This chapter details the regulations associated with the assessment, treatment and management of sensitive lands designed by the town during project specific impact studies or lying within the sensitive lands overlay zone, as shown on the official zoning maps of the town.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Lands in or partially in the sensitive lands overlay zone, as depicted in the land use map and zoning district maps, as well as other smaller areas outside of the overlay zone as determined by the planning commission and town council to possibly be sensitive, require the developer to perform the following application and environmental impact studies, consisting of an analysis of each of the elements of subsections A and B of this section, and as designated by the planning commission. The study shall follow all standards that shall apply in this chapter and provide enough information to the town to be able to reasonably designate the sensitive lands areas, as well as providing adequate treatment and mitigation alternatives for dealing with the development impacts.

   Sensitive areas so designated contain lands that may have development suitability concerns as contained in subsection 9-8D-1E of this title, and the conditions and impacts of the potential development must be critically evaluated as per this chapter.

   The following analysis elements must be conducted to determine the exact boundaries of the sensitive areas, as well as mitigation measures necessary to eliminate or lessen the impacts of development. The studies do not in and of themselves define the sensitive areas.

   A.   Sensitive Areas Analysis And Determination: Any applicant for any development approval must produce a sensitive areas analysis, performed by qualified professionals as approved by the town, that identifies and delineates all the following features and conditions:

      1.   Slope/Topographic Map: A slope/topographic map which shall be prepared and based on a certified boundary survey and depict contours at intervals of five feet (5') or less. Additionally, the map shall highlight areas of high geologic hazard, areas subject to landsliding, and all significant steep slopes in the following categories:

         a.   Greater than fifteen percent (15%) but less than or equal to thirty percent (30%);

         b.   Greater than thirty percent (30%) but less than or equal to forty percent (40%);

         c.   Over forty percent (40%).

         d.   "Steep slopes" shall be defined as all areas within a parcel with a slope of greater than fifteen percent (15%). "Very steep slopes" shall be defined as all areas within a parcel with a slope of greater than thirty percent (30%).

      2.   Ridgeline Areas: Ridgeline areas which shall be denoted and include all crests of hills or steep slopes, as defined in section 9-10-4 of this chapter.

      3.   Vegetative Cover: Vegetative cover shall be denoted generally by type and density of vegetation, including: a) deciduous trees; b) coniferous trees; c) gamble oak or high shrub; d) sage, grassland; and e) agricultural crops. The town shall have the discretion to require a more detailed tree/vegetation survey if the site has significant or unusual vegetation, stands of trees or wooded areas.

      4.   Entry Corridors And Vantage Points: All town designated entry corridors showing on the land use map and/or zoning map, as well as the designated "vantage points" present within or adjacent to the site, as defined in section 9-10-4 of this chapter.

      5.   Wetlands: Wetlands as established by using the "Federal Manual For Identifying And Delineating Jurisdictional Wetlands", dated January 10, 1989, or more recent, whichever is stricter. Although the federal manual may change in the future, the town will use this referenced manual as a basis for wetlands determination.

      6.   Stream Corridors: Stream corridors, as defined by their ordinary high water mark.

      7.   Wildlife Habitats: Delineate all critical or sensitive wildlife areas and habitats, as defined by the state or other studies, and designate which wildlife species inhabit the area and may be affected by the different types of land uses proposed in the area.

   B.   Additional Information And Study Requirements: In addition to the analysis required by subsection A of this section, the planning commission may require the applicant to undertake the following studies and submit the following information and assessments to ensure that the town has adequate information to comprehensively assess all development proposals in or containing sensitive lands. Such information and studies may include, but are not limited to:

      1.   Visual Assessment: Visual assessments of the subject property from relevant designated vantage points as directed 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 to assist in analyzing the potential aesthetic impact and most advantageous location of structures and other improvements to reduce any adverse impact. The visual assessment shall be conducted using techniques as approved by the planning commission, including, but not limited to, sketches, models, drawings, renderings, hand enhanced photographs and computerized images. Selection of the appropriate technique will depend on the size of the development and the visual sensitivity of the proposed development site.

      2.   Soil Investigation Report: Soil investigation report, including, but not limited to, shrink-swell potential, elevation of water table, general soil classification and suitability for development, erosion potential, hazardous material analysis and potential frost action.

      3.   Geotechnical Report: Geotechnical report, including, but not limited to, location of major geographic and geologic features, depth and types of bedrock, structural features (folds, fractures, faults, etc.), and historic and potential landslide and other high hazard areas such as mine shafts/tunnels, quarries and known snow avalanche paths.

      4.   Additional Slope Information: If the size of the proposed development and visual sensitivity of the site dictate, the planning commission or staff may require the submission of a slope/topographic map depicting contours at intervals of two feet (2').

      5.   Fire Protection Report: Fire protection report, including, but not limited to, identification of potential fire hazards, mitigation measures, access for fire protection equipment, existing and proposed fire flow capability. The fire protection report shall address, as appropriate, residential development identification classification and regulation report and the Box Elder County wildfire plan. This report must be made with the direction/cooperation and approval of the fire department.

      6.   Hydrologic Report: Hydrologic report, including, but not limited to, information on ground water levels, natural and agricultural irrigation and drainage channels and systems, and base elevations in floodplains.

      7.   Wetland/Stream Corridor Resource Evaluation: Wetland/stream corridor resource evaluation, including a delineation of wetland and stream corridor boundaries and a determination of resource significance pursuant to subsection 9-10-2D of this chapter.

      8.   Agricultural Analysis: An agricultural analysis as per section 9-3-33 of this title may be required to determine the impacts on important agricultural areas within or adjoining the area. This analysis must address the effects of changing land uses on vegetation, irrigation systems, rangeland quality, weed control, agricultural accesses and rights of way, and fire concerns, to name a few.

   C.   Waiver/Modification Of Analysis And Study Requirements: Based upon a preliminary assessment of the development proposal and a site field inspection, the planning commission may modify or waive any of the sensitive lands analysis requirements upon a determination that the information is not necessary for a full and adequate analysis of the development or is sufficient at a reduced level of detail.

   D.   Sensitive Areas Determination: The planning commission shall delineate all sensitive lands or areas on the parcel, including steep slope areas, ridgeline areas, entry corridors, and wetlands areas and stream corridors and other areas based on information submitted pursuant to this section, including any other information and data available to or acquired by the town, and an analysis thereof. Such delineation shall be used on the basis for all calculations of open space, density, buffers, setbacks and density transfers permitted or required by this chapter. The study performed by the developer may suggest areas for designation and/or various alternatives; however, the final designation must be made by the town.

   E.   Density Transfer: Whenever land within the sensitive lands overlay zone is subject to more than one density transfer provision, the more restrictive provision shall apply.

   F.   Annexations: Whenever an annexation petition is presented to the town, that annexation may be required to provide a sensitive lands analysis according to this title and may require varying levels of detail based upon existing conditions on the site. The sensitive lands will be determined based upon that analysis. The analysis may lead to the designation of additional sensitive areas, significant ridgelines, wetlands areas or vantage points which may not have been previously included as a part of this title or of the accompanying maps.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

The following provisions shall apply to all delineated sensitive lands and areas contained in the sensitive lands overlay zone, or as delineated elsewhere as provided in section 9-10-1 of this chapter, including all other steep slopes, ridgeline areas, meadows, entry corridors, wetlands, and stream or river corridors. Areas delineated as hazardous (geologic or natural hazards and high flooding potential) to development or areas where proper wildlife mitigation measures cannot be implemented to the satisfaction of the town in the studies and analysis requirements of this chapter, will be deemed as undevelopable. The following subsections of this section regulate development in the sensitive lands which are located outside of the designated undevelopable areas:

   A.   Slope Protection Regulations:

      1.   Intent: It is the intent of these regulations to protect the town's visual character and environmentally sensitive areas on hillsides and slopes. This shall be accomplished by minimizing the visual and environmental impacts of development through careful site planning that maintains the maximum amount of open space, protects existing vegetation, avoids sensitive natural areas, minimizes erosion, recognizes the need for water conservation and locates structures in the least visually sensitive location. These regulations shall apply to all slopes in excess of fifteen percent (15%).

      2.   Prohibitions: No development shall be allowed on or within fifty feet (50') of slopes in excess of thirty percent (30%), lands subject to landsliding or regular flooding, soils deemed unsuitable as to safety, and other high hazard geological areas, as determined by a geotechnical or soils report produced pursuant to section 9-10-1 of this chapter.

      3.   Graded Or Filled Slopes: Cutting and filling to create additional or larger building sites shall be kept to a minimum and avoided to the maximum extent feasible. All proposed grading and filling shall be subject to review by the town engineer and staff to ensure minimum visual impact and geotechnical safety. Graded or filled slopes shall be limited to a three to one (3:1) slope or less. All graded slopes shall be recontoured and revegetated to the natural, varied contour of surrounding terrain.

      4.   Benching Or Terracing: Benching or terracing to provide additional or larger building sites is prohibited.

      5.   Streets And Roads: Road construction in hillsides can be the most visually disruptive portion of a development. Development in some areas may not be appropriate if roads cannot be constructed to access it without causing significant visual impacts. Where streets and roads, public and private, are proposed to be constructed on steep slopes:

         a.   Streets and roads 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 planning commission upon a favorable recommendation by the town engineer that such streets or roads will not have significant adverse visual, environmental or safety impact.

         b.   Where streets and roads, public and private, are proposed to cross slopes greater than fifteen percent (15%), the following standards shall apply:

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

            (2)   Such streets and roads shall, to the maximum extent feasible, follow contour lines, preserve the natural character of the land, and be screened with trees or vegetation.

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

      6.   Retaining Walls: Use of retaining walls is encouraged to reduce the steepness of manmade slopes and provide planting pockets conducive to revegetation. The use, design and construction of all retaining walls shall be subject to the approval of the planning commission based upon assessment of visual impact, compatibility with surrounding terrain and vegetation, and safety considerations.

      7.   Landscaping And Revegetation: New development shall be landscaped or revegetated in accordance with a revegetation/landscaping plan as provided in subsection 9-8D-2D of this title, as amended, and enhanced by the requirements this chapter. 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.

      8.   Private Development Design Standards: All development on steep slopes shall comply with the design standards currently adopted by the town, plus those standards of section 9-10-5 of this chapter.

      9.   Open Space And Density On Delineated Portions Of Sites With Steep Slopes Greater Than Fifteen Percent (15%) But Less Than Or Equal To Thirty Percent (30%): In addition to the specific development regulations set forth above, the following general open space, limits of disturbance and density transfer regulations shall apply:

         a.   Open Space: Seventy five percent (75%) of the steep slope areas shall remain in natural and permanent "open space", as defined in section 9-2-1 of this title. Twenty five percent (25%) may be developed in accordance with the underlying zoning subject to the following conditions:

            (1)   Maximum Development Density: The maximum allowable density that may be developed on the portion of the steep slope areas not set aside for open space shall be governed by the underlying zoning. MPD bonuses shall not apply to development in these areas, but may be used if transferred to another site. However, the maximum allowable density shall be permitted only by approval of the town pursuant to the visual and environmental analysis provided for in section 9-10-1 of this chapter, and a finding that development at that density will not have a significant adverse visual or environmental effect on the community as set forth in subsection A9c of this section.

            (2)   Location Of Development Within Sensitive Areas: 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 planning commission shall require that the applicant 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 such analysis, the town may require any one or a combination of the following measures:

               (A)   Clustering of development within the sensitive areas; or

               (B)   Dispersal of development throughout the sensitive areas; or

               (C)   Transferal of development density to nonsensitive or less sensitive portions of the site not subject to this section. (In transferring development to less sensitive portions of the site, meadows must also be considered as important visual resources. A low lying meadow area may not always be the most appropriate location for all the development on a site to occur. Development shall be sited to preserve the open meadow vistas which are also desirable.)

         b.   Density Transfer: Up to twenty five percent (25%) of the densities otherwise permitted in the underlying zone attributable to the seventy five percent (75%) open space portion of the site may be transferred to other portions of the site. The density transfer shall be subject to a suitability determination as set forth in subsection A9c of this section. In addition to density transfers permitted above, up to one hundred percent (100%) of the remaining preexisting density as set forth in subsection A9a of this section is eligible for transfer.

         c.   Suitability Determination: A suitability determination certifying that a development will have no significant adverse impact on adjacent properties or development shall be granted by the planning commission at the time of master plan or subdivision review if the following conditions are satisfied:

            (1)   The overall development density of the entire parcel (not limited to the portion of the parcel receiving the transferred densities) is compatible with that of adjacent properties or developments. The fact that individual lot sizes in the receiving areas may vary from those of adjacent properties or developments shall not solely be determinative of incompatibility.

            (2)   The architecture, height, building materials and other design features of the development in the receiving areas are compatible with adjacent properties or developments.

            (3)   The applicant has agreed to adopt appropriate mitigation measures such as landscaping, screening, illumination standards and other design features as recommended by the planning commission to buffer the adjacent properties from the receiving areas.

            (4)   There are no adverse or unmitigated impacts on wildlife in the area.

      10.   Open Space And Density On Portions Of Sites With Very Steep Slopes (In Excess Of Thirty Percent (30%)):

         a.   One hundred percent (100%) of the very steep slope areas shall remain in open space. No vegetation within fifty feet (50') of the very steep slope areas shall be disturbed.

         b.   Up to ten percent (10%) of the densities otherwise permitted in the zone may be transferred to other portions of the site, including delineated sensitive areas if appropriate. The density transfer shall be subject to a suitability determination by the town as set forth in subsection A9c of this section.

      11.   Master Planned Development Open Space Requirements: Any open space requirements contained in chapter 9 of this title shall continue to apply to the developed portion of sensitive lands site developed under this chapter.

      12.   Transfer Density Bonuses: In addition to the density transfers permitted pursuant to this section, the planning commission may grant, at the MPD or subdivision review, up to a maximum of twelve and one-half percent (12½%) increase in transferable densities if the applicant:

         a.   Donates open space either in fee or a less than fee interest to either the town or another unit of government or nonprofit land conservation organization approved by the town. Such density bonus shall only be granted upon a finding by the planning commission that such donation will ensure the long term protection of a significant environmentally or visually sensitive area; and/or

         b.   Provides public access other than trails normally required through the development process and as shown on the trails master plan; and/or

         c.   Restores previously degraded wetlands or stream areas on the site or makes other significant environmental improvements.

   B.   Ridgeline Area Protection Regulations:

      1.   Intent: The intent of these provisions is to protect the unique visual and environmental character of all designated ridgeline areas within the sensitive lands overlay zone and to ensure that development near ridgeline areas blends in with 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 sited in such a manner so as not to create a silhouette against the skyline or mountain backdrop as viewed from the designated vantage points.

      2.   Minimum Setback: No building, roof or other appurtenant device shall encroach upon the "ridgeline areas", as defined in section 9-10-4 of this chapter. Additionally, no roof or other appurtenant device, including mechanical equipment, on any building may visually intrude on the ridgeline areas from any of the designated vantage points as described herein, and determined by a visual assessment.

      3.   Open Space And Density: In addition to the specific development regulations set forth in this subsection, the following general open space, limits of disturbance and density transfer regulations shall apply to all ridgeline areas in the sensitive lands overlay zone:

         a.   Vegetation And Open Space: No vegetation within the ridgeline areas shall be disturbed. One hundred percent (100%) of the ridgeline areas shall remain in open space.

         b.   Density Transfer: Up to twelve and one-half percent (12½%) of the densities otherwise permitted in the zone attributable to the ridgeline areas may be transferred to portions of the site determined not to be subject to restrictive regulations contained in this section. The density transfer shall be subject to a suitability determination as set forth below.

         c.   Suitability Determination: A suitability determination certifying that a development will have no significant adverse impact on adjacent properties or development shall be granted by the planning commission at the time of master plan or subdivision review if the following conditions are satisfied:

            (1)   The overall development density of the entire parcel (not limited to the portion of the parcel receiving the transferred densities) is compatible with that of adjacent properties or developments. The fact that individual lot sizes in the receiving areas may vary from those of adjacent properties or developments shall not be solely determinative of incompatibility.

            (2)   The architecture, height, building materials and other design features of the development in the receiving areas are compatible with adjacent properties or developments.

            (3)   The applicant has agreed to adopt appropriate mitigation measures such as landscaping, screening, illumination standards, and other design features as recommended by the town to buffer the adjacent properties from the receiving areas.

            (4)   There are no adverse or unmitigated impacts on wildlife in the area.

      4.   Density Bonuses: In addition to the density transfers permitted pursuant to this section, the planning commission may grant, at master plan development (MPD) or subdivision review, up to a maximum of twelve and one-half percent (12½%) increase in transferable densities if the applicant:

         a.   Donates open space either in fee or a less than fee interest to either the town or another unit of government or nonprofit land conservation organization approved by the town. Such density bonus shall only be granted upon a finding by the town that the donation will ensure the long term protection of a significant environmentally or aesthetically sensitive area; and/or

         b.   Provides public access for trails, other than those normally required as a part of the development process and as shown on the trails master plan; and/or

         c.   Restores degraded environmental areas on the site or makes other significant environmental improvements.

   C.   Sensitive Lands Entry Corridor Protection:

      1.   Intent: To protect the image of the town as an agricultural community with sweeping, attractive mountain vistas and open fields and wetlands, it is the intent of this section to maintain the visual character of all designated entry corridors into the town, including open space and wetlands located in the entry corridor protection areas, views of hillsides and ridgeline areas, and natural areas such as streams, rivers and wetlands. This objective can be attained by eliminating or mitigating visually obtrusive development and ensuring that significant portions of open space remains intact.

      2.   Applicability To Property Within Existing Town Limits: The regulations contained in this subsection shall apply to all structures on lots adjacent to or within two hundred fifty feet (250') of the nearest right of way of designated sensitive lands entry corridors within the existing boundaries of the town, and may include all highway entries into the town and designated on the land use map and the zoning district maps.

      3.   Applicability To Future Annexed Properties: Upon submission of an annexation petition, the planning commission shall identify relevant sensitive lands entry corridors for designation by the town council and to the maximum extent feasible open vistas and meadows shall be maintained.

      4.   Access/Traffic: Access points and driveways connecting directly to the sensitive lands entry corridor roadways shall be minimized. Access shall be from existing town streets that join with the corridor roadways rather than direct roadway access. Common driveways between adjoining projects shall be encouraged. Whenever direct driveway access is necessary, it shall be located in such a manner to minimize interference with through traffic on the corridor roadway.

      5.   Setbacks:

         a.   A setback line shall be established by the planning commission or town staff based upon a visual assessment of the property. However, in no case shall the setback be less than one hundred feet (100') from the nearest entry roadway right of way. In areas where open meadow vistas are considered important, the required setback may be increased significantly. The one hundred foot (100') standard is intended to be more appropriate for properties currently within the town limits. Upon annexation request, the appropriate setback will be determined based upon a site specific visual analysis.

         b.   Building setbacks shall vary from structure to structure within any one lot or development. Setbacks shall also vary from those on adjoining roadway oriented property to avoid creating a walled effect. Buildings shall be located in such a manner to enhance and frame important views as determined in the visual assessment provided for in subsection 9-10-1B1 of this chapter.

         c.   Agricultural or stock fences shall be permitted in the setback areas.

      6.   Parking Lots: Parking lots shall be located to the rear or sides of buildings to the maximum extent feasible.

      7.   Berms/Earthwork Screening: All earthen berms and earthwork screening shall be graded and planted in such a manner so as to permit views of primary uses on the site from the adjacent entry corridor roadway. Additionally, berm crests shall be contoured and varied in height to avoid a straight line barrier effect.

      8.   Fencing: In addition to the requirements contained in the subdivision and master planned development code, all fences in the entry corridor shall be of one of the following styles:

         a.   Wooden rail or synthetic rails.

         b.   Architecturally compatible solid wood, synthetic wood and natural and synthetic stone.

         c.   Wire type stock fences.

         d.   Various forms of steel fencing as determined by the town, not including chainlink fencing.

      9.   Height Controls:

         a.   No building shall exceed the following height limits:

            (1)   Twenty feet (20'), if the entry corridor setback is less than one hundred fifty feet (150').

            (2)   Twenty five feet (25'), if the entry corridor setback is greater than one hundred fifty feet (150') but less than two hundred feet (200').

            (3)   Up to the maximum height allowed by the underlying zone, if the setback is two hundred feet (200') or greater.

         b.   In addition, buildings may be required to be stepped back to serve and enhance important views defined in the visual assessment as provided in subsection 9-10-1B1 of this chapter.

      10.   Pedestrian Facilities: Trails and sidewalks shall be provided in all entry corridor developments in accordance with the trails master plan.

      11.   Landscaping/Vegetation Protection: A landscaping plan shall be required for all entry corridor developments, and vegetation protection shall be undertaken pursuant to this title, as amended.

      12.   Design Standards: All development within an entry corridor shall comply with the design standards contained in this title, as amended.

   D.   Wetlands And Stream Or River Corridors:

      1.   Intent: The town finds that the wetlands, streams and Bear River channel corridors provide important hydrologic, biological and ecological, aesthetic, recreational and educational functions. Important functional values of wetlands and streams can be lost or significantly impaired as a result of various development activities, and additional functional values of these important resources may be lost. The following requirements and standards have been developed to promote, preserve and enhance these valuable resources and to protect them from adverse effects and potentially irreversible impacts.

      2.   Jurisdiction: All significant wetlands and stream corridors in the sensitive lands overlay zone and elsewhere in the town are regulated as provided herein and are subject to the jurisdiction of this title.

      3.   Prohibited Activities: No person shall engage in any activity that will disturb, remove, fill, dredge, clear, destroy or alter any areas, including vegetation ("surface disturbance"), within significant wetlands and significant stream or river corridors and their respective setbacks, except as may be expressly allowed herein.

      4.   Boundary Delineations: Wetland and stream corridor delineations shall be performed by a qualified professional that has demonstrated experience necessary to conduct site analysis. The qualified professional shall be approved by the planning commission and shall perform the work on behalf of the town through a third party contract, where all fees, costs and expenses are borne by the applicant. Delineation of wetlands and stream corridors shall be subject to the approval of the planning commission.

         a.   Pursuant to subsection 9-10-1A5 of this chapter, boundary delineation of wetlands shall be established using the "Federal Manual For Identifying And Delineating Jurisdictional Wetlands", dated January 10, 1989, and jointly published by the U.S. environmental protection agency, the U.S. fish and wildlife service, the U.S. army corps of engineers and the U.S. soil conservation service. Subsequent revisions to the federal manual shall not be incorporated as part of the methodology unless the methodology is stricter in application. Although the federal manual may change in the future, the town will use this referenced manual as the main basis for wetlands determination.

         b.   Stream corridors shall be delineated at the "ordinary high water mark", as defined in section 9-10-4 of this chapter.

      5.   Determination Of Significance:

         a.   A wetland delineated pursuant to the 1989 federal manual shall be found significant based upon the following criteria:

            (1)   Size: All wetlands that occupy a surface area greater than one-tenth (1/10) acre, or are associated with permanent surface water, are significant.

            (2)   Location: All wetlands that are adjacent to or contiguous with a stream corridor are significant.

         b.   All stream corridors are significant. Stream corridors shall not include ditches which are commonly known to be irrigation ditches and do not contribute to the preservation or enhancement of fisheries or wildlife.

      6.   Setbacks: The following setbacks are considered minimum distances:

         a.   Setbacks from wetlands shall extend a minimum of one hundred feet (100') outward from the delineated wetland edge.

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

         c.   Setbacks from irrigation ditches shall extend a minimum of fifty feet (50') from the ordinary high water mark.

      7.   Runoff Control: All projects adjacent to wetlands will provide appropriate temporary (straw bale berms) and permanent runoff control to minimize sediment and other contaminants to the maximum extent feasible. These control systems must be approved by the town engineer.

      8.   Habitat Restoration Projects: The planning commission may approve wetland and stream 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.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Development Approvals For Public Projects/Public Works/Public Utilities: All public development projects and public works that visually impact or otherwise adversely impact sensitive areas, and all public utility installations, including, but not limited to, water and sewer projects, pipelines, electrical supply facilities and wires, roads and trails, constructed or undertaken within the sensitive lands overlay zone, shall be reviewed according to the following process and guidelines. It is the intent of this section that the proposed public utilities projects, both private and public, make all reasonable attempts to comply with the standards and guidelines of the sensitive lands regulations. The primary emphasis shall be on reasonable and practical reclamation and revegetation of areas disturbed by major public works and utility projects. In some situations, it may be necessary to encroach upon certain environmentally sensitive areas in order to maintain a desirable level of public service and safety. In those cases, an evaluation of alternatives and possible mitigation shall be required prior to such projects being submitted.

      1.   Consultation:

         a.   Public Utilities Projects: The project sponsor shall notify the planning commission of the proposed project. A project plan delineating the location, alignment and scope of the undertaking shall be submitted with such notification. If the planning commission determines that the project may have significant visual and environmental impacts, a consultation meeting shall be scheduled. No development shall occur until after the consultation meeting and compliance with the steps outlined in the following subsections, unless the planning commission has determined that no significant visual or environmental impact will result from the proposed project.

         b.   Public Works And Other Public Projects: The department director shall notify the planning commission of all proposed projects which may have significant visual and environmental impacts and a consultation meeting shall be scheduled. No development shall occur until after the consultation meeting and compliance with the steps outlined in the following subsections. Minor projects which are determined by the planning commission to have no potential for significant visual or environmental impacts shall be exempt from the process outlined in subsections A2 through A6 of this section.

      2.   Mitigation: The planning commission shall review the proposed project and after the consultation meeting may request the project sponsor to prepare an environmental impact statement and/or mitigation plan that modifies the project to mitigate the environmental and visual impact of the project. To the maximum extent feasible, the project sponsor shall design the public works to preserve the natural character of the sensitive areas and locate it in areas not visible from major public rights of way or public property such as parks.

      3.   Adoption Of Recommendations: The project sponsor shall, before undertaking the project, to the maximum extent feasible, adopt the modifications and mitigation measures recommended by the planning commission, or state in writing why adoption of such measures is not feasible, before the project shall proceed.

      4.   Wetlands And Stream Corridors: All public utilities and public works constructed or undertaken within significant wetlands and significant stream corridors and their respective setbacks, including, but not limited to, water and sewer projects, pipelines, electrical supply facilities and wires, roads and trails, shall be governed pursuant to the procedures set forth in this subsection A. They shall be exempted from the requirements of subsection 9-10-2D of this chapter; providing, that: a) no practical alternative location exists outside the significant wetland and significant stream corridor and their respective setbacks; and b) the project meets the technical guidelines defined below:

         a.   To the maximum extent feasible, disturbed areas within the setbacks shall be revegetated using native species common to the native vegetation community.

         b.   Maintenance access shall be provided at specific access points rather than parallel access roads. To the extent that access roads must be located within a corridor, the roads shall be kept to a minimum width. Parallel access roads shall be sited contiguous to the utility corridor to minimize disturbance and shall be sited on the outside edge of the utility corridor away from the resource.

         c.   Surface materials used for trail construction and other access routes shall be approved by the town.

         d.   Road construction techniques for stream crossings shall use appropriate methods demonstrated to provide fisheries protection.

      5.   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 planning commission. The planning commission shall be consulted at the earliest stage reasonably possible in the construction/repair phase.

      6.   Maintenance: Maintenance projects shall proceed only after notification of and approval by the town staff. If the town, due to the size or nature of the maintenance activity, determines that it may have a significant adverse impact on the sensitive areas, the project shall proceed through the review procedures set forth in subsections A1 through A5 of this section.

   B.   Substantial Compliance: To avoid unnecessary review by town consultants and/or agencies and disputes over the application of the sensitive lands overlay zone provisions, whenever there are practical difficulties over the application of the provisions or whenever the aims of this title can be better achieved through alternatives to strict compliance, the planning commission may make specific modifications to strict compliance with the sensitive lands overlay zone ordinance provisions.

   C.   Economic Hardship Relief Provisions:

      1.   Hardship Relief Petition: Any applicant for development, after a final decision on its development application is taken by the town council, may file a hardship relief petition with the board of adjustment 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 his property.

      2.   Affected Property Interest: The hardship relief petition must provide information sufficient for the board of adjustment and the town attorney to determine that the petitioner possesses a protectable interest in property under article I, section 22 of the constitution of state and the fifth amendment to the United States constitution.

      3.   Economic Hardship Standard: For purposes of this subsection, a "substantial economic hardship" shall be defined as a denial of all reasonable use of the property. Upon a finding that the denial of the application has resulted in a denial of all reasonable use of the property, the board of adjustment may provide the petitioner with relief from certain of the overlay zone and/or sensitive lands regulations.

      4.   Time For Filing Notice Of Petition And Petition: No later than ten (10) calendar days from final action by the town council on any development application, the applicant shall file a notice of petition, in writing, with the town recorder. Within thirty (30) days of filing of a notice of petition, the applicant shall file a hardship relief petition with the town recorder.

      5.   Information To Be Submitted With Hardship Relief Petition: The hardship relief petition must be submitted in letter form or on a form prepared by the planning commission or staff and must be accompanied at a minimum by the following information:

         a.   Name of the petitioner;

         b.   Name and business 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;

         c.   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;

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

         e.   Terms (including sale price) of any previous purchase or sale of a full or partial interest in the property in the three (3) years prior to the date of application;

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

         g.   The assessed value of and ad valorem taxes on the property for the previous three (3) years;

         h.   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;

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

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

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

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

      The town staff or the board of adjustment may request additional information reasonably necessary, in their opinion, to arrive at a final conclusion concerning whether there has been a denial of all reasonable use constituting a substantial economic hardship.

      6.   Failure To Submit Information: In the event that any of the information required to be submitted by the petitioner is not reasonably available, the petitioner shall file with the petition a statement of the information that cannot be obtained and shall describe the reasons why such information is unavailable.

      7.   Burden Of Proof: The petitioner shall have the burden of proving that the denial of the application creates a substantial economic hardship under the standard provided in subsection C3 of this section.

      8.   Findings Of Board Of Adjustment: The board of adjustment shall, after receiving all the necessary information, hold a public hearing, pursuant to regulations as contained in chapter 5 of this title. The board of adjustment shall make their decision on the basis of the evidence and testimony presented, and address the following issues in its report or its findings:

         a.   Whether the petitioner has complied with the requirements for presenting the information to be submitted with a hardship relief petition;

         b.   Whether the petitioner has a protectable interest in property;

         c.   The market value of the property considering the sensitive lands overlay zone designation;

         d.   The market value of the property disregarding the sensitive lands overlay zone designation;

         e.   The market value of or benefit accruing from opportunities to transfer density or cluster development on other remaining contiguous property owned by the petitioner eligible for such transfer as provided herein;

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

         g.   Whether, in the opinion of the board of adjustment, the denial of the application would create a "substantial economic hardship", as defined in subsection C3 of this section.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

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 and in chapter 2 of this title:

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 found, the top of the channel bank shall be substituted. In braided channels, the ordinary high water mark or substitute shall be measured so as to include the entire stream feature.

SUBSTANTIAL ECONOMIC HARDSHIP: Denial of all reasonable economic use of the property.

WILDLAND INTERFACE ZONE: Those areas with special safety considerations because of their location on the urban fringe. All areas within the sensitive lands overlay zone shall be considered to be in the wildland interface zone unless the fire marshal shall determine otherwise.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

All private development within the sensitive lands overlay zone shall comply with the following design standards which supplement, and supersede in the case of a conflict, any design standards in effect and adopted by the town:

   A.   Building Color And Material: All buildings shall be constructed of material of a muted earth tone color that reflects the dominant color of the surrounding vegetation.

   B.   Windows And Other Glass: Glass areas shall be reviewed to avoid highly reflective surfaces. Mirrored glazing is prohibited on any building, except that solar absorption glazing is an acceptable material.

   C.   Parking: Subdivision lots and streets shall be designed so that wherever possible parking is located behind buildings on the uphill lots. Uses other than single-family residences shall break up parking areas into smaller lots that should be located in linear strips running parallel to the slope contours. The perimeter of parking areas shall be screened with vegetation, fencing or other architectural or natural elements.

   D.   Rooftop Mechanical Equipment: All rooftop mechanical equipment, including HVAC equipment and similar appurtenances, must be screened so as not to be visible from nearby properties or hillsides above the equipment.

   E.   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 nine to twelve (9:12) and shall not descend closer than seven feet (7') from the ground. The minimum roof pitch shall be four to twelve (4:12). Roofs shall be of a dark muted earth tone color in a shade of dark gray, dark brown or black that reflects the dominant color of the surrounding vegetation.

   F.   Height Controls: Upon review of any subdivision or MPD within the sensitive lands overlay zone, an analysis of appropriate building heights will be conducted. Based upon the visual analysis, building heights may be reduced for all or part of a proposed development.

   G.   Dwelling Size: Maximum single-family dwelling size shall be evaluated at the time of project approval, taking into consideration visual impact and community character.

   H.   Underground Utilities: All utility lines in steep slope developments shall be underground, except that the town planning commission or staff may allow aboveground utilities if burying would result in severe damage to significant vegetation or sensitive environmental areas.

   I.   Wood Roofs: Wood roofs are allowed.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Additional Regulations: The following provisions and mitigation measures are hereby adopted as enhancements to existing limits of disturbance regulations contained in chapter 8 of this title and must be adequately studied. These regulations will apply to new and existing platted subdivisions in the sensitive lands overlay zone, including the following criteria to be used in establishing limits of disturbance:

      1.   Visual impacts of the development, including, but not limited to, screening from adjacent properties, ridgeline areas protection and protection of critical viewsheds, as defined in the sensitive lands regulations, section 9-10-1 of this chapter.

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

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

      4.   Irrigation and water conservation.

      5.   Wildlife habitat, including, but not limited to, preservation of critical wildlife habitat and migration routes.

      6.   Stream and wetland protection and buffering.

   B.   Tree/Vegetation Removal: No trees or vegetation within the sensitive lands overlay zone shall be removed for the purpose of providing open views to or from structures on a site.

   C.   Irrigation Limits: The amount of irrigated area shall be minimized depending on the amount of existing natural vegetation on the site prior to construction and type of irrigation systems proposed to be used.

   D.   Revegetation Plan: All applicants for developments on land subject to sensitive lands regulations involving cut and fill and graded slopes shall submit a revegetation and landscaping plan for approval by the planning commission. The plan shall depict the type, size and location of any vegetation and trees being planted and illustrate how the site will be recontoured in such a fashion and with sufficient topsoil to ensure that revegetation is feasible. The plan shall also indicate a time frame for revegetation which is acceptable to the town. Retaining walls shall be used to provide breaks in manmade steep slopes exceeding fifteen percent (15%) and to provide planting pockets.

   E.   Violation/Replacement Provision: Any applicant who violates the provisions of this subsection by removing trees or vegetation or exceeding the prescribed limit of disturbance shall replace two (2) for one in number all trees/vegetation illegally removed. Size of trees planted in replacement of illegally removed trees must be approved by the town.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)