A. 
The purpose of this chapter is to establish provisions to: (1) regulate the intensity of development; (2) preserve and protect the mountainside environment; (3) provide for the safety and welfare of the Town and its residents.
B. 
The intent of this chapter is to enhance the design quality so that the resulting development maintains the essential natural characteristics and context of the mountainside consistent with the goals and policies of the Town’s general plan by regulating the following:
1. 
Require building massing to adapt to the natural mountainside topography thereby reducing the scarring effects of roads, drives, building pads, and cut and fill slopes.
2. 
Encourage all improvements to be designed and constructed in a manner that minimizes the impact of development from viewpoints throughout the Town and adjacent slopes.
3. 
Prevent unnecessary grading or stripping of vegetation, preserve drainage patterns, protect the public from natural hazards of storm water runoff and erosion, and require re-vegetation in order to maintain the natural landscape environment.
4. 
Preserve visual unbuilt common area, unique natural features, and wildlife habitats, and retain the integrity and natural states of dominant peaks and ridges.
5. 
Provide development and construction practices and methods to ensure greater forest protection in mountainside development areas.
(Ord. 10-337 § 2 (Exh. A)(part); Ord. 15-392 § 1 (part))
A. 
All lots where the natural terrain causes the average lot slope to be fifteen (15%) percent or greater shall be considered mountainside property and shall be required to adhere to the mountainside regulations of the Zoning Ordinance in addition to the regulations of this chapter. However, a fifteen (15%) percent or greater slope created by a natural wash, on land that would otherwise not be classified as mountainside land, shall be exempt from the mountainside regulations.
B. 
No development shall occur which will alter the mountain top ridge lines.
C. 
A mountainside wash shall not be diverted, relocated, or moved from its present position to another location; however, a mountainside wash may be bridged by a structure so long as such structure does not impede the flow of the wash.
(Ord. 10-337 § 2 (Exh. A)(part); Ord. 15-392 § 1 (part))
A. 
The total amount of land disturbance for a mountainside subdivision shall be limited to the cumulative sum of the amount of disturbance permitted per each slope category as delineated in Table 1.
B. 
Grading within the street right-of-way or tracts of land for private roads is exempt from the disturbance calculations. Any roadway grading beyond the limits of the dedicated rights-of-way or private road tract shall be placed in slope easements and included within the calculations for land disturbance limitations.
C. 
Grading for utility lines, including water and sewer lines and lateral lines, electric, gas, telephone and cable services, shall be included within the calculations for land disturbance limitations unless the trenches are placed under a driveway, under paving or in other areas already counted as disturbed, or trenches and related disturbed areas are restored to appear as original ground, color treated and planted to blend with surrounding natural growth.
D. 
A legally pre-existing disturbed area may be excluded from disturbed area calculations when the developer has committed to comply with the restoration conditions outlined in Chapter 17.04.
E. 
Any street cut greater than eight (8) feet shall not have a length greater than one hundred (100) feet. The maximum height, measured vertically, of any cut used to establish a street shall not exceed thirty (30) feet.
F. 
The maximum depth of fill shall not exceed eight (8) feet. All exposed disturbed area fill shall be contained behind retaining walls or covered with a natural rock veneer and treated with an aging agent and landscaped with indigenous plant material. Raw spill slopes are prohibited.
Table 1 – Land/Lot Disturbance Limitation
Average Lot Slope
% Allowed Land Disturbance
Under 15%
100%
15%
45%
20%
40%
25%
35%
30%
30%
35%
25%
40%
20%
45%
18%
50%
16%
55%
15%
60%
14%
65%
13%
70%
12%
75% or greater
10%
(Ord. 10-337 § 2 (Exh. A)(part); Ord. 15-392 § 1 (part))
A. 
The maximum number of lots into which mountainside development area land may be subdivided shall be the sum of the number of lots allowed in each slope category of land as shown by the following Table 2 – Density/Slope Category.
B. 
Slope shall be calculated using a minimum of three (3) slope lines per acre. The slope lines shall be perpendicular to the slope and at equal distances across the lot.
C. 
Each of the resulting lots shall meet the minimum lot size requirements based upon the average lot slope shown on Table 2.
D. 
Building envelopes shall be conceptually indicated on preliminary plats and accurately shown on final plats.
E. 
The developer shall demonstrate by sketches, engineering drawings, charts or other means that roads, public or private, and driveway access and placement of residential structure will conform, for each lot, to current mountainside development regulations and without the need for a variance.
F. 
All subdivision development and minor land division applications shall comply with the mountainside development requirements in the Town of Pinetop-Lakeside Zoning Ordinance and this Subdivision Ordinance.
Table 2 – Density/Slope Category
Average Lot Slope
Minimum Lot Size (Sq Ft.)
Minimum Lot Size (Acres)
15%
12,500
.29
20%
15,000
.34
25%
17,500
.40
30%
20,000
.46
35%
21,780
.50
40%
32,670
.75
45%
43,560
1.0
50%
57,935
1.33
55%
73,745
1.67
60%
87,120
2.0
65%
108,900
2.5
70%
130,680
3.0
75% or greater
174,240
4.0
(Ord. 10-337 § 2 (Exh. A)(part); Ord. 15-392 § 1 (part))
A. 
In addition to the submittal requirements for the pre-application meeting, outlined in Section 16.16.020, the developer shall submit preliminary calculations on land disturbance and cut/fill methods.
B. 
In addition to the submittal requirements outlined in Section 16.16.030, the developer shall submit a preliminary slope analysis and land disturbance calculations. The slope analysis shall be overlaid onto a topographic map and delineate the individual slope bands throughout the proposed subdivision site and extend fifty (50) feet beyond the site boundaries. The area of each slope band shall then be denoted as total acres/slope category. The slope analysis plan shall show original drainage pattern (natural course) and proposed changes.
C. 
A forest health and fire protection fuel modification plan will be required per Section 17.96.080.
(Ord. 10-337 § 2 (Exh. A)(part); Ord. 15-392 § 1 (part))