Last Modified on 05/07/2009 09:06:01Chapter 32A GRADING AND DRAINAGE*
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Cross references: Engineering and Architectural Services Department, § 2-27; Development Advisory Board, § 2-164 et seq.; building regulations, ch. 9; discharging water into streets or sidewalks, § 31-8; subdivisions, ch. 32; development of hillside areas, § 32-32; floodplains, ch. 32B; stormwater quality protection, ch. 32C; Development Services Department fee schedule, app. A.2.
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Sec. 32A-1. Purpose.
Sec. 32A-2. Scope.
Sec. 32A-3. Enforcement.
Sec. 32A-4. Minor variances.
Sec. 32A-5. Appeals.
Sec. 32A-6. Permits required and exceptions.
Sec. 32A-7. Hazardous conditions.
Sec. 32A-8. Definitions.
Sec. 32A-9. Permit requirements.
Sec. 32A-10. Permit limitations and conditions.
Sec. 32A-11. Denial of permit.
Sec. 32A-12. Grading permit fees and plan review fees.
Sec. 32A-13. Necessity for completion of grading before occupation of building.
Sec. 32A-14. Design standards for cuts.
Sec. 32A-15. Design standards for fills.
Sec. 32A-16. Design standards for setbacks.
Sec. 32A-17. Design standards for drainage.
Sec. 32A-18. Grading, inspections and supervision.
Sec. 32A-19. Safety precautions.
Sec. 32A-20. Responsibility of permittee.
Sec. 32A-21. Modification of approved plan.
Sec. 32A-22. Completion of work.
Sec. 32A-23. Official Subdivision Grading and Drainage Manual.
Sec. 32A-24. Design standards for on-site retention of stormwater.
Sec. 32A-25. Design standards for on-lot detention of storm drainage.
Sec. 32A-26. Hillside lots/mountain preserves.
Sec. 32A-27. Violations and penalties.
Sec. 32A-28. Jurisdiction of court.
Sec. 32A-29. Commencement of civil action.
Sec. 32A-30. Admission or denial of allegation; hearing; findings of court; civil sanction.
Sec. 32A-1. Purpose.
The purpose of this chapter is to safeguard life, limb, property, and public welfare by establishing minimum requirements for regulating grading and drainage and procedures by which these requirements may be enforced.
All grading shall be performed in accordance with the provisions of this chapter but [this chapter] shall not be construed to prevent the enforcement of other laws which prescribe more restrictive limitations nor shall the provisions of this chapter be presumed to waive any limitations imposed by other statutes or ordinances.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1)
Sec. 32A-2. Scope.
This chapter sets forth rules and regulations to control earthwork construction, including excavation embankments and drainage on property other than public street and alley right-of-way; establishes the administrative procedure for issuance of permits; and provides for approval of plans, specifications, and inspection of such construction.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1)
Sec. 32A-3. Enforcement.
(a) The official charged with the enforcement of this chapter is the Development Services Director, or his designee.
(b) It shall be unlawful to perform any work described in section 32A-2 without obtaining a permit from the Development Services Director. Work described in section 32A-2 that proceeds without the required permit shall be subject to the investigation and remediation fee set forth in appendix A.2 of the City Code.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 1; Ord. No. G-3313, § 1; Ord. No. G-3346, § 5; Ord. No. G-3887, § 1)
Sec. 32A-4. Minor variances.
The Development Services Director may grant a minor variance to this chapter's provisions and amendments relating thereto when there exists an unnecessary hardship substantially limiting the preservation and enjoyment of property rights and resulting from a literal interpretation of this chapter's provisions and amendments relating thereto. This minor variance shall not apply to NPDES, nor be authorized unless it is found that:
(a) Special circumstances or conditions apply to this permit application; and
(b) Authorizing of the minor variance is necessary for the preservation and enjoyment of substantial property rights; and
(c) Authorizing of the minor variance will not be materially detrimental to the person residing or working in the vicinity, to adjacent property, to the neighborhood or to the public welfare in general; and
(d) Granting of the minor variance will be in harmony with the purposes sought to be attained by this chapter's provisions and amendments relating thereto.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-3313, § 1; Ord. No. G-3887, § 1)
Sec. 32A-5. Appeals.
Appeals from decisions of the Development Services Director in interpreting this chapter may be taken to the Development Advisory Board.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 1; Ord. No. G-1569, § 1; Ord. No. G-3313, § 1; Ord. No. G-3887, § 1; Ord. No. G-4176, § 12, passed 5-19-1999, eff. 6-18-1999)
Sec. 32A-6. Permits required and exceptions.
(a) Drainage. No person shall obtain a building permit, required by the Building Code of the City of Phoenix, for work in or over any natural watercourse, drainageway, canyon, ravine, arroyo or other potential flood hazard area without first having obtained a grading permit from the Development Services Director.
(b) Flood hazard area. No person shall obtain a building permit, required by the Building Code of the City of Phoenix, in an area of special flood hazard without first obtaining a grading permit from the Development Services Director and its approval of the Street Transportation Director.
(c) Filling and excavating. No person shall do any grading without first having obtained a grading permit from the Development Services Director except for the following:
(1) An excavation which (a) is less than two feet in depth, or (b) which does not create a cut slope greater than five feet in height and steeper than one vertical to one and one-half horizontal.
(2) A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical and which does not exceed one hundred cubic yards on any one site and does not obstruct a drainage course.
(3) An excavation of ten thousand cubic yards or less or eight feet or less below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure.
(4) Excavation or deposition of earth materials within a property which is dedicated or used, or to be used for cemetery purposes not obstructing a watercourse except where such grading is within one hundred feet of the property line or intended to support structures.
(5) Mining, quarrying, excavating, processing, [or] stockpiling of rock, sand, gravel, aggregate, or clay where established and provided for by law provided that such operations do not affect the lateral support or unduly increase the stresses in or pressure upon any adjacent or contiguous property.
(6) Grading in an isolated, self-contained area if the Development Services Director finds that no apparent danger to private or public property can now or thereafter result from the grading operations.
(7) Grading in public rights-of-way and easements done under a permit issued by the Development Services Director.
(8) Grading by a public utility company in private easements which do [does] not obstruct a natural watercourse.
(9) New sanitary landfills and refuse disposal areas which are regulated by the Maricopa County Health Department.
(d) Notwithstanding section 32A-6(c)(1) and (2), no person shall commence or conduct any clearing, grubbing, and/or grading of land which is designated as hillside under the Zoning Ordinance of the City of Phoenix, or which land has specific zoning or development stipulations attached to it which prohibit or controls grading, clearing or grubbing on said land, or which land is in a zoning district which prohibits or controls clearing, grubbing and/or grading of said land, without first having obtained a permit from the Development Services Director.
(e) Notwithstanding the provisions of (c) above, the NPDES program may require a stormwater pollution prevention plan and impose additional requirements and prohibitions.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, §§ 1, 3; Ord. No. G-2786, § 1; Ord. No. G-3313, § 1; Ord. No. G-3887, § 1)
Sec. 32A-7. Hazardous conditions.
Whenever any existing excavation or embankment or fill has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainageways, such condition shall be deemed a nuisance and the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Development Services Director shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-3313, § 1)
Cross references: Nuisances, § 23-11 et seq.
Sec. 32A-8. Definitions.
For the purposes of this chapter, the words and phrases herein defined shall be constructed in accordance with the definitions set forth unless it is apparent from the content that a different meaning is intended.
Bedrock is the solid, undisturbed bedrock in place either at the ground surface or beneath surficial deposits of gravel, sand or soil.
Building Official means the Building Official of the City of Phoenix.
Clearing or grubbing is defined as the removal, relocating or addition of any plant, bush, tree, cacti, or earth or rock.
Development Services Director means the Development Services Director or his designee of the City of Phoenix.
Excavation means any act by which earth, sand, and gravel, rock, or other earthen material is cut into, dug, uncovered, displaced or relocated, and shall include the conditions resulting therefrom.
Existing grade is the grade or elevation of the existing ground surface prior to excavating or filling.
Fill is deposits of soil, rock, or other materials placed by humans.
Finish grade is the final grade or elevation of the ground surface after grading is completed.
Grading is any excavating or filling or combination thereof and shall include the conditions resulting from any excavation or fill including the natural drainage pattern.
NPDES program: National Pollution Discharge Elimination System is the requirements of federal law pursuant to 33 United States Code section 1342 requiring a developer, public or private, to control or eliminate erosion and other forms of water pollution from a site. As used in this chapter, the term also includes the requirements of chapter 32C of this Code.
On-lot detention: The detaining of stormwater on an individual lot for a given design frequency, said area of lot being exclusive of public streets, alleys, or other land dedicated for public use.
On-site retention: The retention of stormwater volume that falls on the site for a given design frequency storm, said site being exclusive of public streets, alleys or other land dedicated for the public use.
Outfall of lot is the lowest point of the lot (when final grading and improvements are complete) that will provide for continuity of drain water disposal to the street, alley, or drainage channel or easement.
Retaining wall is a wall which supports earth higher on one side than the other side (measured from the top of the footing to the top of the retaining wall); a retaining wall over three feet shall be designed by a civil or structural engineer and approved by the Development Services Department prior to construction.
Rough grade is an approximate elevation of the ground surface conforming to the proposed design.
Site is any lot or parcel of the land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
Soil is all earth material of whatever origin that overlies bedrock.
Supervising engineer means an engineer who is licensed by the State of Arizona and who has been employed to design or oversee work regulated by this chapter.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 2; Ord. No. G-1641, § 1; Ord. No. G-3313, § 1; Ord. No. G-3887, § 1; Ord. No. G-3994, § 1, passed 3-19-1997, eff. 4-18-1997)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 32A-9. Permit requirements.
(a) Application. To obtain a grading permit, the applicant shall file therefor in writing on a form furnished by the Development Services Director. A separate application shall be required for each site and may cover both excavation and filling.
Every such application shall:
(1) Identify and describe the work to be covered by the permit for which application is made.
(2) Describe the land on which the proposed work is to be done by lot, block, tract or similar description that will identify readily and definitely locate the proposed work and give name and address of property owner.
(3) Indicate the intended use for which the site is being prepared.
(4) Give proposed location of deposit area and name and address of person who will receive excavated material and evidence that he is willing to receive the material (if off-site).
(5) Be accompanied by plans, specifications and a soil report as required in subsection (b) of this section and a stormwater pollution prevention plan (SWPPP) if required in subsection (e) of this section.
(6) State the estimated quantities of earthwork involved.
(7) Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority.
(8) Locate all retaining walls (and state height) planned in the project.
(9) Provide typical cross sections of retaining wall and privacy wall at all locations along the perimeter of the project.
(10) Give such other information as reasonably may be required by the Development Services Director.
(b) Plans, specifications and soil report. Each application for a grading permit shall be accompanied by two sets of plans, specifications and soil report, except when waived by the Development Services Director for minor or insignificant work. The plans, specifications and soil report shall be prepared and signed by an engineer licensed by the State of Arizona.
Exceptions:
1. Plans and specifications need not be prepared by a licensed engineer if the Development Services Director waives such requirement because technical engineering is not required.
2. When waived by the Development Services Director in cases where soils and geologic conditions are not significant factors in the design, a soil report need not be submitted.
3. Plans, specifications and soil reports shall not be required by the Development Services Director for work in a legal subdivision or for work which is in an area under an approved site plan required by the Zoning Ordinance, provided such subdivision or site plan approval is granted subsequent to the effective date of this chapter. The requirements of this chapter shall be fulfilled during the approval process of the subdivision or site plan.
(c) Information on plans and in specifications and soil report. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and person by whom they were prepared. The plans shall show, but need not to be limited to, the following information:
(1) General vicinity map of the proposed site.
(2) Property limits and accurate contours of existing ground and details of terrain and area drainage. All elevations shall be to U.S. Coast and Geodetic Survey Datum.
(3) Limiting dimensions, elevations, slopes and finish contours or elevations to be achieved by the grading, and proposed drainage channels and related construction.
(4) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drainage system.
(5) Location of any buildings or structures on the property where the work is to be performed and the location of any building or structures on land of adjacent property owners which are within fifty feet of the property or which may be affected by the proposed grading operations.
(6) Any additional plans, drawings, specifications or calculations reasonably required by the Development Services Director.
(7) Provisions for on-site retention of stormwater, unless waived by the Development Services Director, or otherwise not required by this chapter.
(8) In areas of special flood hazard, indicate the area of special flood hazard as delineated by the Federal Emergency Management Agency.
Specifications shall contain information covering construction and material requirements.
Plans and specifications shall be based on the soil report when such a report is required.
(d) The soil report shall show the information obtained from surface, subsurface and geological investigations necessary to provide information on which to base the design of the proposed project. The report shall include, but need not be limited to, pertinent data as applicable to the proposed project, concerning:
(1) The nature, distribution and strengths of existing soil and rock.
(2) Geologic factors affecting stability and safety.
(3) Conclusions and recommendations for grading requirements including the correction of weak and/or unstable conditions.
(4) Opinions and recommendations covering the adequacy of sites to be developed by the proposed grading operations.
(e) Stormwater pollution prevention plan (SWPPP), as per the NPDES program, shall be submitted by the owner or his representative with the grading and drainage plan. The requirements of the erosion control plan are listed in the Subdivision Grading and Drainage Manual.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-1260, § 1; Ord. No. G-1641, § 1; Ord. No. G-3313, § 1; Ord. No. G-3887, § 1; Ord. No. G-3994, § 1, passed 3-19-1997, eff. 4-18-1997)
Sec. 32A-10. Permit limitations and conditions.
(a) General. The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application of the permit or on the site plans and specifications approved by the Development Services Director.
The issuance of a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor an approval of any violation of or deviation from the provisions of this chapter or any other ordinance, law, rule or regulation. A permit issued shall be invalid if, in the work completed, a violation of this chapter or deviation therefrom, ensued. When such violation occurs, the permit shall be deemed to be canceled and the ground restored to the condition it was in prior to start of the grading work.
The issuance of a permit based upon drawings and specifications shall not prevent the Development Services Director from thereafter requiring the correction of errors in said drawings and specifications of from stopping unlawful construction operations being carried on thereunder.
(b) Jurisdiction of other agencies. Permits issued under the requirements of this chapter shall not relieve the owner of the responsibility for securing required permits for work to be done which is regulated by any other ordinance, department, or division of the City of Phoenix or other governing agency.
(c) Time limits. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within one hundred eighty days after the date of the issuance of the grading permit.
If the permittee is unable to complete the work within the specified time, he shall, prior to the expiration of the permit, present in writing to the Development Services Director request for an extension of the time, setting forth the reasons for the requested extension. If, in [the] opinion of the Development Services Director, such an extension is warranted, he may grant additional time for the completion of the work.
(d) Storm drainage precautions. All persons performing any grading operations shall put into effect all safety precautions which are necessary in the opinion of the Development Services Director and provide adequate erosion control as per the NPDES program, anti-erosion and/or drainage devices, debris basins, or other safety devices to protect the life, limb, health, and welfare and private and public property of others from damage of any kind.
(e) Conditions of approval. In granting any permit under this ordinance, the Development Services Director may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:
(1) Compliance with dust control requirements of Maricopa County Health Department.
(2) Requirements for fencing of excavations or fills which would otherwise be hazardous.
(3) Improvement of any existing site condition to bring it up to the standards of this chapter.
(4) Salvage of protected native plant species prior to commencing grading operations.
(5) Temporarily [Temporary] fencing of protected hillside and desert preservation areas prior to commencing grading operations.
(f) Liability. Neither the issuance of a permit under the provisions of this ordinance nor the compliance with the provisions hereof, or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the City for damage to other persons or property.
(g) Revocation. Should the Development Services Director find the work under any permit issued under these provisions is not proceeding in accordance with the drawings, specifications, and details of the application upon which such permit was issued, and/or is proceeding in violation of this or any other ordinance of the City, or should he find that there has been any false statement or misrepresentation as to a material fact in the application, payment for said permit or plans on which the permit was based, the Development Services Director shall notify the person obtaining the permit and the owner that such work fails to conform to said permit, or that the permit was obtained by false representations and that such failure in obtaining the permit be corrected without delay. If the owner or person obtaining the permit fails or refuses to make such correction within the time specified in said notice, the Development Services Director shall revoke such permit and serve notice of such revocation upon such person to whom the permit was issued. Such notice shall be in writing and signed by the Development Services Director or his designee. It shall be unlawful for any person to proceed with any part of such work after such notice is served.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-3313, § 1; Ord. No. G-3887, § 1; Ord. No. G-3994, § 1, passed 3-19-1997, eff. 4-18-1997)
Sec. 32A-11. Denial of permit.
(a) Geological or flood hazard. If, in the opinion of the Development Services Director, the land area for which grading is proposed is subject to geological or flood hazard to the extent that the proposed corrective work will not eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied.
(b) Unlawful grading. The Development Services Director shall not issue a permit in any case where he finds that the work as proposed by the applicant will endanger any private property or result in the deposition of debris on any public way or seriously interfere with any existing drainage course. However, if it can be shown to the satisfaction of the Development Services Director that the hazard would be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices, or by other means, the Development Services Director may issue the permit after the applicant has complied with section 32A-9(c) and (d).
(c) Noncompliance with the NPDES program. If, in the opinion of the Development Services Director, the activities covered by the permit would cause a violation of any aspect of the NPDES program, a permit may be denied or may be granted subject to any requirements necessary to prevent or remedy the violation as expeditiously as practicable.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-3313, § 1; Ord. No. G-3887, § 1)
Sec. 32A-12. Grading permit fees and plan review fees.
(a) Before issuance of a grading permit the Development Services Director shall collect the fees set forth in appendix A.2 of the City Code. Such fees shall be paid in lawful money of the United States or by collectible draft or check. Should such draft or check be uncollectible within a reasonable time, the permit shall be null and void. The application for permit shall state the quantity of excavation and fill involved. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater.
(b) The Development Services Director shall collect the fees set forth in appendix A.2 of the City Code before providing grading and drainage plan review services.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-2216, § 1; Ord. No. G-2225, § 2; Ord. No. G-2511, § 1; Ord. No. G-2628, § 1; Ord. No. G-2786, §§ 2, 3; Ord. No. G-3010, § 1; Ord. No. G-3127, § 2; Ord. No. G-3313, § 1; Ord. No. G-3346, § 5)
Sec. 32A-13. Necessity for completion of grading before occupation of building.
(a) Necessity for completion of improvements before occupation of building.
(1) The Building Official shall deny final approval of any building permit or any clearance for occupation of any building, until all the required grading, retention and improvements including corrective work necessary to remove and eliminate any hazard, all as determined by the Development Services Director, are completed and have been inspected and approved. The Development Services Director at his option may accept cash or a surety bond to guarantee the corrective work if occupancy is sought before the work is done if posted with the Development Services Department in the form as provided by subsection (b) or (c) herein.
(2) The cash or surety bond may be retained or called upon by the Development Services Department at any time as funds to be utilized for performing any work required to complete the required grading and improvements, if the Development Services Department finds that the required grading and improvements are not being completed to its satisfaction.
(b) Conditions. Every bond shall include the conditions that the permittee shall:
(1) Comply with all of the provision of this chapter, applicable laws, and ordinances.
(2) Comply with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the Development Services Director.
(3) Complete all of the work contemplated under the permit within the time limit specified in the permit or in section 32A-10(c). The Development Services Director may, for sufficient cause, extend the time specified in the permit but no such extension shall release the surety upon the bond.
(4) The bond (cash or surety) shall include penalty provisions on a form approved by the City Attorney for failure to complete the work on schedule.
(c) Failure to complete work. The term of each bond shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the Development Services Director. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the Development Services Director may have the work required by the permit to be completed to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound to have all work completed and provide for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. In the case of a cash deposit, said deposit or any unused portion thereof shall be refunded to the permittee.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-2406, § 1; Ord. No. G-2786, §§ 4, 5; Ord. No. G-3313, § 1; Ord. No. G-3994, § 1, passed 3-19-1997, eff. 4-18-1997)
Sec. 32A-14. Design standards for cuts.
(a) Maximum slope. Cuts shall not be steeper in slope than one and one-half horizontal to one vertical unless a retaining wall or other approved support is provided or unless the owner furnishes a soils engineering report proving to the satisfaction of the Development Services Director that the proposed deviation will be stable, will not endanger any property or result in the deposition of debris on any public way or interfere with any existing drainage course.
The Development Services Director may require the excavation to be made with a cut face flatter in slope than one and one-half horizontal to one vertical if he considers it necessary for stability and safety.
(b) Drainage terraces. Cut slopes exceeding forty feet in vertical height shall be terraced. Drainage terraces are to be a minimum of six feet wide, paved, and must carry water to a safe disposal area. Terraces shall be cut at intervals not exceeding thirty feet vertically. Where only one terrace is required, it shall be at mid-height.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-3313, § 1)
Sec. 32A-15. Design standards for fills.
(a) Finishing. All material placed as fill shall be bladed and graded to a uniform surface and shall not be left on the site as irregular dumping.
(b) Compaction. All fills shall be compacted to not less than the minimum densities as listed below and as determined in accordance with ASTM D698-70. Field density shall be determined by ASTM D1556-64.
Location Minimum Density* Under structures 90% Parking lots, driveways, roads 85% Yards, open space 75% *Unless a modification is indicated based on a soils report.
Fills which will support the foundations of structures shall be constructed under the supervision of an engineer licensed by the State of Arizona.
Exceptions:
1. Fills in non-hillside areas that are made for yard purposes and which do not exceed eighteen inches in depth need not be compacted.
2. Sanitary landfills and refuse disposal areas which are regulated by the Maricopa County Health Department.
When foundations of structures are not to be supported by the fill, the Development Services Director may allow deviations from the above requirements if he finds that their strict enforcement is unduly restrictive for the intended purpose.
(c) Preparation of ground. The area over which fills are to be made shall be cleared of all trash, trees, stumps, timber, debris, or other material not suitable as a foundation for a fill. Where slopes are five horizontal to one vertical or steeper, scarifying or benching into sound bedrock or other competent material shall be required. Five feet of the lowermost bench shall be exposed beyond the toe of the fill. The bench shall be sloped for sheet overflow or a paved drain shall be provided.
(d) Fill slope. No fill shall be made which creates an exposed surface steeper in slope than one and one-half horizontal to one vertical.
The Development Services Director may require that the fill be constructed with an exposed surface flatter than one and one-half horizontal to one vertical if this is necessary for stability and safety. Slopes of fills which are not compacted in accordance with section 32A-15(b) may not exceed two horizontal to one vertical.
(e) Fill material. The material to be used for fill shall be approved by the engineer prior to use when the fill is to support the foundations of structures. No organic material shall be permitted in fills. When the fill material includes large rocky or hard lumps, such as hardpan or cemented gravel which cannot be broken readily, such material shall be well distributed throughout the fill. Sufficient earth or other fine material shall be placed around the larger material as it is deposited so as to fill the interstices and produce a dense, compact fill. However, such material shall not be placed within two feet of the finished grade of the fill.
(f) Drainage terraces. All fill slopes in excess of thirty feet vertical height shall have paved drainage terraces at vertical intervals not exceeding twenty-five feet. Where only one terrace is required, it shall be at mid-height. Such terraces shall drain into a paved gutter, pipe, or other watercourse adequate to convey the water in a safe disposal area. The terrace shall be at least six feet wide.
(g) Slopes to receive fill. Fills toeing out on natural slopes which are steeper than two horizontal to one vertical will not be permitted.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-3313, § 1; Ord. No. G-3994, § 1, passed 3-19-1997, eff. 4-18-1997)
Sec. 32A-16. Design standards for setbacks.
Cuts and fills shall be set back from property lines and buildings shall be set back from cut or fill slopes in accordance with figure no. 1. Retaining walls may be used to reduce the required setback when approved by the Development Services Director.
Fill placed on or above the top of an existing or proposed cut or natural slope steeper than three horizontal to one vertical shall be set back from the edge of the slope a minimum distance of six feet.
Building foundations shall be set back from the top of slope a minimum distance of six feet for all cut slopes steeper than two horizontal to one vertical. No buildings shall be constructed on cut or fill slopes steeper than three horizontal to one vertical.
The setbacks given in this section are minimum and may be increased by the Development Services Director, if considered necessary for safety or stability or to prevent possible damage from water, soil, or debris, or when development standards contained in section 703 of the Phoenix Zoning Ordinance require an increase in setbacks.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-3313, § 1; Ord. No. G-3887, § 1)
Sec. 32A-17. Design standards for drainage.
(a) Existing drainage facilities. No person shall alter any natural drainage course or existing drainage facility in such a way as to damage or endanger by flooding, erosion, or any other means, any public or private property or improvements.
(b) Disposal. All drainage facilities shall be designed to carry surface waters to the nearest practical street storm drain or natural watercourse approved by the Development Services Director and any other governmental agency having jurisdiction as a safe place to deposit such waters.
(c) Erosion prevention. Adequate provision shall be made to prevent surface waters from damaging the face of an excavation or fill. All slopes shall be protected from surface water runoff from above by berms or swales.
(d) Terrace drains. All swales or ditches on drainage terraces shall be graded to provide suitable drainage and designed to prevent erosion and provide durability.
FIGURE 1. REQUIRED SETBACKS*
ADD FIGURE from page 683.18 of Code
*This setback is not the setback referred to in the Zoning Ordinance. Greater setback distances may be required by the Zoning Ordinance.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-3313, § 1)
Sec. 32A-18. Grading, inspections and supervision.
(a) Supervised grading required. All fills used or intended to be used for the support of foundations of structures and, when required by the Development Services Director, all grading affecting stability of adjacent property, shall be performed under the supervision of an engineer registered in the State of Arizona and shall be designated "supervised grading." Grading not supervised in accordance with this section shall be designated "regular grading."
(b) Regular grading requirements. The Development Services Director may inspect the work, and may require adequate inspection and compaction control by a soils testing agency.
(c) Supervised grading requirements. For supervised grading, it shall be the responsibility of the supervising engineer to supervise and coordinate all site inspection and testing during grading operations. Soils reports shall also be required as specified in section 32A-9. All necessary reports, compaction data, and soils engineering and engineering geological recommendations shall be submitted to the Development Services Director by the supervising engineer.
Soil reports certifying the compaction or acceptability of all fills shall be required except as exempted by section 32A-15(b). These shall include, but not be limited to, inspection of areas cleared, compacted, and otherwise prepared to receive fill; the placement and compaction of fill material; and the inspection or review of the construction of retaining walls, subdrains, drainage devices, buttress fills, and similar measures.
(d) Notification of noncompliance. If, in the course of fulfilling his responsibility under this chapter, the supervising engineer finds that the work is not being done in conformance with this chapter or the plans approved by the Development Services Director, he shall immediately notify the person in charge of the grading work and Development Services Department in writing of the nonconformity and of the corrective measures to be taken.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-3313, § 1)
Sec. 32A-19. Safety precautions.
If at any stage of the work the Development Services Director determines by inspection that further grading as authorized will endanger any property or result in the deposition of debris on any public way or interfere with any existing drainage course, the Development Services Director shall require, as a condition to allowing the work to be completed, that such reasonable safety precautions be taken as he considers advisable to avoid such likelihood of damage.
Notice to comply shall be submitted to the permittee and the owner in writing. After a notice to comply is written, a period of ten days shall be allowed for the contractor to begin to make the corrections unless an imminent hazard exists, in which case the corrective work shall begin immediately.
If the Development Services Director finds any existing conditions not as stated in the granting permit or approved plans, he may refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-3313, § 1)
Sec. 32A-20. Responsibility of permittee.
(a) Compliance with plans and requirements. All permits issued hereunder shall be presumed to include the provision that the applicant, his agent, contractors, or employees, shall carry out the proposed work in accordance with all the requirements of this chapter.
(b) Protection of utilities. During the grading operations, the permittee shall be responsible for the prevention of damage to any street or drainage facilities or to any public utilities or services. This responsibility applies within the limits of grading and along any routes of travel of equipment.
(c) Protection of adjacent property. The permittee is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property prior to supporting and protecting such property from settling, cracking, or other damage which might result.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1)
Sec. 32A-21. Modification of approved plan.
No modification of the approved grading plans may be made without the approval of the Development Services Director. All necessary soils and geological reports shall be submitted with the plans.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-3313, § 1)
Sec. 32A-22. Completion of work.
(a) Final reports. Upon completion of the work, the Development Services Director may require the following reports:
(1) Certification by the supervising engineer that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved plans and this chapter.
(2) A soils engineering report including certifications of soil bearing capacity of compacted fills, summaries of field and laboratory tests and locations of tests.
(3) An engineering geology report based on the final construction. It shall include specific approval of the grading as affected by geological factors. Where necessary, a revised geologic map and cross sections, and any recommendations regarding building restrictions or foundation setbacks, shall be included.
(b) Notification of completion. The permittee or his agent shall notify the Development Services Director when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage structures and their protective devices, have been completed and required reports have been submitted.
(Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-3313, § 1)
Sec. 32A-23. Official Subdivision Grading and Drainage Manual.
The Development Services Director shall develop, revise and publish a "Subdivision Grading and Drainage Manual" on procedures and practices necessary to establish compliance with this chapter. The "Subdivision Grading and Drainage Manual" shall govern all drainage requirements for development, public and private, within the City of Phoenix. The "Subdivision Grading and Drainage Manual" shall be placed on file in the office of the City Clerk.
(Ord. No. G-2786, § 6; Ord. No. G-3313, § 1; Ord. No. G-3887, § 1)
Sec. 32A-24. Design standards for on-site retention of stormwater.
On-site retention of stormwater shall be required for all developments equal to or exceeding one-half acre in size. The NPDES program may require on-site retention for parcels less than one-half acre. The retention may be waived if the site is served by a channel or natural drainageway having an adequate outlet capacity from the development of a major drainage outfall such as, but not limited to, a natural watercourse approved by the Development Services Director as a safe place to deposit such waters.
On-site stormwater retention areas shall be adequate to contain the volume of water required by the latest edition of the Subdivision Grading and Drainage Manual. The tributary area used in the computation shall be the area of the site. The method of water volume computation shall be in the accordance with the standards available to the public and on file with the Development Services Director.
Exception: The requirement for on-site retention may be waived by the Development Services Director if he determines that said retention is impractical because of, but not limited to, steep terrain, poor percolation, or incompatibility with existing or surrounding improvements. The Development Services Director may require additional drainage studies or reports in such cases to determine if a critical drainage problem will be created on adjacent or downstream properties. All developments shall not increase the one-hundred-year two-hour peak runoff, change the time of the peak, nor increase the total runoff from its pre-development values.
(Ord. No. G-1641, § 2; Ord. No. G-2786, § 7; Ord. No. G-3313, § 1; Ord. No. G-3887, § 1; Ord. No. G-3994, § 1, passed 3-19-1997, eff. 4-18-1997)
Sec. 32A-25. Design standards for on-lot detention of storm drainage.
On-lot detention shall be granted based on the criteria established in the Subdivision Grading and Drainage Manual on file with the City Clerk and the Development Services Department.
(Ord. No. G-3887, § 1; Ord. No. G-3994, § 1, passed 3-19-1997, eff. 4-18-1997)
Sec. 32A-26. Hillside lots/mountain preserves.
(a) Lots in the hillside development area as regulated by section 32-32 of the City Code shall have an individual grading and drainage plan per each lot. The grading and drainage plan shall be approved and permit issued before a house permit can be obtained.
(b) All lots (or plats) adjacent to the mountain preserve shall show the boundary of the Phoenix Mountain Preserve as determined by the survey prepared for the Parks and Recreation Department; conflicts between the private deed description and the City's survey shall be resolved prior to obtaining approval of the grading and drainage plan and/or building safety building permit.
(Ord. No. G-3887, § 1; Ord. No. G-4419, § 5, passed 4-3-2002, eff. 5-3-2002)
Sec. 32A-27. Violations and penalties.
A. The remedies herein are cumulative and the City may proceed under one or more remedies.
B. Any owner or responsible party who causes, permits, facilitates, or aids or abets any violation of any provision of this title [chapter] or who fails to perform any act or duty required by this title [chapter] is subject to a civil sanction of not less than five hundred dollars nor more than two thousand five hundred dollars. The five hundred dollar minimum sanction may not be waived.
C. Any owner or responsible party who causes, permits, facilitates, or aids or abets any violation of any provision of this title [chapter] or who fails to perform any act or duty required by this title [chapter] is guilty of a Class 1 misdemeanor.
D. Each day any violation of any provision of this title [chapter] or the failure to perform any act or duty required by this title [chapter] exists shall constitute a separate violation or offense.
(Ord. No. G-4036, § 1, passed 7-2-1997, eff. 8-1-1997)
State law references: Penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28).
Sec. 32A-28. Jurisdiction of court.
A. Jurisdiction of all proceedings to enforce the provisions of this title [chapter] shall be in the Municipal Court of the City of Phoenix.
B. Civil actions to enforce this title [chapter] may be adjudicated by a judge or a court hearing officer.
(Ord. No. G-4036, § 2, passed 7-2-1997, eff. 8-1-1997)
Sec. 32A-29. Commencement of civil action.
Any civil action to enforce the provisions of this title [chapter] shall be commenced, and summons shall be issued in accordance with the procedures set forth in Arizona Revised Statutes, City ordinance or as provided in the Local Rules of Practice and Procedure– City Court– City of Phoenix.