rlI.. 

### ..n ,~lC.r' 

# . :'I 

# TOWN OF CAREFREE ?[!I T~?!~, 

## 00

## br , vl. 

### '3f0,~ 100EASY STREET 3's , 

## ',S d?;//:

# ,J P.O. BOX 740 CAREFREE,ARIZONA 85377 (480) 488-3686 FAX (480) 488-3845

Ms. Diane Arnst Planning SectionManager ADEQ Air Quality Division 1 110 West Washington Street Phoenix, Arizona 85007 April 29, 2008

Re: Request for Adopted Municipal Ordinances Clean Air Plan Dear Ms. Arnst: As per your April 16,2008 letter, please find enclosed the following: Section 1, amending A.R.S. fj 9-500.04.5

= Ban leafblower debrisin public roadways. OrdinanceNo. 2008-02 was adopted in February of2008. Ordinance No. 2008-02 bans the blowing of landscape debris into public roadways. (AttachmentA) Section 1, amending A.R.S. fj 9-500.04.6 Adopt codesrequiring dustproof paving or stabilization at parking, maneuvering, ingress and egress areas at developments other than residential buildings with 4 or fewerunits. Town ofCarefree Zoning Ordinance was adopted in 1984and last amended in Septemberof 2007. Section 7.06 (3) requires all parking areas in commercial and multi-family developmentsto be paved. (Attachment B) Section 1, amending A.R.S. 

### $ 9-500.04.7 Adopt codesrequiring paving or stabilizationofparking, maneuvering, ingress and egress areas 3,000 square feet or larger at residential buildings with 4 or fewer units. The Town of Carefree Zoning Ordinance was adopted 

### in 1984and last amended in September of 2007. Section9.11 (1) requires all drivewaysto be paved. (Attachment C)

### Adopt codes restricting vehicle parking and use on unpaved or unstabilized lots. The Town of CarefreeZoning Ordinance was adopted in 1984and last amended in September of 2007. The Town ofCarefree has no graded lots that areunpaved or unstabilized. Section 3.1 1 (5)requires a Zoning Clearance for construction of a principal use, and Section 9.10(1) prohibits grading prior to the issuance of aZoning Clearance. As definedby Section2.02 (42), grading includesthe disturbance ofnatural terrain and vegetation which would includevehicle parking. (Attachment

### D) Section 2, amendingA.R. S.

## 5 9-500.27 Adopt an ordinance banning operation of any vehicle including off-highway vehicles, all-terrain vehicles, and off-road recreational motor vehicles-from operationon unpaved public or private roads closed by the landowner by rule or regulation orby proper posting, exceptingvehicles used in the normal course ofbusiness or government operations [This requirement does not preempt pre-existing similar ordinances adopted for dust abatement purposes before 313 1/08]. Section 6-2-5 ofthe Town of Carefree Code ofOrdinances was adoptedin 1986and last amended in February of2007. Section 6-2-5 bans the operation of any vehicle on public or private property without written permission fromthe property owner. (Attachment

### E) Ifyou have any questions or need additional information, please contact me at 480-488-3686. Sincerely, 

# q+y@- Jonathan

### H. Pearson Town Administrator CC: Mayor and Town Council

JP:

### jdAttachment A 

# Id i 

### AIR 12;;ni -.-i.+ TOWN OF CAREFREE, ARIZONA ORDINANCE NO. 2008-02 

## O8 #A AN ORDINANCE OF THE TOWN OF CAREFREE, MARICOPA COLINTY, ARIZONA, ADOPTING AMENDMENTS TO CHAPTER 6, TO PROVIDE FOR A NEW ARTICLE 6-6, OF THE TOWN OF CAREFREE CODE AMENDED THROUGH JANUARY 8,2008; PROVIDING FOR REPEAL OF CERTAIN PROVISIONS OF THE TOWN CODE; PROVIDING FOR SEPARABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF CAREFREE, MARICOPA COUNTY, ARIZONA, AS FOLLOWS: Section 1. The Mayor and Common Council deem it necessary, in order to conserve, promote, and protect the public health, safety and welfare, to amend that certain document known as the Code of the Town of Carefree, Arizona. Section 2. The amended Code of the Town of Carefree, Arizona shall be known as the "Code of the Town of Carefree, Arizona, amended through February 5, 2008," and is hereby declared to be a public record. Three (3) copies of said amended Code are hereby placed and ordered to remain on file inthe office of the Town Clerk. Section 3. All ordinances or portions of ordinances in conflict with the provisions of this Ordinance, or inconsistent with the regulations of this Ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect. Section4. The amendments are made to Chapter 6, Article 6-6 of The Town of Carefree Code Amended Through January 8, 2008, as follows (added language is shown in bold, deleted language is shown 

### 6wmxhA): Chapter 6 OFFENSES Article 6-6 Landscaping Debris Section 6-6-1 Offenses No person shall blow any landscapingdebris into public roadways at any time. Section6-6-2 Violations and Penalties Any person who violates, disobeys or refuses to comply with, or who resists the enforcement of any provision of this Article shall upon admission or judicial determination thereof be responsiblefor a civil offense and shall be subject to imposition of a civil sanction of upto$750.00. Section5. This Ordinance and stated amendments shall become effective and in full force and effect thirty (30) days from and after the date of its adoption. Section 6. The Town Clerk of the Town of Carefree shall incorporate the Amendment set forth herein into the Town Code of the Town of Carefree, Arizona.

Ord. 2008-02 Landscape Debris
---,-*--. - - TC Mtg. 2/6/08PASSED AND ADOPTED by the Iblayor and Common Council of the Town of Carefree, Maricopa County, Arizona, this 6th day of February, 2008.

TOWN OF CAREFREE

# cWayne Fulcher,
ATTEST:

, , Elizabeth L. Wise, T6wn Clerk 1Treasurer

Thomas K. Chenal, Town Attorney

Ord. 2008-02 Landscape Debris TC Mtg. 216108

# TOWN 

# OF CAREFREE 100 EASY STREET P.O. BOX 740 CAREFREE,ARIZONA 85377 (480) 488-3686 FAX (480)488-3845

STATE OF ARIZONA 

## 1 ) 

### COUNTY OFMARICOPA )


### I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk ofthe Town of Carefree, County of Maricopa, State of Arizona, do hereby certify and attest the attached to be 

### a true and correct copy of Ordinance 

### 2006-02all as appearsofrecord in 

### the office of the Town Clerk. 

### IN WITNESS WHEREOF, 1

### hereunto set

### my hand and caused the 

### official seal of the Town of Carefree affixedhereunto 

### this 29th day ofApril ,2008.

Elizabeth Wise, Town Clerk

cerification ofcopy ofrecord 115-01-02Attachment B

### Section 7.06 Design Standards for Required Parking (1) For perpendicular parking, each space shall be at least nine (9) feet wide and twenty (20) feet deep with a minimum aisle width of twenty-two (22) feet. (2) For other than perpendicular parking,the design shall be approved by the Zoning Administrator. (3) Except for single family dwellings, all parking areas shall be paved with one of thefollowing methods:

(A) Asphaltic concrete. (B) Cement concrete. (C) Stabilized decomposed granite. (D) Paving blocks. (E) Other paved surface as approved by the Development Review Board. (4) Driveways shall be designed so that access to a street is byforward motion (5) For Commercial, Garden Office, and Multi-Family uses, except when a wall is required, a minimum six (6) inch high curb or bumper guard shall be utilized or employed so that no part of the vehicle shall extend over or beyond any property line. (6) For Commercial, Garden Office, and Multi-Family uses, required parking spaces shall be striped and the striping shall be maintained in good condition. (7) 

### All Commercial, Garden Office, or Multi-Family uses shall screen off-street parking from view of any adjacent single family residential use by using landscaping and three (3) foot high earth berming andlor a three (3) foot high screen wall that blends intothe building architecture as approved by the Development Review Board (8) All Commercial, Garden Office, or Multi-Family uses shall contain a minimum eight (8) foot wide landscape area between off-street parking areas and abutting rights-of-ways. A minimum fifteen (15) foot wide landscape area shall be provided between off-street parking and abutting residential uses.

ARTICLE VII: Parking

# TOWN OF CAREFREE 100 EASY STREET P.O. BOX 740 CAREFREE, ARIZONA 85377 (480) 488-3686 FAX (480)488-3845

STATE OF ARIZONA ) ) 

### COUNTY OFMARJCOPA )


### I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk ofthe Town of Carefree, County ofMaricopa, State ofArizona, do hereby certify and attest the attached to be a true and correct copy of Town Of Carefree Zoning Ordinance 

### loth Publication Section 7.06 Design Standardsfor Required Parking (1) through 

### (8) all as appears of record in the office ofthe Town Clerk. IN 

### WITNESS WHEREOF, I hereunto set myhand and caused the official seal of the Town of Carefree affixed hereunto this 29th day ofApril, 2008.

1 

## - Elizabeth Wise, Town Clerk
(SEAL)

cerification of copy of record 115-01-02Attachment C 

# Town of 

# Carefree Zoning Ordinance (The 2004 Amended Zoning Ordinance)

10th

### Publication
Amended Ordinance #2005- 03 Adopted: June 7,2005 

## - Effective: July 7,2005 Amended Ordinance #2005-05 Adopted: July 5,2005 

## - Effective: August 7,2005 Amended Ordinance #2006-05 Adopted: June 6,2006 

## - Effective: July 6,2006 Amended Ordinance #2007-05 Adopted: August 7,2007 

## - Effective: September 6, 2007



# .NAWRALGRA



# YES Figure 9.5: 

### Example of

### appropriate cut and fill 

### ratio. (D) All cut and fill shall be constructed in a way to ensurethey are nonerosive. (8) 

### All retentionldetention basins shall consist of vertically and horizontally undulating banks with side slopes having less than a 4 to 1 ratio. (9) Floodplain(s) containing a 24 hour, 100-year storm event discharge of 50 cubic feet per second or greater shall be delineated on all development plans and shall illustrate appropriate erosion setbacks. 

### Section 

### 9.1 

### I Driveways (1) The paved width of the driveway at the street shall be sixteen (16) feet then diminish to twelve (12) feet unless otherwise approved by the Zoning Administrator. (2) Driveways with a ten (10%) percent slope or greater shall have a paved width of fourteen (14) feet. Driveways with a fifteen (15) percent slope or greater shall have a minimum paved width as required by the Development Review Board andlor the Town's fire service provider. The maximum slope of any driveway shall not exceed fifteen (15) percent unless otherwise approved by the Development Review Board and the Town's fire service provider. (3) 

### The width of the disturbed area for the development of a driveway shall not exceed twenty (20) feet unless otherwise approved by the Zoning Administrator. (4) A maximum one-third of the cross section width of a driveway at any point may be on fill material, and a minimum of two-thirds of the cross section width shall be on cut material or natural grade, unless otherwise approved by the Zoning Administrator. Spill slopes are prohibited.

Article IX: General Provisions 

### 84

# TOWN OF CAREFREE 100EASY STREET P.O. BOX 740 CAREFREE, ARIZONA 85377 (480) 488-3686 FAX (480) 488-3845

STATE OF ARIZONA ) ) 

### COUNTY OF MARICOPA )


### I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk ofthe Town of Carefree, County ofMaricopa, State of Arizona, do hereby certify and attest the attached to be a true and correct copy of Town Of Carefree Zoning Ordinance 

### loth Publication Article IX General Provisions 9.10 

### (7) @) 

### through Section 9.11 Driveways (1) through (4) 

### all as appears ofrecord in the office ofthe Town Clerk. 

### IN WITIVESS WHEREOF, Ihereunto set my hand and caused the official seal of the Town of Carefree affixed hereunto this 29th day ofApril, 2008.

Elizabeth Wise, Town Clerk

cer~ficat~on of copy of record 11 5-01 -02

"-- 

### .

### ------ -Attachment D 

# Town of Carefree Zoning 

# Ordinance (The 2004 Amended Zoning Ordinance)

10th Publication
Amended Ordinance #2005- 03 Adopted: June 7,2005 

## - Effective: July 7,2005 Amended Ordinance #2005-05 Adopted: July 5,2005 

### - Effective: August 7, 2005 Amended Ordinance #2006-05 Adopted: June 6,2006 

### - Effective: July 6,2006 Amended Ordinance #2007-05 Adopted: August 7,2007 

## - Effective: September 6, 2007

### Section 3.1

### 1 Zoning Clearance and Building Permit (5) A zoning clearance and building permitfor a principal use are required prior to starting any construction including any change to existing buildings, roads, driveways, or native plants and including grading or grubbing. (6) A zoning clearance may not be required for the repair or replacement of a roof or exterior finish depending upon the extent of the work involved. However, approval by the Zoning Administrator is required.

Article Ill: Administration



## --

.(5) Pool enclosures shall meet the following requirements: (A) No pool enclosure (fence or solid masonry wall) shall be located more than fifty (50) percent (halfway) into any side or rear required yard (building setback). Pool enclosures are prohibited in any required front yard (building setback). (B) Pool areas shall be secured from outside access by a masonry wall, ornamental iron fence, or combination thereof not less than five (5) feet in height above finished grade measured on the side of ,thefence opposite the pool. (C) Access to the pool area, other than through the house, shall be through a self-closing, self-latching gate not less than five (5) feet in height as measured on the side of the fence opposite the pool. (D) Gate mounting and latching hardware shall be positioned on the pool side of the gate. 

### (E) Accessory eql-~ipment such as pumps, heaters, and filters shall be enclosed by a solid wall at least four and one-half (4.5) feet in height to screen sound and sight from neighboring lots. (6) Private tennis court fences and walls are allowed only in the Rural-190, Rural-70, R-3 and Lodging zoning districts and shall meet the following requirements: (A) Private tennis court fences are not permitted in any required yard (building setback). (B) Private tennis court fences shall not exceed ten (10) feet in height. (C) Above the height of six (6) feet, the fencing shall consist of an open weave and not a complete barrier that inhibits flow of air and visibility. (D) Private tennis court fences shall consist of a color which blends with the natural surrounding area. (7) Public utility fences or walls are exempt from the height lin-litations and standards of this Ordinance if necessary to comply with national, state, or local safety and security standards. 

### Section 

### 9.10 Grading and Drainage (1) There shall be no grading on or to any site other than percolation and test borings (100 square feet maximum in size) prior to the issuance of a Zoning Clearance and a Building Permit.

Article IX: General Provisions(32) DWELLING UNIT: A building or portion thereof containing cooking accommodations and designed or used exclusively for residential occupancy by a single housekeeping unit. (33) FACTORY-BUILT BUILDING: A residential or nonresidential building including a dwelling unit or habitable room thereof which is either wholly or in substantial manufactured at an off-site locationto be assembled on-site, except for a manufactured home or recreation vehicle as defined by this Ordinance. A factory-built building shall be erected on a permanent foundation in accordance with the Uniform Building Code (UBC) as adopted by the Town. (34) FLOOD PLAIN: The portion of a watercourse, outside of the stream channel but adjacent to it, which is described bythe perimeter of the probable limiting flood. It is the land which is not covered by the stream at low or average flow but which has been flooded in the past or is likely to beflooded. (35) FLOOD, REGLILATORY: The 100-year flood with a peak discharge of 50 cubic feet per second (cfs) 

### , or greater, and which has a one percent (1%) chance of being equaled or exceeded in any given year. (36) FLOODING, SHEET: A condition which occurs within those areas which are subject to flooding of about one (1) foot in depth, more or less, during the regulatory flood, and where a clearly-defined channel does not exist, so that the path of the flooding is often unpredictable and indeterminate. (37) FLOW, SHEET: The shallow, diffuse runoff produced from rainfall on a large flat surface. It is characterized by approximately equal depth of runoff across a broad width of flow. (38) FLOODWAY: The area along a watercourse which will allow passage of the regulatory flood without increasing flood elevations by morethan one (1) foot after a hypothetical encroachment has been made into the floodway fringe. (39) FLOODWAY FRINGE: The portion of the regulatory flood plain that lies outside the floodway. (40) GARAGE, PRIVATE: A covered and completely enclosed building designed for the parking of motor vehicles. A private garage is accessory to the principal structure. (41) GARAGE, PUBLIC: A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor vehicles. (42) GRADING: Any lalid excavation, land clearing, land filling, or disturbance of natural terrain and vegetation, or combination thereof.

Article II: Rules And Definitions 9

# TOWN OF 

# CAREFREE 100EASY STREET P.O. BOX 740 CAREFREE, ARIZONA 85377 (480) 488-3686 FAX (480) 488-3845
STATEOFARIZONA 

## 1 1 COUNTY OFMAEUCOPA )


### I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk ofthe Town of Carefree,County of Maricopa, State ofArizona, do hereby certify and attest the attached to be atrue and correct copy of Town Of Carefree Zoning Ordinance 

### loth Publication Article 

### 111 Section 3.11 Zoning Clearance and Building Permit (5) through (6) 

## , Article 

### IX General Provisions 9.10 (5) through Section 9.10 Grading andDrainage (1) and Article 

### I1 Rules and Definitions (32) through (42) 

### all as appears of record in the office of the Town Clerk. IN 

### WITNESS WHEREOF, I hereunto set my hand and caused the official seal of the Town of Carefree affixed hereunto tlus 29th day ofApril, 2008.

w- 7 " 

### Elizabeth Wise, Town Clerk
(SEAL)

ceiification ofcopy ofrecord 1 15-01-02Attachment E



# CAREFREE, ARIZONA CODE OF ORDINANCES

Contains 2008 S-2 Supplement, current through Ordinance 2008-01, passed 1-8-2008



### AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588

### OFFENSES

G. 

### In lieu of or in addition to pursuing criminal prosecution for any violation of any of the provisions ofthis Section 6-2-4, the town may issue a civil citation for any violation of any oftheprovisions of this Section 6-2-4 andmaybring civil proceedings in acourt ofcompetent jurisdiction to seek imposition of civil sanctions and to enforce compliance with this Section 6-2-4 including prevention, restraining and/or abatement ofthe violation(s). Use ofthe civil citation alternative is not mandatory and shall be at the discretion of the town official undertaking enforcement action. 

### H. Anyviolation ofany of the provisions ofthis Section6-2-4isdeclared tobe apublic nuisance and thetown may enjoin orrestrain said violation like any other nuisance under authority of any applicable town or State law.

Section 6-2-5 

### All Terrain Vehicles* A. 

### No person shall operate an all terrain vehicle in such amanner asto be injurious to health by reason of excessivedust or noise and soasto interfere with the comfortable enjoyment oflife and property by persons in the vicinity of such vehicle's operations. B. It shallbeunlawfbl for any person to operateor drive or leave any motor vehicle, motorcycle, mini-bike, trailbike, dunebuggy,motor scooter, jeep or other formoftransportation propelled by aninternalcombustionengine,uponthe private property ofanother or upon publicproperty which is not held open to the public for vehicle use, without the written permission of the ownerthereof ortheperson entitled to immediate possession thereof, or the authorized agent of either. Whenever anyperson isstopped by a police officer ofthe town for violation ofthis subsection, helshe shall, upon request of the police officer, display written permission.

Section 6-2-6 

### Violations and Penalties" 

### A. Any person or owner and/or operator of amotor vehicle, including amotorcycle, found tobe in violation of any section of this Article 6-2, shall be deemed responsible/guilty asfollows: 1. 

### A first offense shallbe deemed a civil infraction, punishable by afineofnot more than one hundred seventy-five dollars ($175.00). 2. A 

### second offense committed within twelve (12) months shall be deemed a civil infraction, punishable by a fine ofnot more than three hundred fifty dollars ($350.00).



### ALP 2/08 S-2 64
'Ordinances 86-02, 86-04 and 02-07 "Modified by Ordinances 01 -01 and 02-14

# TOWN OF CAREFREE 100

### EASY STREET P.O. BOX 740 CAREFREE,ARIZONA 85377 (480) 488-3686 FAX (480) 488-3845

STATE OF ARLZONA 

## 1 1 COUNTY OF MARICOPA ) 

### I, Elizabeth Wise, the duly appointed, qualified and acting Town Clerk of the Town of Carefree, County of Maricopa, Stateof Arizona, do hereby certify and attest the attachedto be a true and correct copy of Town Of Carefree Code Of Ordinances Offenses Section 6-2-4 G. through Section 6-2-6 Violations and Penalties A.2. 

### all as appears ofrecord in the officeofthe Town Clerk. IN 

### WITNESS WHEREOF, I hereunto set my hand and caused the official seal of the Town of Carefree affixed hereunto this 29th day of April, 2008.

Elizabeth Wise, Town Clerk

cerification of copy ofrecord 115-01-02

wp_l.___ --..,.,----.---....-.. "-.-. " . . --,-.- 

## ----"-~--~

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