Brigham City City Zoning Code

NORTH SHORE

DEVELOPMENT PLANNED DISTRICT

§ 156.295 ESTABLISHMENT OF THE NORTH SHORE DEVELOPMENT PLANNED DISTRICT.

(A) Definitions. The definitions contained in § 156.020 of this chapter shall apply to this subchapter, except as otherwise provided herein. The following definitions are specific to this subchapter. In the event that a definition herein imposes a stricter requirement than a definition contained elsewhere in this chapter, the stricter requirement shall apply.

GENERAL DEVELOPMENT PLAN.

(a) A plan pursuant to § 156.179 of this chapter, consisting of documents and supporting evidence prepared and endorsed by a qualified professional team, as required by the Planning Commission.

(b) The GENERAL DEVELOPMENT PLAN FOR THE NORTH SHORE DEVELOPMENT PLANNED DISTRICT provides general guidance as to the approximate location and proposed density of dwelling units, non-residential building uses and intensities, open space and land use considered suitable for adjacent properties.

HOUSEHOLD PET. Animals ordinarily permitted in state residences and kept for the company or pleasure of state residents. HOUSEHOLD PETS also includes tropical fish, amphibians, reptiles or invertebrates of a number that do not constitute a health hazard or nuisance, and can be safely and humanely kept in aquariums, cages or enclosures, the cumulative size of which shall not exceed 50 cubic feet per household.

(a) HOUSEHOLD PETS shall not include animals such as dogs, cats, or others that have the potential to escape or become feral and act as predators on the Bear River Migratory Bird Refuge or within the boundary of the North Shore Development Planned District.

(b) HOUSEHOLD PETS shall not include the keeping of “dangerous animals”, “vicious animals”, “wild animals” or “livestock”, as defined in Chapter 90 of this code of ordinances.

(c) Furthermore, HOUSEHOLD PETS shall not include exotic, pygmy or dwarf variations of animals defined as either “wild animals” or “livestock” in Chapter 90 of this code of ordinances, including, but not limited to, miniature horses, pygmy goats and Vietnamese pot-bellied pigs; notwithstanding, that such animals may be kept as household pets by residents of other communities.

NORTH SHORE DEVELOPMENT. A development located in the city containing a mixture of residential, recreational and open space land uses that will be governed by the provisions of this subchapter and the General Development Plan adopted in conjunction with this subchapter and the city’s General Plan to provide guidance for the development of the project.

PROPERTY. The private property that is the subject of the North Shore Development Planned District and General Development Plan.

(B) Purposes. The purposes of the North Shore Development Planned District are:

(1) To allow the orderly and beneficial development of the North Shore Development, a primarily residential community in a rural setting;

(2) To promote the economic benefit of the city and the county;

(3) To protect the general health, safety and welfare of the citizens of the city;

(4) To consider the interests of the Bear River Migratory Bird Refuge insomuch as such interests may be impacted by development of the North Shore Development;

(5) To implement the city’s General Plan by controlling the type, location, density, intensity, and other characteristics of development within the North Shore Development Area as defined and described in the North Shore Development General Development Plan;

(6) To ensure that appropriate infrastructure and services are available to support the development of the North Shore Development; and

(7) To provide a structure for the review and approval of the design and infrastructure feature of permitted and conditional uses within the North Shore Development Planned District.

(C) Compliance. All development permits within the North Shore Development Planned District shall comply with the provisions of this subchapter, the standards contained herein and the policies of the city General Plan and the North Shore Development General Development Plan.

(D) Public facilities, services. No development in the North Shore Development shall be approved by the city unless there are available and adequate public facilities and services as evidenced by meeting the following standards:

(1) The public facilities are currently in place or will be in place when the development permit is issued and the development permit is conditioned on the availability of public facilities prior to approval of a final subdivision plat or final site plan approval for a permitted or conditional use;

(2) The provision of the public facilities are a condition of the development permit and are guaranteed to be provided at or before the issuance of a building permit for proposed development in the North Shore Development Planned District development;

(3) The public facilities are under construction;

(4) There is an enforceable development agreement guaranteeing that the facilities will be in place at the time that the impacts of the development will occur; or

(5) The city’s Planning Commission determines that there are significant overriding public policy considerations or public health, safety and welfare concerns which warrant the approval of the application in the absence of evidence that all public facilities and services are adequate and available.

(E) Adequacy of public facilities. The available capacity for public facilities and services shall be determined in accordance with the following calculation methodology:

(1) Adding together the total capacity of existing and planned capital improvements for a public facility;

(2) Calculate available capacity by subtracting from the total capacity of division (E)(1) above the sum of:

(a) The demand for each public facility created by existing development;

(b) The demand for each public facility created by the anticipated completion of committed development; and

(c) The demand for each public facility created by the anticipated completion of the proposed development under consideration for concurrency determination.

(F) Zoning districts established. The following zoning districts are hereby created within the North Shore Development Planned District: P-RR-1 (Planned/Rural Residential, one unit per acre density), P- A-5 (Planned/Agricultural, five-acre minimum) and P-MU-160 (Planned/Multiple Use, one unit per 160- acre density).

(G) Codes and symbols.

(1) In following sections of this subchapter, uses of land or buildings which are allowed in the various districts are shown as “permitted uses”, indicated by a “P” in the appropriate column, or as “conditional uses”, indicated by a “C” in the appropriate column.

(2) If a use is not allowed in a given district, it is either not named in the use list or it is indicated in the appropriate column by a dash, “_”. If a regulation applies in a given district, it is indicated in the appropriate column by a numeral to show the linear or square feet, or acres required, or by the letter “A”. If the regulation does not apply, it is indicated in the appropriate column by a dash, “_”.

(H) Uses.

(1) Uses. No building, structure or land shall be used and no building or structure shall be hereafter erected, structurally altered, enlarged or maintained in the multiple use, agricultural or rural residential districts except as provided in this subchapter.

	P-RR-1	P-A-5	P-MU-160
Accessory buildings and uses customarily incidental to permitted and conditional uses	P	P	P
Agriculture
Agriculture, except grazing and pasturing of animals	P	P	P
Agriculture, including grazing and pasturing of animals	-	P	C
Agriculture, business or industry	C	C	C
Animals and fowl for recreation or for family food production for the primary use of persons residing on the premises	-	C	-
Nursery or green house, wholesale or retail	C	P	-
The tilling of the soil, the raising of crops, horticulture and gardening	P	P	P
Apiary (bee keeping)	C	P	C
Aviary	P	P	C
Bed and breakfast facility subject to the conditions outlined in §§ 156.335 through 156.360 of this chapter	P	P	-
Cluster subdivision of single-family dwellings
Provided that, the residential density is not increased by more than 10% for the district	P	P	-
Provided that, the area, in acres, of the subdivision is not less than	5	640	-
Dude ranch: family vacation ranch	-	P	C
Educational institution	C	C	C
Educational institution with lodging	C	C	C
Home occupation	P	P	-
Household pets, as defined above	P	P	-
Licensed family child care	C	C	-
Private park or recreational grounds	C	C	C
Private recreational camp or resort, including accessory or supporting dwellings or dwelling complexes and commercial service uses which are owned or managed by the recreational facility to which it is accessory (private recreational camps or resorts shall not be subject to the residential density restrictions of this section)	-	P	C
Private stables, horses for private use	P	P	C
Private stables or the keeping of horses for the private use of persons residing on the premises and providing that not more than 2 horses shall be kept for each one acre in the lot	P	P	C
Public use, quasi-public use, essential services, including but not limited to parks, schools, churches, dams and reservoirs	C	C	C
Recreation
Archery shop/range	-	P	C
Campground	-	C	C
Golf course	C	C	C
Residential facility for elderly persons	P	P	-
Residential facility for persons with a disability	P	P	-
Signs; the type, size, height, location and other standards and requirements for signs shall be in accordance with the regulations set forth in §§ 156.480 through 156.491 of this chapter; except that, a single low profile off-premises identification sign shall be permitted for identification of the Machine Lake Wetlands Mitigation Bank. Sign location, area, setback and design shall be subject to approval by the city’s Planning Commission	A	A	A
Single-family dwellings	P	P	-
Temporary buildings for uses incidental to construction work, including living quarters for a guard or night watchman, which building must be removed upon completion or abandonment of the construction work	P	P	P
Wetland mitigation bank	C	P	P

(2) Area regulations.

	P-RR-1	P-A-5	P-MU-160
No minimum lot area requirement is established, however maximum density expressed as the number of residential dwelling units per gross acre shall not exceed	1 unit per 1 acre	1 unit per 5 acres	0

(3) Width regulations.

	P-RR-1	P-A-5	P-MU-160
The minimum width in feet for any lot in the districts regulated by this chapter, except as modified by planned unit developments or cluster subdivisions shall be	100	200	1,320

(4) Frontage regulations.

	P-RR-1	P-A-5	P-MU-160
The minimum frontage in feet for any lot in the districts regulated by this chapter on a public street or a private street approved by the governing body shall be	25	50	60

(5) Front yard regulations.

	P-RR-1	P-A-5	P-MU-160
The minimum depth in feet for the front yard for main buildings in districts regulated by this chapter shall be	30	30	60

(6) Accessory buildings.

	P-RR-1	P-A-5	P-MU-160
Accessory buildings may have the same minimum front yard depth as main buildings if they have the same side yard required for main buildings, otherwise they shall be set back at least 6 feet in the rear of the main building	A	A	A

(7) Rear yard regulations.

	P-RR-1	P-A-5	P-MU-160
The minimum depth in feet for the rear yard in the districts regulated by this chapter shall be
For main buildings	30	50	60
For accessory buildings	20	20	20

(8) Side yard regulations.

	P-RR-1	P-A-5	P-MU-160
The minimum side yard in feet for any dwelling or main or buildings shall be	15	20	60
Except on corner lots the side yard in feet which faces on a street for both main and accessory buildings, shall not be less than	30	30	60
The minimum side yard in feet for any accessory building shall be	20	20	20

(9) Height regulations.

	P-RR-1	P-A-5	P-MU-160
The maximum height for all buildings and structures in districts regulated by this chapter shall be
In feet	35	35	35
In number of stories	2-1/2	2-1/2	2-1/2

(10) Animal regulations.

	P-RR-1	P-A-5	P-MU-160
Any barn, coop, pen, stable, corral, enclosure for the confinement of large animals, shall be set back from a public street at least the following distance	100	100	-

(I) Exhibit A. Legal descriptions for parcels are as follows.

(1) P-RR-1 (Planned Rural Residential) area.

03-111-0001

BEG AT SW COR OF NW/4 OF SEC 20 TWP 9N R 2W, SLM, RUNNING E 455 FT, N 1,915 FT, W 455 FT, S 1,915 FT TO BEG

03-111-0014

BEG AT A PT 33 FT S and 1,278.75 FT W OF NE COR OF SEC 20 T09N R02W SLM, S 400 FT, W 193.25 FT, N 400 FT, E 193.25 FT TO FOB.

TOGETHER W/ RESEVER : SEE DOC #248352 - DATED JUNE 12, 2007’ - CONT 1.77 AC M/L.

03-111-0015

BEG 43 RDS W OF NE COR OF SEC 20 T09N R02W SLM, S 160 RDS, W 15 RDS, N 160 RDS, E 15 RDS TO BEG.

TOGETHER W / RESERV. SEE REC DOC. #248352 - DATED JUNE 12, 2007 CONT. 15.1 AC

03-111-0023

BEG AT A PT LOC 1950.4 FT N 89*56’E FROM SW COR OF NW/4 OF SEC 20 T9N R2W SLM, N 0*07’E 2,538.7 FT, TH TO THE RIGHT ALG THE ARC OF A CURVE WHOSE RADIUS IS 1477.5 FT A DIST OF 60.42 FT, LONG CHORD BEARS S 33*13’ 18W 60.42 FT, S 0*07’W 2,488.19 FT, N 89*56’E 33 FT TO POB. CONT 1.90 ACRES

03-111-0025

BEG AT A PT 433 FT S and 957 FT W OF NE COR OF SEC 20 T09N R02W SLM, S 2,207 FT, W 660 FT, N 2,207 FT, E 660 FT TO POB. WITH CERTAIN RESERVATIONS. CONT 33.43 AC M/L.

03-111-0042

BEGINNING 455 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 9 NORTH, RANGE 2 WEST, SALT LAKE BASE AND MERIDIAN; THENCE EAST ALONG THE QUARTER SECTION LINE 1,492 FEET TO A LANE BELONGING TO B.R.S.L. CO.; THENCE NORTH 00007’ EAST 2,583.7 FEET; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTH LINE OF HIGHWAY TO A POINT 1,915 FEET DUE NORTH OF POINT OF BEGINNING; THENCE SOUTH 1,915 FEET TO THE POINT OF BEGINNING.

03-111-0043

BEG 455 FT E OF SW COR OF NW/4 OF SEC 20 TWP 9N R 2W, SLM, E ALG 1/4 SEC LINE 1,492 FT TO A LANE BELONG- ING TO B.R.S.L. CO., N 0*7’E 2,583.7 FT IN A SLY DIREC ALG S LINE OF HWY TO A PT 1915 FT DUE N OF BEG, S 1,915 FT TO BEG. ALSO BEG AT NW COR OF SD SEC, E ALG N LINE OF SD SEC 1,923 FT, S 0*7’W 51.5 FT TO N LINE OF HWY IN A SWLY DIRC ALG N LINE OF SD HWY TO A PT DUE S OF BEG. N 508.5 FT TO BEG. EXC BEG AT NW COR OF SD SEC, E 1,980 FT, S 33 FT, W 1,980 FT, N 33 FT TO BEG.

LESS[03-l 1 l-0042]BEGINNING 455 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 9 NORTH, RANGE 2 WEST, SALT LAKE BASE AND MERIDIAN; THENCE EAST ALONG THE QUARTER SECTION LINE 1,492 FEET TO A LANE BELONGING TO B.R.S.L. CO.; THENCE NORTH 00007’ EAST 2,583.7 FEET; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTH LINE OF HIGHWAY TO A POINT 1,915 FEET DUE NORTH OF POINT OF BEGINNING; THENCE SOUTH 1,915 FEET TO THE POINT OF BEGINNING.

(2) P-A-5 (Planned Agricultural, 5-acre minimum) area.

03-111-0019

ALL THAT PORTION OF SW/4 OF SEC 20 T09N R02W SLM LYING WESTERLY OF THE HAMMOND CANAL. 127 AC M/L

03-111-0020

REMAINDER DESC: ALL OF FOL LYING ELY OF HAMMOND CANAL BEG AT A PT 140 RDS W OF SE COR OF SEC 20 T9N R2W SLM. N 160 RDS, W 100 RDS, S 160 RDS, E 100 RDS TO POB. SUBJECT TO EASEMENTS ETC OF RECORD. LESS: E/2 OF NE/4 OF SW/4 OF SEC 20 CONT 29 ACRES M/L

03-111-0021

BEG AT A PT 40 RDS W OF SE COR OF SEC 20 T9N R2W SLM. N 160 RDS, W 100 RDS, S 160 RDS, E 100 RDS TO POB. SUBJECT TO EASEMENTS ETC OF RECORD. LESS: W/2 OF NW/4 OF SE/4 OF SEC 20 CONT 80 ACRES M/L

03-111-0022

REMAINDER DESCRIPTION: BEG AT SE COR OF SEC 20 T9N R2W SLM W 40 RDS, N 160 RDS, E 40 RDS, S 160 RDS TO BEG. CONT 39.88 ACRES

03-111-0024

REMAINDER DESC: ALL OF FOL ELY OF HAMMOND CANAL. E/2 OF N and E/4 OF SW/4 and W/2 OF NW/4 OF SE/4 OF SEC 20 T9N R2W. RESERVING ACCESS EASMENTS OVER N 4 RDS and 2 RDS ON EACH SIDE OF CANAL TOGETHER WITH A VEHICULAR ACCESS EASEMENT OVER THE FOLLOWING: BEG AT NW COR OF E/2 OF NE/4 OF SW/4 OF SEC 20, W 33 FT, S 82.5 FT, E 33 FT, N 82.5 FT TO BEG. CONT 24 AC M/L

03-189-0009

BEG AT SE COR OF SEC 19 T9N R2W SLM N 160 RDS, W 20 RDS, S 160 RDS, E 20 RDS, TO POB. TOGETHER WITH MINERAL ETC RIGHTS, EASEMENTS R/W’S ETC OF RECORD. CONT 20 ACRES M/L

(3) P-MU-160 (Planned Multiple Use, 1 unit per 160-acre density) area.

03-003-0043

ALL OF SEC 30 T09N R02W SLM LYING ELY OF CTR/L OF REEDER OVERFLOW. CONT 412 AC M/L.

03-003-0045

ALL OF SEC 31 T09N R02W SLM LYING ELY OF C/L OF REEDER OVERFLOW. 388 AC M/L

03-003-0046

REMAINDER DESC: ALL OF SEC 31 T09N R02W SLM LYING WLY OF C/L OF REEDER OVERFLOW. 252 AC M/L

03-003-0047

PRT SECS 29 and 32 T09N R02W SLM. BEG AT NE COR SD SEC 32, BEING A USA DEPT OF INTERIOR ALUMINUM CAP MON, S00*1 1’15”W 1,362.11 FT ALG E/L SD SEC, N89*35’43”W 3,969.10 FT TO ELY EDGE OF A SLOUGH, NELY ALG SD ELY EDGE 7,532 FT M/L TO E/L SD SEC 29 BEING A PT N00*04’22”E 2,600.43 FT FRM POB, S00*04’22”W 2,600.43 FT ALG E/L SD SEC 29 TO POB. HAI SURVEY DATED 4/4/04. TOG/W CERTAIN EASEMENT FOR INGRESS and EGRESS-SEE #208327. CONT 227 AC.

03-003-0048

SEC 29 T09N R02W SLM.

LESS: [03-003-0047] BEG AT NE COR SD SEC 32, BEING A USA DEPT OF INTERIOR ALUMINUM CAP MON, S00*1 1’15”W 1,362.11 FT ALG E/L SD SEC, N89*35’43”W 3,969.10 FT TO ELY EDGE OF A SLOUGH, NELY ALG SD ELY EDGE 7,532 FT M/L TO E/L SD SEC 29 BEING A PT N00*04’22”E 2,600.43 FT FRM POB, S00*04’22”W 2,600.43 FT ALG E/L SD SEC 29 TO POB. CONT 537.11 AC.

03-003-0049

SEC 32 T09N R02W SLM.

LESS: [03-003-0047] BEG AT NE COR SD SEC 32, BEING A USA DEPT OF INTERIOR ALUMINUM CAP MON, S00*H’15”W 1,362.11 FT ALG E/L SD SEC, N89*35’43”W 3,969.10 FT TO ELY EDGE OF A SLOUGH, NELY ALG SD ELY EDGE 7532 FT M/L TO E/L SD SEC 29 BEING A PT N00*04’22”E 2,600.43 FT FRM POB, S00*04’22”W 2,600.43 FT ALG E/L SD SEC 29 TO POB. CONT 515.90 AC.

03-003-0054

THAT PART OF NW/4 OF SEC 30 T9N R2W SLM. LYING W OF CO (REFUGE) RD. CONTG 7.63 AC M/L.

LESS [03-189-0011] PRT OF SW/4 OF SEC 19 and NW/4 SEC 30 T09N R02W SLM. BEG AT PT IN EXISTING FENCE/L LOC N89*34’42”E 581.43 FT ALG N/L OF SD SW/4 OF SEC 19 FRM W/4 COR OF SD SEC 19, N89*34’42”E 1,971.56 FT ALG SD FENCE/L TO WLY R/W/L OF A COUNTY RD, ALG SD COUNTY RD R/W FOLLOWING TWO (2) COURSES: 1) S21*41’01”W 3,308.13 FT, 2) S61 *23’47”W 878.29 FT, N00*21’37”E 3,480.08 FT TO POB.

LESS [03-189-0014]COMMENCING AT THE NW COR OF SEC 30 T9N R2W OF THE SLB BEING A FOUND 3.25 INCH FISH AND WILDLIFE CAP, THENCE 80*21’37” W ALNG WA. OF SD SEC 30 1,196.75 FT TO NLY R/W OF PROJECT AND THE POINT OF BEGINNING AND CONTINUING ALNG SD R/W THE FOLLOWING 11 COURSES,(1) N61*28’18” 1314.10 FT TO BEGINNING OF A CURVE TO THE LEFT,(2) ALNG ARC OF SD CURVE HAVING A RADIUS OF 606.911 FT THROUGH A CENTRAL ANGLE OF 39*49’45” 421.90 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS N41 *33’26” E 413.45 FT, (3) N21 *38’33” E 1078.12 FT TO THE BEGINNING OF A CURVE TO THE LEFT, (4)ALNG ARC OF SD CURVE HAVING A RADIUS OF 3,248.60 FT THROUGH CENTRAL ANGLE OF 5*04’20” 287.59 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS N19*06’23” E 287.50,(5) N16*34’13” E 170.54 FT TO THE BEGINNING OF A CURVE TO THE RIGHT,(6) ALNG THE ARC OF SD CURVE HAVING A RADIUS OF 1,673.80 FT THROUGH A CENTRAL ANGLE OF 10*10’13” 297.11 FT SD ARC SUBSTENDED BY A CHORD WHICH BEARS N21 *39’20” E 296.42 FT, (7) N26*44’26” E 167.47 FT TO THE BEGINNING OF A CURVE TO THE LEFT,(8) ALNG ARC OF SD CURVE HAVING A RADIUS OF 3,248.60 FT THROUGH A CENTRAL ANGLE OF 05*05’53” 289.06 FT SD ARC SUBTENDED BY A CORD WHICH BEARS N24*11’29” E 288.96, (9) N21*38’33” E 3,256.26 FT TO THE BEGINNING OF A CURVE TO THE RIGHT, (10) ALNG THE ARC OF SD CURVE HAVING A RADIUS OF 672.91 FT THROUGH A CENTRAL ANGLE OF 68*20’09” 802.57 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS N55*48’37” E 755.84 FT, (11) N89*58’42” E 1190.53 FT TO THE E/L OF SEC 18 T9N R2W OF THE SLM. THENCE ALNG SD L S00*00’00” W 44.08 FT TO THE SE COR OF SD SEC, ALNG E/L OF SD SEC 19 S00*04’06” W 33.00 FT TO EXISTING SLY R/W OF THE BEAR RIVER RD AS DESCRIBED IN BK 611 PG 857,ALNG SD R/W N89*55’26” W 1,293.78 FT A POINT ON THE R/W OF SD PROJECT AND TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT,ALNG SD R/W AND ALNG ARC OF SD NON-TANGENT CURVE HAVING A RADIUS OF 606.91 FT THROUGH A CENTRAL ANGLE OF 49*10’16” 520.85 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S55*35’27” W 505.01 FT TO THE EXISTING R/W OF THE BEAR RIVER RD DESCRIBED IN BK 611 PG 857, ALNG SD R/W S21*37’50” W 2495.58 FT TO THE E-W CENTERLINE OF SEC 19, S89*52’24” W 9.27 FT TO THE R/W OF SD PROJECT AND CONTINUING ALONG SD R/W THE FOLLOWING FIFTEEN COURSES; (1) S21 *38’33” W 855.99 FT TO THE BEGINNING OF A CURVE TO THE RIGHT, (2) ALNG ARC OF SD CURVE HAVING A RADIUS OF 3314.60 FT THROUGH A CENTRAL ANGLE OF 05*05’53” 294.93 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S24*l 1’30” W 394.83, (3) S63*15’34” E 17.00 FT,(4) S26*44’26” W 167.47 FT, (5) N63*15’36” W 17.00 FT TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, (6) ALNG ARC OF SD NON-TANGENT CURVE HAVING A RADIUS OF 1607.80 FT THROUGH A CENTRAL ANGLE OF 10*10’13” 285.39 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S21*39’19” W 285.02,(7) S16*34’13” W 170.54 TO BEGINNING OF A CURVE TO THE RIGHT,(8) ALNG ARC OF SD CURVE HAVING A RADIUS OF 3314.60 FT THROUGH A CENTRAL ANGLE OF 05*04’20” 293.43 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S19*06’23” W 293.34 FT, (9) S21 *38’33” W 645.87 FT (10) S68*21’27” E 17.00 FT, (11) S21*38’33” W 196.90 FT, (12) N68*21’27” W 17.00 FT, (13) S21*38’33” W 235.35 TO BEGINNING OF A CURVE TO THE RIGHT, (14)ALNG ARC OF SD CURVE HAVING A RADIUS OF 672.91 FT THROUGH A CENTRAL ANGLE OF 39*49’45” 467.78 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S41 *33’26” W 458.41 FT, (15)S61*28’18” W 1,350.52 FT TO THE W/LOF SD SEC 30; ALNG SD LINE N00*21’37” E 75.38 FT TO POB.

CONT 7.63 AC M/L.

03-003-0055

ALL OF SEC 30 T09N R02W SLM LYING WLY OF C/L OF REEDER OVERFLOW, LESS: THAT PART OF NW/4 OF SEC 30 LYING W OF CO (REFUGE) RD.

LESS: THAT PART OF NW/4 OF SEC 30 LYING W OF CO (REFUGE) RD.

LESS [03-189-0014] COMMENCING AT THE NW COR OF SEC 30 T9N R2W OF THE SLB BEING A FOUND 3.25 INCH FISH AND WILDLIFE CAP, THENCE S0*21’37” W ALNG W/L OF SD SEC 30 1,196.75 FT TO NLY R/W OF PROJECT AND THE POINT OF BEGINNING AND CONTINUING ALNG SD R/W THE FOLLOWING 11 COURSES,(1) N61*28’18” 1314.10 FT TO BEGINNING OF A CURVE TO THE LEFT, (2) ALNG ARC OF SD CURVE HAVING A RADIUS OF 606.911 FT THROUGH A CENTRAL ANGLE OF 39*49’45” 421.90 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS N41*33’26” E 413.45 FT, (3) N21*38’33” E 1078.12 FT TO THE BEGINNING OF A CURVE TO THE LEFT, (4) ALNG ARC OF SD CURVE HAVING A RADIUS OF 3,248.60 FT THROUGH CENTRAL ANGLE OF 5*04’20” 287.59 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS N19*06’23” E 287.50,(5) N16*34’13” E 170.54 FT TO THE BEGINNING OF A CURVE TO THE RIGHT,(6) ALNG THE ARC OF SD CURVE HAVING A RADIUS OF 1,673.80 FT THROUGH A CENTRAL ANGLE OF 10*10’13” 297.11 FT SD ARC SUBSTENDED BY A CHORD WHICH BEARS N21 *39’20” E 296.42 FT, (7) N26*44’26” E 167.47 FT TO THE BEGINNING OF A CURVE TO THE LEFT,(8) ALNG ARC OF SD CURVE HAVING A RADIUS OF 3,248.60 FT THROUGH A CENTRAL ANGLE OF 05*05’53” 289.06 FT SD ARC SUBTENDED BY A CORD WHICH BEARS N24*l 1’29” E 288.96, (9) N21*38’33” E 3,256.26 FT TO THE BEGINNING OF A CURVE TO THE RIGHT, (10) ALNG THE ARC OF SD CURVE HAVING A RADIUS OF 672.91 FT THROUGH A CENTRAL ANGLE OF 68*20’09” 802.57 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS N55*48’37” E 755.84 FT, (11) N89*58’42” E 1,190.53 FT TO THE E/L OF SEC 18 T9N R2W OF THE SLM. THENCE ALNG SD L S00*00’00” W 44.08 FT TO THE SE COR OF SD SEC, ALNG WL OF SD SEC 19 S00*04’06” W 33.00 FT TO EXISTING SLY R/W OF THE BEAR RIVER RD AS DESCRIBED IN BK 611 PG 857,ALNG SD R/W N89*55’26” W 1,293.78 FT A POINT ON THE R/W OF SD PROJECT AND TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, ALNG SD R/W AND ALNG ARC OF SD NON-TANGENT CURVE HAVING A RADIUS OF 606.91 FT THROUGH A CENTRAL ANGLE OF 49*10’16” 520.85 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S55*35’27” W 505.01 FT TO THE EXISTING R/W OF THE BEAR RIVER RD DESCRIBED IN BK 611 PG 857, ALNG SD R/W S21*37’50” W 2,495.58 FT TO THE E-W CENTERLINE OF SEC 19, S89*52’24” W 9.27 FT TO THE R/W OF SD PROJECT AND CONTINUING ALONG SD R/W THE FOLLOWING FIFTEEN COURSES; (1) S21 *38’33” W 855.99 FT TO THE BEGINNING OF A CURVE TO THE RIGHT, (2)ALNG ARC OF SD CURVE HAVING A RADIUS OF 3,314.60 FT THROUGH A CENTRAL ANGLE OF 05*05’53” 294.93 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S24*l 1’30” W 394.83, (3) S63*15’34” E 17.00 FT,(4) S26*44’26” W 167.47 FT, (5) N63*15’36” W 17.00 FT TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, (6) ALNG ARC OF SD NON-TANGENT CURVE HAVING A RADIUS OF 1,607.80 FT THROUGH A CENTRAL ANGLE OF 10*10’13” 285.39 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S21*39’19” W 285.02,(7) S16*34’13” W 170.54 TO BEGINNING OF A CURVE TO THE RIGHT,(8) ALNG ARC OF SD CURVE HAVING A RADIUS OF 3,314.60 FT THROUGH A CENTRAL ANGLE OF 05*04’20” 293.43 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S19*06’23” W 293.34 FT, (9) S21 *38’33” W 645.87 FT (10) S68*21’27” E 17.00 FT, (11) S21 *38’33” W 196.90 FT, (12)N68*21’27” W 17.00 FT, (13) S21 *38’33” W 235.35 TO BEGINNING OF A CURVE TO THE RIGHT, (14)ALNG ARC OF SD CURVE HAVING A RADIUS OF 672.91 FT THROUGH A CENTRAL ANGLE OF 39*49’45” 467.78 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S41 *33’26” W 458.41 FT, (15)S61*28’18” W 1350.52 FT TO THE W/LOF SD SEC 30; ALNG SD LINE N00*21’37” E 75.38 FT TO POB.REMAINDER DESC: ALL OF SEC 30 T09NR02W SLM LYING WLY OF C/L OF REEDER OVERFLOW,

03-189-0010

BEG AT SE COR OF NE/4 OF SEC 19 T9N R2W SLM, N 244 FT, N 79*15’W 1690 FT, N 2*52’W 283 FT, N 13*15’E 264 FT M/L TO E BANK OF BEAR RIVER- REEDER OVERFLOW, SLY ALG SD E BANK TO S/L OF NE/4 OF SEC 19, E ALG SD S/L TO BEG. CONT 17.28 ACRES M/L

03-189-0014

COMMENCING AT THE NW COR OF SEC 30 T9N R2W OF THE SLB BEING A FOUND 3.25 INCH FISH AND WILDLIFE CAP, THENCE S0*21’37” W ALNG W/L OF SD SEC 30 1,196.75 FT TO NLY R/W OF PROJECT AND THE POB AND CONT ALG SD R/W THE FOLLOWING 11 COURSES, (1) N61 *28’18” 1,314.10 FT TO BEG OF A CURVE TO THE LEFT,(2) ALG ARC OF SD CURVE A RADIUS OF 606.911 FT THROUGH A CENTRAL ANGLE OF 39*49’45” 421.90 FT SD ARC SUBTENDED BY A CHORD BEARS N41*33’26” E 413.45 FT, (3) N21*38’33”E 1078.12 FT TO THE BEG OF A CURVE TO THE LEFT, (4) ALG ARC OF SD CURVE A RADIUS OF 3,248.60 FT THROUGH CENTRAL ANGLE OF 5*04’20” 287.59 FT SD ARC SUBTENDED BY A CHD BEARS N19*06’23” E 287.50,(5) N16*34’13” E 170.54 FT TO THE BEG OF A CURVE TO THE RIGHT, (6) ALG THE ARC OF SD CURVE A RADIUS OF 1,673.80 FT THROUGH A CENTRAL ANGLE OF 10*10’13” 297.11 FT SD ARC SUBSTENDED BY A CHD BEARS N21*39’20”E 296.42 FT, (7) N26*44’26” E 167.47 FT TO THE BEG OF A CURVE TO THE LEFT,(8) ALG ARC OF SD CURVE A RADIUS OF 3,248.60 FT THROUGH A CENTRAL ANGLE OF 05*05’53” 289.06 FT SD ARC SUBTENDED BY A CORD BEARS N24*l 1’29”E 288.96, (9) N21 *38’33”E 3,256.26 FT TO THE BEG OF A CURVE TO THE RIGHT, (10) ALG THE ARC OF SD CURVE A RADIUS OF 672.91 FT THROUGH A CENTRAL ANGLE OF 68*20’09” 802.57 FT SD ARC SUBTENDED BY A CHD BEARS N55*48’37” E 755.84 FT, (11) N89*58’42” E 1,190.53 FT TO THE E/L OF SEC 18 T9N R/W OF THE SLM. THENCE ALG SD/L S00*00’00”W 44.08 FT TO THE SE COR OF SD SEC, ALG E/L OF SD SEC 19 S00*04’06”W 33.00 FT TO EXISTING SLY R/W OF THE BEAR RIVER RD AS DESCRIBED IN BK 611 PG 85, ALG SD R/W N89*55’26”W 1,293.78 FT A PT ON THE R/W OF SD PROJECT AND TO THE BEG OF A NON-TANGENT CURVE TO THE LEFT ALG SD R/W and ALG ARC OF SD NON-TANGENT CURVE A RADIUS OF 606.91 FT THROUGH A CENTRAL ANGLE OF 49*10’16” 520.85 FT SD ARC SUBTENDED BY A CHD BEARS S55*35’27”W 505.01 FT TO THE EXISTING R/W OF THE BEAR RIVER RD DESCRIBED IN BK 611 PG 857, ALG SD R/W S21 *37’5”W 2,495.58 FT TO THE E-W CENTER/L OF SEC 19, S89*52’24”W 9.27 FT TO THE R/W OF SD PROJECT AND CONTINUING ALG SD R/W THE FOLLOWING FIFTEEN (15) COURSES; (1) S21*38’33”W 855.99 FT TO THE BEG OF A CURVE TO THE RIGHT, (2) ALG ARC OF SD CURVE A RADIUS OF 3,314.60 FT THROUGH A CENTRAL ANGLE 05*05’53” 294.93 FT SD ARC SUBTENDED BY CHD BEARS S24*l l’30”W 294.83 FT, S63*15’34”E 17.00 FT,(4) S26*44’26”W 167.47 FT, (5) N63*15’36”W 17.00 FT TO THE BEG OF A NON-TANGENT CURVE TO THE LEFT, (6) ALG ARC OF SD NON-TANGENT CURVE A RADIUS OF 1,607.80 FT THROUGH A CENTRAL ANGLE OF 10*10’13” 285.39 FT SD ARC SUBTENDED BY A CHD WHICH BEARS S21*39’19”W 285.02, (7) S16*34’13”W 170.54 TO BEG OF A CURVE TO THE RIGHT, (8) ALG ARC OF SD CURVE A RADIUS OF 3,314.60 FT THROUGH A CENTRAL ANGLE OF 05*04’20” 293.43 FT SD ARC SUBTENDED BY A CHD WHICH BEARS S19*06’23”W 293.34 FT, (9) S21*38’33”W 645.87 FT (10) S68*21’27”E 17.00 FT, (11) S21*38’33”W 196.90 FT, (12) N68*21’27”W 17.00 FT, (13) S21*38’33”W 235.35 FT TO BEG OF A CURVE TO THE RIGHT, (14) ALG ARC OF SD CURVE A RADIUS OF 672.91 FT THROUGH A CENTRAL ANGLE OF 39*49’45” 467.78 FT SD ARC SUBTENDED BY A CHD BEARS S41 *33’26” W 458.41 FT, (15) S61*28’18” W 1,350.52 FT TO THE W/LOF SD SEC 30; ALG SD/L N00*21’37”E 75.38 FT TO POB.

03-189-0015

S/2 OF SEC 19, TWP 9N, R 2W, SLM LESS: THAT PART OF W/2 OF S/2 LYING W OF CO (REFUGE RD). LESS: BEG AT SE COR OF SEC 19, N 160 RDS, W 20 RDS, S 160 RDS, E 20 RDS TO PT OF BEG.

LESS [03-189-0014]

COMMENCING AT THE NW COR OF SEC 30 T9N R2W OF THE SLB BEING A FOUND 3.25 INCH FISH AND WILDLIFE CAP, THENCE S0*21’37” W ALNG W/L OF SD SEC 30 1,196.75 FT TO NLY R/W OF PROJECT AND THE POINT OF BEGINNING AND CONTINUING ALNG SD R/W THE FOLLOWING 11 COURSES,(1) N61*28’18” 1314.10 FT TO BEGINNING OF A CURVE TO THE LEFT,(2) ALNG ARC OF SD CURVE HAVING A RADIUS OF 606.911 FT THROUGH A CENTRAL ANGLE OF 39*49’45” 421.90 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS N41*33’26” E 413.45 FT, (3) N21 *38’33” E 1,078.12 FT TO THE BEGINNING OF A CURVE TO THE LEFT, (4)ALNG ARC OF SD CURVE HAVING A RADIUS OF 3,248.60 FT THROUGH CENTRAL ANGLE OF 5*04’20” 287.59 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS N19*06’23” E 287.50,(5) N16*34’13” E 170.54 FT TO THE BEGINNING OF A CURVE TO THE RIGHT,(6) ALNG THE ARC OF SD CURVE HAVING A RADIUS OF 1,673.80 FT THROUGH A CENTRAL ANGLE OF 10*10’13” 297.11 FT SD ARC SUBSTENDED BY A CHORD WHICH BEARS N21 *39’20” E 296.42 FT, (7) N26*44’26” E 167.47 FT TO THE BEGINNING OF A CURVE TO THE LEFT,(8) ALNG ARC OF SD CURVE HAVING A RADIUS OF 3,248.60 FT THROUGH A CENTRAL ANGLE OF 05*05’53” 289.06 FT SD ARC SUBTENDED BY A CORD WHICH BEARS N24*l 1’29” E 288.96, (9) N21*38’33” E 3256.26 FT TO THE BEGINNING OF A CURVE TO THE RIGHT, (10) ALNG THE ARC OF SD CURVE HAVING A RADIUS OF 672.91 FT THROUGH A CENTRAL ANGLE OF 68*20’09” 802.57 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS N55*48’37” E 755.84 FT, (11) N89*58’42” E 1190.53 FT TO THE E/L OF SEC 18 T9N R2W OF THE SLM. THENCE ALNG SD L S00*00’00” W 44.08 FT TO THE SE COR OF SD SEC, ALNG E/L OF SD SEC 19 S00*04’06” W 33.00 FT TO EXISTING SLY R/W OF THE BEAR RIVER RD AS DESCRIBED IN BK 611 PG 857,ALNG SD R/W N89*55’26” W 1,293.78 FT A POINT ON THE R/W OF SD PROJECT AND TO THE BEGINNIN OF A NON-TANGENT CURVE TO THE LEFT, ALNG SD R/W AND ALNG ARC OF SD NON-TANGENT CURVE HAVING A RADIUS OF 606.91 FT THROUGH A CENTRAL ANGLE OF 49*10’16” 520.85 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S55*35’27” W 505.01 FT TO THE EXISTING R/W OF THE BEAR RIVER RD DESCRIBED IN BK 611 PG 857, ALNG SD R/W S21 *37’50” W 2,495.58 FT TO THE E-W CENTERLINE OF SEC 19, S89*52’24” W 9.27 FT TO THE R/W OF SD PROJECT AND CONTINUING ALONG SD R/W THE FOLLOWING FIFTEEN COURSES; (1) S21*38’33” W 855.99 FT TO THE BEGINNING OF A CURVE TO THE RIGHT, (2)ALNG ARC OF SD CURVE HAVING A RADIUS OF 3,314.60 FT THROUGH A CENTRAL ANGLE OF 05*05’53” 294.93 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S24*11’3O” W 394.83, (3) S63*15’34” E 17.00 FT,(4) S26*44’26” W 167.47 FT, (5) N63*15’36” W 17.00 FT TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, (6) ALNG ARC OF SD NON-TANGENT CURVE HAVING A RADIUS OF 1,607.80 FT THROUGH A CENTRAL ANGLE OF 10*10’13” 285.39 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S21*39’19” W 285.02,(7) S16*34’13” W 170.54 TO BEGINNING OF A CURVE TO THE RIGHT,(8) ALNG ARC OF SD CURVE HAVING A RADIUS OF 3,314.60 FT THROUGH A CENTRAL ANGLE OF 05*04’20” 293.43 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S19*06’23” W 293.34 FT, (9) S21*38’33” W 645.87 FT (10) S68*21’27” E 17.00 FT, (11) S21 *38’33” W 196.90 FT, (12) N68*21’27” W 17.00 FT, (13) S21*38’33” W 235.35 TO BEGINNING OF A CURVE TO THE RIGHT, (14)ALNG ARC OF SD CURVE HAVING A RADIUS OF 672.91 FT THROUGH A CENTRAL ANGLE OF 39*49’45” 467.78 FT SD ARC SUBTENDED BY A CHORD WHICH BEARS S41 *33’26” W 458.41 FT, (15)S61*28’18” W 1,350.52 FT TO THE W/LOF SD SEC 30; ALNG SD LINE N00*21’37” E 75.38 FT TO POB. CONT 169.49 ACRES

(4) Township 9N, Range 2W map description.

(5) Section 20, Township 9N. Range 2W map description.

(6) Section 19, Township 9N, Range 2W map description.

(Prior Code, § 29.22.010) (Ord. 13-14, passed 4-18-2013)

§ 156.296 ENVIRONMENTAL CRITERIA.

(A) Air quality. Any land use in the North Shore development that produces emissions to the air shall, at a minimum demonstrate compliance with all state air quality standards, as evidenced by the issuance of any permits required for their emissions by the state.

(B) Water quality and watershed protection. Land uses in the North Shore Development Planned District shall be subject to any applicable requirements of the city source protection zones.

(1) Connection to the city sewer is required for all land uses, except as otherwise permitted by the city’s Waste Treatment Department under applicable provisions of the city code.

(2) If permitted by the City Council, following a recommendation by the city’s Waste Treatment Department and city’s Culinary Water Department, alternative sewage disposal systems shall be sited and constructed in accordance with applicable health regulations and standards of the city, the county and the state.

(D) Revegetation/erosion protection/runoff control. To the extent possible, plans for the development of the North Shore Development and actual construction of infrastructure and land uses shall provide for the preservation of existing vegetation; shall provide for appropriate, prompt revegetation or erosion protection measures; and shall provide for surface water runoff control in accordance with the city’s Public Works Standards and Technical Specifications or modifications thereto granted pursuant to the procedure for such modifications.

(1) Storm water created by the development shall be detained on the property and released according to standard engineering calculations and practices, except as such practices may be modified for the North Shore Development. Existing natural storm water drainage shall be allowed to follow the current natural drainage patterns. due to the unique setting and rural environment of the property, storm water management may be accomplished through the use of roadside swales and permeable basins allowing storm water to infiltrate into the ground. Design and construction of such storm water management features shall be subject to restrictions of the city’s source protection zones, if applicable.

(2) All developments shall minimize the area disturbed by construction activities at any given time.

(3) Buildings shall not be located on soils with severe limitations for any of the proposed uses, unless fully mitigated by appropriate design and construction techniques. Limitations on development may be due to any of a number of factors including the depth to bedrock or a water table, soil permeability, the soil’s propensity to shrink and swell and other factors.

(Prior Code, § 29.22.020)

§ 156.297 CRITICAL AREAS.

Development within critical areas, as defined in divisions (A) through (C) below, is prohibited.

(A) Geologic hazards. The development layout and design shall avoid areas which may be adversely affected by geologic hazards.

(1) This prohibition may be waived in cases where the developer demonstrates to the Planning Commission that the geologic hazard is fully mitigated by appropriate design and construction techniques.

(2) Geologic hazards include ground subsidence that may result from natural or human-made conditions and also any kind of seismic activity.

(B) Floodplains. All areas within a 100-year floodplain as mapped for the Federal Flood Insurance program, or as calculated by a qualified engineer, or where the prevailing or potential natural vegetation is riparian in nature, are declared to be critical to the maintenance of the North Shore Development’s hydrologic systems, fisheries and wildlife habitat. Development of floodplain areas has a significant potential to adversely affect wildlife, water quality and, if it modifies the floodway, adjoining, upstream and downstream properties, roads and other public facilities. Development in floodplain areas may also be constrained by a high water table which raises the cost of installing and maintaining utilities. Finally, floodplain development adversely affects all taxpayers through public expenditures to prevent or clean up flood damages.

(1) Development, other than open use recreation, shall be prohibited in areas that include 100- year floodplains. Structures shall not be permitted in a 100-year floodplain.

(2) Road and driveway crossings shall bridge over all 100-year floodplains. The installation of culverts for such purposes shall be minimized and is generally not appropriate.

(3) Where 100-year floodplain areas are modified any action that may increase flood hazards or adversely affect water quality or fisheries shall be avoided. Such actions may include, but are not limited to, stream channel modifications, the storage of floatable or potentially polluting materials and the construction of stream crossings.

(4) Plantings or natural areas (as opposed to scrap metal, junked vehicles or concrete slabs) shall be used where stream channels are required to be stabilized. Riprap may be utilized if approved in advance through the development review process and integrated with a planting plan.

(Prior Code, § 29.22.030)

§ 156.298 WATER AND WATER SUPPLY.

(A) For individual subdivisions and development proposals, the developer shall submit a site plan prepared by a professional engineer showing the property boundary with topography, proposed building envelopes and proposed public and private roads and streets. The submittal shall show infrastructure necessary to serve the proposed development with a water system designed in compliance with the Brigham City Public Works Standards and Technical Specifications, or applicable modifications thereto, to be dedicated to the city, serving all building lots. A publicly dedicated water system is necessary for the following purposes:

(1) To protect existing and future city water rights and water sources;

(2) To provide an efficient and reliable water source for fire prevention and suppression; and

(3) To provide development sites with an efficient and reliable source of water for culinary and other uses.

(B) All development shall be designed, constructed and maintained in compliance with applicable city source protection zones. Source protection restrictions must be binding on all heirs, successors and assigns. Any land use restrictions required to insure compliance with source protection restrictions must be recorded with the property description in the County Recorder’s office. Copies of this recording must be submitted to the city’s Culinary Water Department for review.

(Prior Code, § 29.22.040)

§ 156.299 SANITARY SEWER.

(A) (1) For individual subdivisions and development proposals, the developer shall submit a site plan prepared by a professional engineer showing the property boundary with topography, proposed building envelopes and proposed public and private roads and streets. The submittal shall show infrastructure necessary to serve the proposed development with a sanitary sewer system serving all building lots. A sanitary sewer system is necessary for the following purposes:

(a) To protect existing and future city water sources from contamination;

(b) To provide development sites with an efficient and reliable system for the treatment of sewage and waste water; and

(2) The system shall be designed in compliance with the Brigham City Public Works Standards and Technical Specifications, or applicable modifications thereto.

(B) Easements or rights-of-way required for sewer service by the city’s Waste Treatment Department shall be provided by all developments proposing public sewer systems prior to final subdivision plat or final development plan approval.

(C) Where the city sanitary sewer capital facilities plan calls for sewer main sizes through a development that are larger than necessary to serve the development, the larger main shall be installed in accordance with city policy.

(Prior Code, § 29.22.050)

§ 156.300 FIRE PROTECTION.

(A) Water infrastructure and water supply shall be in place and serviceable prior to any combustible construction.

(B) (1) The city’s Fire Department has established the acceptable emergency response time as ten minutes or less within the district. an acceptable response time to larger scale development may actually be less, as determined by the city’s Fire Department. (It must be realized that prevailing weather conditions, general topography, geographical diversities and unusual traffic conditions may inhibit Fire Department response times at any time of year.)

(2) In order to comply with an acceptable level of service standard, a developer may be required to provide appropriate fire protection infrastructure, including facilities, apparatus and equipment for the city’s Fire Department to comply with the appropriate level of service standard. In addition, approved fire sprinkler and suppression systems may be required by the Fire Marshal in conjunction with other appropriate mitigation measures, which must be approved by the Fire Marshal, to comply with the required level of service standard.

(3) If the city’s Fire Marshal determines that a desired level of service cannot be provided to a proposed development, the developer shall prepare and submit a fire protection mitigation plan to the Fire Marshal for review and approval. This plan shall address the measures that will be used to comply with the intent of the level of service standard, and the timing/phasing in which such measures will be provided. An acceptable mitigation plan shall be approved by the city’s Fire Marshal before a final subdivision plan or final site plan approval is granted. Failure of a developer to provide an acceptable plan may be cause for denial of a development application by the city.

(C) (1) All proposed new subdivisions or developments will be analyzed and rated for wildfire risk using the fire hazard severity scale developed by the state’s Division of State Lands and Forestry. All of these factors can vary from development to development. The composite score will categorize the hazard level of the proposed development. Once a proposed subdivision or development has been classified as to its hazard level, development standards for each level can be used by the city’s Fire Marshal to guide fire protection and wildfire prevention measures. This rating shall be submitted to the city at the initial stage of a subdivision application, as required by the Fire Marshal, or as otherwise required in the processing of development permits for any proposed development. The rating scale is based on five separate factors:

(a) Slope: this factor is displayed as a percentage. It is calculated by measuring the vertical distance and horizontal distance for a given area, and dividing the vertical by the horizontal;

(b) Aspect: this factor is the cardinal direction in which the surface of the ground faces;

(c) Response time of fire agency: this factor is measured in minutes it takes the nearest responsible fire agency to respond to a fire in a given area;

(d) Type of vegetation: this factor is categorized by fuel types. Rates of spread, resistance to control and potential to cause structural damage are the criteria for rating severity; and

(e) Vegetation density: this factor is considered the total combustible vegetation that may be available as a fuel for wildfire.

(2) (a) Hazardous fuels in the form of native vegetation will be cleared around structures and around the perimeter of the development to assist in wildfire prevention measures. This fuel break is not intended as a complete vegetation clearing fire break. Fuel breaks must be in place prior to occupancy of the structure.

(b) The definition of a fuel break by the state’s Division of Lands and Forestry is “a change in fuel continuity, type of fuel or degree of flammability of fuel in a strategically located parcel or strip of land to reduce or hinder the rate of fire spread”.

1. Grasses within 30 feet of structures shall be mowed to four inches or less;

2. Ground litter shall be removed annually;

3. Over mature, dead and dying trees shall be evaluated as to their potential to ignite and to carry fire and possibly will be removed;

4. Fuel breaks may contain individual tree specimens, ornamental plants or other similar vegetation used as ground cover; provided, they will not provide a means of transmitting wildfire from native vegetation to structures; and

5. Fire resistive vegetation shall be planted in the fuel breaks to prevent undue soil erosion.

(d) A maintained fuel break easement around the perimeter of any development shall be dedicated in favor of the city and shall be shown on the final recorded subdivision plat of a subdivision or the final approved site plan of a development not requiring subdivision. The easement shall be recorded by separate deed for development plans not requiring subdivision of land. Fuel breaks must be maintained by the landowners and a requirement for such maintenance shall be included as a stipulation in private covenants recorded as part of any subdivision plat approval. In subdivisions, planned unit developments, or other developments where a homeowners’ or other association of property owners is created, such association shall be responsible for monitoring of the fuel break easement. private covenants for the subdivision, planned unit development, or other development shall include language enabling the homeowners’ or other property owners’ association to budget for and provide fuel break maintenance services around the perimeter of the development boundary.

(e) The following chart identifies fuel break clearing limits around structures and development perimeters based on the wildfire hazard rating:

Type	Moderate	High	Extreme
Development perimeters	None	75 feet	100 feet
Structures	30 feet	50 feet	100 feet

(D) Certification of compliance with adopted service levels and standards of the city’s Fire Department, shall occur prior to final site plan approval, or in the case of a single-family dwelling unit or any use approved as a conditional use or a permitted use, before a building permit is issued for such development.

(E) Fire hydrants, water line sizes, water storage for fire protection and minimum flow for fire protection shall be determined by using the standards of the Insurance Services Office, which are known as the fire system grading standards and the city’s Public Works Standards and Technical Specifications. In no case shall minimum fire flow be less than 1,000 gallons per minute for a period of two hours, unless otherwise permitted herein, or as approved by the Fire Marshal.

(F) (1) All recorded subdivision plats for the North Shore Development shall include the following note. In developments not requiring subdivision of land, an affidavit containing the following note shall be recorded against the subject property in the County Recorder’s office.

(2) The property owner acknowledges that he or she is building in a rural environment adjacent to lands managed primarily for natural values including wildlife habitat and agriculture. As such, the property owner is on notice that public services in the area are subject to the constraints inherent to such environments.

(3) Emergency response time may be longer than it is in more accessible areas, and access by emergency vehicles may be impeded at times due to weather and road conditions. The owner understands and acknowledges that wildfire risks are higher in the North Shore Development than in other areas of the city. By this notice, the property owner assumes the risk of occupancy as outlined above.

(Prior Code, § 29.22.060)

§ 156.301 TRANSPORTATION INFRASTRUCTURE AND ACCESS DESIGN.

(A) Access.

(1) All points of access to existing city roads or streets shall meet the standards set forth in the Brigham City Public Works Standards and Technical Specifications, or applicable modifications thereto. The design and construction of turn lanes, merging lanes, traffic signs or signals and other improvements required to make access points conform to city standards shall be the responsibility of the developer.

(2) Development plans shall provide for the dedication of any rights-of-way which are within, but will not serve a development, and which are determined by the Planning Commission or City Council to be necessary to effectively link the proposed development with future major roads or future developments or to prevent the “landlocking” of adjoining properties or to provide the best possible long-term circulation pattern.

(B) Road infrastructure design.

(1) The design and construction of all roads in the North Shore Development shall be in accordance with the Brigham City Public Works Standards and Technical Specifications, as modified for the North Shore Development.

(2) Roads on soils having low bearing strengths, high shrink-swell potentials or high frost heave hazards may be required, upon recommendation of the City Engineer, to be constructed to specifications more demanding than those required on other sites.

(1) Cul-de-sacs are discouraged and shall only be permitted where they are identified on the General Development Plan or subsequent development plans.

(2) The maximum length of a cul-de-sac on any non-rural designated road, as designated on the General Development Plan or subsequent development plans shall be 600 feet.

(3) The maximum length of a cul-de-sac on a rural designated road, as designated on the General Development Plan or subsequent development plans shall be as follows, unless the Fire Marshal agrees to other lengths. The length of these cul-de-sacs shall be based on the wildfire hazard rating of the surrounding area.

Wildfire Hazard Rating	Maximum Length
Moderate	1,200 feet
High	900 feet
Extreme	500 feet

(4) The cul-de-sac shall not be less than 60 feet in diameter, or as required by the Fire Marshal and City Engineer.

(5) A hammerhead cul-de-sac design may be allowed at the discretion of the Fire Marshal.

(6) All cul-de-sacs must include signage indicating that the road is a dead end road within 50 feet of the outlet.

(D) Bridges and culverts. Bridges and culverts shall be constructed to support a gross vehicle weight of 40,000 pounds and shall have vehicle load limits posted. Permanent culverts shall be installed at all intermittent and perennial stream crossings. Specifications for bridges, culverts and other stream crossing devices shall take into account at least the 25-year frequency storm and upstream debris hazard. If the development is within a 100-year floodplain, then 100-year frequency storm shall be used in drainage design.

(E) Traffic control and street signage.

(1) All roads will be designated with road names and signs will be installed at each major road intersection. All lots and/or home sites will be visibly signed with street addresses and numbered as such. Emergency access roads shall be clearly identified.

(2) All roads shall be named or numbered in accordance with the city’s addressing system and road identification signs in accordance with city standards and specifications. All permitted occupied structures shall post addresses prior to occupancy.

(3) The developer shall be responsible for the expense of constructing and placing traffic- control signs, as follows.

(a) Stop signs shall be placed at all intersections of arterials; of collectors and arterials; and when appropriate as determined by the City Engineer, local streets/roads and collectors.

(b) Yield signs shall be required at the intersection of all other streets and roads when determined by the Streets Department.

(F) Snow removal and road maintenance on private roads. Snow removal and road maintenance on private roads will be the responsibility of the respective property owner or homeowners’ association and will be noted as such on the recorded plat of any subdivision which includes private streets. The CC&Rs for the development shall include enforcement language for mandatory budgeting by the association to provide snow removal and road maintenance services. When no homeowners’ association exists, snow removal shall be the responsibility of the owner of the private street.

(G) Pedestrian access.

(1) Sidewalks, pedestrian walkways or non-motorized trails shall be provided for internal pedestrian, bicycle and/or equestrian circulation within developed portions of the North Shore Development.

(2) Sidewalks, walkways, and trails shall be designed and constructed in accordance with the Brigham City Public Works Standards and Technical Specifications, as modified for the North Shore Development.

(H) Public utilities.

(1) All utilities shall be placed underground unless the City Council, following recommendation by the City Planning Commission, with input from the affected utility, determines that special conditions exist, other than cost, which should permit the utility to be installed above ground.

(2) Natural gas service may be installed at the developer’s option. Propane use must conform to all applicable provisions of the Uniform Fire Code.

(3) Rights-of-way or easements shall be provided as required by the utilities serving the proposed development.

(4) Underground utility services shall be installed extending into private property to a distance 15 feet feet from the property line of each lot before roads are surfaced.

(I) Coordination with Box Elder School District. All developments proposing residential uses shall coordinate such development proposals with the Box Elder School District. All residential developments where public maintenance is anticipated shall provide adequate school bus loading and turn-around areas, as evidenced by a written statement from the Box Elder School District.

(Prior Code, § 29.22.070)

§ 156.302 SPECIAL SITE DESIGN REQUIREMENTS.

These criteria serve the public interest by requiring that the design of developments in the North Shore Development are compatible with the natural, rural environment and characteristics of their setting and with the image of the area which the city seeks to promote; helping to reduce the potential for land use conflicts by encouraging the protection of privacy and scenic views; and protecting the integrity of the Bear River Migratory Bird Refuge.

(A) Clustering of homes is encouraged to allow for reduced infrastructure costs for roads, driveways and water and sanitary sewer systems when compared with conventional design, and promote the visual integrity of development as viewed from within the development.

(B) Development in the North Shore Development Planned District shall be integrated in a manner that is consistent with the city’s General Plan and the General Development Plan for the North Shore Development. Integration shall be accomplished through, among other things, pedestrian and vehicular circulation, visual, open space and other linkages and design techniques. A piecemeal approach to planning and development, where individual development parcels are designed and constructed without adequate integration opportunities with surrounding areas, will not be permitted.

(C) Outbuildings, barns and associated corrals intended for the keeping and use of horses shall be located in the rear yard not closer than 60 feet from the rear plane of the house.

(Prior Code, § 29.22.080)

§ 156.303 LIGHTING REGULATIONS.

(A) Purpose.

(1) Generally. The general purpose of this section is to protect and promote the public health, safety and welfare, the quality of life and the ability to view the night sky, by establishing regulations and a process of review for exterior lighting.

(2) Specific regulations. This section establishes standards for exterior lighting in order to accomplish the following:

(a) To protect against direct glare and excessive lighting;

(b) To provide safe roadways for motorists, cyclists, pedestrians and equestrians;

(c) To provide for adequate lighting to protect public safety and security of residents of the North Shore Development Planned District;

(d) To protect and reclaim the ability to view the night sky, and help preserve the quality of life of the North Shore Development Planned District residents;

(e) To preserve the quality of the experience of tourists visiting the Bear River Migratory Bird Refuge and other adjacent wildlife areas;

(f) To protect the integrity of wildlife habitat at the Bear River Migratory Bird Refuge and other adjacent wildlife areas;

(d) To prevent light trespass in all areas of the North Shore Development Planned District;

(f) To promote efficient and cost effective lighting;

(g) To allow for flexibility in the style of lighting fixtures;

(h) To provide lighting guidelines;

(i) To provide assistance to property owners and occupants in bringing non-conforming lighting into conformance with this section; and

(j) To work with Box Elder County to promote the purposes of this chapter.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CUT-OFF ANGLE (OF A LUMINAIRE). The angle, measured up from the nadir, between the vertical axis and the first line of sight at which the bare source is not visible.

FOOT-CANDLE. A unit of illuminance amounting to on lumen per square foot.

FULLY SHIELDED.

(a) Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixtures at angles above the horizontal plane.

(b) This means that the shield is not flush or parallel with the light source or bulb.

GLARE. The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility.

ILLUMINANCE. The quantity of light, or luminous flux, arriving at a surface divided by the area of the illuminated surface, measured in lux or foot-candles.

INSTALLED. The initial installation of outdoor light fixtures defined herein, following the effective date of this subchapter, but shall not apply to those outdoor light fixtures installed prior to such date.

LIGHT TRESPASS. Light emitted by a lighting installation that falls outside the boundaries of the property on which the installation is sited. (Also called SPILL LIGHT.)

LUMEN. A unit of measurement.

LUMINANCE. The physical quantity corresponding to the brightness of a surface (e.g., a lamp, luminaries, sky or reflecting material) in a specified direction. It is the luminous intensity of an area of the surface divided by that area.

LUMINAIRE. A complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.

LUX (lx). The SI unit of illuminance. One LUX is one lumen per square meter.

OBTRUSIVE LIGHT. Spill light which, because of quantitative, directional or spectral context, gives rise to annoyance, discomfort, distraction or a reduction in the ability to see essential information.

OUTDOOR LIGHT FIXTURES. Outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to search, spot or flood lights for:

(a) Buildings and structures, including canopies and overhangs;

(b) Recreational areas;

(d) Landscape lighting;

(e) Signs;

(f) Street lighting; and

(g) Display and service areas.

SPILL LIGHT. Light emitted by a lighting installation that falls outside the boundaries of the property on which the installation is sited. (Also called LIGHT TRESPASS.)

(C) Approved materials and methods of installation. The provisions of this section are not intended to prevent the use of any material or method of installation not specifically prescribed by this section provided any such alternate has been approved. The Planning Commission may approve any such alternate; provided that, the proposed design, material or method provides approximate equivalence to the specific requirements of this section, or is otherwise satisfactory and complies with the intent of this section.

(1) Shielding. All outdoor light fixtures except those exempted by division (F) below and those regulated by division (C)(2) below shall be fully shielded as required in division (C)(2) below.

(2) Requirements for shielding. The requirements for shielding light emissions from outdoor light fixtures shall be as set forth herein. Shielding of sign, landscape or building facade lighting shall be set forth in divisions (D)(1) and (E)(6) below. Vegetation shall not be considered as a shield.

Requirements for Shielding
Fixture lamp type	Shielded
Fluorescent3	Fully
Fossil fuel	None
Glass tubes filled with neon, argon, krypton5	None
High pressure sodium	Fully
Incandescent greater than 100W	Fully
Low pressure sodium1	Fully
Mercury vapor	Not permitted
Metal halide2	Fully
Quartz4	Fully
Notes to table: 1: This light source is monochromatic and is the most energy efficient of all. It is a possible choice when used with a quality fixture that controls the light output. LPS lighting should be mixed with another light source for color rendering 2: Metal halide lamps shall be in enclosed luminaries 3: Warm white natural lamps are preferred to minimize detrimental effects 4: For the purposes of this section, quartz lamps shall not be considered an incandescent light source 5: Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding

(D) On-site lighting.

(1) Direction. Building/wall mounted and free-standing exterior area lighting shall be directed down and fully screened away from adjacent properties. Sign, landscape and building facade luminaires that are non-cutoff shall be equipped with glare shields, visors, barn doors or similar shielding accessories that restrict direct illumination to within the perimeter of the object being illuminated:

(a) Building mounted lighting, plaza lighting, open space lighting, parking lot lighting and landscape lighting: the top of such fixtures shall not exceed 30 feet in height from grade (including the pole base); and

(b) Recreational field lighting: shall be exempt from the height requirement.

(2) Details. Details of all commercial exterior lighting installations require approval by the city’s Planning Commission prior to installation.

(3) Lighting alternatives. Other lighting alternatives that meet the intent of items above may be used with prior written approval from the city’s Planning Commission.

(E) Prohibitions.

(1) Recreational facility. No public outdoor recreational facility shall be illuminated after 11:00 p.m., except to conclude any recreational or sporting event or other activity conducted at a ball park, outdoor amphitheater, arena or similar facility in progress prior to 10:30 p.m. No private outdoor recreation facility shall be illuminated after 10:00 p.m.

(2) Outdoor building, landscaping and signs. The unshielded (per division (E)(6) below) outdoor illumination of any building or landscaping is prohibited, except with incandescent fixtures with lamps of 100 watts or less. Free-standing advertisement signs with internal lighting are permitted. All illuminated outdoor advertising signs shall be equipped with an automatic time controller that prevents the operation of the lighting fixtures between the hours of 11:00 p.m. and sunrise. Businesses open 24 hours a day are exempt from this curfew.

(3) Mercury vapor. The installation of mercury vapor fixtures is prohibited.

(4) Searchlights. Searchlights used for advertising or entertainment purposes are prohibited past 10:00 p.m.

(5) Light trespass, deemed nuisance. Outside lighting such as lamps, bulbs, lights and all other devices for producing artificial light which shine or reflect light onto or into a neighboring residence or property so as to annoy or disturb the persons inhabiting or using such property is hereby declared to be a nuisance and is unlawful and prohibited.

(a) Investigation and enforcement by the city of violations of this section shall be only upon written complaint signed and submitted by the aggrieved complaining party. The maximum maintained illuminance levels permitted at property lines is set forth herein.

Maximum Footcandles at Property Lines
Application	Horizontal Footcandles Measured At Grade
Property line adjoins a public roadway or public right-of-way	0.5 footcandles
Property line adjoins a non-residential property	0.3 footcandles
Property line adjoins a residential property	0.1 footcandles

(6) Upward lighting, signs. All upward-directed sign building or landscaping lighting is prohibited, unless equipped with glare shields, visors, barn doors or similar shielding accessories that restrict direct illumination to within the perimeter of the object being illuminated.

(7) Flood lights, spotlights. Any unshielded (per division (E)(6) above) flood light or spot light must be aimed no higher than 45 degrees above straight down.

(8) Cut-off wall packs. Non cut-off wall packs are prohibited.

(9) Drop lenses. Drop lenses that change a luminaire from cutoff to non-cutoff are prohibited.

(10) Tilting. Tilting of existing or new fixtures that change a cutoff fixture to non-cutoff is prohibited.

(F) Exemptions.

(1) Non-conforming fixtures. Outdoor light fixtures installed prior to the effective date of this section are exempt from the provisions of this section; provided, however, that, no change in use, replacement, structural alteration or restoration of outdoor light fixtures shall be made unless it thereafter conforms to the provisions of this section. Routine maintenance activities shall be allowed and include the following: replacement of lamps, replacement/repair of damaged or inoperative luminaire components such as ballasts, igniters, lenses, reflectors, refractors, sockets or photo cell controls.

(2) Fossil fuel light. Fossil fuel light produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels is exempt from the provisions of this section.

(3) Special conditions. For street lighting in a right-of-way, the City Council may grant an exemption to the requirements of this section.

(4) Construction lighting. Lighting necessary for construction is exempt from the provisions of this section; provided, said lighting is temporary and is discontinued immediately upon completion of the construction work.

(5) Emergency lighting. Emergency lighting by police, fire and rescue authorities is exempt from this section.

(6) Holiday lighting. Holiday lighting is exempt from this section.

(G) Applications (commercial uses only). Any person applying for a building, electrical or sign permit to install outdoor lighting fixtures shall, as a part of said application submit evidence that the proposed work will comply with this section. The application shall contain, but shall not be limited to, the following:

(a) Plan. Plans indicating the location of the premises, and the type of illuminating devices, fixtures, lamps, supports other devices;

(b) Lumination descriptions. Descriptions of the illuminating devices, fixtures, lamps, supports and other devices. This description shall include but is not limited to manufacturer’s catalog cuts, footcandle plots (in tenths, example: 0.3), and drawings including sections where required. Footcandle plots shall include listings of average, maximum, minimum, maximum/minimum, average/minimum values, as well as plots; and

(c) Evidence. The above required plans and descriptions shall be sufficiently complete to enable the City Engineer to readily determine whether compliance with the requirements of this section will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab.

(H) Issuance of permit for lighting on private property. The requirements of this section shall be incorporated into any design review, conditional use review, building permit review or other such land use approvals granted by the City Council, City Redevelopment Agency, Planning Commission or Community Development Department.

(I) Maximum lighting levels. All installations are allowed to meet the Illumination Engineering Society of North America minimum standards, plus 30%, maximum.

(Prior Code, § 29.22.090)

§ 156.304 CONFLICTS AND SEVERABILITY.

(A) Conflict. Whenever regulations in this subchapter conflict with other provision of the city code, the provisions of this subchapter shall govern. Whenever regulations of other provisions of the city code address matters that are not addressed by this subchapter, then said other provisions shall govern.

(B) Severability.

(1) This subchapter and the various parts, sections and clauses are hereby declared to be severable. If any part, section, paragraph, sentence, clause or phrase is adjudged to be unconstitutional or invalid, it is hereby declared that the remainder of the subchapter shall not be affected thereby.

(2) The City Council hereby declares that it would have passed this subchapter on each part, section, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more portions thereof be declared invalid.

(Prior Code, § 29.22.100)