The purpose of the Sensitive Land Overlay (SLO) is to:

A.

Plan for and require dedicated Open Land in aesthetically and environmentally sensitive areas;

B.

Encourage preservation of large expanses of Open Land with wildlife habitat;

C.

Cluster development while allowing a reasonable use of property;

D.

Prohibit development on Ridgeline, Steep Slopes, and Significant Wetlands; and

E.

Protect and preserve environmentally sensitive areas, entry corridors and historic Main Street.

1.

Applicability. For the purposes of this Chapter, any development, development activity or use located within Sensitive Lands, as defined in Section 18-030, must satisfy the requirements herein.

a.

Annexations. Whenever an Annexation Petition is presented to the City, the applicant shall be required to provide a Sensitive Lands Analysis which may require varying levels of detail based upon existing conditions of the site. The Sensitive Lands will be determined from a Sensitive Lands Analysis pursuant to Section 18-050. The analysis may lead to the designation of additional sensitive land areas which may not have been previously identified.

The application review process has four (4) primary steps:

A.

Sensitive Lands Analysis. Applicants for development within the SLO Zone must identify the Property's sensitive environmental and aesthetic areas such as Steep Slopes, Ridgelines, Wetlands, Floodplains, Stream Corridors, Wildland-Urban Interface, and Wildlife Habitat areas and provide, at time of application, a Sensitive Lands Analysis.

B.

Application of Overlay Zone Regulations. Regulatory standards apply to the type of Sensitive Lands delineated.

C.

Site Development Suitability Determination. City Staff shall review the Sensitive Lands Analysis, apply the applicable Sensitive Lands Regulations (Section 18-050(A) through 18-050(I)) and prepare a report to the Applicant and the Planning Commission identifying those areas suitable for development as developable land.

D.

Hardship Relief. If the Applicant demonstrates that these regulations would deny all reasonable use of the property, the City Council may modify the application of these regulations to provide the applicant reasonable use of the property pursuant to Section 18-110.

The Sensitive Lands Overlay (SLO) Zone includes, but is not limited to:

A.

Drainageways, floodplains, lake shores, water shed and recharge areas.

B.

Water spring and well source protection zones, including the Icy Springs Protection Plan incorporated herein by reference.

C.

Entry corridors, historic Main Street, and important vantage points as determined by the City Staff, Planning Commission and City Council.

D.

Landfills, active or inactive.

E.

Natural or environmentally hazardous areas.

F.

Scenic view sheds, hillsides, and ridgelines.

G.

Slopes greater than fifteen percent (15%).

H.

Unique natural features such as dense tree or shrub stands, rock outcroppings, ponds or springs and historic features.

I.

Stream corridors.

J.

Wetlands.

K.

Wildlife habitat and fisheries.

For the purposes of this Chapter, certain unique terms and words used herein shall be used, interpreted, and defined as set forth in this section.

Compatible. A development is compatible with an existing development or property if its architectural features, building height and materials, approved uses, intensity of such use and other features are complementary and do not have a significant adverse economic and aesthetic impact on existing development or property.

Crest of Hill. The highest point on a hill or steep slope as measured continuously throughout the property. Any given property may have more than one (1) hill crest.

Critical Wildlife Habitat. Specific geographic areas that contain features essential to the conservation of an endangered or threatened wildlife species and that may require special management and protection.

Development Code. The Coalville City Development Code, as adopted and amended.

Maximum Extent Feasible. Means no reasonable or practical alternative exists, and all possible planning to minimize potential impacts has been undertaken.

Open Space (Land). Shall have the meaning set forth in Chapter 2-Definitions of this Code.

Ordinary High-Water Mark. The line on the bank to which the high water ordinarily rises annually in season as indicated by changes in the characteristics of soil, vegetation or other appropriate means which consider the characteristics of the surrounding areas. Where the ordinary high-water mark cannot be identified, the top of the channel bank shall be the high-water mark.

Qualified Professional. A professionally trained person with the requisite academic degree, experience, and professional certification or license in the field or fields relating to the subject matter being studied or analyzed.

Ridgeline.The natural crest of a hill or mountain as viewed from major roads.

Significant Wetland. Wetlands which occupy a surface area greater than 1/10 acre or are associated with permanent surface water, riparian vegetation and soils, or which are adjacent to or contiguous with a stream corridor as identified by the Army Corps of Engineers, Soils Conservation Service, or other applicable state or federal agency.

Slope. The level of inclination of land from the horizontal is determined by dividing the horizontal run of the slope into the vertical rise of the same slope and converting the resulting figure into a percentage value.

Steep Slope. Slopes greater than fifteen percent (15%).

Stream. Water Courses, excluding ditches and canals constructed for irrigation and drainage purposes, that flow year-round.

Stream Corridor. The corridor is defined by the stream's ordinary high-water mark and riparian vegetation boundary.

Wildland-Urban Interface Zone. A wildland-urban interface (or WUI) refers to the zone of transition between unoccupied land and human development. Developed areas that are within 0.5 miles of the zone may also be included.

Any applicant proposing development within the SLO Zone as defined in Section 18-030 must submit a Sensitive Lands Analysis performed by a qualified professional that addresses all the following information:

A.

Slope/Topography Map. A slope and topographic map depicting contours at an interval of five feet (5') or less. The map must highlight areas of high geologic hazard, areas subject to land sliding, and all significant steep slopes in the following categories:

1.

Greater than fifteen percent (15%), but less than thirty percent (30%);

2.

Thirty percent (30%) and greater.

B.

Ridgeline Areas. A map depicting all crests of hills and ridgeline areas.

C.

Vegetative Cover. A detailed map of vegetative cover, depicting the following:

1.

Deciduous trees;

2.

Coniferous trees;

3.

Gamble oak or high shrub; and

4.

Sage, grassland, and agricultural crops.

The City may require a more detailed tree/vegetation survey if the site has unusual or significant vegetation, stands of trees, or woodlands.

D.

Designated Entry Corridors, Scenic Viewsheds and Vantage Points. Entry corridors, scenic viewsheds and vantage points within or adjacent to the project site shall be identified in the analysis. Entry corridors shall include the following:

1.

The area between I-80 and the rail trail to the east, and the area west of I-80 to the Weber River.

2.

Five hundred fifty feet (550') from the centerline of 100 South and two hundred fifty feet (250') from the center line of Main Street and Chalk Creek Road and Border Station Road to the City limits.

3.

Scenic view sheds and designated vantage points shall be determined by the Planning Commission after a recommendation from the City Staff at the time of Concept Plan review.

E.

Wetlands. A map delineating all Wetlands established by using the 1987 Federal Manual for Identifying and Delineating Jurisdictional Wetlands, as amended.

F.

Floodplains. A map delineating all property which lies within Zone A of the FEMA Flood Zone Designations.

G.

Streams, Canals, and Irrigation Ditches. A map delineating all stream corridors, canals, and irrigation ditches, defined by the Ordinary High-Water Mark.

H.

Wildlife Habitat Areas. A map depicting all wildlife habitat areas, as defined by a Wildlife Habitat Report. The Wildlife Habitat Report shall be prepared by a qualified professional in ecology, wildlife biology, or other relevant disciplines and describe the following:

1.

The ecological and wildlife use characterization of the property explaining the species of wildlife using the area, the times or seasons the property is used by those species, and the value, e.g. feeding, watering, cover, nesting, roosting, or perching, that the property provides for such wildlife species;

2.

The existence of critical wildlife movement corridors;

3.

The existence of special habitat features, including key nesting sites, feeding areas, calving or production areas, use areas for migrant song birds and grassland birds, fox and coyote dens, deer and elk winter concentration areas, as identified by the Utah Division of Wildlife, and areas of high terrestrial or aquatic insect diversity;

4.

Areas inhabited by or frequently utilized by any species identified by state or Federal agencies as Threatened or Endangered;

5.

The general ecological functions provided by the property and its features;

6.

Potential impacts on these existing wildlife species that would result from the proposed development.

I.

Additional Information Requirements. The City may require the applicant to submit the following additional information, as applicable:

1.

Visual Assessment. A visual assessment, including photographic simulations, of the property from vantage points designated by the Planning Commission, depicting conditions before and after the proposed development, including the proposed location, size, design, landscaping, and other visual features of the project.

2.

Soil Investigation Report. A soil investigation report, including but not limited to shrink-swell potential water table elevation, general soil classification and suitability for development, erosion potential, hazardous material analysis, and potential frost action. The soils report shall indicate whether the property is within a water source protection zone.

3.

Geotechnical Report. A geotechnical report which must include the location of major geographic and geologic features, the depth of bedrock, structural features, folds, fractures, etc., and potential land slide and other high-hazard areas.

4.

Additional Slope Information. If the size of the proposed development and visual sensitivity of the site dictate, the City may require the applicant to submit a slope/topographic map depicting contours at an interval of two feet (2').

5.

Fire Protection Report. A fire protection report that identifies potential Wildland Urban Interface areas. Analysis must include fire hazards, mitigation measures, access for fire protection equipment, existing and proposed fire flow capability and compliance with the International Wildland Urban Interface Code and the Summit County Wildfire Protection Plan.

6.

Hydrological Report. A hydrological report, including information on groundwater levels, drainage channels and systems, and base elevations in floodplains.

7.

Agricultural Analysis. An Agricultural Impact Analysis addressing the items in Section 29-040 may be required to determine the impacts on important agricultural areas. This analysis must address the effects of land use changes on vegetation, irrigation systems, range and crop land quality, weed control, agricultural accesses and rights-of-way, and fire concerns.

City Staff shall review the information presented in the Sensitive Lands Analysis and provide a recommendation to the Planning Commission determining and delineating all Sensitive Lands on the development property.

A.

Waiver/Modification of Analysis and Report Requirements. Based upon a preliminary assessment of the development proposal and a site field inspection, the Planning Commission and/or City Council may modify or waive any of the sensitive lands analysis requirements upon a determination and recommendation from City Staff that the information is not necessary for a full and adequate review of the development or is sufficient at a reduced level of detail.

The following provisions shall apply to all Sensitive Lands identified on the development property from the Sensitive Lands Analysis:

A.

Slope and Soil Protection. The requirements in this section are in addition to the regulations found elsewhere in this Code. In the event of a conflict, the stricter regulation shall apply.

1.

Intent. The intent of these regulations is to protect the visual integrity and environmental sensitivity of hillsides slopes and soils. This shall be accomplished by minimizing the visual and environmental impacts of development through careful site design and planning that maximizes the amount of open land, protects existing vegetation, avoids cut and fill and unsuitable soils, minimizes erosion, recognizes the need for water conservation and locates development on the least visually sensitive area of the property.

2.

Prohibitions. No development shall be allowed on slopes exceeding thirty percent (30%), lands subject to land sliding, regular flooding, soils deemed unsuitable for development, including land fill and mine shaft areas, and other high-hazard geological areas, as determined by a geotechnical or soils report prepared pursuant to Section 18-050 herein.

3.

Cut and Fill Slopes. Cutting and filling to create additional or larger building sites shall be avoided to the maximum extent feasible. All proposed grading shall be reviewed by City Staff to ensure minimum visual impact and geotechnical safety. Cut and fill slopes shall be limited to a three-to-one (3:1) slope or less. All graded slopes shall be re-contoured and re-vegetated to the natural, varied contour of the surrounding terrain.

4.

Streets. Street construction on hillsides can be the most visually disruptive impact of a development. Development in some areas may not be appropriate if access roads cannot be constructed without causing significant visual impacts. The following standards apply for streets and roads, public and private that are proposed to be constructed on steep slopes:

a.

Streets that cross slopes of thirty percent (30%) or greater shall not be allowed, except that a short run of not more than one hundred feet (100') across slopes greater than thirty percent (30%) may be allowed by the City if such streets will not have significant adverse visual, environmental, or safety impacts.

b.

Where streets are proposed to cross slopes greater than fifteen percent (15%), the following standards shall apply:

i.

Evidence must be presented that such streets will be built with minimum disturbance and environmental damage within acceptable public safety parameters.

ii.

Streets shall, to the maximum extent feasible, follow contour lines, preserve the natural character of the land, and be screened with trees or vegetation and the existing terrain.

iii.

Cutting and filling shall be held to a minimum and retaining walls shall be employed to help provide planting areas conducive to revegetation. Revegetation plans will be required for all areas disturbed by street construction.

5.

Retaining Walls. Use of retaining walls may be encouraged to reduce the steepness of man-made slopes and provide planting pockets conducive for revegetation. The use, design, and construction of all retaining walls shall be subject to the approval of the City based upon assessment of visual impact, compatibility with surrounding terrain and vegetation, and safety considerations.

6.

Landscaping and Revegetation. To mitigate adverse environmental and visual effects, slopes exposed in new development shall be landscaped or revegetated in a manner acceptable to the City. Topsoil from any disturbed portion of a steep slope shall be preserved and utilized in revegetation. Fill soil must be of a quality to support native plant growth.

7.

Location of Development. Any development permitted in steep slope areas pursuant to this section shall be located in such a manner to reduce visual and environmental impacts to the maximum extent feasible. To determine the most appropriate location for development, the City shall require the applicant to conduct a visual and environmental analysis considering visual impact from key vantage points, potential for screening, location of natural drainage channels, erosion potential, vegetation protection, access, and similar site design criteria. Based upon the analysis, the City may require any one (1) or a combination of the following mitigation measures:

a.

Clustering of development.

b.

Dispersal of development.

c.

Transfer of development density to non-sensitive or less sensitive portions of the site.

B.

Ridgeline Protection.

1.

Intent. The intent of these provisions is to protect the unique visual and environmental character of all ridgelines to ensure that development near ridgeline areas blend in rather than interrupts or modifies the natural contour elevations of these landforms. Significant ridgeline areas should be retained in a natural state, and development should be sighted in such a manner so as not to create a silhouette against the skyline or mountain backdrop as viewed from designated vantage points or major roads.

2.

Minimum setback. No building, roof or other appurtenant device, except antenna structures, including mechanical equipment, on any building may visually intrude on ridgelines as viewed from designated vantage points or major roads as determined by a visual assessment.

C.

Entry Corridor Protection.

1.

Intent. The intent of these provisions is to protect the visual image of Coalville as people enter the community. The City desires to maintain the visual character, small-town atmosphere and charm of all designated entry corridors by eliminating or mitigating visually obtrusive development and ensuring that significant portions of integrated open land remains intact.

2.

Applicability to future annexed properties. Submission of an annexation petition shall require the applicant to identify relevant sensitive lands pursuant to Section 18-050 herein of any affected entry corridor areas for designation by the City.

3.

Design Standards. A visual assessment showing proposed development layout including building design, colors and materials, landscaping, exterior lighting and signing, shall be required for all entry corridor developments.

a.

All development within an entry corridor shall comply with the design standards contained in Section 18-090 and the Multi-family and Affordable Housing Design Guidelines and Architectural Design Guidelines, incorporated herein by reference.

b.

Development will not be approved within an entry corridor that will become the prominent visual feature in the view shed, particularly when surrounded by existing open lands.

D.

Wetlands, Lake Shores, Stream or River Corridors, Floodplains and Drainageways.

1.

Intent. Wetlands, lake shores, stream(s) and river channel corridors, floodplains and drainageways provide important hydrologic, biological and ecological, aesthetic, recreational, and educational functions. The following requirements and standards are intended to promote, preserve and enhance these valuable resources and avoid adverse effects and potentially irreversible impacts.

2.

Prohibited Activities. No person shall engage in any activity that will disturb, remove, fill, dredge, clear, destroy or alter any areas, including vegetation within wetlands, lake shores, stream or river corridors, floodplains, drainageways and their respective setbacks, except as may be expressly allowed herein.

3.

Boundary Delineation. The applicant shall provide delineations as follows:

a.

Wetlands delineation shall be established using the methods of the 1987 Army Corp of Engineers Manual for Identifying and Delineating Jurisdictional Wetlands, as amended.

b.

Lake shores, stream corridors and drainageways shall be delineated at the ordinary high-water mark and riparian vegetation boundary as defined herein.

c.

Floodplain (Zone A) delineation shall be accordance with FEMA mapping and the Coalville City Flood Insurance Rate Map and Flood Damage Prevention Ordinance.

4.

Setbacks. The following development setbacks are required:

a.

Setbacks from wetlands shall extend a minimum of fifty feet (50') outward from the delineated wetland edge.

b.

Setbacks from lake shores and stream corridors shall extend a minimum of one hundred feet (100') outward from the ordinary high-water mark.

c.

Setbacks from irrigation ditches, canals and drainageways that meet the Army Corps of Engineers definition for waters of the United States shall extend a minimum of twenty feet (20') from the ordinary high-water mark.

d.

Setbacks do not apply to floodplains. However, development is strongly discouraged within the Zone A Floodplain and will only be approved if the finish floor elevation of occupied structures is a minimum of one foot (1') above the 100-year flood elevation, as determined by a qualified professional.

5.

Runoff Control. All projects adjacent to wetlands, lake shores, stream corridors, floodplains and drainageways shall provide appropriate temporary and permanent runoff and erosion control to minimize sediment and other contaminants to the maximum extent feasible. These control systems must be approved by the City.

6.

Habitat Restoration Projects. The City may approve wetland, lake shores, stream corridor, floodplain and drainageway restoration and enhancement projects providing that the project plan has been reviewed by a qualified professional and approved by the appropriate State and Federal agencies with jurisdiction. All habitat restoration work shall be performed under the direct supervision of a qualified professional.

E.

Wildlife Habitat and Fisheries.

1.

Intent. Wildlife habitat and fisheries provide important biological and ecological, aesthetic, recreational and educational functions. The following standards shall apply to any development which has the potential of adversely affecting critical wildlife or fishery habitats including winter range, migration corridors, birding areas and Class II Fisheries or other critical habitats identified in Section 18-050.

a.

Construction Timing. Construction shall be organized and timed to minimize disturbance of Sensitive or Specially Valued Species occupying or using on-site and adjacent natural areas.

b.

Sensitive and Specially Valued Species. If the development site contains or is within five hundred feet (500') of a natural habitat area, and the wildlife and habitat report show the existence of Sensitive or Specially Valued Species, the development plans shall include provisions to ensure that any habitat in any such natural area shall not be disturbed or diminished, and to the maximum extent feasible, such habitat shall be enhanced.

c.

Connections. If the development site contains existing natural habitat areas that connect to other off-site natural habitat areas, the development plan shall preserve such natural habitat area connections to the maximum extent feasible. If natural habitat areas lie adjacent to the development site, but such natural habitat areas are not presently connected across the development site, the development plan shall, to the extent reasonably feasible, provide such connection. Such connections shall be designed and constructed to allow for the continuance of existing wildlife movement between natural habitat areas and to enhance the opportunity for the establishment of new connections for movement of wildlife.

d.

Wildlife Conflicts. If wildlife that may create conflicts for future occupants of the development are known to exist in natural habitat areas adjacent to or on the development site, then the development plan must include provisions to minimize these conflicts to the extent reasonably feasible.

e.

Development Layout. Reasonable steps shall be taken to minimize habitat impacts which may require the clustering of development in the least-sensitive portions of the site. Development layout shall preserve critical wildlife habitat areas or floodplain corridors along streams supporting fisheries.

A.

Development Approvals for Public Projects/Public Works/Public Utilities.

1.

Intent. All public development projects and public utility installations that visually impact or otherwise adversely impact sensitive lands, shall be reviewed according to the following process and guidelines. It is the intent of this section that proposed public utilities projects, both private and public, make all reasonable attempts to comply with the following standards and guidelines:

a.

Review Process. The project sponsor shall notify the City of the proposed project. A project plan delineating the location, alignment, and scope of the undertaking shall also be submitted. Minor projects which are determined by the City to have no potential for significant visual or environmental impacts shall be exempt from this process.

b.

Mitigation. The City Staff shall review the proposed project and may request the project sponsor prepare an environmental impact assessment (EA) or mitigation plan that addresses and/or mitigates environmental and visual impacts of the project. To the maximum extent feasible, the project sponsor shall design the public works to preserve the natural character of the sensitive land areas and locate structures and facilities in areas not visible from major public rights-of-way or public property such as parks.

c.

Emergency Repairs. In the event of an emergency that requires immediate action to protect the health and safety of the general public, such action may go forward without the immediate consent of the City. The City shall be consulted at the earliest stage reasonably possible in the construction/repair phase.

d.

Maintenance. Maintenance projects shall proceed only after notification and approval by the City Staff. If the City Staff determines that due to the size or nature of the maintenance activity, a significant adverse impact may result in sensitive land areas, the project shall proceed through the review procedures and regulations set forth herein.

All development within Sensitive Lands shall comply with the following design standards which supplement the Coalville City Architectural Design Guidelines and Multifamily and Affordable Housing Design Guidelines and Best Practices, incorporated herein by reference:

A.

Building Color and Material. All buildings shall be constructed with muted earth tone color materials that reflect the dominant color of the surrounding vegetation or background.

B.

Parking and Landscaping. Subdivision lots and streets shall be designed so that wherever possible parking is located between or behind buildings. Uses other than single-family residences shall break up parking areas into smaller lots running parallel to the slope contours. The perimeter of parking areas shall be screened with vegetation, fencing, or other architectural or natural elements. A minimum fifteen percent (15%) of the internal total parking lot area shall also include landscaping.

C.

Rooftop Mechanical Equipment. All rooftop mechanical equipment must be screened and/or painted to match the color of the roof so as not to be readily visible from nearby properties or hillsides above the equipment.

D.

Roof Pitch, Color, and Materials. The pitch of any roof shall generally parallel the slope upon which the building is located, but in any case, shall not exceed a height to horizontal ratio of 10/12 and shall not descend closer than seven feet (7') from the ground. The minimum roof pitch shall be 4/12, except for flat roofs in the Downtown Historic District. Roofs shall be of a dark, muted earth tone color in a shade of gray, brown, or black that reflects the dominant color of the surrounding vegetation or background.

E.

Underground Utilities. Utility lines servicing developments in sensitive lands shall be installed underground, if the utility line is located within a scenic view corridor and the visual impacts of overhead lines cannot be reasonably mitigated.

F.

Outdoor Lighting. In addition to the lighting standards of Chapter 5 herein, all outdoor lighting associated with development in sensitive lands shall be of full cut-off variety and directed downward. Fixtures shall be located in such a way that the light source will not be visible when viewed from public areas and streets beyond the immediate lighted area.

The following provisions and mitigation measures are required as enhancements to existing regulations contained in this Code. These regulations will apply to new and existing subdivisions in Sensitive Lands, including the following criteria:

A.

Establishing Limits of Disturbance. Limits of disturbance may be required of any development including the construction of a single-family dwelling in Sensitive Lands or any property found to contain sensitive lands. The limits of disturbance will be established using the following criteria:

1.

Visual impacts of the development, including but not limited to screening from adjacent properties, ridgeline areas protection, and protection of entry corridors and scenic view-sheds.

2.

Erosion protection and control, including but not limited to protection of natural drainage channels.

3.

Fire protection and safety, including but not limited to location of trees and vegetation near structures.

4.

Irrigation and water conservation.

5.

Wildlife and fisheries habitat, including but not limited to, preservation of critical vegetation, migration routes, winter range, birthing areas, stream corridors and lakeshores.

6.

Stream and wetland protection and buffering.

B.

Tree or Vegetation Removal. No trees or vegetation within Sensitive Lands shall be removed for the purpose of providing open views to or from structures on a site.

C.

Revegetation Plan. All applicants proposing development in Sensitive Lands involving cut and fill and graded slopes shall submit a revegetation and landscaping plan for City approval. The plan shall include the type, size, and location of any vegetation and trees being planted and illustrate how the site will be recontoured with sufficient topsoil to ensure revegetation. The plan shall also indicate a time frame for revegetation which is acceptable to the City. Retaining walls shall be used to provide breaks in man-made steep slopes exceeding fifteen percent (15%) and to provide planting pockets.

A.

Hardship Relief Petition. Any applicant for development, after a final decision is taken by the City on a development application, may file a hardship relief petition with the City seeking relief from certain of the sensitive lands regulations on the basis that the denial of the application has created a substantial economic hardship, depriving the applicant of all reasonable use of the property. The petitioner shall have the burden of proving that the denial of the application created a substantial economic hardship.

B.

Affected Property Interest. The hardship relief petition must provide information sufficient for the City to determine that the petitioner possesses a protectable interest in property under Article I, Section 22 of the Constitution of Utah, and the Fifth Amendment to the United States Constitution.

C.

Economic Hardship Standard. For purposes of this ordinance, a substantial economic hardship shall be defined as a denial of all reasonable use of the property. Upon a finding that a City action or determination has resulted in a denial of all reasonable use of the property, the City may provide the petitioner relief from certain provisions of the sensitive lands regulations.

D.

Time for Filing Notice of Petition and Petition. No later than ten (10) calendar days from final action by the City on any development application, the applicant shall file a notice of petition in writing with the City Recorder. Within thirty (30) days of filing of a petition, the applicant shall file a Hardship Relief Petition with the City Recorder.

E.

Information to Be Submitted with Hardship Relief Petition. The hardship relief petition must be submitted in letter form and must be accompanied at a minimum by the following information:

1.

Name of the petitioner.

2.

Name and address of current owner of the property, form of ownership, whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other, and if owned by a corporation, partnership, or joint venture, name and address of all principal shareholders or partners.

3.

Price paid and other terms of sale of the property, the date of purchase, and the name of the party from whom purchased, including the relationship, if any, between the petitioner and the party from whom the property was acquired.

4.

Nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest.

5.

Terms (including sale price) of any previous purchase or sale of a full or partial interest in the property within the previous three (3) years.

6.

All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the previous three (3) years prior to the date of application.

7.

All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including but not limited to, right of purchasers to assume the loan.

8.

All listings of the property for sale or rent, price asked and offers received, if any, within the previous three (3) years.

9.

All studies commissioned by the petitioner or agents of the petitioner within the previous three (3) years concerning feasibility of development or utilization of the property.

10.

For income producing property, itemized income and expense statements from the property for the previous three (3) years.

11.

Information from a Code policy or other source showing all recorded liens or encumbrances affecting the property.

12.

Review and processing fee in accordance with the Coalville City fee schedule.

The City may request additional information, if necessary, to arrive at a final conclusion concerning whether there has been a denial of all reasonable use of the property constituting a substantial economic hardship.

F.

Findings of the City Council. The City Council shall, after receiving all the necessary information, hold a Public Hearing in accordance with the notification requirements of Chapter 3 herein. The City Council shall make their decision on the petition based on the evidence and testimonies presented, and address the following issues with their findings:

1.

Whether the petitioner has complied with the submittal requirements for the hardship relief petition.

2.

Whether the petitioner has a protectable interest in property.

3.

The market value of the property considering the Sensitive Lands designation.

4.

The market value of the property disregarding the Sensitive Lands designation.

5.

Whether it was feasible to undertake construction on or development of the property as of the date of the development application, or in the reasonably near future thereafter.

6.

Whether, in the opinion of the City Council, the actions by the City regarding the application created a substantial economic hardship.