Attachment A - Council draft 32A 3 29 2023.pdf

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ORDINANCE G-_____ 
AN ORDINANCE AMENDING PHOENIX CITY CODE, 
CHAPTER 32A, PERTAINING TO GRADING AND DRAINAGE. 
______________ 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as
follows: 
SECTION 1. Chapter 32A, Phoenix City Code, is amended to read: 
Sec. 32A-1. 
Purpose. 
A.
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. 
B.
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.  
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.  
Sec. 32A-3. Enforcement. 
A.
The official charged with the enforcement of this chapter is the Planning and
Development Director. 
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B.
It shall be unlawful to perform any work described in Section 32A-2 without
obtaining a permit from the Planning and Development 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.  
Sec. 32A-4. Minor variances. 
The Planning and Development 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 the requirements imposed by the 
NPDES/AZPDES Program, nor be authorized unless it is found that: 
A.
Special circumstances or conditions apply to this permit application; and
B.
The minor variance is necessary for the preservation and enjoyment of substantial
property rights; and 
C.
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.
The minor variance will be in harmony with the purposes sought to be attained by
this chapter’s provisions and amendments relating thereto. 
Sec. 32A-5. Appeals. 
Appeals from decisions of the Planning and Development Director in interpreting this 
chapter may be taken to the Development Advisory Board.  
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Sec. 32A-6. 
Permits required and exceptions. 
A.
Drainage. No person shall obtain a building permit, required by the Phoenix Building
Construction Code, 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 Planning and Development Director. All such work and activities 
authorized by the grading permit shall comply with this chapter and the City of Phoenix 
Stormwater Policies and Standards Manual. 
B.
Flood hazard area. No person shall obtain a building permit, required by the
Phoenix Building Construction Code, in an area of special flood hazard without first 
obtaining a grading permit from the Planning and Development Director and its approval 
of by the Street Transportation Director. All such work and activities authorized by the 
grading permit shall comply with this chapter and the City of Phoenix Stormwater 
Policies and Standards Manual. 
C.
Filling and excavating. No person shall do any grading, filling or excavating without
first having obtained a grading permit from the Planning and Development Director 
except for the following, only to the extent such grading, filling or excavating does not 
result in land disturbance over one acre: 
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 one vertical to five horizontal and which does not exceed 100 cubic yards on 
any one site and does not obstruct a drainage course. 
3.
An excavation of 10,000 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 
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where such grading is within 100 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 Planning and Development 
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 Planning and Development Director. 
8. Grading by a public utility company in private easements that does not obstruct 
a natural watercourse. 
9. New sanitary landfills and refuse disposal areas that are regulated by the 
Arizona Department of Environmental Quality and the Maricopa County Air Quality 
Department. 
D.
Notwithstanding subsections C.1 and 2 of this section, 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 control 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 Planning and Development Director. 
E.
Notwithstanding the provisions of subsection C of this section, the NPDES/AZPDES
program may require a CONSTRUCTION STORMWATER MANAGEMENT PLAN, 
stormwater pollution prevention plan, and impose additional requirements and 
prohibitions.  
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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 Planning and 
Development 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 and the City of Phoenix Stormwater Policies and 
Standards Manual.  
Sec. 32A-8. Definitions. 
For the purposes of this chapter, the words and phrases herein defined shall be 
construed in accordance with the definitions set forth in this section unless it is apparent 
from the context that a different meaning is intended. 
Bedrock means 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 Planning and 
Development Department. 
Clearing or grubbing means the removal of any plant, bush, tree, cacti, or earth or rock. 
Earthwork means the cut, fill, import or disposal of excess earth, sand, gravel, rock or 
other earthen material. 
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 means the grade or elevation of the existing ground surface prior to 
excavating or filling. 
FEMA means the Federal Emergency Management Agency. 
Fill means deposits of soil, rock, or other materials placed by humans. 
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Finish grade means the final grade or elevation of the ground surface after grading is 
completed. 
Grading means any excavating, filling, moving of natural earthen ground surface or 
combination thereof, and shall include the conditions resulting from any excavation, fill 
or movement of the natural earthen ground surface, including the natural drainage 
pattern. 
NPDES/AZPDES Program means the Federal National pollution POLLUTANT 
Discharge Elimination System (NPDES) Program administered nationally pursuant to 33 
U.S.C. Section 1342 and the Arizona pollution POLLUTANT Discharge Elimination 
System (AZPDES) Program administered in Arizona pursuant to Arizona Revised 
Statutes, Title 49, Chapter 2, Article 3.1, requiring the control or elimination of 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 means detaining stormwater on an individual lot for a given design 
frequency storm, said area of lot being exclusive of public streets, alleys, or other land 
dedicated for public use. 
On-site retention means retaining stormwater that falls on the site for a given design 
frequency, said site being exclusive of public streets, alleys or other land dedicated for 
the public use. 
Outfall of lot means 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. 
Planning and Development Director means the City of Phoenix Planning and 
Development Director or the Director’s designee. 
Retaining wall means 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 high shall be designed by an Arizona registered civil or structural 
engineer and approved by the Planning and Development Department prior to 
construction. 
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Rough grade means an approximate elevation of the ground surface conforming to the 
proposed design. 
Site means any lot or parcel of the land or contiguous combination thereof, under the 
same ownership, where grading is performed or permitted. 
Soil means all earth material of whatever origin that overlies bedrock. 
Supervising engineer means an Arizona registered engineer who has been employed to 
design or oversee work regulated by this chapter.  
Sec. 32A-9. Permit requirements. 
A. Application. To obtain a grading permit, a person shall file an application in writing 
on a form furnished by the Planning and Development Director. A separate application 
shall be required for each site and may cover both excavation and filling. 
B.
Every 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 such person is willing to receive 
the material (if off site). 
5.
Be accompanied by plans, specifications and a geotechnical report as required
in subsection C of this section and a stormwater pollution prevention plan (SWPPP) 
if required as stated in subsection G of this section. 
6.
State the estimated quantities of earthwork involved, including, but not limited to,
cut, fill, import, borrow and the excess disposal. 
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7.
Be signed by the applicant, or the applicant’s 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 Planning
and Development Director and the City of Phoenix Stormwater Policies and 
Standards Manual. 
C.
Plans, specifications and geotechnical report. Each application for a grading permit
shall be accompanied by two sets of plans, specifications and geotechnical report, 
except when waived by the Planning and Development Director for minor or insignificant 
work. The plans, specifications and geotechnical report shall be prepared, sealed and 
signed by an Arizona registered engineer. 
D.
Exceptions to plans, specifications and geotechnical report requirements.
1.
Plans and specifications need not be prepared by an Arizona registered
engineer if the Planning and Development Director waives such requirement 
because technical engineering is not required. 
2.
When waived by the Planning and Development Director in cases where soils
and geologic conditions are not significant factors in the design, a geotechnical 
report need not be submitted. 
3.
Plans, specifications and geotechnical reports shall not be required by the
Planning and Development 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. 
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E.
Information on plans, specifications and geotechnical report. Plans shall be
prepared to scale and shall be of sufficient clarity to indicate the nature and extent of the 
work proposed and show in detail conformance 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 comply with the City of Phoenix 
Stormwater Policies and Standards Manual and shall show, at a minimum, 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 conform with National Geodetic Vertical 
Datum (NGVD), 1929. 
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 50 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 Planning and Development Director. 
7.
Provisions for on-site retention of stormwater, unless waived by the City of
Phoenix Stormwater Policies and Standards Manual, or the Planning and 
Development 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 FEMA. 
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9.
Specifications shall contain information covering construction and material
requirements. 
10.
Plans and specifications shall be based on the geotechnical report when such
a report is required. 
F.
The geotechnical 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. 
G.
As required by State or Federal regulations, a stormwater pollution prevention plan
(SWPPP), as per the NPDES/AZPDES program, shall be submitted by the owner 
applicant or the applicant’s representative with the grading and drainage plan. The 
requirements of the erosion control plan, CONSTRUCTION STORMWATER 
MANAGEMENT PLAN, AND/OR STORMWATER POST-CONSTRUCTION PROGRAM 
MAINTENANCE PLAN, are listed in the City of Phoenix Stormwater Policies and 
Standards Manual.  
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 Planning and Development Director. 
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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 
Planning and Development Director from thereafter requiring the correction of errors in 
said drawings and specifications or 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 permittee of the responsibility for securing required permits 
for work to be done that 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 180 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 THEY shall, 
prior to the expiration of the permit, present in writing to the Planning and Development 
Director a request for an extension of the time, setting forth the reasons for the 
requested extension. If, in the opinion of the Planning and Development 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 regulations and rules required by County, State or Federal law 
and all safety precautions that are required by the Planning and Development Director; 
and comply with the City of Phoenix Stormwater Policies and Standards Manual; and 
provide adequate erosion and sedimentation control as required by the 
NPDES/AZPDES Program. 
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E.
Conditions of approval. In granting any permit under this chapter, the Planning and
Development 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 the Maricopa County Air Quality
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.
Temporary fencing of protected hillside and desert preservation areas prior to
commencing grading operations. 
6.
Implementation of any stormwater best management practices deemed
necessary to prevent pollutants from entering the public storm drain system. 
F.
Liability. Neither the issuance of a permit under the provisions of this chapter 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 Planning and Development 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 
Planning and Development 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 
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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 Planning and Development 
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 
Planning and Development Director. It shall be unlawful for any person to proceed with 
any part of such work after such notice is served.  
Sec. 32A-11. Denial of permit. 
A. Geological or flood hazard. If, in the opinion of the Planning and Development 
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 Planning and Development 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 Planning and Development Director that the hazard would be 
essentially eliminated by the construction of retaining structures, buttress fills, drainage 
devices, or by other means, the Planning and Development Director may issue the 
permit after the applicant has complied with Sections 32A-9.E and F. 
C. Noncompliance with the NPDES/AZPDES Program. If, in the opinion of the Planning 
and Development Director, the activities covered by the permit would cause a violation 
of any aspect of the NPDES/AZPDES 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.  
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Sec. 32A-12. Grading permit fees and plan review fees. 
A.
Before issuance of a grading permit, the Planning and Development 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 Planning and Development Director shall collect the fees set forth in Appendix
A.2 of the City Code before providing grading and drainage plan review services.
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 Planning and Development Director, are completed 
and have been inspected and approved. The Planning and Development Director, 
at the Director’s option, may accept cash, a letter of credit or a surety bond to 
guarantee the corrective work if occupancy is sought before the work is done if 
posted with the Planning and Development Department in the form as provided by 
subsection B or C herein. 
2.
The cash, letter of credit or surety bond may be retained or called upon by the
Planning and Development Department at any time as funds to be utilized for 
performing any work required to complete the required grading and improvements, if 
the Planning and Development Department finds that the required grading and 
improvements are not being satisfactorily completed. 
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B.
Bond conditions. Every bond (cash, letter of credit or surety) shall include the
conditions that the permittee shall: 
1.
Comply with all of the provisions 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 Planning and Development 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 Planning and Development 
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, letter of credit 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 (cash, letter of credit or surety)
shall begin upon the date of filing and shall remain in effect until the completion of the 
work to the satisfaction of the Planning and Development 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 Planning and Development Director may have the work required by the 
permit to be completed to the Director’s 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.  
Sec. 32A-14. Design standards for cuts. 
Maximum slope. Cuts shall not be steeper in slope than one vertical to one and one-half 
horizontal unless a retaining wall or other approved support is provided or unless the 
owner furnishes a geotechnical report proving to the satisfaction of the Planning and 
Development Director that the proposed deviation will be stable, will not endanger any  
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property or result in the deposition of debris on any public way or interfere with any 
existing drainage course. 
The Planning and Development Director may require the excavation to be made with a 
cut face flatter in slope than one vertical to one and one-half horizontal if the Director 
considers it necessary for stability and safety.  
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 THE THEN CURRENT VERSION 
OF ASTM D698-70. Field density shall be determined by THE THEN CURRENT 
VERSION OF ASTM D1556-64. 
Location 
Minimum 
Density* 
Under structures 
95% 
Parking lots, 
driveways, roads 
95% 
Yards, open space 
75% 
* Unless a modification is indicated based on a geotechnical report.
Fills which will support the foundations of structures shall be constructed under the 
supervision of an Arizona registered engineer. 
C.
Exceptions to fill design standards.
1.
Fills in non-hillside areas that are made for yard purposes and which do not
exceed 18 inches in depth need not be compacted. 
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2.
Sanitary landfills and refuse disposal areas which are regulated by the Arizona
Department of Environmental Quality and the Maricopa County Air Quality 
Department. 
When foundations of structures are not to be supported by the fill, the Planning and 
Development Director may allow deviations from the above requirements if he finds that 
their strict enforcement is unduly restrictive for the intended purpose. 
D.
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 one vertical to five horizontal 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. 
E.
Fill slope. No fill shall be made which creates an exposed surface steeper in slope
than one vertical to one and one-half horizontal. 
The Planning and Development Director may require that the fill be constructed with an 
exposed surface flatter than one vertical to one and one-half horizontal 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 one vertical to two horizontal. 
F.
Fill material. The material to be used for fill shall be approved by the supervising
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. 
G.
Slopes to receive fill. Fills toeing out on natural slopes which are steeper than one
vertical to two horizontal will not be permitted. 
H.
Removed DREDGED AND FILL MATERIALS ARE ALLOWED ONLY AS A
TEMPORARY MEASURE DURING EMERGENCY OPERATIONS SUCH AS WATER 
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LINE BREAKS, REPLACING SEWER AND WATER VALVES, OR OTHER REPAIRS 
AS NECESSARY TO THE CITY’S OPERATION. No dredge or fill shall be stockpiled in 
the street, right-of-way, easement or stormwater conveyance for more than five working 
days, or less if rain is forecast, without proper best management practices in place to 
protect the storm drain system. Removed materials are allowed only as a temporary 
measure during emergency operations such as water line breaks, replacing sewer and 
water valves, or other repairs as necessary to the City’s operation.  
Sec. 32A-16. Design standards for setbacks. 
A. 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 Planning and Development Director. 
B. Fill placed on or above the top of an existing or proposed cut or natural slope 
steeper than one vertical to three horizontal shall be set back from the edge of the slope 
a minimum distance of six feet. 
C. 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. 
D. The setbacks given in this section are minimum and may be increased by the 
Planning and Development 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.  
Sec. 32A-17. Design standards for drainage. 
A. All drainage facilities shall comply with the City of Phoenix Stormwater Policies and 
Standards Manual. 
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B.
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. 
C.
Disposal. All drainage facilities shall be designed to carry surface waters to the
nearest practical street storm drain or natural watercourse approved by the Planning 
and Development Director and any other governmental agency having jurisdiction as a 
safe place to deposit such waters. 
D.
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, swales, walls, stabilized slope treatment, or 
other protection as approved by the Planning and Development Director. 
E.
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* 
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* This setback is not the setback referred to in the Zoning Ordinance. Greater setback
distances may be required by the Zoning Ordinance. 
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 Planning and Development 
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 Planning and Development 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. Geotechnical 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 
Planning and Development Director by the supervising engineer. 
Geotechnical reports certifying the compaction or acceptability of all fills shall be 
required except as exempted by Section 32A-15.C. 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 Planning and Development 
Director, he shall immediately notify the person in charge of the grading work and  
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Planning and Development Department in writing of the nonconformity and of the 
corrective measures to be taken.  
Sec. 32A-19. Safety precautions. 
A.
If at any stage of the work the Planning and Development 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 Planning and Development 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. 
B.
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. 
C.
If the Planning and Development 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.  
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 
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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.  
Sec. 32A-21. Modification of approved plan. 
No modification of the approved grading plans may be made without the approval of the 
Planning and Development Director. All necessary geotechnical reports shall be 
submitted with the plans.  
Sec. 32A-22. Completion of work. 
A.
Final reports. Upon completion of the work, the Planning and Development 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, 
the City of Phoenix Stormwater Policies and Standards Manual and this chapter. 
2.
A geotechnical 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 Planning and
Development Director when the grading operation is ready for final inspection. Final 
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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.  
Sec. 32A-23. Adoption of City of Phoenix Stormwater Policies and Standards 
Manual. 
The Street Transportation Department Director in coordination with the Planning and 
Development Director shall prepare and maintain a City of Phoenix Stormwater Policies 
and Standards Manual with policies, standards, procedures, and practices related to 
stormwater management and compliance with this code. The City of Phoenix 
Stormwater Policies and Standards Manual is a comprehensive, state-of-the-practice 
drainage design document that addresses flood hydrology, stormwater drainage 
facilities, grading requirements and floodplain regulation and shall govern all drainage 
requirements for development, public and private, within the City of Phoenix. The City of 
Phoenix Stormwater Policies and Standards Manual shall be placed on file in the office 
of the City Clerk and shall be available to the public on the City of Phoenix website, 
www.phoenix.gov.  
Sec. 32A-24. Design standards for on-site retention of stormwater. 
A.
On-site retention of stormwater shall be required for all developments. This
requirement may be waived for isolated developments under one-half acre where there 
will be no critical drainage problem created by the additional runoff from the proposed 
development. The NPDES/AZPDES program may require on-site retention for parcels 
less than one-half acre. 
B.
On-site stormwater retention areas shall be adequate to contain the volume of water
required by the latest edition of the City of Phoenix Stormwater Policies and Standards 
Manual in effect at the time of the first submittal of plans to the Planning and 
Development Department. 
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All developments shall not increase the 100-year two-hour peak runoff, change the time 
of the peak, nor increase the total runoff from its pre-development values.  
Sec. 32A-25. Reserved. 
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 permit.  
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 chapter or who fails to perform any act or duty 
required by this chapter is subject to a civil sanction of not less than $500.00 nor more 
than $2,500.00. The $500.00 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 chapter or who fails to perform any act or duty 
required by this chapter is guilty of a Class 1 misdemeanor. 
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D.
Each day any violation of any provision of this chapter or the failure to perform any
act or duty required by this chapter exists shall constitute a separate violation or 
offense.  
Sec. 32A-28. Jurisdiction of court. 
A.
Jurisdiction of all proceedings to enforce the provisions of this chapter shall be in
the Municipal Court of the City of Phoenix. 
B.
Civil actions to enforce this chapter may be adjudicated by a judge or a court
hearing officer. 
Sec. 32A-29. Commencement of civil action. 
Any civil action to enforce the provisions of this 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.  
Sec. 32A-30. Admission or denial of allegation; hearing; findings of court; civil 
sanction. 
A.
A person served with a civil citation or complaint shall appear at the time and place
stated in the citation or summons, or may appear prior to the time and admit or deny the 
allegations of the complaint. Allegations not denied at the time of appearance are 
deemed admitted. 
B.
If the allegations are admitted, the court shall enter judgment for the City and
impose a civil sanction. 
C.
If the person denies the allegations, the court shall set the matter for hearing. Civil
hearings are informal and held without a jury, and the City is required to prove the 
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violation charged by a preponderance of the evidence. Technical rules of evidence do 
not apply, except for statutory provisions relating to privileged communications. If the 
person elects to be represented by counsel, the person shall so notify the court at least 
ten days prior to the hearing date. Hearings may be recorded. If the court finds in favor 
of the person, the court shall enter an order dismissing the citation or complaint. If the 
court finds in favor of the City, the court shall enter judgment for the City and impose a 
civil sanction. 
D.
If the person served with a civil citation or complaint fails to appear on or before the
time directed to appear or at the time set for hearing by the court, the allegations shall 
be deemed admitted and the court shall enter judgment for the City and impose a civil 
sanction.  
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