The Fountain Hills town staff currently is working on two ordinance additions to the town’s Zoning and Subdivision ordinances that would effect how new development in the community is landscaped.

The ordinances, which would require low water vegetation and protection of saguaro cactus on private property, are expected to receive final consideration by the council in December or early next year.

The Town Council has asked for an ordinance that requires the installation of low water vegetation for both commercial and residential zoning. However, staff has been told not to have compliance be a significant burden on homeowners.

Council members told staff to proceed with proposed low water landscaping, as well as a saguaro cactus protection ordinances, but told staff to avoid burdensome requirements for homeowners such as requiring a landscape architect to prepare a plan for new landscaping.

Staff was told the town is only interested in knowing that the plants being used are on the low water list, and the extent of any irrigation.

The proposed ordinance uses a plant list developed for the Arizona Department of Water Resources as a low water compliance listing.

The council has questioned the need for an architect’s certification after staff reported a plan from a landscape architect could cost the homeowner between $200 and $1,500.

There also was concern about a provision that would require a $2,500 refundable deposit to allow the homeowner to get their certificate of occupancy before the landscaping is completed. The money would be returned and a permanent C of O issued when the landscaping was complete.

The staff report said the deposit would encourage residents to complete their landscaping as quickly as possible.

The ordinance proposes that all existing landscaping be allowed to remain as it is, whether it complies with the low water plant list or not.

If an existing non-conforming plant dies the homeowner would have one year to replace it if they want to use a similar non-conforming plant. After one year the plant would need to be replaced with a plant conforming to the low water plant list.

The proposal also includes a requirement for replacement of landscaping disturbed for a structural remodel. If 50 percent of the landscaped area of the property, or at least 500 square feet is disturbed, the re-landscaping must comply with the low-water regulations.

Also, at staff’s suggestion the council agreed that a provision needs to be made to allow vegetable or flower gardens. However, there was no provision for this included in the first draft of the proposal. It was suggested that gardens be limited based on square footage.

Saguaro protection

Another proposed ordinance that will come before the council in the near future is a saguaro cactus protection ordinance.

The council wants to take steps to protect saguaro cactus on private property from destruction during construction.

Staff has developed a proposed ordinance that would dictate how builders must handle saguaros on private property.

The proposed ordinance would require an inventory/plan detailing all saguaros on the property to be submitted with the building permit request.

If there are no saguaros more than three feet tall a signed statement attesting to that is required, but no inventory or plan.

The inventory/plan would indicate the number and location of each saguaro on the property along with a general description of each (height, arms, etc.). Saguaros are to be preserved in place, relocated on the property, relocated off the property or destroyed. The plan would indicate the disposition of each cactus.

A request to destroy saguaros must be accompanied by a statement of support from an arborist or other qualified professional.

The plan would show the location of a temporary cactus nursery as well as where the saguaros are to be relocated.

A permit would be required to relocate or destroy any saguaros.

The saguaro inventory/plan would be reviewed and approved by a planner or landscape architect. There would be an inspection to assure compliance with the plan prior to a certificate of occupancy being issued for the property.

Anyone wanting to remove or transplant a saguaro on private property separate from the building permit process would need a separate permit.

The town wants to encourage saguaro transplants to take place on the same property. If the owner wants the saguaro transplanted off the property there would be an additional $250 permit fee.

Saguaro removal or transplant would require professional services, and staff had no estimate on those costs.