A.   Preservation of natural vegetation, geologic features, wildlife habitat and open space;

B.   Minimizing the amount of grading and earthwork, including street excavation and site grading;

C.   Retaining trees and other native vegetation, except in those cases where a high fire hazard results, which stabilizes steep hillsides, retains moisture, prevents erosion and enhances the beauty of the natural landscape;

D.   Designing and constructing roads, where necessary, in such a way as to minimize scars from cuts and fills and to avoid permanent scarring of hillsides and other sensitive land areas, and to make them easily accessible for fire protection, snow removal, school buses, and emergency vehicles;

E.   Placing building sites to permit ample room for landscaping, surface drainage, parking, and sewer serviceability;

F.   Grading which will eliminate sharp angles at the top and at the toe of cut and fill slopes, both with respect to building sites and to road cross sections;

G.   Creating street rights of way, grades, lot layouts and structure designs which will aid the objective of reducing excavation and natural topographic disturbance;

H.   Allowing cluster type development or similar concepts that will minimize disturbance of steep or sensitive terrain;

I.   Authorizing early temporary or permanent planting, or both, wherever appropriate to maintain necessary cut and fill slopes, stabilizing them by plant roots and concealing the raw soil from view; and

J.   Protecting view corridors. (Ord. 1009, 9-4-2012)

A.   Application: The regulations contained in this chapter shall apply to all lands located within the hillside sensitive lands overlay zone as delineated on the official zoning map.

B.   Conflicting Provisions: In the event of conflict between this chapter and other provisions of this code, the more restrictive provision shall apply.

C.   Preliminary Activities: The following requirements shall govern any preliminary surveying, testing, or design related activities conducted within the hillside sensitive lands overlay zone for the purpose of exploring, evaluating and/or establishing locations for any permanent improvements. Preliminary activities associated with the investigation of geologic hazards shall also be subject to the requirements of Section 10-7-070, "Preliminary Activities", of this code.

1.   Land Disturbance Proposals: Proposals for surveying, testing or other design related activities requiring physical entry into areas located within the hillside sensitive lands overlay zone shall be submitted to the zoning administrator for review and approval. The areas of proposed disturbance shall be staked at the applicant's expense. Following staking, the city's representatives shall have a reasonable opportunity to observe the staking. Prior to granting a permit, the zoning administrator shall receive input from the city engineer.

2.   Land Disturbance Permit: As required by title 18 of this code and except as otherwise noted therein, no person shall commence or perform any land disturbance, grading, relocation of earth, or any other land disturbance activity without first obtaining a land disturbance permit. Application for a land disturbance permit shall be filed with the city engineer on forms furnished by the city for such purposes. The permit shall be limited to the staked areas of proposed disturbance.

3.   Improvements To Conform: Following the completion of any preliminary surveying, testing, or design related activities in accordance with this section, any permanent improvements subsequently developed or installed in the hillside sensitive lands overlay zone shall conform to the provisions of this code. (Ord. 1009, 9-4-2012; amd. Ord. 1696, 12-16-2025)

A.   General: Proposals for development in the hillside sensitive lands overlay zone shall follow the procedure set forth in this section and other applicable provisions as set forth in this code, and shall be reviewed and approved by the zoning administrator before issuance of applicable entitlements.

1.   Proposals for development other than single-family residences regulated by this title shall be reviewed by the Draper City planning commission.

2.   Developments regulated by title 17 of this code shall be reviewed and approved by the planning commission at the concept and preliminary plan stages.

3.   All proposals for development within the hillside sensitive lands overlay zone shall be reviewed by the development review committee. The development review committee shall advise the zoning administrator, planning commission and city council as to compliance with the requirements of this code and this chapter.

B.   Conceptual Master Plan Approval: Development within the hillside sensitive lands overlay zone shall first require approval of a conceptual master plan and shall include the following information:

1.   A development map, drawn at a scale of one inch equals one hundred feet (1" = 100') or larger, which shows:

a.   One or two foot (2') contour intervals;

b.   Natural slopes of thirty percent (30%) or greater color shaded;

c.   The proposed development layout of lots, roads, schools, churches, parks, open space, fire stations, commercial, cut or fill slopes or area of disturbances, and any other proposed land use;

d.   Any roads with grades in excess of eight percent (8%); and

e.   Native vegetation, type and location.

2.   A report which indicates:

a.   Total development area;

b.   Number of lots or units;

c.   Proposed density;

d.   Percentage of each use, such as residential, commercial, recreation, and transportation; and

e.   A statement of justification for the project design.

C.   Preliminary Approval: Following conceptual master plan approval, a preliminary approval shall be obtained. The following information and reports shall be submitted as part of an application for preliminary approval and may be in addition to information required for preliminary approval for a subdivision:

1.   A development plan or model at a scale determined appropriate by staff, which shows:

a.   Two foot (2') contour intervals or as determined appropriate by staff;

b.   Natural slopes of thirty percent (30%) or greater color shaded; and

c.   The proposed development layout of lots, roads, open space, cut or fill slopes or area of disturbances, and existing native vegetation.

2.   A geotechnical report which contains the following information:

a.   Nature, distribution and classification in accordance with the American Association Of State Highway Transportation Officials (AASHTO) M145 classification of soils and soil aggregate mixtures for highway construction purposes for existing soils to the appropriate depth of influence by the proposed development, but not less than ten feet (10') deeper than the proposed excavations or to bedrock;

b.   Strength of existing soils, bearing capacity of supporting soils, settlement estimates, lateral pressures and trench excavation limitation;

c.   Groundwater levels that may affect development and estimated elevation of high groundwater levels;

d.   Appropriate laboratory testing for classification, consistency, strength and consolidation conditions;

e.   Slope stability;

f.   Potential frost action based on material type and groundwater level;

g.   Frost depth;

h.   Geologic and hydrologic hazards, unless described in subsections C4 and C5 of this section, entitled geotechnical and geological report and grading and drainage report; and

i.   A verified written statement by the persons or firm preparing the geotechnical report describing the general suitability of the site for the owner's intended use, identifying soil constraints to development and stating the professional opinion of the author as to the ability of the proposed development plan to mitigate or eliminate said constraints in a manner as to prevent hazard to life, hazard to property, adverse affects on the safety use or stability of a public way or drainage channel, and adverse impact on the natural environment. If the geotechnical report prepared for a subdivision shows the presence of critically expansive soils, high water table, organic soils, liquefiable soils, collapsible soils, or other soil characteristics which, if not corrected, would lead to structural defects of the proposed roadways, buildings, damage to the building from the water, or premature deterioration of the public improvements, a geotechnical investigation for the subject section of roadway or of each lot in the subdivision shall be submitted.

3.   A vegetation report identifying:

a.   Location and identification of existing vegetation;

b.   Vegetation to be removed and the method of disposal;

c.   Vegetation to be planted to replace the amount and type being removed;

d.   Slope stabilization measures to be installed;

e.   An analysis of the environmental effects of such operations including effects on slope stability, soil erosion, water quality, wildlife, and fire hazard; and

f.   Topsoil stockpile areas for restoration of topsoil following completion of construction.

4.   A geotechnical and geological report in accordance with the provisions of Title 10, Chapter 7, "Geologic Hazards", of this code.

5.   A grading and drainage report which includes stormwater management, erosion, and grading plans describing the methods by which surface water, natural drainages, flooding, erosion and sedimentation loss, and hydrologic hazards will be controlled during and after construction with all drainage calculations and plans submitted in accordance with the Draper City drainage design criteria referenced in title 11, chapter 2 of this code and showing:

a.   Present topography including elevations, lines and grades including the location and depth of all proposed fills and cuts of the finished earth surfaces using a contour interval of one or two feet (2');

b.   The proposed area to be graded clearly delineated on the plan;

c.   A description of soil conditions of the watershed. Erosion calculations shall employ predictions of soil loss sheet erosion using the universal soil loss equation or appropriate equivalent. Data to be provided shall include factors of:

(1)   Rainfall intensity and duration;

(2)   Soil erodibility;

(3)   Land slope and length of slope or topography;

(4)   Condition of the soil surface and land management practices in use; and

(5)   Surface cover, grass, woodland, crops, and pavements.

D.   Report Preparation: All required reports shall be prepared by persons licensed to practice their specialty or expertise in the state of Utah, if such license for practice is required.

E.   Final Approval: Final approval shall require satisfactory compliance with all of the requirements of the preliminary review, and compliance with all Draper City requirements for final plat approval as set forth in this code. (Ord. 1009, 9-4-2012; amd. Ord. 1696, 12-16-2025)

A.   Development In General: Slope areas in excess of thirty percent (30%) may not be developed, and no more than thirty percent (30%) of a development's slope areas in excess of thirty percent (30%) may be included in the area calculation to determine density. The planning commission may modify this requirement upon finding that:

1.   No significant harm will result;

2.   The proposed modification will result in a more functional and improved plan; and

3.   The developer/builder agrees to comply with any conditions or requirements imposed by the planning commission to mitigate any adverse effects which may result from the proposed modification.

B.   Subdivision, Single-Family Lots: Except as provided in subsection A of this section, the minimum lot size and yard requirements of the underlying zone shall apply except that every lot shall have at least three thousand five hundred (3,500) square feet of buildable area. The buildable area is the area where the slope is thirty percent (30%) or less, and shall be completely contiguous and have a minimum dimension of fifty feet (50'). Lots shall allow dwelling units to be located within two hundred fifty feet (250') from a public street. All main and accessory buildings shall be built within the buildable area.

C.   Density Limitations: Except as provided in subsection A of this section, the density limitations of the underlying zone shall apply except that all buildings shall be built upon the buildable area.

D.   Maximum Impervious Material Coverage: The total maximum allowable coverage by impervious material within a project or portion of a project within the sensitive lands overlay zone shall not exceed thirty five percent (35%) of the total project area. Areas of roofs and driveways will be estimated and included in the total impervious surface area.

1.   The planning commission may allow commercial, institutional or multi-family residential projects to exceed the thirty five percent (35%) impervious coverage limitation, based upon the recommendations of the city engineer and community development director, and adherence to the following criteria:

a.   The proposed project demonstrates that it does not create an adverse drainage, erosion control, or other natural hazard;

b.   The proposed project meets the city's landscaping requirements for commercial, institutional, and/or multi-family projects or development;

c.   The proposed project meets all other requirements of the sensitive lands overlay zone and land disturbance ordinances (title 18 of this code). (Ord. 1009, 9-4-2012)

A.   Intent: It is intended by this chapter that the development standards and provisions, as set forth in this code, shall be required in connection with all building and construction in the hillside sensitive lands overlay zone.

B.   Grading Drainage And Erosion: The area of the watershed shall be used to determine the amount of stormwater runoff generated before and after construction.

1.   The developer is responsible for interim stabilization of all disturbed areas during the period of construction to prevent erosion off site effects, and for final stabilization once construction is completed.

2.   Existing drainage channels shall remain as historically located except that roads and utilities may be installed across such channels as approved by the planning commission or the city council. Where these channel modifications are planned, the developer shall obtain applicable Utah division of water rights and U.S. army corps of engineers permits. The developer shall provide evidence of such applications to the city. Structures and/or lots shall be arranged so as to ensure adequate setbacks from all drainage channels. The 100-year storm shall be that basis for calculating setbacks.

3.   Facilities for the collection of stormwater runoff shall be required to be constructed on development sites and:

a.   Shall be the first improvements or facilities constructed on the development site;

b.   Shall be designed so as to detain safely and adequately the maximum expected stormwater runoff for a 10-year storm. A maximum stormwater controlled release rate of 0.1 cubic feet per second per acre shall be the maximum permitted discharge in the Salt Lake County portion of Draper City. A maximum stormwater controlled release rate of 0.03 cubic feet per second per acre for a 10-year event and 0.06 cubic feet per second per acre for a 100-year event shall be the maximum discharge rates permitted in the Utah County portion of Draper City. However, no discharge shall exceed demonstrated historical flows from any drainage or sum of drainages. Further reductions in release rates may be required in situations of insufficient stormwater system capacity;

c.   Shall be so designed as to divert surface water away from cut faces or sloping surfaces of a fill;

d.   Utilize the existing natural drainage system to the extent possible in its unimproved state;

e.   Where drainage channels are required, use wide shallow swales lined with appropriate vegetation, rock, or other approved material instead of cutting narrow, deep drainage ditches;

f.   Use flow retarding devices, such as detention ponds, check dams, and recharge berms where practical to minimize increases in runoff volume and peak flow rate due to development;

g.   Include a hydrology map showing tributary areas for predevelopment, during construction, and postdevelopment; and

h.   Shall not allow detention or retention basins to be constructed on an identified geologic hazard.

4.   Construction on a development site shall minimize the disturbance of vegetation cover.

5.   Erosion control measures on a development site shall minimize increased suspended solids loading in runoff from such areas. A drainage design system to control stormwater erosion during and after construction shall be contained in a detailed grading and drainage report submitted by the developer.

6.   A description of any hydrologic hazards associated with the proposed development site and adjacent area shall be required. Hydrologic hazards may include high water table, surface water impoundments, gradient of the property, and floodplains.

C.   Cut And Fill Slopes:

1.   Cut and fill slopes shall be provided in accordance with Title 10, Chapter 7, "Geologic Hazards", and title 18, "Land Disturbance", of this code.

2.   Roadway cut and fill slopes located outside the dedicated public right of way shall be located within recorded easements providing for slope protection and preservation. The easements shall be in a form acceptable to the city.

D.   Earthwork:

1.   All surface areas to receive fill shall be stripped of any surface vegetation, topsoil, and organics and cleared of any trash and debris that may be present at the time of construction.

2.   After the site has been cleared and stripped, the exposed subgrade soils in those areas to receive fill shall be scarified to a depth of eight inches (8"), moisture conditioned and compacted to the compaction requirements of the city standards and specifications.

E.   Setbacks: The setbacks and other restrictions specified by this subsection are minimum requirements and may be increased by the city if necessary for safety and stability, to prevent damage of adjacent properties from deposition or erosion, or to provide access for slope maintenance and drainage. Setbacks deal with distances from property lines, structures or faults, and must satisfy requirements of the following subsections. Retaining walls may be used to reduce the required setbacks when approved by the city:

1.   Setbacks from property lines shall comply with the current building codes adopted by the city.

2.   Setbacks between graded slopes, cuts or fills, and structures shall comply with the current building codes adopted by the city.

3.   No structure shall be located over a fault. Determinations of the appropriate setback distance from the fault shall be made using the data obtained in the geological report by the person or firm who prepared the geological report, but in no case shall this distance be less than ten feet (10').

F.   Vegetation And Revegetation:

1.   All areas of development sites cleared of natural vegetation in the course of construction of off site improvements shall be replanted with vegetation which has good erosion control characteristics.

2.   New plantings shall be protected with mulch material and fertilized when in conjunction with planting and watering schedule.

3.   Persons or firms having expertise in the practice of revegetation, such as a licensed landscape architect or nurseryman, shall supervise the planning and installation of revegetation cover for the total development site.

4.   Vegetation shall be removed only when absolutely necessary, e.g., for the construction of buildings, roads and filled areas, as approved by the city engineer.

5.   Where permanent roads or roadbeds are to be used during construction and stormwater inlets have already been installed, they shall be protected to prevent sediment laden water entering the storm sewer system.

G.   Geology:

1.   No structures shall be built on or within ten feet (10') of any identified faults.

2.   No structures or improvements shall be allowed on any area known to be within an active landslide area.

3.   Problems associated with development on or near perched groundwater and shallow groundwater shall be mitigated.

4.   No structures shall be allowed in any rockfall zone.

H.   Fire Protection:

1.   Footing and foundation permits shall not be issued until work on the water system has commenced. A full building permit shall be issued only when the water system is completed and operational to provide fire protection.

2.   Each development site proposal and building permit application shall be reviewed by the fire department to determine whether it complies with the current International Fire Code. Developments which do not comply shall be disapproved.

3.   Restrictive covenants for a development in the hillside sensitive lands overlay zone shall not require the use of wood shake shingles or wood exterior siding, regardless of whether or not such materials have been treated with fire retardant.

I.   Streets And Rights Of Way:

1.   The city's street standards and specifications shall apply to all development, except where conditions related to proper development of hillside sensitive land areas necessitate altering these standards as described below and elsewhere in this chapter and as may be approved by the city.

2.   Street grade requirements:

3.   Streets, roadways and private accessways shall follow as nearly as possible the natural terrain.

4.   The maximum amount of impervious surface for streets shall be twenty percent (20%) of the entire development site.

5.   Points of access shall be provided to all developed and nondeveloped areas for emergency and firefighting equipment.

6.   Development sites which are located near well established canyon trails shall provide reasonable access to those trails.

7.   Although minimum rights of way may be reduced to forty five feet (45'), all fill slopes must be contained within the right of way.

8.   Except as explicitly waived by the planning commission, appropriate sight triangles shall be observed at all intersections in the hillside sensitive lands overlay zone.

9.   Variations of street design standards developed to solve special sensitive land visual and functional problems may be presented to the planning commission for consideration. Examples of such variations may be the use of split roadways to avoid deep cuts, one-way streets, modifications of surface drainage for curb, gutter and sidewalk design and other innovative designs for sensitive lands development.

a.   The maximum grade of such streets or rights of way shall be twelve percent (12%) except as hereafter provided.

b.   The provisions of this chapter shall not apply to streets or rights of way already constructed or which have heretofore been approved by the city.

c.   Streets shall be designed to meet the Draper City standards.

J.   Trails:

1.   "Trails" means a system of public recreational pathways located within the city for use by the public.

2.   The subdivider shall dedicate and improve to city standards trails necessary to provide public access to public lands and other trails shown on city or county master plans or required by the planning commission. Trails shall be located so that the route is feasible for both construction and long term maintenance; side slopes shall not exceed seventy percent (70%) and rock cliffs and other insurmountable physical obstructions shall be avoided. The specific location of the trail right of way shall be verified on the ground before approving the subdivision. The amount of land required for trail dedication without compensation shall not exceed five percent (5%) of the land within the subdivision, excluding trails located within a standard street right of way.

K.   Architectural Design:

1.   The design of buildings proposed for construction in the sensitive lands overlay zone is encouraged to be visually compatible with the natural beauty of the foothills and canyon areas.

2.   The use of materials for buildings and fences shall blend harmoniously with the natural setting.

3.   The planning commission may review the design and comment on the specified exterior materials and colors for all structures other than single- family and two-family dwellings.

4.   Exposed foundation walls shall not exceed four feet (4') above finished grade at any point.

L.   On Site Development: The property owner shall be fully responsible for making all improvements in accordance with the development site approval, such as drainage, erosion and vegetation requirements. (Ord. 1009, 9-4-2012; amd. Ord. 1479, 2-16-2021; Ord. 1497, 7-20-2021; Ord. 1696, 12-16-2025)