A.   Purpose:

      1.   The purpose of this chapter is to protect the public health, safety, general welfare, and aesthetics by regulating grading (including initial clearing, brushing or grubbing, and subsequent excavating or filling) on private and public land, including county-owned land, within the unincorporated area of Pima County.

      2.   It establishes grading standards designed to:

         a.   Regulate the development of potentially hazardous terrain;

         b.   Conserve the general visual character of grading sites and settings;

         c.   Enhance the value of new development; and

         d.   Conserve the value of existing, affected properties.

      3.   The guidelines and standards of this chapter and the grading design manual have been prepared in the context of Pima County's specific desert environment. They are intended to complement the applicable provisions of Chapter 18.61 (Hillside Development Overlay Zone) and the Floodplain Management Ordinance, and not to authorize any grading activity prohibited by this chapter or any county ordinance.

   B.   Interpretation:

      1.   This section shall be used as a guide whenever a conflict arises in the interpretation or enforcement of this chapter. The design, implementation and mitigation of grading regulated by this chapter (refer to Section 18.81.020) shall be reviewed prior to the issuance of any grading permit, to ensure compliance with the guidelines of this section and the specific standards and requirements of this chapter.

      2.   The design and implementation of all grading shall:

         a.   Minimize scars and other adverse visual impacts resulting from cut and fill;

         b.   Blend with the natural contours of the land;

         c.   Conserve the natural scenic beauty and vegetation of the site;

         d.   Be for purposes other than enabling buildings to penetrate the building height contour line; and

         e.   Restrict the areas and volumes to the minimum necessary to implement the planned development.

      3.   In all grading projects, measures shall be taken to:

         a.   Ensure that graded hillside, slopes or other areas subject to erosion are stabilized;

         b.   Reduce the erosion effects of stormwater discharge, preserve the flood-carrying capacity of natural or constructed waterways by limiting soil loss, and protect drainageways from siltation;

         c.   Minimize dust pollution and surface water drainage from graded areas during grading and development; and

         d.   Ensure that development activity is designed and implemented to minimize adverse impacts and include appropriate restorative measures.

(Ord. 1986-187 § 1 (part), 1986)

   A.   Scope:

      1.   All development projects shall require a Type 1 or Type 2 grading permit, except as exempted in subsection D of this section. In general, small private grading operations do not require a grading permit; major grading for custom home development requires a Type 1 permit, and general grading for larger development projects requires a Type 2 permit.

      2.   County development project shall abide by the requirements of Section 18.41.040, general grading performance standards, of this chapter. The board of supervisors may grant a special exception at a public hearing to a requirement of said section for a county development project.

   B.   Type 1 (grading sketch) permit applicability: A Type 1 grading permit is required for:

      1.   Single dwelling residential development on a single lot with a development envelope of fourteen thousand square feet or greater.

      2.   Nonresidential development which does not require a subdivision plat or development plan.

      3.   Stockpiling of between one hundred cubic yards and fifty thousand cubic yards of material.

      4.   Grading which requires a permanent cut or fill slope greater than five feet in height and steeper than a 3:1 slope, or grading on slopes of fifteen percent or greater.

   C.   Type 2 (grading plan) permit applicability: A Type 2 grading permit is required for:

      1.   Residential development which requires a subdivision plat or development plan.

      2.   Nonresidential development which requires a subdivision plat or development plan.

      3.   Stockpiling of more than fifty thousand cubic yards of material.

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

      1.   Residential development on a single lot, with a development envelope of less than fourteen thousand square feet;

      2.   The subsequent expansion, by less than twenty-five percent and not violating the spirit of this chapter, of an exempted or approved graded area;

      3.   The clearing, brushing or grubbing of an area of less than fourteen thousand square feet or for activities exempted in this subsection;

      4.   Stockpiling of less than one hundred cubic yards of material;

      5.   Resurfacing or maintenance of an existing paved surface;

      6.   New pavement of less than three thousand square feet;

      7.   Individual sewage disposal system with a county health department permit;

      8.   Excavation below finished grade for a basement, foundation, wall, or swimming pool authorized by a building permit or zoning construction permit (refer to Section 18.01.030(E), General Provisions);

      9.   Cemetery graves;

      10.   Refuse disposal site controlled by other regulations;

      11.   Exploratory excavation under the direction of a soil engineer or engineering geologist, provided all excavation is properly backfilled;

      12.   Archaeological exploration conducted under state permit by a qualified archaeologist;

      13.   Removal of selected individual plants for storage and replanting;

      14.   Underground utility installations under a paved roadway surface or a continuously-maintained unpaved roadway surface;

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

      16.   Grading for an appurtenant access or utility easement;

      17.   Land uses under statutory exemption (refer to Section 18.01.030(C), General Provisions).

(Ord. 2011-2 § 20 (part), 2011; Ord. 1990-61 § 1 (part), 1990; Ord. 1986-187 § 1 (part), 1986)

   A.   General usage: The definition and usage of terms in this chapter are as contained within this code, except that the definition and usage of terms describing drainage are as contained within the county Floodplain 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 side, designated on the approved grading plan, and used, during grading, for the transport of grading equipment, hauling of fill and other equivalent vehicular traffic to and from the grading site.

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

      3.   Approved plan: The most current grading sketch or grading plan which bears the authorized signature of approval of the county engineer.

      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 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.   Building height contour line: A contour elevation line set at the existing grade elevation, plus the maximum building height permitted by site rezoning conditions or this code and fifty percent of the additional height added by permitted fill. Refer to Illustration 18.81-1 (Section 18.81.110).

      8.   Clearing: The substantial removal of vegetation.

      9.   Envelope, building:

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

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

      10.   Envelope, development: The sum of the areas of the permit holder's land to be graded, including the building envelope, accessory buildings, and areas of related parking, driveways, swimming pools, walls and other accessory structures, but excluding individual sewage disposal systems.

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

      12.   Excavation: The artificial (i.e., mechanical, manual, blasting or other such) means for removal of earth material.

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

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

      15.   Grade, existing: The actual, current ground surface as of the date of adoption of the ordinance codified in this chapter.

      16.   Grade, finished: The final grade conforming to the approved grading sketch or plan.

      17.   Grade, rough: The stage at which grading substantially conforms with the approved grading sketch or plan.

      18.   Grading: The clearing, brushing, grubbing, excavating, or filling of a site.

      19.   Grading permit: An official document issued by the county engineer authorizing the grading activity specified by the grading permit conditions.

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

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

      22.   Inspector: A person authorized by the county engineer or building official to perform inspection on grading work.

      23.   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.

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

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

      26.   Slope: An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance (refer to Illustration 18.81-2, Section 18.81.110).

      27.   Soil: Naturally occurring deposits overlying bedrock.

      28.   Stabilization: Treatment with mitigation measures in accordance with the grading design manual, and approved by the county engineer that contribute to the erosion or siltation resistance, or the structural strength, of a graded area.

      29.   Stockpile: The storage of uncompacted earth material.

(Ord. 1998-50 § 2, 1998; Ord. 1990-61 § 1 (part), 1990; Ord. 1986-187 § 1 (part), 1986)

   A.   Scope:

      1.   The performance standards of this section are general grading performance requirements. A companion grading design manual elaborates minimum performance standards referenced by this section and includes nonregulatory guidelines for superior grading performance.

      2.   The grading design manual shall be adopted and amended in accordance with Section 18.01.070 (General Provisions).* The commission may hold the preliminary and public hearings concurrently. The technical review committee (refer to Section 18.99.040, Review Committees) shall provide a recommendation prior to commission public hearing.

   B.   Site revegetation and stabilization: All graded areas except those to be used for agriculture or livestock purposes, not revegetated, stabilized or constructed on upon expiration of the grading permit shall be revegetated or stabilized within sixty days of permit expiration in accordance with the grading design manual, and furthermore, in cases where the purpose of the grading permit is not met, shall be designed to restore the native vegetative community.

   C.   Slopes: All exposed cut or fill slopes shall be revegetated or stabilized in accordance with the grading design manual and the approved grading sketch or plan.

   D.   Terracing: Terracing to control surface drainage and debris on cut or fill slopes may be required in accordance with the grading design manual. The width of a terrace shall be a minimum of six feet.

   E.   Fill: Fill shall be compacted and soil tested in accordance with the grading design manual.

   F.   Setbacks: The following setbacks shall be increased by the county engineer if considered necessary for safety or stability, or to prevent possible damage from water, soil or debris:

      1.   Top of Cut Slope: The top of cut slopes shall be made not nearer to a site boundary line than one fifty of the vertical height of cut, with a minimum of two feet and a maximum of ten feet. The setback may need to be increased for any required interceptor drains.

      2.   Toe of Fill Slope: The toe of fill slope shall be made not nearer to the site boundary line than one-half the height of the slope, with a minimum of two feet and a maximum of twenty feet.

      3.   Buildings: Buildings shall be set back from the toe and top of slopes in accordance with the county building codes (Title 15), Illustration 18.81-3 in Section 18.81.110 or the approved soils report. This shall not reduce the required building setback from property line.

      4.   Rights-of-way: The required setback of a slope toe adjacent to a public right-of-way may be reduced with the approval of the county engineer, if there will be no adverse effect and:

         a.   Easements are not required; or

         b.   Retaining walls are used.

   G.   Building height: The finished grade and building pads shall be established so that the maximum building height shall not exceed the building height contour line (refer to Illustration 18.81-1, Section 18.81.110).

   H.   Drainage control systems:

      1.   Permanent systems:

         a.   Erosion control shall be constructed and maintained to prevent erosion of slopes, and cleared, brushed, grubbed or graded areas, in accordance with the grading design manual.

         b.   Where cut slopes are not subject to erosion due to the erosion-resistant character of the native materials, erosion control may be omitted upon approval by the county engineer.

         c.   Erosion control devices to prevent erosion or sediment deposition on off-site property may be required in accordance with the grading design manual.

         d.   The shoulders of a paved public or private roadway shall be protected against erosion wherever curbing or constructed spillways are not provided, in accordance with the Grading Design Manual.

         e.   Surface drainage:

            1)   Cut and fill slopes shall be provided with approved surface drainage for stability and erosion protection of affected properties in accordance with the Grading Design Manual;

            2)   Surface drainage interceptors shall be provided at the top of cut and fill slopes where there is surface runoff and erosion potential in accordance with the Grading Design Manual;

            3)   Drainage slopes to protect foundations shall be provided in accordance with the Grading Design Manual.

         f.   Subsurface drainage: Subsurface drainage for stability and protection of affected properties from ground water seepage may be required in accordance with the Grading Design Manual.

      2.   Interim systems: Interim drainage control systems shall be provided in accordance with the Grading Design Manual.

   I.   Import and export of earth material:

      1.   Loading of earth material shall occur only within the time limits of subsection J of this section, and dust palliatives shall be applied in accordance with the Grading Design Manual.

      2.   The transportation of earth material on public rights-of-way shall be in a manner that minimizes blowing soil and other hazards.

   J.   Hours of grading:

      1.   Grading equipment operation within one-half mile of a structure occupied by humans shall not be conducted between sunset and seven a.m.

      2.   Normal equipment maintenance involving lights, motors or generators, and occurring within six hundred feet of a structure occupied by humans, shall not be conducted between nine p.m. and seven a.m.

      3.   The county engineer may allow grading equipment operation or maintenance during other hours if such operations are not detrimental to the health, safety or welfare of the inhabitants of the structure.

      4.   Permitted hours of operation or maintenance may be shortened by written notice, if the county engineer finds a substantial adverse effect on the health, safety or welfare of the surrounding community.

   K.   Restriction of vehicles:

      1.   No vehicles shall be driven over "natural open space areas," as designated on the approved grading sketch or grading plan.

      2.   Points-of-entry to the site during grading shall be only as designated on the approved grading sketch or grading plan.

      3.   For Type 2 permits, access roads to the site during grading shall be only as designated on the approved grading plan.

   L.   Additional requirements:

      1.   During grading, and until revegetation or stabilization has taken place, dust shall be minimized through application of approved dust controls in accordance with the Grading Design Manual.

      2.   Public rights-of-way, sidewalks and other improvements shall be maintained during grading in a neat and clean condition, free of loose soil, construction debris and trash.

      3.   Debris, fill or equipment shall not be stored within a public right-of-way without the written approval of the county engineer.

      4.   Cut or fill material in excess of that allowed by the grading permit shall be disposed of in accordance with the Grading Design Manual.

(Ord. 1990-61 § 1 (part), 1990; Ord. 1986-187 § 1 (part), 1986)

* Editor's note: Section 2 of Ordinance No. 1990-61 states as follows: "The Grading Design Manual, which is attached to and incorporated in this ordinance as Exhibit A, and which contains technical requirements for grading, is hereby adopted and shall have all of the force and authority of an ordinance. The Grading Design Manual shall not be published as a part of the Pima County Zoning Code, but shall be published as a separate booklet."

   A.   Scope: A Type 1 application for a grading permit requires a completed grading permit application, grading sketch and grading statement. A survey sealed by a registered land surveyor is not required.

   B.   Grading sketch requirements:

      1.   The existing and proposed finished grade of the area to be graded, based on spot elevations or two-foot contour interval maps;

      2.   The extent of graded areas, shaded and labeled "graded area," and, where structures are to be constructed:

         a.   The existing grade at the primary building corners and proposed finished floor elevations; and

         b.   The proposed building heights, shown to conform to the building height contour line requirements;

      3.   The location of proposed mitigative measures, such as revegetation or retaining walls;

      4.   The exterior boundaries of the site;

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

   C.   Grading statement: A written grading statement shall be submitted with an application for a grading permit. The statement shall include, where applicable:

      1.   A description of stabilization, erosion and drainage control measures;

      2.   The off-site disposal location and estimated quantity of earth material and vegetation to be removed from the site during grading;

      3.   Estimated starting and completion dates;

      4.   A description of the dust control method to be used during grading and until revegetation or stabilization has been completed.

   D.   Documents preparation:

      1.   Documents shall be prepared in accordance with the Grading Design Manual; and

      2.   Information shall conform with rezoning conditions (when applicable and shall be consistent with the rezoning site analysis (refer to Section 18.91.030(F), Rezoning Procedures) and other applicable regulations.

   E.   Application:

      1.   The grading permit application, grading sketch and other required materials shall be submitted for review to the central permits division of the county planning and development services department.

      2.   When desired, a letter of intent to exercise the inspection certification option (refer to Section 18.81.070B) shall be submitted with the application.

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

      4.   Fees are payable to the county treasurer in accordance with the fees schedule adopted by county ordinance.

   F.   Application review:

      1.   The grading sketch and statement shall be reviewed for consistency with applicable regulations and standards, and, if approved, a grading permit shall be issued within five working days of application.

      2.   If determined inadequate, the application shall be returned within five working days and the owner may resubmit, without additional fees, an amended grading sketch or statement.

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

   G.   Grading permit issuance and expiration:

      1.   Issuance: Grading permits are issued by the county engineer. A copy of the grading permit and approved grading sketch shall be kept in an easily accessible location on the site.

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

   H.   Grading permit extension and reapplication:

      1.   Extensions: Upon written request by the permit holder, the county engineer may approve a single one-hundred-eighty-day time extension of a grading permit.

      2.   Reapplication: Reapplication for a grading permit may be made in accordance with this chapter. Assurances of additional conditions may be imposed by the county engineer on a permit, as a consequence of reapplication.

   I.   Changes to grading permit:

      1.   Hazardous conditions: If drainage problems, flood hazards or other hazards occur that were not considered at the time the permit was issued, the county engineer shall require that any substantial engineering modifications be submitted in a report and that the grading design be modified.

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

(Ord. 1990-61 § 1 (part), 1990; Ord. 1986-187 § 1 (part), 1986)

   A.   Scope: A Type 2 application for a grading permit requires a completed grading permit application, grading plan, grading statement and soils report. Where applicable and not otherwise submitted, drainage improvement plans shall be required also.

   B.   Grading plans requirements:

      1.   The existing and proposed finished grade contours, or sufficient spot elevations (except as amended in subdivision 2 of this subsection) of the area to be graded, at a minimum of two-foot contour intervals for slopes up to fifteen percent. Slopes over fifteen percent shall be shown in accordance with Chapter 18.61 (Hillside Development Overlay Zone).

      2.   The extent of graded areas, shaded and labeled "graded area," and, where structures are to be constructed:

         a.   Spot elevations may be shown for the finished grade within the building envelope;

         b.   All building pads, showing the existing grade at the primary building corners and proposed finished floor elevations; and

         c.   The proposed building heights, shown to conform to the building height contour line requirements.

      3.   The general topography for one hundred feet, or as specified by the county engineer, outward from sites greater than five acres; the county engineer may determine that such information is necessary for smaller sites.

      4.   A description of the mitigation methods, specifying elevations, dimensions, quantities and locations, to be used during grading and until revegetation or stabilization has been completed.

      5.   The exterior boundaries of the site, the basis of bearing and a benchmark to establish the vertical datum.

      6.   The extent and manner of preserving, relocating, clearing and disposing of vegetation.

      7.   The final ground cover, revegetation (if any), erosion control and proposed methods for cut or fill stabilization, based upon the soils report (refer to subsection C of this section).

      8.   Access roads, haul routes and points-of-entry to the grading site.

      9.   Where drainage improvement plans have not been submitted separately or where interim drainage conditions exist because of project phasing, plans for:

         a.   Drainage or other protective devices to be constructed as part of the grading;

         b.   The drainage area and estimated runoff of the area served by drains.

      10.   A general description of potential paleontological, archaeological or historical resources, and proposed mitigation measures from a qualified archaeologist or archaeological institute.

      11.   The off-site disposal location and estimated quantity of earth material to be removed from the site during grading.

      12.   Estimated starting and completion dates for each grading phase.

      13.   For superior project design and grading performance, it is encouraged that the project designer prepare for project design use an existing site inventory, identifying and quantifying vegetation, soils, on- and off-site viewshed constraints, slope analysis and drainage.

   C.   Grading Statement: Refer to Section 18.81.050C.

   D.   Soils report:

      1.   The report shall contain all geotechnical engineering information and recommendations applicable to the project, in accordance with the Grading Design Manual, and shall be sealed by the soils engineer prior to submittal.

      2.   The civil engineer or qualified registrant responsible for preparing the grading plan shall incorporate all report recommendations into the plan and statement.

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

      4.   The civil engineer or soils engineer of the developer shall be required to provide written certification to the building official that the foundation sub-base requirements have been met.

   E.   Documents preparation:

      1.   Documents shall be prepared in accordance with the Grading Design Manual.

      2.   Information shall conform with rezoning conditions (when applicable) and shall be consistent with the rezoning site analysis (refer to Section 18.91.030F, Rezoning Procedures) and other applicable regulations.

      3.   Grading plan preparation: The plan shall be prepared by, or under the direction of, a civil engineer or qualified registrant (who may consult with, or submit information in conjunction with, a landscape architect or other qualified person with expert knowledge of the subject).

   F.   Application:

      1.   The grading permit application, grading plan and other required materials shall be submitted to the county department of transportation for distribution to the applicable county review agencies.

      2.   When desired, a letter of intent to exercise the inspection certification option (refer to Section 18.81.070B) shall be submitted with the application.

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

      4.   Fees are payable to the county treasurer in accordance with the fees schedule adopted by county ordinance.

      5.   At the discretion of the county engineer, grading assurances may be required in the form of a performance bond or other security acceptable to the county engineer. The assurances shall be applied only to:

         a.   Eliminate potential hazardous conditions; or

         b.   Mitigate the effects of dust, drainage, erosion, visual scars or hazardous conditions, in accordance with the Grading Design Manual;

   G.   Application review:

      1.   Grading plans and related submittals shall be reviewed concurrent with the tentative plat or development plan review process for the project;

      2.   Plans and reports shall be reviewed for consistency with applicable regulations and standards, and the approved rezoning site analysis (if required). If determined inadequate, they shall be returned within five working days.

      3.   Written review comments shall be provided to the applicant within twenty working days for the first submittal, and within five working days of each resubmittal, until approved and permits issued.

      4.   Prior to approval of the grading plan, the county engineer shall inspect the site to determine that the submittals are current and reflect existing conditions.

   H.   Preliminary grading:

      1.   Preliminary grading approval: A preliminary grading permit for clearing, brushing, grubbing, preliminary excavation or filling may be issued in special circumstances at the discretion of the county engineer, provided:

         a.   The county engineer finds that the proposed grading is consistent with this chapter and code;

         b.   The county engineer finds that the proposed grading will not have an adverse effect on the existing site and surrounding area;

         c.   Preliminary grading shall occur in accordance with an approved preliminary grading plan, and shall occur no less than twenty feet from the boundaries of the future development envelope, exclusive of approved points-of-entry; and

         d.   Preliminary grading assurances have been provided in accordance with subdivision 2 of this subsection.

      2.   Preliminary grading assurances:

         a.   When approval has been granted for preliminary grading, grading assurances shall be posted in an amount not to exceed the approved preliminary grading cost estimate made by a civil engineer;

         b.   The assurances shall be applied only to:

            1)   Eliminate potential hazardous conditions; or

            2)   Mitigate the effects of dust, drainage, erosion, visual scars or hazardous conditions, in accordance with the Grading Design Manual;

         c.   The assurances shall be released by the county when the preliminary grading has been inspected and received the written approval of the county engineer. Final approval of a grading permit shall not require the release of the assurances in the event of preliminary grading noncompliance.

   I.   Grading permit issuance and expiration:

      1.   Issuance: Grading permits shall be issued by the county engineer no earlier than at the time of written staff approval of the tentative subdivision plat or development plan. A copy of the grading permit and approved grading plan shall be kept in an easily accessible location on the site.

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

   J.   Grading permit extension and reapplication:

      1.   Extensions: Upon written request by the permit holder, the county engineer may approve a single one-hundred-eighty-day time extension of a grading permit.

      2.   Reapplication: Reapplication for a grading permit may be made in accordance with this chapter. Assurances or additional conditions may be imposed by the county engineer on a permit, as a consequence of reapplication.

   K.   Changes to grading permit:

      1.   Hazardous Conditions: If drainage problems, flood hazards or other hazards occur that were not considered at the time the permit was issued, the county engineer shall require that any substantial engineering modifications be submitted in a report and that the grading design be modified.

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

(Ord. 1990-61 § 1 (part), 1990; Ord. 1986-187 § 1 (part), 1986)

   A.   General inspections:

      1.   All grading which requires a permit shall be inspected by the county engineer in accordance with the grading permit:

         a.   The inspection schedule shall be prepared in accordance with the Grading Design Manual. Fees shall be based on the inspection schedule and payable to the county treasurer in accordance with the fees schedule adopted by county ordinance.

         b.   The permit holder shall provide notification twenty-four hours prior to an inspection request, or as specified on the grading permit;

         c.   The county shall provide an inspector within two working days of the requested time.

      2.   If the county engineer finds site conditions are not as stated in the approved grading permit conditions, the county engineer may order work authorized by the grading permit to stop until a revised grading sketch or plan has been approved.

      3.   Whenever grading work requiring county inspection is concealed by additional work without first having been inspected, the county engineer may require, by written notice, that such work be:

         a.   Exposed, for inspection by the county; or

         b.   Certified by the project civil engineer as being in conformance with applicable regulations.

   B.   Inspection certification option:

      1.   The owner may retain a civil engineer to:

         a.   Perform the required grading construction inspections; and

         b.   Certify, upon notification of completion, that grading has been performed in conformance with approved plans and permit conditions.

      2.   The owner shall submit a letter of intent to invoke the certification option, which shall include a written agreement of certification responsibility from a civil engineer, with the grading permit application.

      3.   Inspection fees are waived, with the exception of the final grading inspection fee.

      4.   The civil engineer shall maintain project logs and records consistent with accepted engineering practice for a minimum of three years after project completion.

      5.   The county engineer may periodically inspect the grading to determine that adequate control is being exercised by the civil engineer.

      6.   The county engineer shall conduct a final inspection and the owner shall be liable for any corrective action deemed necessary.

   C.   Final inspection of rough grade:

      1.   All rough grading shall be completed in accordance with the grading permit prior to final rough grade inspection by the county engineer.

      2.   The final inspection shall be conducted by the county engineer prior to issuance of a certificate of substantial grading conformance or release of grading assurances (if required). The permit holder shall provide a minimum of twenty-four hours' notice to the county engineer when any phase of rough grading is ready for final inspection.

      3.   The county engineer may approve completed rough grading prior to completion of related work in cases of extreme hardship or where grading has been designed to be completed in phases, provided that no hazards exist and a performance bond has been posted to ensure completion of remaining grading work of that phase.

      4.   The soil report and certification of sub-base requirements shall be submitted to the building official prior to any foundation inspections.

   D.   Final grading inspection:

      1.   All required grading work shall be completed in accordance with the grading permit prior to final grading inspection by the county engineer and issuance of a certificate of final grading approval.

      2.   Where the conditions of a grading permit include the establishment of vegetation or other final site grading work that extends beyond the expiration of the grading permit, the county engineer shall make a post-grading inspection within six months of permit expiration or as required by the grading permit.

   E.   Maintenance of revegetation: The maintenance of revegetated graded areas shall be in accordance with Section 18.73.080 (Landscaping, Buffering and Screening Standards).

(Ord. 1990-61 § 1 (part), 1990; Ord. 1986-187 § 1 (part), 1986)

   A.   Grading permit enforcement:

      1.   The enforcement of this chapter and conditions of the grading permit shall be in accordance with this section and Chapter 18.95 (Compliance and Enforcement).

      2.   When the county engineer determines a substantial noncompliance with the conditions of the grading permit, the county engineer shall issue a stop-work order and hold in abeyance, by written notice, the county review of other submittals related to the development project and the issuance of county permits for any aspect of the development project until remedial actions have received the written approval of the county engineer.

   B.   Stop-work orders:

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

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

   C.   Penalties:

      1.   Failure to obtain grading permit: Unless exempted by this chapter (refer to Section 18.81.020(D)), failure to obtain a grading permit prior to commencement of grading shall be a violation of this code. However, the county engineer may issue an exception permit if the county engineer finds that an emergency existed which made it impossible first to obtain a permit.

      2.   Violations: A violation shall result in issuance of a stop-work order and penalties in accordance with Section 18.95.040 (Compliance and Enforcement). Payment of a fine shall not relieve any person from complying with the requirements of this chapter.

   D.   Special Investigation and Special Investigation Fee; Work without a Permit.

      1.   Special Investigation. Whenever work for which a grading permit is required is done without a grading permit, a special investigation shall be made by the development services department before a grading permit may be issued to determine whether to allow such grading to remain without remediation and to confer retroactive approval. In the event the special investigation determines that remediation is required, it may be made a condition of the issuance of a grading permit and may be required even if the application for a grading permit is denied.

      2.   Special Investigation Fee. The development services department shall assess a special investigation fee in accordance with the development services fee schedule, in addition to the permit fee, whether or not a permit is then or subsequently issued. Payment of the special investigation fee is required prior to the issuance of a grading permit or any other permit for the property on which the special investigation fee is assessed. The payment of the special investigation fee shall not exempt the property on which the special investigation fee is assessed from compliance with all other provisions of this code nor from any penalty prescribed by law.

(Ord. 2011-2 § 20 (part), 2011; Ord. 2001-167 1, 2001; Ord. 1986-187 § 1 (part), 1986)

   A.   Quantifiable requirements of Section 18.81.020(B) Type 1 (grading sketch) permit applicability, Section 18.81.040 general grading performance standards, and Section 005 grading mitigation on the Grading Design Manual, may be modified up to a maximum of twenty percent by the county engineer when it is demonstrated that an unusual site or use condition exists and when such adjustment will not result in a danger to persons or property.

   B.   In determining whether to grant the adjustment, the county engineer shall follow the board of adjustment standards for granting variances set forth in Section 18.93.030(B), and enumerated below:

      1.   The strict application of the provision would work an unnecessary hardship;

      2.   The unnecessary hardship arises from a physical condition that is unusual or peculiar to the property and is not generally caused to other properties in the zone;

      3.   The unnecessary hardship does not arise from a condition created by an action of the owner of the property;

      4.   The variance is the minimum necessary to afford relief;

      5.   The variance does not allow a use which is not permitted in the zone by the code;

      6.   The variance is not granted solely to increase economic return from the property;

      7.   The variance will not cause injury to or adversely affect the rights of surrounding property owners and residents;

      8.   The variance is in harmony with the general intent and purposes of the code and the provision from which the variance is requested;

      9.   The variance does not violate state law or other provisions of Pima County ordinances;

      10.   No condition attached to the variance by the board is personal to the appellant.

(Ord. 1990-61 § 1 (part), 1990)

   A.   Waivers:

      1.   Scope: A waiver from a provision of this chapter may be granted by the technical review committee (refer to Section 18.99.040, Review Committees) when the strict application of the provision would require work by the permit holder detrimental to the purposes of this chapter and cause an unnecessary hardship which substantially limits the preservation and enjoyment of property rights.

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

         a.   The hardship is not generally caused to other properties subject to the provision;

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

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

         d.   The waiver is in harmony with the intent and purposes of this code and the provision of this chapter from which the waiver is requested.

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

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

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

      4.   Application: The request for waiver shall be made on a form provided by the planning and development service department and shall be heard within sixty days. Hearing fees shall be required.

      5.   Review and notice: The committee shall hold a hearing on the waiver request and, within five working days, notice of the decision shall be mailed to all property owners within three hundred feet of the grading site. Failure to provide notice shall not invalidate an action of the committee.

      6.   Appeal: A decision of the committee may be appealed within fifteen days of the decision to the board of adjustment in accordance with Chapter 18.93.

   B.   Interpretation review:

      1.   Scope: Upon request by an affected person who believes there has been a misinterpretation, the technical review committee shall review an interpretation of a provision of this chapter made by a county official.

      2.   The request for review shall cite:

         a.   The disputed interpretation made by the county official; and

         b.   The words alleged to have been misinterpreted.

      3.   Application: The request shall be made on a form provided by the planning and development services department and shall be heard within sixty days. Hearing fees shall be required.

      4.   Review and notice: The committee shall hold a hearing on the waiver request and, within five working days, notice of the decision shall be mailed to all property owners within three hundred feet of the grading site. Failure to provide notice shall not invalidate an action of the committee.

      5.   Appeal: A decision of the committee may be appealed within fifteen days of the decision to the board of adjustment in accordance with Chapter 18.93.

   C.   Appeal to superior court: Appeal from a decision of the board of adjustment may be made to the superior court by the owner or affected persons.

(Ord. 1990-61 § 1 (part), 1990; Ord. 1986-187 § 1 (part), 1986)

   See Illustrations 18.81-1, 18.81-2, and 18.81-3.

(Ord. 1990-61 § 1 (part), 1990; Ord. 1986-187 § 1 (part), 1986)

Illustration 18.81-1 
BUILDING HEIGHT CONTOUR LINE 

Illustration 18.81-2 
SLOPE DETERMINATION 

Illustration 18.81-3 
SETBACKS