation of specimens in excess of the specimens required to meet the minimum requirements of this chapter.

         h.   To encourage the harvesting of salvageable native plants in excess of the specimens required by this chapter, an approved preservation plan, other applicable regulations, and specimens not otherwise used by the property owner, for projects and programs which benefit the public, such as parks, schools, public streetscapes, community native plant banks, public works projects, and the surrounding neighborhood consistent with the requirements of Section 18.72.130.

      2.   The native plant location/preliminary site plan shall comply with the following requirements for riparian habitat areas, washes and floodplains:

         a.   Riparian habitat established as set-aside areas shall not be removed, altered, enhanced, or disturbed;

         b.   Riparian habitat outside set-aside areas and natural open space that is disturbed shall be mitigated in conformance with riparian regulations;

         c.   Native plants that occur on plant lists in riparian regulations may be salvaged and transplanted to disturbed riparian habitat in compliance with riparian mitigation requirements;

         d.   Disturbed washes and disturbed floodplain areas (areas outside set-aside and riparian habitat areas) may be enhanced by the salvage and transplanting, or mitigation of native plants. Those portions of washes and floodplain areas so disturbed and/or enhanced are categorized as functional open space;

         e.   Those portions of washes and floodplains which are either disturbed or enhanced or both by drainage improvements or those portions of washes and floodplains with a significant increase or decrease in historic hydrological characteristics of velocity or volume as a result of development, disturbance, or enhancement either inside or outside of a wash or floodplain, may be categorized as functional open space. Development, disturbance, enhancement, or a significant increase in the historical hydrological characteristics of a wash or floodplain shall prevent that portion of a wash so affected from being categorized as natural open space or set-aside area.

   I.   Plant appraisal. For the plant appraisal method only, a plant appraisal will be prepared in conformance with the following requirements:

      1.   Each specimen plant identified in the native plant preservation plan to be removed from the site or destroyed must be appraised for its market value by a certified plant arborist and replaced with native plants of the same species and variety with a total market value equal to or greater than the market value of the plant removed or destroyed. The appraisal shall be prepared using market values and techniques published by the Council of Tree and Landscape Appraisers. The appraisal shall be current within six (6) months prior to submittal of a preservation plan and will be valid for a period of two years from the date of preservation plan approval. The subsequent submittal of a new or revised preservation plan may require the submittal of an updated plant appraisal as determined by the planning official.

      2.   A revised appraisal value is required after the two- (2) year time limit has expired, and each two- (2) year period thereafter until such time as the approved preservation plan is implemented. Compliance with the plant appraisal method requires the establishment of monetary assurances such as a bond or letter of credit. The assurances shall have a monetary value equal to the market values of all specimen plants to be removed from the site or destroyed.

   J.   Resource value report. For the set-aside method only, a resource value report shall be submitted together with the native plant location/preliminary site plan. The boundaries of natural open space area(s) set-aside in the resource value report shall be delineated as natural open spaces area(s) on all site plans, development plans, tentative plats, subdivision plats and grading plans for the subject site and will be described as undisturbed natural open space area(s) in all covenants, conditions, and restrictions (CC & As) for the development. The resource value report shall include all of the following:

      1.   An analysis prepared for the entire site to determine the general viability of native plants and plant communities on the site. The analysis shall include an assessment and prioritization, on a graduated scale from most significant to least significant, of the undisturbed natural desert areas based on the resource value of the existing native plants. The resource value shall be determined by factors such as health, size, density, and variety of native plant species, the visual resource value of the undisturbed natural desert areas, and the potential to maximize the preservation of contiguous areas of undisturbed natural desert with native plants both on and off site. The highest resource value shall be given to riparian habitat areas.

      2.   A minimum of thirty percent (30%) of the site or that portion of the site for which the set-aside method is utilized, shall be shown on the attached native plant location/preliminary site plan as an area set-aside as undisturbed natural open space. The set-aside areas shall consist of the site areas with the highest resource value as determined by the report.

      3.   An inventory and analysis of the viability and transplantability of all plants protected as safeguarded plants, all saguaros, and all inventoried ironwoods which are outside of the boundaries of the set-aside areas. Calculations for preservation requirements and credits shall conform to the requirements of this chapter.

      4.   Boundaries of all set-aside areas clearly delineated on an aerial photograph of the site.

   K.   Supplementary information. The planning official may require additional information to reasonably insure that the purpose of this chapter is fulfilled.

(Ord. 1998-39 § 1 (part), 1998)

   A.   Identification numbering. All specimens shall be tagged with identification numbers and color coding in conformance with 18.72.S06 color-coding and tagging standards in the manual, except that specimens within a designated and fenced natural open space or set-aside area need not be tagged.

   B.   Protection and identification of specimens. Specifications included in the preservation plan and all transplanting and construction contracts for the project shall include language requiring the protection of preserved-in-place and transplanted specimens; and the identification, accounting and replacement of damaged, dead, or dying preserved-in-place and transplanted specimens, all in conformance with the requirements of this chapter and the preservation manual.

   C.   Planting and transplanting. The planting of replacement and supplemental plants and the salvage and transplanting of specimens shall be done by bonded professionals qualified in the identification, planting, salvage, transplanting, and maintenance of native plants.

   D.   Irrigation and maintenance. Preserved-in-place and transplanted specimens and replacement and supplemental plants shall be irrigated and maintained as required by Section 18.72.S05 and in conformance with established irrigation and maintenance practices as required to promote the survival of plants in a healthy condition.

   E.   Salvage permits. Permitted plants shall be salvaged and transplanted in compliance with the requirements of this chapter, the preservation manual and the Arizona Native Plants Statute (A.R.S. § 3-901 et seq.).

(Ord. 1998-39 § 1 (part), 1998)

   A.   On-site monitoring of all aspects of preservation, salvaging and transplanting, planting, and associated mitigation operations, including harvesting, permit compliance, site clearing, grading, plant marking, color-coding, and plant protection shall be provided by the property owner during project construction.

   B.   On-site monitoring shall be performed by an independent monitor, not an employee of the property owner, who is a qualified professional and practitioner in native plant identification and protection with qualifications equal to or exceeding those in 18.72.070. The monitor will be under contract with and at the expense of the property owner.

   C.   The monitor shall be authorized by the property owner to require contractors and developers to demonstrate and verify that all aspects of preservation, salvage, mitigation, and plant protection activities are performed in conformance with the approved preservation plan and this chapter and the preservation manual.

   D.   Immediately after the monitor's initial site visit, the monitor shall prepare a report on the status of specimens identified on the approved preservation plan and specimens tagged as preserved-in-place or to be salvaged and transplanted-on-site. The report shall include the general condition of specimens, the identification of specimens under stress, damaged, dying, or dead, and the appropriate techniques to relieve the stress and damage, and recommendations for the replacement of specimens that are dead or dying.

   E.   The monitor shall conduct periodic on-site inspections and provide periodic progress reports to the property owner and the planning division no later than forty-eight (48) hours after the on-site inspection. The progress report will outline the status of plant preservation plan work accomplished to date, any problems encountered, and any noncompliance with the requirements of the approved preservation plan and this chapter.

   F.   A preserved-in-place, transplanted, replacement, or supplemental plant identified in the monitor's status report or the county's field inspection report as dying or as having died during project development will be replaced by the property owner within three (3) months of the report's completion. The plant(s) will be replaced with a viable plant(s) of the same genus and species in good condition, of uniform shape, and representative of the species and equal or greater caliper as the replaced plant; or, replaced with two (2) or more plants of the same species with a minimum fifteen- (15) gallon can size and total appraised replacement value equal to or greater than the appraised value of the replaced plant. The owner will take action within a shorter period of time if required to improve the health of stressed plants and to prevent plant loss. These requirements will apply to all supplemental and replacement plants and to no less than ninety percent (90%) of all plants salvaged and transplanted on-site.

   G.   The monitor shall conduct an assessment of the condition of the site's specimens and replacement and supplemental plants one year after final inspection has been performed on the site, and the monitor shall thereafter certify as to whether or not the requirements of the approved preservation plan and this chapter have been complied with.

(Ord. 1998-39 § 1 (part), 1998)

   The harvesting process in whole as described in this section is strongly encouraged, but not required. If a property owner allows harvesting of plants not identified for preservation in place or salvaging and transplanting on-site, the following procedures shall apply:

   A.   The property owner shall, at the time of his first submittal to the county of a preservation plan for the subject site, mail a notice regarding a forty-eight- (48) hour harvesting process to the planning division, all abutting property owners and those agencies identified in Section 18.72.100.H.1.h who have previously notified the planning division of their interest in the harvesting process. The planning division shall provide the property owner with a harvesting list of agencies and individuals who have previously notified the planning division of their interest in the harvesting process.

   B.   After preservation plan approval and at least five (5) calendar days prior to the commencement of grubbing, site clearing, and grading operations, the property owner shall mail a notice to the planning division and to individuals and organizations on the harvesting list who have notified the property owner of their interest in harvesting plants on the subject site. The notice shall establish a forty-eight- (48) hour harvesting period during which existing plants not shown on the approved preservation plan as preserved-in-place, salvaged and transplanted-on-site, located in a set-aside area, or otherwise reserved at the discretion of the developer may be harvested by harvesters.

   C.   The harvesting of native plants shall be done by bonded professionals qualified in the identification, salvage and transplanting of native plants and whose harvesting services shall be provided for and paid by the harvesting individual(s) or organization(s). The harvesting process shall be monitored by the property owner's monitor to assure that harvesting of native plants is limited to plants without an identification tag and located outside all set-aside areas.

   D.   Permits required by the Arizona Native Plants Statute (A.R.S. § 3-901 et seq.) shall be secured by the harvesting individual or organization.

(Ord. 1998-39 § 1 (part), 1998)

   A.   Compliance and conflict with county, state, and federal regulations.

      1.   This chapter does not replace, supersede, or in any way affect or change requirements for compliance with the Federal Endangered Species Act and the Arizona Native Plants Statute (A.R.S. § 3-901 et seq.). In the event of a conflict between the requirements of this chapter and the requirements of the Federal Endangered Species Act or the Arizona Native Plants Statute, the requirement which provides the most protection for native plants will prevail.

      2.   Requirements for compliance with this chapter and other Pima County regulations will be calculated and applied separately. Compliance with this chapter may be considered for the purposes of compliance with other chapters, if the primary purpose to preserve native plants and plant communities is not jeopardized. In the event of a conflict between two (2) or more requirements in this chapter, or conflicts between the requirements of this chapter and the requirements of another chapter, the more restrictive requirement will prevail, except the highest resource value for the establishment of set-aside areas shall be given to previously designated riparian habitat areas.

      3.   Planning division staff, qualified in preservation plan review and the identification of native plants and safeguarded species, may periodically provide spot-inspections to confirm compliance with this chapter and approved preservation plans.

   B.   Violations and penalties. In addition to the provisions of Chapter 18.95 Compliance and Enforcement, violations of this chapter are subject to the following enforcement, penalties, fines, and other remedies:

      1.   No person shall, individually or through acts of another person, intentionally or negligently damage, destroy, or remove from the site any native plant except as authorized by an approved native plant preservation plan.

      2.   A fine for the damage, destruction, or removal from the site of each native plant will be based on the following schedule:

         a.   For each viable saguaro. two hundred dollars ($200) per foot of main trunk and two hundred dollars ($200) per foot of each arm with a maximum not to exceed two thousand five hundred ($2,500) per saguaro;

         b.   For each specimen tree or shrub. three hundred dollars ($300) per caliper inch measured twenty-four (24) inches above grade level for trees and six (6) inches above grade for shrubs with a maximum not to exceed two thousand five hundred dollars ($2,500) per tree or shrub.

      3.   A fine of not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) if native plants are damaged, destroyed, or removed from the site prior to approval of a preservation plan.

   C.   Additional penalties. Any person who individually or through acts of another person, intentionally or negligently damages, destroys, or removes from the site any native plant, except as authorized by an approved preservation plan, may be subject to one or more of the following in addition to any fines imposed by paragraph B above as determined by the hearing officer pursuant to Chapter 18.95 of this code:

      1.   Mitigation of specimens damaged, destroyed, or removed from the site which may include:

         a.   One hundred percent (100%) replacement with plants of the same genus and species and of equal or greater size as the specimens being replaced and the replacement will be completed within ninety (90) days of the violation, and

         b.   Any supplemental mitigation and site improvements determined to be necessary to restore the natural habitat and plant communities which have been damaged, destroyed, or removed from the site,

         c.   In the event replacements are not made as required by the preceding subparagraph C.1.a and b, then payment to the county by the property owner of an amount equal to the certified appraised replacement value of the specimens damaged, destroyed or removed from the site and not subsequently replaced as required by this paragraph. The certified appraised replacement value will be based on the type, size, and original condition of the specimens prior to the violation as shown in the plant inventory. The certified appraisal will be provided by and at the property owner's expense.

      2.   Supplemental mitigation, maintenance and monitoring requirements for native plants following the final inspection. This requirement shall be performed for a period of time as determined by the hearing officer, but not to exceed eight (8) years.

      3.   Suspension by the director of the development services department of any permits issued by the county for development of the site. Any such suspension shall remain in effect unless and until the violation is mitigated in conformance with this chapter as approved by the planning official.

   D.   Suspension lifted. Where any permit issued by the county is suspended until its expiration pursuant to paragraph C.3 above, no new permit shall be issued for the site until all fines issued pursuant to paragraphs B.2 and B.3 above have been fully paid and all mitigation required by paragraph C.1 and C.2 above has been fully performed.

   E.   Maintenance agreement. Prior to the subsequent issuance of permits for development of the site on which a violation occurs, the property owner shall provide the county with proof, such as an agreement with a landscape installation and maintenance service, that procedures are in place to ensure replacement of damaged or destroyed plants and follow-up maintenance of those plants replaced for a period determined by Pima County, but not to exceed eight (8) years.

   F.   Other violations and penalties. Violations of the Arizona native plant law are subject to the penalties and sanctions in the law.

   G.   Assurances. Implementation and completion of an approved preservation plan and all associated mitigation standards and maintenance requirements, all in conformance with this chapter and the requirements of the preservation manual, shall be guaranteed by assurances acceptable to Pima County, as specified by Pima County policy and regulations and consistent with Section 18.69.070. Assurances shall include the following provisions:

      1.   Assurances will be submitted prior to preservation plan approval and will be released when final inspection by the professional on-site monitor certifies compliance with and completion of the preservation plan as confirmed by Pima County except as provided in the following subparagraph 2.

      2.   Maintenance and preservation assurances. The final approval of any subdivision plat or development plan that includes an approved preservation plan will require covenants or assurances which ensure the continued preservation of set-aside areas and the continued maintenance and preservation of specimens preserved-in-place or transplanted on-site.

(Ord. 1998-39 § 1 (part), 1998)

   A.   This chapter may be amended by the board of supervisors in conformance with the provisions in Section 18.01.070.

(Ord. 1998-39 § 1 (part), 1998)