The intent and purpose of the HR-1 zone is to delineate environmentally sensitive areas within the city and to establish standards and guidelines for the uses and development activities occurring therein which recognize and appropriately balance the diverse interests arising from development. Because of the sensitive nature of the land in this zone, special conditions and requirements are attached to developments and building within the zone to promote the implementation of the legislative intent and to mitigate potential adverse aspects of developing in the area. Removing natural vegetation, creating large cuts and fills, and extensive grading can lead to hazards and are detrimental to the natural hillside environment of the city. The intent of the HR-1 zone is to limit such activities. (Ord. 08-4, 2-26-2008)

This code supports the need for the preservation of the natural environment conditions through clustering of development on flatter land, dedication of open space, preserving ravines and drainages, minimal or no building on steep slopes and ridgelines, and preserving wildlife habitat corridors in their natural state. (Ord. 08-4, 2-26-2008)

This code establishes the need for mitigation of potentially adverse or unsafe conditions arising from development activities for the protection of the interests of subsequent purchasers and occupants and adjacent landowners. (Ord. 08-4, 2-26-2008)

This code recognizes the rights of current owners to the reasonable use of the developable property providing development falls within the guidelines of the zone. (Ord. 08-4, 2-26-2008)

This code facilitates the location, design and construction of uses, development projects, and building sites within the zone, which provide safety consistent with the natural limitations and the need for protection of the environment. (Ord. 08-4, 2-26-2008)

Development must avoid or mitigate the potential impact of natural hazards from earthquakes, landslides, floods, fires and similar calamities, and reduce the extent of public involvement or expenditure in subsequent mitigation of the adverse or unsafe conditions. (Ord. 08-4, 2-26-2008)

Development must protect and conserve the culinary water supply, sensitive vegetation, soil, wildlife habitat and other natural resources within the area. (Ord. 08-4, 2-26-2008)

Development must minimize impacts to the present terrain and natural conditions. It must be demonstrated to the planning commission and city council that any proposed development will preserve the natural features and conditions of the area. Roadways and building envelopes shall conform to the lay of the land as much as possible. (Ord. 08-4, 2-26-2008)

Various activities are allowed within the HR-1 Zone. Also some uses can be allowed with conditions. (Ord. 08-4, 2-26-2008)

Uses permitted within the HR-1 Zone are the standard uses allowed within the zone. Though their use is permitted, they must be constrained to the intent and regulations of the HR-1 Zone. Permitted uses include:

Foster care homes.

Home occupations.

Livestock grazing.

Minor utility transmission projects.

Non-livestock and livestock animals specifically listed in section 10-18-5, table 10-18-B of this title.

Orchards and field crops.

Residential facilities for persons with a disability.

Residential facilities for the elderly.

Single-family residential dwellings on forty thousand (40,000) square foot lots or larger. (Ord. 17-9, 9-26-2017)

Conditional uses are those that can be allowed if approved by the Planning Commission. It should be demonstrated that the proposed use is in concert with the General Plan, zoning ordinances, adjacent land uses and adjacent conditional uses. The Planning Commission can require additional conditions be placed on these uses if such requirements help mitigate potential adverse effects that the use could cause. These uses can be denied if found that the negative effects outweigh the positive or if the health, safety, and welfare of the people is jeopardized. The following can be allowed as conditional uses:

Accessory apartments (see section 10-12-29 of this title for requirements).

Agricultural buildings directly associated with agricultural development. (Ord. 17-9, 9-26-2017)

Designing a development that conforms to the natural constraints of the terrain and the unique geologic features of the area is a main concern for maintaining the safety of current and future residents, preserving the aesthetic appearance of the hillside terrain, and allowing wildlife to continue to reside in the area. The first stage in designing a development in the HR-1 Zone shall be to determine what areas shall be left in a natural condition and how development shall minimize impacts to the hillside terrain. (Ord. 08-4, 2-26-2008)

In designing a development an applicant must first identify the property's sensitive environmental and aesthetic areas such as steep slopes, ridgeline areas, ravines and drainages, fault lines, unstable soils, and wildlife habitat areas. Impacts of development to these areas should be minimized or be dedicated to open space. A sensitive areas plan shall be required prior to the preliminary plat mapping all environmental constraints and illustrating the proposed layout of the subdivision demonstrating that impacts to the sensitive environmental and aesthetic areas are avoided or minimized. (Ord. 08-4, 2-26-2008)

A ravine is considered a continual low point in topography that slopes down a hillside. A drainage is similar to a ravine but is shown on the General Plan soils map as a low point that could carry water. The area thirty feet (30') from each side of the center of these features shall be designated as open space. All slopes twenty percent (20%) or greater and any incidental lesser slopes interspersed within these steeper slopes, rising from ravines and drainages, shall also be designated as open space. No building envelope shall be within these areas. City staff or the Planning Commission can require a larger setback if the drainage is wide in nature or if greater distances are required as established by a professional geologist, geotechnical engineer, or civil engineer registered in the State of Utah. (Ord. 08-4, 2-26-2008)

A "ridge" is defined as an elongated crest or series of crests of a hill and a "ridgeline" is defined as the highest elevation of a ridge running parallel with the long axis of the ridge. Any ridge or ridgeline or portion of a ridge or ridgeline with slopes greater than twenty percent (20%) shall be designated as open space. The open space area associated with the ridgeline will include all slopes twenty percent (20%) or greater and any lesser slopes interspersed within these steeper slopes. Required open space shall also extend uphill fifty feet (50') from the crest of the twenty percent (20%) slopes. City staff shall designate ridgeline areas citywide and show them on the sensitive lands map on file. No building envelope shall be within these areas. (Ord. 08-12, 7-22-2008, eff. 8-12-2008)

No building envelope shall be located within a minimum of one hundred feet (100') of a fault line as shown on the sensitive lands map on file, unless greater distances are required as established by a professional geologist or geotechnical engineer registered in the state of Utah. (Ord. 08-4, 2-26-2008)

Development shall preserve features, such as ridgelines, drainages, ravines, and other areas identified as a wildlife corridor. City staff shall designate wildlife corridors citywide and show them on the sensitive lands map on file. (Ord. 08-4, 2-26-2008)

No building envelope shall be located within one hundred feet (100') of an area identified to have unstable soils as disclosed within a geotechnical report, unless greater distances are required as established by a professional geologist or geotechnical engineer registered in the state of Utah. (Ord. 08-4, 2-26-2008)

All land having a slope of twenty percent (20%) or greater that is not a part of an approved building envelope shall remain in its natural state and shall not be graded, fenced, or otherwise disturbed. The planting of additional vegetation and/or the addition of sprinkler irrigation systems is allowed. Roads, trails, firebreaks, utilities, retention walls, and driveways can traverse these areas if it is demonstrated that they adhere to cuts and fills requirements in section 10-9A-17-4 of this article and other requirements in this code or that by their construction other adverse conditions are mitigated. (Ord. 08-4, 2-26-2008)

Natural vegetation including indigenous hardwood trees shall not be removed except for those portions of the site to be committed to the construction of roads, trails, firebreaks, utilities, and retention walls. All areas proposed for removal of vegetative materials shall be shown on the revegetation/retention plan. Revegetation of the types of trees removed may be required by the planning commission or from a professional landscaping firm for areas of cuts and fills and around retention walls. Areas requiring revegetation will be shown on the revegetation/retention plan. (Ord. 08-4, 2-26-2008)

Since development is required to conform to natural terrain conditions, at the subdivision phase, cuts and fills should only be associated with the construction of roads, trails, utilities, or other approved activities. Cuts, fills, and any grading to a lot should be completed at the time individual lot development occurs in the building process. Benching or terracing to provide additional or larger building sites is prohibited. (Ord. 08-4, 2-26-2008)

Open space and preserving the natural conditions are a fundamental aspect of the HR-1 zone. The following are requirements for all developments within the HR-1 zone. (Ord. 08-4, 2-26-2008)

Open space areas shall be shown on the plat map marked as unbuildable. Open space areas must remain in their natural state unless revegetation or retention is needed to mitigate adverse conditions due to past uses or if the planning commission approves an allowed use. The commission must approve the locations of proposed open space and any uses within them. The commission can also require additional areas of open space to further implement the intent of the zone. Open space can be public or private, part of a homeowners' association, or part of a private lot. (Ord. 08-4, 2-26-2008)

All slopes twenty percent (20%) or greater that are not a part of a building envelope are required to be preserved as open space. Ravines, drainages, ridgelines, unstable soils, and wildlife corridors shall also be preserved as open space. (Ord. 08-4, 2-26-2008)

Open space areas include three (3) categories: land deeded to the city as open space; areas preserved as open space as part of a homeowners' association; areas preserved as open space on private lots. (Ord. 08-4, 2-26-2008)

Any open space to be deeded to the city must be recommended by the planning commission and approved by the city council. If approved, the title must be conveyed to the city and be designated for open space purposes. Open space deeded to the city should be continuous to other open space areas, roads, trails, or adjacent properties that have the potential to become open space. These areas will be labeled on the preliminary and final plats as nonbuildable (except for areas approved for building allowed uses) and must be cordoned off during any grading and construction activities with nylon fencing or equivalent. The applicant and the city shall enter into a preservation agreement requiring the open space area to remain as such in perpetuity. Open space deeded to the city cannot be a part of a building lot or homeowners' association. (Ord. 08-4, 2-26-2008)

Designated open space areas on private property either on an individual lot or as part of a homeowners' association shall be required to have an open space preservation agreement with the city. The owner agrees to refrain from excavating, constructing roadways, or installing utilities not approved as part of a preliminary/final plat, or constructing any dwellings or other structures within the designated open space area. These areas will be labeled on the preliminary and final plats and must be cordoned off during any grading and construction activities with nylon fencing or equivalent. The applicant and the city shall enter into a preservation agreement requiring the open space area to remain as such in perpetuity. Open space cannot be a part of a building envelope. These areas will remain in private ownership. The owner can allow or limit access. (Ord. 08-4, 2-26-2008)

Roads, trails, utility corridors, and driveways can traverse open space areas if it is demonstrated that they pose a minimal impact to the area or that by their construction other adverse conditions are mitigated. Cuts and fills for these activities shall be revegetated and shown on the revegetation plan. Developed parks with lawn and Xeriscape, play equipment, picnic areas, pavilions, or other park facilities can be interspersed within open space areas. Open space can be linear along road corridors to allow for trails, sidewalks, or entrance features. (Ord. 08-4, 2-26-2008)

Trails required along roadways shown on the city trail plan shall be ten feet (10') wide and paved as described within the trail development standard. Trails traversing and connecting open space areas are required in cluster developments. Trail access must be provided in all developments from cul-de-sacs connecting to open space areas or to adjoining current or future developments. Trails connecting roads through open space to adjoining developments shall be six feet (6') wide, paved, and be set back from adjoining lot property lines at least fifteen feet (15') on each side. The planning commission can waive the paved trail requirement for gravel in areas that a gravel trail would be appropriate to help preserve natural conditions. (Ord. 08-4, 2-26-2008)

The design of lots shall conform to the environmental constraints of the property. The size, buildable areas and frontage to city streets are explained in this section. (Ord. 08-4, 2-26-2008)

Forty thousand (40,000) square foot and larger lots are the allowed base density of the zone and can be platted on terrain of any slope as long as the following requirements are met. (Ord. 08-4, 2-26-2008)

Open space areas are required in the HR-1 zone to preserve natural features that sustain hillside stability. For base density developments, open space areas shall conform to the requirements listed under sections 10-9A-10 through 10-9A-11-7 of this article. Open space can be a part of individual lots. Ravines, drainages, steep slopes, ridgelines, fault lines, unstable soils, and wildlife habitat corridors all must be included within open space areas. (Ord. 08-4, 2-26-2008)

The building envelope location shall conform to the natural terrain and remain within the areas of least slope. This area could be considerably smaller than the lot to accomplish this requirement. The minimum building envelope size is four thousand (4,000) square feet. The front, side and rear setback requirements must be met. No design envelope can be located within areas of thirty percent (30%) or greater slopes, nor can these slopes be graded to provide for a buildable area. (Ord. 08-4, 2-26-2008)

Lots that contain natural terrain with slopes between twenty percent (20%) and twenty nine percent (29%) must be engineered and approved by a licensed engineer. The city engineer and planning commission must approve lots incorporating these slopes. A building envelope can only contain a maximum of fifty percent (50%) of its area of these steeper slopes. (Ord. 08-4, 2-26-2008)

Frontage along a city street shall be a minimum of one hundred fifty feet (150'). Each lot shall abut upon and have direct access to a city street. The distance of said abutting side shall be not less than the minimum width requirement of the zone, except that the length of the abutting side may be reduced to not less than sixty feet (60') when the lot fronts upon a cul-de-sac or curve in a designated city street and the lot lines radiate in such a manner that the width of the lot will meet or exceed the minimum lot width requirements as determined in accordance with city code. (Ord. 08-4, 2-26-2008; amd. Ord. 21-05, 7-13-2021)

All dwellings and other main buildings shall be set back not less than fifty feet (50') from the front lot line which abuts on any existing or proposed public street right of way. (Ord. 08-4, 2-26-2008)

The planning commission can approve an adjustment to the front setback of not less than twenty feet (20') from the front lot line abutting a street if it is demonstrated that by doing so sensitive areas such as steep slopes, ridgelines, drainage areas, or wildlife corridors would be preserved. A forty five foot (45') clear zone at the corner of a road intersection is still required. (Ord. 08-4, 2-26-2008)

All dwellings and other main buildings, including any attached garage or similar structure, shall have side setbacks of thirty feet (30') or greater from any side property line. (Ord. 08-4, 2-26-2008)

All dwellings or other main buildings shall be set back thirty feet (30') or greater from the rear lot line. On corner lots for a garage that is attached to the rear of the dwelling, the required rear setback for the garage may be reduced to twenty feet (20') or greater from the rear lot line. No living area can be included within the garage footprint in the reduced area. (Ord. 08-4, 2-26-2008)

 

(Ord. 08-4, 2-26-2008)

The varying slopes within the HR-1 zone make road designs complicated at best. As with other requirements of the zone, minimal impact to the current slopes, ravines, drainages, wildlife corridors, and vegetation is required. These roadway regulations are required within all developments of the HR-1 zone. (Ord. 08-4, 2-26-2008)

Each lot shall front upon and have direct access to a designated city street. (Ord. 08-4, 2-26-2008)

All existing public streets and all streets proposed to be dedicated to the public shall be improved in accordance with city standards for public streets. (Ord. 08-4, 2-26-2008)

No street shall have a grade of more than eight percent (8%), except that the planning commission may approve up to a ten percent (10%) grade for short straight stretches of roadway under three hundred feet (300') in length. The commission must conclude that the eight percent (8%) standard would result in undesirable extra earthwork or circuitous routes and that the proposed steep grade section will not result in the establishment of a hazardous condition. It is the responsibility of the developer to present evidence that the additional allowance in grade is desirable. The city engineer and fire chief shall provide recommendation regarding hazardous conditions and any other concerns on the proposed steep grade sections. It must also be demonstrated that for dead end or temporary stubbed streets constructed on grades over eight percent (8%), that the road shall not be constructed in a manner that would make adjacent future development be out of compliance with the three hundred foot (300') requirement. (Ord. 08-4, 2-26-2008)

Roads proposed to cross slopes greater than ten percent (10%) are allowed if proof that such road will be built with the preservation and mitigation of environmental impacts to drainages, ravines, steep slopes of twenty percent (20%) or greater, ridgelines, fault lines, and wildlife corridors. The road design must follow the contour of the land to preserve the natural character of the land, and be screened with trees or vegetation. Cutting and filling is minimized and must be stabilized and revegetated to a natural state within the two (2) year durability time period. The planning commission and city engineer must approve a revegetation/retention plan. (Ord. 08-4, 2-26-2008)

Roads that cross slopes greater than thirty percent (30%) must be approved by the planning commission and the city engineer; they must conclude that such roads will meet the regulations regarding cuts and fills and that such cuts and fills along with the placement of the road will not have adverse visual or safety impacts. Screening of cuts and fills with vegetation or other means can be required by the planning commission to minimize visual scarring. A segment of a road can cross short stretches of thirty percent (30%) or greater slopes for up to one hundred feet (100') in length. The planning commission can grant an exception to the one hundred foot (100') rule up to three hundred feet (300') if it is demonstrated that there are no other alternatives for the placement of the road. A road crossing these slopes must provide access to a larger developable area. No road can cross slopes greater than forty percent (40%). (Ord. 08-4, 2-26-2008)

The maximum grade of intersecting roads shall be a four percent (4%) grade extended a minimum of one hundred feet (100') on each leg of the intersection. The planning commission can make an exception and allow a three percent (3%) grade extended a minimum of fifty feet (50') on each leg of the intersection if the developer demonstrates that the four percent (4%) base requirement cannot adhere to the cut and fill standards in section 10-9A-13-7 of this article. Grade shall be measured from the edge of the asphalt of the intersecting roadway to the nearest grade break/vertical curve. (Ord. 08-4, 2-26-2008)

No road providing access to a lot shall be constructed in a location or in such a manner that results in the creation of a slope arch exceeding the critical angle of repose or a disturbed cross section which exceeds the cut and fill slope standards for streets in the city. Cut or fill slopes shall be no steeper than two feet (2') horizontal to one foot (1') vertical and shall be designed with acceptable erosion control systems. An erosion control system is generally composed of a combination of long term nondegradable erosion mat, structural geogrid and/or geotextile. The maximum combined cut or fill allowed at any point of a road section shall be limited to thirty feet (30') with the maximum of twenty feet (20') in height on one side of the roadway. Retaining walls can only be fifteen feet (15') for a cut and fifteen feet (15') for a fill at any place in the road cross section. Any retaining wall associated with a road that extends outside of the standard road right of way area shall be dedicated to the city as part of the road system. (Ord. 08-4, 2-26-2008)

All disturbed cut and fill slope areas shall be stabilized and revegetated. The submittal materials for the preliminary plat shall include a detailed revegetation/retention plan showing the intended revegetation and retention treatment for all cut and fill slope areas of roads and the performance guarantee amounts shall include their costs. (Ord. 08-4, 2-26-2008)

All cul-de-sacs shall conform to section 10-15C-5, "Cul-De-Sacs", of this title. (Ord. 16-2, 8-23-2016)

The road system shall conform to the city master transportation plan. Driveway access to arterial and major collector roads should be limited. For traffic calming purposes, local streets should be short in length to promote livable neighborhoods. Major roads on the city master transportation plan shall not be longer than two thousand feet (2,000') in length without an intersecting street; local roads shall not be longer than one thousand feet (1,000'). If terrain features require a longer street, the planning commission can grant an exception to the distance requirement. Pedestrian connectivity to open space areas, public facilities, trails and adjacent cul-de-sacs must be provided. (Ord. 08-4, 2-26-2008)

All development in the HR-1 hillside residential 1 zone shall have more than one access route which provides simultaneous access for emergency equipment and civilian evacuation. The design of access routes shall take into consideration traffic circulation and provide for looping of roads as required to ensure at least two (2) access points. Looped roads with a single access are not allowed.

   A.   Specifications: All roads shall conform with the city development code, subsection 10-15C-2A of this title, streets and roads. (Ord. 11-7, 8-9-2011, eff. 8-10-2011)

Conceptual work done before the extensive work needed to gain preliminary plat approval can guide the applicant in a direction that can help make development layout better, obtain approvals in a timely manner, and be overall less expensive. A concept plan is not required but is highly recommended. (Ord. 08-4, 2-26-2008)

The concept stage does not require an application or fee. There are recommended guidelines that can be followed to help give the planning commission enough detail to adequately review a concept proposal. (Ord. 08-4, 2-26-2008)

Since a concept plan is not required, projects are not vested at concept. Any advice or direction given by staff or the planning commission shall not be construed as an approval. If needed, the concept stage is the appropriate time to adjust the development code if needed to create a better project. (Ord. 08-4, 2-26-2008)

A full sensitive areas plan is not required in the concept stage, but it is recommended that a cursory plan be done to aid in designing the concept plan layout. See section 10-9A-15-3 of this article for the requirements of a sensitive areas plan. (Ord. 08-4, 2-26-2008)

City staff as part of the technical review committee will review the concept plan and make comments that can guide the applicant to design a development that meets the HR-1 zone intent and regulations. Multiple reviews can occur. Staff review shall occur prior to a public meeting and planning commission review. (Ord. 08-4, 2-26-2008)

A neighborhood meeting is recommended to be held with the neighboring property owners and others nearby that could be affected by the development. This meeting is informal and can occur during a planning commission work session. This is an opportunity to gauge public sentiment and garner ideas that might help form a better development. (Ord. 08-4, 2-26-2008)

After staff reviews and any public meetings, the planning commission shall review in a work session the revised concept plan and give comments to the applicant that can help guide the development to meet the intent of the HR-1 zone and its regulations. Additional reviews and a field trip to the site may occur. (Ord. 08-4, 2-26-2008)

A preliminary plat is required and is the first official step toward gaining approvals of a development. With the plat being preliminary in nature, larger developments and those being proposed on unique terrains can require multiple renditions of the plat as prescribed by staff and the planning commission. (Ord. 08-4, 2-26-2008)

The preliminary plat stage requires an application and fee. Listed on the application are the requirements that must be met to have a complete application along with the fee schedule. (Ord. 08-4, 2-26-2008)

Once an application is found complete and all fees paid, an applicant is vested with all applicable development codes and standards. (Ord. 08-4, 2-26-2008)

The sensitive areas plan shall use as a base an aerial map showing the nondisturbed conditions that exist prior to any grading or construction. The map shall outline the current vegetative conditions including clusters or groves of trees. It shall also illustrate natural features including ravines, drainages, steep slopes, ridgelines, fault lines, wildlife habitat corridors, unique soil features such as collapsible soil, rock features, etc. Proposed lots, building envelopes, roads, trails, and open space areas shall be overlaid on the map. The plan shall be submitted and approved by the planning commission prior to the submittal of the preliminary plat. The commission can require redesigns of lots, roads, and other development features to better implement the intent of this code. Data from the sensitive areas plan shall be used to develop the preliminary plat by locating areas that should be preserved to meet the intent and regulations of the HR-1 zone. (Ord. 08-4, 2-26-2008)

A slope analysis plan shall be submitted in conjunction with the sensitive areas plan and prior to the submittal of the preliminary plat. The slope analysis shall show contour lines at two foot (2') intervals. It will also identify by color slopes under fifteen percent (15%), fifteen percent (15%) to nineteen percent (19%), twenty percent (20%) to twenty nine percent (29%), thirty percent (30%) to thirty nine percent (39%) and forty percent (40%) and above. Proposed lots, building envelopes, roads, trails, and open space areas shall be shown on the map. The slope analysis shall aid the applicant, staff, and the planning commission in determining that the intent and regulations of the HR-1 zone are met. (Ord. 08-4, 2-26-2008)

The preliminary plat shall delineate the location of designated setback areas, the building envelope, areas of cuts and fills, retention, open space areas, and conform to the requirements set forth in chapter 15, article B of this title. A revegetation/retention plan, erosion control plan, and geotechnical report are required to be submitted and approved with the preliminary plat. (Ord. 08-4, 2-26-2008)

A revegetation/retention plan shall be submitted as part of the preliminary plat. The revegetation/retention plan shall show all areas that will be disturbed, retained and revegetated. These areas include roads, utility corridors, firebreaks, trails, or other proposed work that require cut and/or fills, any grading or retention. The plan shall show designated storage areas of debris, dirt, and topsoil. The plan shall detail where vegetation will be removed and replaced and the types of vegetation to be planted. Disturbed areas must be revegetated with indigenous plants before any bonds are returned by the city. Detail of how vegetation will be established shall be listed. Also shown are all cuts and fills and retention wall depths, slope, and height. A licensed civil engineer shall endorse the plan. The city engineer and planning commission must approve the plan. (Ord. 08-4, 2-26-2008)

An erosion control plan shall be submitted as a part of the preliminary plat. The erosion control plan shall detail how runoff will be controlled to avoid flooding problems on neighboring properties and how erosion will be controlled and how construction debris and silts will not be collected by the storm water system during construction. It will also detail how erosion will be managed in cut and/or fill areas. The city engineer and planning commission must approve the plan. (Ord. 08-4, 2-26-2008)

A preliminary geotechnical report shall be completed and submitted as a part of the preliminary plat. The report shall consider and address all recommendations in any reports prepared by the Utah geological survey (UGS) in relation to the subject property. If no prior reports have been prepared, the applicant shall consult with the appropriate UGS official, obtain comments addressing the geologic conditions affecting the area, and provide those comments. If unsafe geologic conditions that may affect the property and the probability that those conditions will detrimentally impact the proposed development or surrounding properties within fifty (50) years from the date of the statement, the environmental impact of the proposed action, including a projected "worst case scenario" of the detrimental effects the proposed action or development may have on the safety and environmental stability of the property and adjacent properties shall be required. Any adverse environmental effects that cannot be avoided, should the proposal be implemented, as well as alternatives to the development to avoid any unsafe geologic conditions, shall be documented. The geotechnical report shall be stamped and signed by a licensed professional geotechnical engineer registered in the state of Utah with experience in preparing and rendering geotechnical reports. The city can require that the report undergo a peer review by a separate engineering firm selected by the city at the applicant's expense. (Ord. 08-4, 2-26-2008)

City staff as part of the technical review committee will review the preliminary plat and its associated plans and reports and make comments that can guide the applicant to a development that meets the HR-1 zone intent and regulations. Multiple reviews can occur. Staff review shall occur prior to the public hearing and planning commission review. Staff shall make recommendations to the planning commission stating the general plan, city code, and the development standards to support their recommendations. (Ord. 08-4, 2-26-2008)

A public hearing shall be held with the neighboring property owners in accordance with subsection 10-11F-4D of this title. This is a formal meeting. Concerns and comments from the public shall be taken. Staff and/or the commission shall address any comments that cite code violations or health, safety, and welfare concerns. Comments from this hearing can aid the applicant, staff, and the commission to address design elements of the development. (Ord. 11-01, 4-12-2011, eff. 6-9-2011)

After staff reviews and comments from the public hearing have been addressed, the planning commission shall review the preliminary plat and associated plans and reports. The commission can require adjustments to the building envelope, roadways, open space areas, and other elements of the development that better accommodate the natural conditions present and ensure that location or construction of such elements will not result in the creation of an adverse or unsafe condition. The commission shall conclude that the development will accomplish and preserve the intent and regulations of the zone. (Ord. 08-4, 2-26-2008)

The commission can approve, approve with conditions, or deny the plat giving findings drawn from the general plan, city codes, and development standards. The motion shall be sent to the city council with the recommendation and findings from the commission. If the commission finds that the plat is not ready to be forwarded to the council, the commission can table the plat requiring the applicant to supply additional information or make changes. (Ord. 08-4, 2-26-2008)

The city council can approve, approve with additional conditions, or deny the plat basing their decision on the planning commission recommendations and their findings. If the council denies or significantly changes the plat, it shall be sent back to the planning commission for additional work. Significant changes shall include adding or subtracting five (5) or more building lots, adding development to sensitive lands (slopes over 20 percent, drainages, ravines, ridgelines, sensitive soils, fault lines, wildlife corridors), changes to open space, or changes that require additional engineering work. Additional public hearings could be required. Once a preliminary plat is approved, the developer has one year to gain final approval. If final approval is not obtained within the one year period, the plat approval and vesting shall be void. (Ord. 08-4, 2-26-2008)

A final plat is required and is the last official step toward gaining approvals of a development. Changes to the preliminary plat should be minimal. (Ord. 08-4, 2-26-2008)

The final plat stage requires an application and fee. Listed on the application are the requirements that must be met to have a complete application and the fee schedule. (Ord. 08-4, 2-26-2008)

The final plat shall conform to the city development standards. (Ord. 08-4, 2-26-2008)

All projects require a final geotechnical report. The geotechnical report shall be stamped and signed by a licensed professional engineer registered in the state of Utah with experience in preparing and rendering geotechnical reports. The report shall include as a minimum the following: field investigation; description and classification of site soils including boring and pit logs; depth to ground water if applicable; depth to bedrock if applicable; suitability of site soils for proposed project improvements including foundations; identification of expansive/collapsible soils and remedial action if required; liquefaction potential and remedial action if required; hazardous geologic conditions not accounted for or identified in the preliminary geotechnical report such as unstable soils, faults, etc.; stability of natural slopes; slope and retaining recommendations for graded slopes; soil weights, loads, and allowable bearing pressures; soil preparation recommendations; seismic recommendations, subgrade and pavement recommendations; other recommendations applicable to the project site. This report shall be completed and approved by staff prior to planning commission review of the final plat. The city can require that the report undergo a peer review by a separate engineering firm selected by the city at the applicant's expense. The geotechnical report shall be stamped and signed by a licensed professional geotechnical engineer registered in the state of Utah with experience in preparing and rendering geotechnical reports. (Ord. 08-4, 2-26-2008)

A public hearing is not required for the final plat though staff or the planning commission can decide to hold one if substantial changes from the preliminary plat would require additional comment. If a second hearing is not desired, the planning commission meeting where the final plat shall be reviewed is a public meeting. Staff can require an applicant to notify residents and landowners in the area of the meeting where the final plat shall be reviewed. (Ord. 08-4, 2-26-2008)

The commission can approve, approve with conditions, or deny the plat giving findings drawn from the general plat, city codes, and development standards. The motion shall be sent to the city council with the recommendation and findings from the commission. If the commission deems that the plat is not ready to be forwarded to the council, the commission can table the plat requiring the applicant to supply additional information or make changes. (Ord. 08-4, 2-26-2008)

The city council can approve, approve with additional conditions, or deny the plat basing their decision on the planning commission recommendations and their findings. If the council denies or significantly changes the plat, it shall be sent back to the planning commission for additional work. Once a final plat is approved, the developer has six (6) months to record the development with the county. If the final plat is not recorded with the county within the six (6) month period, the plat approval and vesting shall be void. (Ord. 08-4, 2-26-2008)

No grading, filling or excavation of any kind shall commence on land within the HR-1 zone without the developer first having obtained a grading permit. A revegetation/retention plan, endorsed by a licensed civil engineer, must be approved by the city engineer and planning commission prior to preliminary plat approval. A grading permit for subdivisions shall not be issued and shall not become active until the proposed development has final plat approval, all fees have been paid, and the bonding has been posted, guaranteeing the construction of all uncompleted required improvements. Areas outside of approved grading areas shall be cordoned off with nylon fencing or equivalent during the grading and construction process and shall not be disturbed. (Ord. 08-4, 2-26-2008)

All grading, removal of natural vegetation and retention on building lots requires a revegetation/retention plan and a grading permit. (Ord. 08-4, 2-26-2008)

The intent of the HR-1 zone is to construct with the natural terrain. All structures should be built using the current natural terrain configuration. Some grading can be approved it if is demonstrated that it is needed for safety, erosion control, or that the alternative is less desirable. Dwellings on the down slope side of a road should utilize the natural slope while designing the grade around the structure to drain away from it. Using fill to raise the finished grade around a structure to rise above a road is prohibited. (Ord. 08-4, 2-26-2008)

A revegetation/retention plan is required for each lot prior to any removal of vegetation or the issuance of a grading permit. The plan shall illustrate all areas proposed for removal of vegetative materials and retention. Revegetation of indigenous hardwood trees and grasses is required for areas of cuts and fills, around retention walls, and areas where previous activities have disturbed natural conditions. Areas requiring retention over four feet (4') will require the plan to be approved by a licensed civil engineer. The city engineer and planning commission shall approve the revegetation/retention plan. (Ord. 08-4, 2-26-2008)

Natural vegetation including indigenous hardwood trees can be removed from the portions of the lot to be committed to the dwelling, driveway, retention walls, firebreaks and areas required to be cleared as described within the urban interface area requirements (section 9-3-9 of the city code). Once these areas are cleared, seventy five percent (75%) of the remaining hardwood trees shall remain on the property. Areas with slopes twenty percent (20%) or greater that are not a part of an approved building envelope, ravines, drainages, and wildlife corridors shall remain in a natural state. (Ord. 08-4, 2-26-2008)

Cut or fill slopes shall be no steeper than two feet (2') horizontal to one foot (1') vertical and shall be designed with acceptable erosion control systems. An erosion control system is generally composed of a combination of long term nondegradable erosion mat, structural geogrid and/or geotextile. The maximum cumulative cut or fill allowed on a lot is fifteen feet (15'). (Ord. 08-4, 2-26-2008)

No grading, filling or excavation of any kind shall commence on land within the HR-1 zone without first having obtained a grading permit. A revegetation/retention plan, endorsed by a licensed civil engineer, must be approved by the city engineer and planning commission. A grading permit is required for each individual lot prior to a building permit being issued. Areas outside of approved grading areas shall be cordoned off with nylon fencing or equivalent during the grading and construction process and shall not be disturbed. (Ord. 08-4, 2-26-2008)

Each dwelling within any development in the HR-1 zone shall conform to the following requirements. (Ord. 08-4, 2-26-2008)

All buildings shall be constructed within the building envelope. The building envelope is identified on the approved subdivision plat and is located on the lot detailing the front, side and rear setback requirements. (Ord. 08-4, 2-26-2008)

For dwelling size requirements, see supplemental regulations, section 10-12-41 of this title. (Ord. 12-8, 12-11-2012)

For dwelling size requirements, see supplemental regulations, section 10-12-41 of this title. (Ord. 12-8, 12-11-2012)

The minimum width or length of any dwelling as measured from the outside wall shall be a minimum of twenty four feet (24'). Nonliving spaces such as garages, porches and sheds shall not be included in determining compliance with this requirement. (Ord. 08-4, 2-26-2008)

The maximum height of any dwelling shall be thirty six feet (36') as measured from the highest point of finished grade of the ground surface adjacent to the foundation of the structure to the top of the roofline. The minimum height of a building used as a dwelling shall be not less than eight feet (8'). Chimneys, flagpoles, television antennas and similar ancillary structures not used for human occupancy shall be excluded in determining height; provided, that no such ancillary structure shall extend to a height in excess of fifteen feet (15') above the building. (Ord. 08-4, 2-26-2008)

In addition to the requirements herein set forth, all dwellings shall conform to the special provisions relating to dwellings set forth under section 10-12-27 of this title. (Ord. 08-4, 2-26-2008)

The number of unrelated individuals residing in a dwelling unit shall not exceed four (4). (Ord. 13-2, 2-12-2013)

All dwellings within the HR-1 zone shall adhere to the following parking and driveway requirements. (Ord. 08-4, 2-26-2008)

A minimum of two (2) off street parking spaces shall be required for each dwelling unit and additionally for each accessory dwelling. Each off street parking space shall be not less than ten feet by twenty feet (10' x 20') per space and shall not be located within any portion of a front or side setback area adjacent to a street. (Ord. 08-4, 2-26-2008)

A minimum of two (2) off street parking spaces shall be enclosed within a garage. A minimum of one off street parking space shall be enclosed within a garage for an accessory dwelling. (Ord. 08-4, 2-26-2008)

No driveway providing access to a garage or off street parking area within a lot shall have a down slope grade from the adjacent street to the garage or covered off street parking area except when approved by the planning commission. The planning commission may approve a down slope driveway upon finding that any drainage of surface water will be adequately diverted from entry into the dwelling, garage or other covered parking area and that the proposed diversion treatment will not impact adjacent properties. (Ord. 08-4, 2-26-2008)

Any driveway providing access to a building envelope shall have a slope of not more than twelve percent (12%) at any point. A driveway grade up to fifteen percent (15%) is allowed if heated. Construction of a driveway shall not result in any cut or fill slopes greater than seven feet (7'). Any cut or fill between five feet (5') and seven feet (7') shall be subject to planning commission approval and shall be retained. (Ord. 08-4, 2-26-2008)

Fencing requirements will conform to the standards listed in section 10-12-13 of this title. Additionally, to preserve drainage and wildlife corridors, no fence shall be constructed on ravines, drainages, open space areas, and slopes of twenty percent (20%) or greater. (Ord. 08-4, 2-26-2008)

   A.   The CE-2 Zone consists of the more mountainous areas of the City which, because of the presence of steep slopes, unique soil characteristics, wildfire hazards or similar natural conditions are considered environmentally sensitive.

   B.   It is declared that the intent and purpose of the City Council in establishing the CE-2 Zone is to:

      1.   Delineate the environmentally sensitive areas of the City.

      2.   Establish minimum standards and guidelines for the use of land within the zone and development activities occurring thereon which recognize and balance: a) the need to sustain and promote the preservation of the natural environmental conditions in the area; b) the need for mitigating potential unsafe and adverse conditions in the area and avoid the creation of hazards from flood, fire and other natural conditions; c) the rights of property owners to the reasonable use and enjoyment of their land; and d) the need to otherwise preserve a healthy and safe living environment for the present and future occupants of the zone and adjacent territories. (Ord. 97-7-8-8, 7-8-1997)

   C.   Characteristic of the uses in the zone are single-family dwellings on five (5) acre or larger lots in naturalistic settings, situated in those portions of the zone which are most suitable for development activity interspersed with large undisturbed open space areas. Development clustering in these areas is encouraged through the use of the Planned Mountain Home Development (MHD) standards listed in chapter 11, article F of this title. (Ord. 06-9, 5-23-2006, eff. 6-14-2006; amd. Ord. 12-05, 11-27-2012)

   D.   Each development area and each lot or building site within a development area are to be located only on lands having a demonstrated physical suitability for accommodating housing and other permitted development activity. All dwellings and other uses are to be constructed under conditions which will safely and adequately accommodate the needs of both part time and permanent occupants of the area. (Ord. 97-7-8-8, 7-8-1997)

The following buildings, structures and uses of land shall be permitted upon compliance with the conditions set forth in this title:

Home occupations subject to the provisions of section 10-12-17 of this title.

Livestock grazing.

Non-livestock and livestock animals specifically listed in section 10-18-5, table 10-18-B of this title.

Orchards and field crops.

Residential facilities for persons with a disability pursuant to Utah Code Annotated.

Residential facilities for the elderly pursuant to Utah Code Annotated.

Single-family residential dwellings.

Utility transmission projects, minor. (Ord. 17-9, 9-26-2017)

The following buildings, structures and uses of land may be permitted conditional uses upon compliance with the provisions of this title and after approval shall have been given from the designated review agency:

Accessory apartments (see section 10-12-29 of this title for requirements).

Water, sewer and utility transmission lines and facilities required as an incidental part of development within the zone, and subject to the approval of a site plan in accordance with the provisions of section 10-12-19 of this title.

Wells, water storage tanks and similar facilities and structures when owned and operated by a public agency. (Ord. 17-9, 9-26-2017)

The minimum area and width requirements for a zoning lot, except when located within a Planned Mountain Home Development, shall be as follows:

 

(Ord. 97-7-8-8, 7-8-1997; amd. Ord. 12-05, 11-27-2012)

Each lot shall abut upon and have direct access to a City maintained street which is shown on the official street map or which has been formally accepted by action of the City Council. The distance of said abutting side shall be not less than the minimum lot width requirement of the zone, except that the length of said abutting side may be reduced to not less than eighty feet (80') when the lot fronts upon a cul-de-sac or sharp curve in a designated City street and the side lot lines radiate in such a manner that the width of the lot, measured between the side lot lines at points one hundred sixty feet (160') from the front lot line, will meet or exceed the minimum width requirements of the zone. (Ord. 08-9, 7-8-2008)

All buildings shall be set back in accordance with the following setback requirements, except that where the building is to be located upon a lot in an approved Planned Mountain Home Development showing a building setback envelope on the final plat, the building shall be located in accordance with the plat:

   A.   Main Buildings: All dwellings and other main buildings and structures shall be set back in accordance with the following:

      1.   Front Setback: All dwellings and other structures shall be set back not less than fifty feet (50') from the front lot line; provided, that on lots qualifying as a cul-de-sac lot under the provisions of section 10-9B-5 of this article, the required front setback shall be the distance from the front lot line at which the minimum width requirements are met, but not less than fifty feet (50'). (Ord. 08-9, 7-8-2008)

      2.   Side And Rear Setback: All dwellings and other structures shall be set back not less than fifty feet (50') from the side or rear lot line.

   B.   Accessory Buildings: Accessory buildings shall be set back not less than fifty feet (50') from any lot line which abuts upon a street and not less than ten feet (10') from any interior lot line. (Ord. 97-7-8-8, 7-8-1997)

All dwellings and other structures used for human occupancy shall be served by the City's culinary water and sanitary sewer system or other approved system in accordance with the provisions of section 10-12-21 of this title, and also electric, natural gas and telephone utilities. (Ord. 97-7-8-8, 7-8-1997)

   A.   Area Of Dwellings: Refer to section 10-12-41, "Dwelling Size Requirements For Residential Zones", of this title.

   B.   Minimum Dimension: The minimum width or length dimension of any dwelling as measured from the outside wall shall be not less than twenty four feet (24'). Nonliving spaces such as garages, porches and sheds shall not be included in determining compliance with this requirement.

   C.   Off Street Parking:

      1.   Not less than two (2) off street parking spaces shall be required for each dwelling unit. Each off street parking space shall be not less than ten feet by twenty feet (10'x20') per space and shall not be located within any portion of a front or side setback area adjacent to a street.

      2.   Not less than two (2) off street parking spaces appurtenant to a dwelling shall be enclosed within a garage.

   D.   Unrelated Residents: The number of unrelated individuals residing in a dwelling unit shall not exceed four (4). (Ord. 13-2, 2-12-2013)

   A.   Buildable Area: Each lot shall contain at least one area of not less than four thousand (4,000) square feet which qualifies as a "buildable area", as defined in section 10-2-2 of this title. Said buildable area shall be readily accessible from a public street over a private driveway having a slope not greater than seven feet (7'). Any cut or fill slope greater than five feet (5') shall be subject to approval by both the planning commission and city council. (Ord. 98-5-26-6, 6-26-1998)

   B.   Mountain Home Development; Buildable Area Designated: Where the lot is situated within an approved planned mountain home development, for which the buildable area has been previously designated on the plat, said designated area shall be construed as the buildable area.

   C.   Site Plan Requirements: The site plan required shall delineate the location of the territory qualifying as buildable area or the designated buildable area as shown on the final plat of the planned mountain home development, where applicable (see section 10-11F-7 of this title), and also the alignment of the proposed driveway access. All dwellings and other habitable structures and accessory buildings shall be located within the buildable area. For purposes of determining compliance herewith, no territory having a natural slope of thirty percent (30%) or greater which has been graded or altered shall be considered as part of the buildable area.

   D.   Review By Planning Commission: The planning commission shall review the site plan, the recommendations of the city engineer and any technical reports submitted in connection with a request for adjustment of the standards or criteria of this development code, and shall approve the application only upon a finding that:

      1.   All the plan submissions necessary for an adequate review and decision shall have been submitted and in a form suitable for evaluation by the city.

      2.   The plan conforms, in all respects, to applicable city requirements, standards and criteria; provided, however, in the course of performing the site plan review the planning commission may approve minor adjustments to the specific standards (i.e., inclusion of incidental areas of steep slope as part of the buildable area, closer setbacks), upon a finding that the requested adjustment is incidental, the supporting data provides adequate justification for the adjustment and that granting the adjustment will not be inimical to the intent of the standard or the purpose of the zone.

      3.   The location and arrangement of the buildings, roadways, open areas and other elements of the development duly recognize and accommodate the natural conditions present and construction of such elements will not result in the creation of an adverse or unsafe condition.

      4.   The development will accomplish and preserve the intent of the zone.

The city may require changes in the plan in order to more fully accomplish the intent of the zone. Such changes may include, but are not limited to, adjustments in the boundaries of the buildable area and changes in the location of roadways, structures, drainfields and similar elements. (Ord. 97-7-8-8, 7-8-1997)

   E.   Grading Permit: No grading, filling or excavation of any kind shall be commenced on land within the zone without first having obtained a grading permit from the city and signed by the city engineer, who shall not issue such permit until a grading plan, endorsed by a licensed civil engineer, shall have been approved by the planning commission. All land surface having a slope of twenty percent (20%) or greater shall remain in its natural state and shall not be graded or otherwise disturbed except for the planting of additional vegetation, the addition of sprinkler irrigation systems, the establishment of required firebreaks or access easements, or when such disturbance is specifically provided for under an approved site plan. A grading permit shall not be issued and shall not become active until the proposed development has reached final approval status, all fees have been paid, and the bonding has been posted, guaranteeing the construction of all uncompleted required improvements. (Ord. 07-5, 4-10-2007)

   F.   Removal Of Natural Vegetative Material: Natural vegetative material shall not be removed except for those portions of the site to be committed to the dwelling and attendant yard area, required roadways, driveways and for firebreaks. All areas proposed for removal of vegetative materials shall be shown on the site plan, and shall conform to the requirements of the city's urban/wildlife interface ordinance (title 9, chapter 3 of this code).

   G.   Dwellings Conform: All dwellings shall conform to the special provisions relating to dwellings set forth under section 10-12-27 of this title. (Ord. 97-7-8-8, 7-8-1997)

   A.   Access: Each lot shall front upon and have direct access to a designated city street.

   B.   Improvement Required: All existing public streets and all streets proposed to be dedicated to the public shall be improved in accordance with city standards for public streets.

   C.   Grade: No major collector/arterial street shall have a grade of more than eight percent (8%) and no local street shall have a grade of more than ten percent (10%), except that the city council may approve up to an additional two percent (2%) grade for short stretches of roadway where, in its opinion, the eight percent (8%)/ten percent (10%) standard would result in undesirable extra earthwork or circuitous routes and that the proposed steep grade section will not result in the establishment of a hazardous condition. It is the responsibility of the developer to present evidence that the additional allowance in grade is desirable. The city engineer shall provide recommendation regarding hazardous conditions and any other concerns on the proposed steep grade sections.

      1.   Roads that cross slopes greater than thirty percent (30%) must be reviewed by the planning commission and the city engineer; they must conclude that such streets or roads will not have significant adverse visual, environmental, or safety impacts.

      2.   Streets and roads proposed to cross slopes greater than ten percent (10%) are allowed, subject to the following:

         a.   Proof that such street and/or road will be built with minimum environmental damage (see subsection F of this section) and within acceptable public safety parameters.

         b.   Such street and road design follows contour lines to preserve the natural character of the land, and are screened with trees or vegetation.

      3.   Cutting and filling is minimized and must be stabilized and revegetated to a natural state within the first year of the two (2) year durability time period. A stabilization and revegetation plan must be approved by the planning commission and city engineer.

   D.   Intersection Grade: The maximum grade of intersecting roads shall be either four percent (4%) and extended a minimum of one hundred feet (100') on each leg of the intersection, or three percent (3%) and extended a minimum of fifty feet (50') on each leg of the intersection. Grade shall be measured from the edge of the asphalt of the intersecting roadway to the nearest grade break/vertical curve.

   E.   Slope: No street providing access to a lot shall be constructed in a location or in such a manner which results in the creation of a slope arch exceeding the critical angle of repose or a disturbed cross section which exceeds the cut and fill slope standards for streets in the city. Any driveway providing access to a buildable area shall have a slope of not more than twelve percent (12%) and shall not result in any cut or fill slopes greater than seven feet (7'). Any cut or fill between five feet (5') and seven feet (7') shall be subject to planning commission approval.

   F.   Stabilization And Revegetation: All disturbed cut and fill slope areas shall be stabilized and revegetated. The submittal materials for any plat plan shall include a detailed revegetation plan showing the intended revegetation treatment for all cut and fill slope areas of streets and the performance guarantees amounts shall include the cost of revegetation. (Ord. 07-3, 2-27-2007)

The general purpose of the Critical Environment 3 (CE-3) Zone is to promote safe, environmentally sensitive, development that balances the rights and long-term interests of property owners and those of the general public. These standards are intended to:

   A.   Preserve and maintain the visual and aesthetic qualities of the foothills, canyons, and prominent ridgelines as defined herein.

   B.   Protect public health and safety by adopting standards to reduce risk associated with natural and man-made hazards, with an emphasis on wildfire prevention.

   C.   Provide efficient, environmentally sensitive, and safe transportation routes of roads and trails for vehicles and pedestrians.

   D.   Incorporate parking areas at major trailheads that can also serve as emergency staging areas.

   E.   Encourage development that conforms to the natural contours of the land and minimizes scarring and erosion.

   F.   Minimize disturbance of existing trees and vegetation, conserve wildlife habitat and contiguous corridors, protect aquifer recharge areas promote revegetation with indigenous trees and plants, and otherwise preserve environmentally sensitive natural areas.

   G.   Reduce flooding by protecting drainage channels, absorption areas and flood plains. (Ord. 22-07, 11-8-2022)

   A.   Development must minimize impacts to the present terrain and natural conditions.

   B.   It must be demonstrated to the planning commission and city council that any proposed development will preserve the natural features and conditions of the area, following the restrictions outlined on the sensitive areas map.

   C.   Roadways and building envelopes shall conform to the lay of the land as much as possible. (Ord. 22-07, 11-8-2022)

This code establishes the need for mitigation of potentially adverse or unsafe conditions arising from development activities for the protection of the interests of subsequent purchasers and occupants and adjacent landowners. (Ord. 22-07, 11-8-2022)

This code recognizes the rights of current owners to the reasonable use of the developable property providing development falls within the guidelines of the zone. (Ord. 22-07, 11-8-2022)

This code facilitates the location, design, use, and construction of development projects and building sites within the zone. Design and location will provide safety consistent with the natural limitations and the need for protection of the environment. (Ord. 22-07, 11-8-2022)

Various activities are allowed within the CE-3 Zone. Some uses can be allowed with conditions. (Ord. 22-07, 11-8-2022)

Uses permitted within the CE-3 Zone are the standard uses allowed within the zone. Though their use is permitted, they must be constrained to the intent and regulations of the CE-3 Zone. Permitted uses include:

   A.   Foster care homes.

   B.   Home occupations.

   C.   Livestock grazing - must be managed to avoid stripping the land of vegetation, creating erosion issues.

   D.   Minor utility transmission projects.

   E.   This zone has livestock rights.

   F.   Orchards and field crops.

   G.   Residential facilities for persons with a disability.

   H.   Residential facilities for the elderly.

   I.   Single-family residential dwellings, subject to the requirements set forth in this article. (Ord. 22-07, 11-8-2022)

Conditional uses are those that can be allowed if approved by the Planning Commission and City Council and they meet the requirements of section 10-12-33 and 10-12-29 in the city code. It should be demonstrated that the proposed use is in concert with the General Plan and zoning ordinances. The following can be allowed as conditional uses:

   A.   Accessory apartments (section 10-12-29 of the city code).

   B.   Agricultural building directly associated with agricultural development are allowed to stand alone or as an accessory building. (Ord. 22-07, 11-8-2022)

Development must avoid or mitigate the potential impact of natural hazards from earthquakes, landslides, floods, fires, and similar calamities, and reduce the extent of public involvement or expenditure in subsequent mitigation of the adverse or unsafe conditions. (Ord. 22-07, 11-8-2022)

Development must protect and conserve the following:

   A.   Culinary water supply.

   B.   Watersheds/water drainage.

   C.   Vegetation.

   D.   Soil.

   E.   Wildlife habitat and contiguous corridors. (Ord. 22-07, 11-8-2022)

Designing a development that conforms to the natural constraints of the terrain and the unique geologic features of the area is a main concern for preserving the aesthetic appearance of the open space hillside terrain, allowing wildlife to continue to reside in the area and maintaining the safety of current and future residents.

   A.   The development design in the CE-3 Zone shall indicate what areas shall be left in a natural condition.

   B.   The development design will minimize impacts to the open space and hillside terrain.

   C.   The design will incorporate an interconnected trail system for public use, which includes trail access to natural spaces beyond the development area. (Ord. 22-07, 11-8-2022)

In designing a development an applicant must first identify the property's sensitive environmental and aesthetic areas: steep slopes, ridgeline areas, ravines and drainages, fault lines, unstable soils, wildlife habitat areas and major wildlife corridors. The General Plan Sensitive Areas Map outlines areas that should preserved and protected.

   A.   Impacts of development to these areas should be minimized or deemed unbuildable.

   B.   A sensitive areas plan shall be required prior to the preliminary plat, mapping all environmental constraints, and illustrating that the proposed layout of the subdivision limits or avoids sensitive environmental and aesthetic areas. (Ord. 22-07, 11-8-2022)

A ravine is considered a continual low point in topography that slopes down a hillside. A drainage is similar to a ravine but is shown on the General Plan Sensitive Areas Map as a low point that could carry water. No building envelope shall be within these areas.

   A.   The area thirty feet (30') from each side of the center of these features shall be designated as preserved natural space.

   B.   All slopes twenty percent (20%) or greater and any incidental lesser slopes interspersed within these steeper slopes, rising from ravines and drainages, shall be designated as preserved natural space.

   C.   City staff or the Planning Commission can require a larger preserved natural area if the drainage is wide in nature or if greater distances are required as established by a professional geologist, geotechnical engineer, the city engineer and the engineer of record. (Ord. 22-07, 11-8-2022)

A ridge is defined as an elongated crest or series of crests of a hill and a "ridgeline" is defined as the highest elevation of a ridge running parallel with the long axis of the ridge. Major ridgelines are identified on the city General Plan Sensitive Areas map. No building envelope shall be within these areas.

   A.   Any ridge or ridgeline or portion of a ridge or ridgeline with slopes twenty percent (20%) or greater shall be designated as preserved natural space.

   B.   The preserved natural space area associated with the ridgeline will include all slopes twenty percent (20%) or greater and any lesser slopes interspersed within these steeper slopes.

   C.   Required preserved natural space shall also extend uphill fifty feet (50') from the crest of the twenty percent (20%) slopes.

   D.   All structures must be set back from the crest of a slope for a minimum of thirty feet (30') for each story and not located within of above an adverse terrain feature. (Ord. 22-07, 11-8-2022)

A fault line is defined as a fracture in the earth's crust accompanied by displacement of one side relative to the other. No building envelope shall be located within a minimum of one hundred feet (100') of a fault line as shown on the sensitive lands map on file, unless greater distances are required as established by a professional geologist or geotechnical engineer registered in the state of Utah. (Ord. 22-07, 11-8-2022)

   A.   The area in CE-3 contains important wildlife habitat for a variety of animals. Wildlife corridors, as identified on the Sensitive Areas map, are designated by the state and certified as such are designated as preserved natural space and should be preserved and protected. (Ord. 22-07, 11-8-2022)

No building envelope shall be located within one hundred feet (100') of an area identified to have unstable soils that cannot be stabilized through engineering as disclosed within a geotechnical report, unless greater distances are required as established by the city engineer and the engineer of record. (Ord. 22-07, 11-8-2022)

   A.   All land having a slope of twenty percent to twenty-nine percent (20%-29%) or greater shall remain in its natural state and shall not be graded, or otherwise disturbed.

   B.   The planting of additional vegetation and/or the addition of sprinkler irrigation systems is allowed.

   C.   Roads, trails, firebreaks, utilities, retention walls, and driveways can traverse these areas if it is demonstrated that they adhere to cuts and fills requirements in section 10-9C-13-5 of this article and other requirements in this code or that by their construction other adverse conditions are mitigated. (Ord. 22-07, 11-8-2022)

All land having a slope of thirty percent (30%) or greater shall not be disturbed. Slopes thirty percent (30%) or greater are to be preserved in their natural state. (Ord. 22-07, 11-8-2022)

   A.   A revegetation/retention plan shall be submitted as part of the preliminary plat.

   B.   The revegetation/retention plan shall show all areas that will be disturbed, retained and revegetated. These areas include roads, utility corridors, firebreaks, trails, and other proposed work that requires cuts and/or fills, any grading or retention.

   C.   The slope, height, and depth of cuts and fills and/or retention walls shall be included.

   D.   The plan shall show designated storage areas for debris, dirt, and topsoil.

   E.   On slopes of twenty percent (20%) or greater, manmade or natural, plant materials with deep rooting characteristics shall be selected for revegetation, to minimize erosion and reduce surface runoff.

   F.   The revegetation/retention plan may not include landscaping or other elements that conflict with the approved fire protection plan.

   G.   Disturbed areas must be revegetated as outlined in the revegetation plan before any bonds are returned by the city.

   H.   A licensed civil engineer shall endorse the plan.

   I.   The city engineer, planning commission, and city council must approve the plan. (Ord. 22-07, 11-8-2022)

   A.   Development is required to conform to natural terrain conditions. At the subdivision phase, cuts and fills should only be associated with the construction of roads, trails, utilities, or other approved activities.

   B.   Cuts, fills, and any grading to a lot should be completed at the time individual lot development occurs in the building process.

   C.   Benching or terracing to provide additional or larger building sites is prohibited. (Ord. 22-07, 11-8-2022)

Preserved natural space is defined as areas that must be left in the undisturbed natural state. This land can be publicly or privately held.

   A.   The following areas are to be designated as preserved open space:

      1.   All ravines and drainages.

      2.   All ridgelines.

      3.   Wildlife corridors.

      4.   All slopes thirty percent (30%) or greater.

      5.   All slopes twenty to twenty nine percent (20%-29%). The following are allowed on the twenty percent to twenty nine percent (20%-29%) slopes.

      a.   Planting of additional vegetation and or the addition of sprinkler irrigation systems is allowed on these slopes.

      b.   Roads, trails, firebreaks, utilities, retention walls, and driveways can traverse these areas if it is demonstrated that they adhere to cuts and fills requirements in section 10-9C-13-5 of this article and other requirements in this code or that by their construction other adverse conditions are mitigated.

   B.   These areas can only be distributed for the following reasons:

      1.   Fire mitigation.

      2.   Emergency services.

      3.   To remove invasive vegetation and replace with noninvasive species.

      4.   Other reasons as approved by the city council.

   C.   Preserved natural areas shall be shown on the plat map marked as preserved natural space.

   D.   In the event an area falls into two (2) categories the more restrictive will govern. (Ord. 22-07, 11-8-2022)

Unbuildable area is defined as land that can be privately held and that does not have to be left in its natural state. No structures can be erected in these areas.

   A.   The following shall be designated as unbuildable areas:

      1.   Faultline.

      2.   Unstable soils.

      3.   Building setbacks.

   B.   Unbuildable areas shall be show on the plat map marked as unbuildable. (Ord. 22-07, 11-8-2022)

Open space and preserving the natural conditions are a fundamental aspect of the CE-3 zone. Open space is defined as land preserved in its natural state, and is designated as unbuildable, except for those uses outlined in 10-9C-12-2.

   A.   Open spaces shall be shown on the plat map marked as open space.

   B.   Open spaces must remain in the natural state unless revegetation or retention is needed to mitigate adverse conditions due to past uses or if the city council approves an allowed use.

   C.   The city council must approve the locations of proposed open space and any uses within them. (Ord. 22-07, 11-8-2022)

Development in accordance with the provisions of this Chapter will result in the dedication of open space or undeveloped preservation areas. It is the objective of the section to ensure that these areas remain unaltered and as intended in the establishment of this Chapter and the creation of the open space or preservation areas in perpetuity. Therefore, prior to the approval of any development in accordance with the provisions of this Chapter, the applicant for development approval shall prepare an open space conservation plan. The open space conservation plan shall be submitted prior to approval of any development proposal and shall be in addition to any other requirements of any development ordinance of Elk Ridge City. At a minimum, the open space conservation and shall include the following:

   A.   A legal description of each parcel proposed to be preserved as open space, park land or otherwise left in its natural state.

   B.   The proposed ownership of the open space or park land.

   C.   The proposed method to ensure that the open space or park land will remain in its intended state in perpetuity which may include one or more of the following:

      1.   A deed restriction upon the property indicating the allowable uses of the property. The deed shall be recorded in the office of the Utah County Recorder.

      2.   A conservation easement in favor of Elk Ridge City of another qualified not for profit agency approved by Elk Ridge City indicating the allowable uses of the property. The conservation easement shall be recorded in the office of the Utah County Recorder.

      3.   Dedication or ownership to Elk Ridge City or another recipient approved by Elk Ridge City.

      4.   Dedication or recordation of a conservation easement in favor of a qualified land trust or other organization approved by Elk Ridge City.

   D.   A maintenance plan for the open space or park land. The maintenance plan will need to include:

      1.   The anticipated needs for and proposed method of perpetual maintenance of the open space or park land including fencing, irrigation, restoration, fire protection, and any other issue determined by the City Council to be a maintenance concern.

      2.   The proposed funding mechanism necessary to complete proper maintenance of the open space or park land.

   In an effort to protect dedicated open space or preservation areas, it is anticipated that more than one of the strategies listed above may be employed by the applicant. (Ord. 22-07, 11-8-2022)

   A.   Roads, trails, utility corridors, and driveways can traverse open space areas if it is demonstrated that they pose a minimal impact to the area or that by their construction other adverse conditions are mitigated.

   B.   Cuts and fills for these activities shall be revegetated and shown on the revegetation plan.

   C.   Developed parks with lawn and Xeriscape, play equipment, picnic areas, pavilions, or other park facilities can be interspersed within open space areas.

   D.   Open space can be linear along road corridors to allow for trails, sidewalks, or entrance features. (Ord. 22-07, 11-8-2022)

   A.   All proposed development in CE-3 shall be consistent with the city's General Plan regarding trails, parks, and trail access locations. A dedication of private land may be required for public trails if the required dedication complies with the exaction requirements set forth in Utah Code section 17-27a-507(1).

   B.   All land offered for dedication for trails or public access to trails must be verified by Planning Commission and City Council before approval of the site plan. The city has the option of rejecting the applicant's offered land dedication if the proposed dedication does not comply with the exaction requirements set forth in Utah Code section 17-27a-507(1), or the requirements set forth in subsection C below. The city may suggest more suitable land for the applicant's consideration that does comply with each of these requirements.

   C.   Land offered for dedication for trails must be located so that:

      1.   Proposed trail construction and maintenance is feasible.

      2.   Side slopes do not exceed seventy percent (70%).

      3.   Rock cliffs and other insurmountable physical obstructions are avoided.

   D.   Trails required along roadways shown on the city trail plan shall have a ten foot (10') easement, surfaced as described within the trail plan, in addition to the standard street right-of-way.

   E.   In addition to trails along roadways and as part of the city trail plan, natural trails traversing and interconnecting open space areas throughout the development, as identified on the trails map, are required.

   F.   Trail easement connecting roads through open space to adjoining developments, public facilities, or adjacent cul-de-sacs shall be ten feet (10') wide and paved. The planning commission can waive the paved trail requirement in areas that a natural trail would be more appropriate to help preserve natural conditions.

   G.   Public parking areas at major trailheads, that can also serve as emergency staging areas, must be included in the proposed development.

   H.   Planning Commission and City Council can determine the required surface for each trail. (For example, but not limited to: paved, natural, gravel.)

   I.   Trails-in-lieu of sidewalks do not count towards the percentage of open space required for clustering. (Ord. 22-07, 11-8-2022)

The varying slopes within the CE-3 zone make road designs complicated at best. As with other requirements of the zone, minimal impact to the current slopes, ravines, drainages, wildlife corridors, and vegetation is required. These roadway regulations are required within all developments of the CE-3 zone. (Ord. 22-07, 11-8-2022)

All roads shall conform to city code 10-15C-2 Streets and Roads. All existing public streets and all streets proposed to be dedicated to the public shall be improved in accordance with city standards for public streets. All roads must be compliance with the city traffic management code. Until that code is adopted, all streets will not exceed one thousand (1,000) vehicles per day or one hundred (100) vehicles per hour. Study showing compliance will be paid for by the developer. (Ord. 22-07, 11-8-2022)

No major collector/arterial street shall have a grade of more than ten percent (10%) and no local street shall have a grade of more than ten percent (10%), except that the planning commission may recommend, and the city council approve, up to an additional two percent (2%) grade for short straight stretches of roadway under three hundred feet (300') in length.

   A.   City staff must conclude that the ten percent (10%) standard would result in undesirable extra earthwork or circuitous routes and that the proposed steep grade section will not result in the establishment of a hazardous condition. It is the responsibility of the developer to present evidence that the additional allowance in grade is desirable.

   B.   The city engineer shall provide recommendation regarding hazardous conditions and any other concerns on the proposed steep grade section.

   C.   It must also be demonstrated that for dead end or temporary stubbed streets constructed on grades over ten percent (10%), that the road shall not be constructed in a manner that would make adjacent future development be out of compliance with the three hundred foot (300') requirement. (Ord. 22-07, 11-8-2022)

   A.   All disturbed cut and fill slope areas shall be stabilized and revegetated.

   B.   Submitted plans for the preliminary plat shall include a general revegetation/retention plan showing the intended revegetation and retention treatment for all cut and fill slope areas of roads. (Ord. 22-07, 11-8-2022)

All cul-de-sacs shall conform to section 10-15C-5, "Cul-De-Sacs", of the city's general code.

   A.   Cul-De-Sac Turnaround Diameter: Each cul-de-sac shall be terminated with a turnaround or loop road of not less than one hundred fifty feet (150') in diameter at the property line. (Ord. 22-07, 11-8-2022)

   A.   The road system shall be designed to accommodate snow removal and storage. Consideration shall also be given for snow storage.

   B.   Cul-de-sacs with diameters of one hundred fifty feet (150') or greater are required to allow for essential use of emergency equipment and service vehicles.

   C.   Plans for snow storage are required for all roads and cul-de-sacs. (Ord. 22-07, 11-8-2022)

   A.   All development in the CE-3 Zone shall have more than one access route which provides simultaneous access for emergency equipment and civilian evacuation.

   B.   The design of access routes shall take into consideration traffic circulation and provide for looping of roads as required to ensure at least two (2) access points. Looped roads with a single access are not allowed.

   C.   Specifications: All roads shall conform with the city development code, subsection 10-15C-2 A of this title, streets and roads. (Ord. 22-07, 11-8-2022)

   A.   No grading, filling or excavation of any kind shall commence on land within the CE-3 Zone without the developer first having obtained a grading permit.

   B.   A revegetation/retention plan, endorsed by a licensed civil engineer, must be approved by the city engineer prior to preliminary plat approval.

   C.   A grading permit for subdivisions shall not be issued and shall not become active until the proposed development has final plat approval, all fees have been paid, and the bonding has been posted, guaranteeing the construction of all uncompleted required improvements.

   D.   Areas outside of approved grading areas shall be cordoned during the grading and construction process and shall not be disturbed. (Ord. 22-07, 11-8-2022)

The design of lots shall conform to the environmental constraints of the property. The size, buildable areas and frontage to city streets are explained in this section. (Ord. 22-07, 11-8-2022)

   A.   Four (4) acre (160,000 square foot) and larger lots are the allowed base density of the zone for traditional methods of development.

   B.   Lot sizes of no less than sixty thousand (60,000) square feet are allowed within a subdivision if open space requirements for sixty thousand (60,000) square feet is adhered to. (Ord. 22-07, 11-8-2022)

Open space areas are required in the CE-3 Zone to preserve natural features that sustain hillside stability. Open space areas shall conform to the requirements listed under sections 10-9C-11 through 10-9C-11-8 of this article. Open space can be a part of individual lots. Ravines, drainages, steep slopes, ridgelines, fault lines, unstable soils, and wildlife habitat corridors all must be included within open space areas. (Ord. 22-07, 11-8-2022)

The desired outcome of allowing homes to be sixty thousand (60,000) square feet lots is to preserve open space and help mitigate fore damage. Therefore, a development may subdivide to smaller lots of sixty thousand (60,000) square feet or greater, on slopes of less than twenty percent (20%), if forty percent (40%) of the development site is dedicated to public open space. Open space areas shall conform to the requirements listed under sections 10-9C-12 through 10-9C-12-2 of this article. Sixty thousand (60,000) square foot lot subdivisions shall include:

   A.   Sixty thousand (60,000) square foot lot subdivision that the Planning Commission and the City Council determine meets the intent of this article.

   B.   Open space area for public access to trails which includes area for trailheads.

   C.   Public parking at trailhead locations.

   D.   Fire Chief must approve that clustering has placed the home in lower fire risk areas. (Ord. 22-07, 11-8-2022)

The building envelope location shall conform to the natural terrain and remain within the areas of least slope. This area could be considerably smaller than the lot to accomplish this requirement. The minimum building envelope size is four thousand (4,000) square feet. The front, side and rear setback requirements must be met. No building envelope can be located within areas of thirty percent (30%) or greater slopes, nor can these slopes be graded to provide for a buildable area. (Ord. 22-07, 11-8-2022)

Lots that contain natural terrain with slopes between twenty percent (20%) and twenty nine percent (29%) must be engineered. The city engineer must approve lots incorporating these slopes. A building envelope can only contain a maximum of fifty percent (50%) of its area of these steeper slopes. (Ord. 22-07, 11-8-2022)

   A.   Frontage along a city street shall be a minimum of one hundred twenty feet (120').

   B.   Each lot shall abut upon and have direct access to a city street.

   C.   The distance of said abutting side shall be not less than the minimum width requirement of the zone, except that the length of the abutting side may be reduced to not less than sixty feet (60') when the lot fronts upon a cul-de-sac or curve in a designated city street and the lot lines radiate in such a manner that the width of the lot will meet or exceed the minimum lot width requirements as determined in accordance with city code. (Ord. 22-07, 11-8-2022)

All dwellings and other main buildings shall be set back not less than thirty feet (30') from the front lot line which abuts on any existing or proposed public street right of way. (Ord. 22-07, 11-8-2022)

All dwellings and other main buildings, including any attached garage or similar structure, shall have side setbacks of one hundred feet (100') or greater from any side property line. (Ord. 22-07, 11-8-2022)

All dwellings or other main buildings shall be set back one hundred (100') or greater from the rear lot line. (Ord. 22-07, 11-8-2022)

 

 

(Ord. 22-07, 11-8-2022)

Each lot shall front upon and have direct access to a designated city street. (Ord. 22-07, 11-8-2022)

The intent of the CE-3 Zone is to construct with the natural terrain. Some grading can be approved if it is demonstrated that it is needed for safety, erosion control, or that the alternative is less desirable. Dwellings on the down slope side of a road should utilize the natural slope while designing the grade around the structure to drain away from it. (Ord. 22-07, 11-8-2022)

All grading, removal of natural vegetation and retention on building lots requires a revegetation/retention plan and a grading permit. (Ord. 22-07, 11-8-2022)

A revegetation/retention plan is required for each lot prior to any removal of vegetation or the issuance of a grading permit. The plan must follow at a minimum the IBC (International Building Code) standards. Areas requiring retention over four feet (4') will require the plan to be approved by a licensed civil engineer. The city engineer and planning commission shall approve the revegetation/retention plan. (Ord. 22-07, 11-8-2022)

Natural vegetation including indigenous hardwood trees can be removed from the portions of the lot to be committed to the dwelling, driveway, retention walls, firebreaks and areas required to be modified as described within the urban interface area requirements (section 9-3-9 of the city code). Areas with slopes twenty percent (20%) or greater that are not a part of an approved building envelope, ravines, drainages, and wildlife corridors shall remain in a natural state. (Ord. 22-07, 11-8-2022)

Cut or fill slopes shall be no steeper than two feet (2') horizontal to one foot (1') vertical and shall be designed with acceptable erosion control systems. An erosion control system is generally composed of a combination of long-term nondegradable erosion mat, structural geogrid and/or geotextile. (Ord. 22-07, 11-8-2022)

   A.   No grading, filling or excavation of any kind shall commence on a lot within the CE-3 Zone without first having obtained a grading permit.

   B.   A revegetation/retention plan, endorsed by a licensed civil engineer, must be approved by the city engineer and planning commission.

   C.   A grading permit is required for each individual lot prior to a building permit being issued.

   D.   Areas outside of approved grading areas shall be cordoned off during the grading and construction process and shall not be disturbed. (Ord. 22-07, 11-8-2022)

Each dwelling within any development in the CE-3 Zone shall conform to the following requirements. (Ord. 22-07, 11-8-2022)

All buildings shall be constructed within the building envelope. The building envelope is identified on the approved subdivision plat and is located on the lot detailing the front, side and rear setback requirements. The building area must exclude all areas as defined in the Sensitive Areas Plan, the Slope Analysis Plan, and the setbacks as outlined above. (Ord. 22-07, 11-8-2022)

Accessory buildings must be located within the building envelope in CE-3. Accessory buildings must be located thirty feet (30') from any other building on the property. For additional requirements, see supplemental regulations, section 10-12-29 of this title. (Ord. 22-07, 11-8-2022)

For dwelling height requirements, see supplemental regulations, section 10-12-39 of this title. (Ord. 22-07, 11-8-2022)

In addition to the requirements herein set forth, all dwellings shall conform to the special provisions relating to dwellings set forth under section 10-12-27 of this title. (Ord. 22-07, 11-8-2022)

The number of unrelated individuals residing in a dwelling unit shall not exceed four (4). (Ord. 22-07, 11-8-2022)

All dwellings within the CE-3 Zone shall adhere to the following parking and driveway requirements. (Ord. 22-07, 11-8-2022)

A minimum of two (2) off street parking spaces shall be required for each dwelling unit. Each off street parking space shall be not less than ten feet by twenty feet (10' x 20') per space and shall not be located within any portion of a side setback area adjacent to a street. (Ord. 22-07, 11-8-2022)

A minimum of two (2) off street parking spaces shall be enclosed within a garage. A minimum of one off street parking space shall be enclosed within a garage for an accessory dwelling. (Ord. 22-07, 11-8-2022)

   A.   No driveway providing access to a garage or off-street parking area within a lot shall have a down slope grade from the adjacent street to the garage or covered off street parking area.

   B.   Applicability: These provisions apply to all developments in CE-3, with the following exceptions:   

      1.   The planning commission may approve a down slope driveway if:

         a.   The drainage of surface water will be adequately diverted from entry into the dwelling, garage, or other covered parking area.

         b.   The proposed diversion of surface water will not impact adjacent property. (Ord. 22-07, 11-8-2022)

   A.   Any driveway providing access to a building envelope shall have a slope of not more than twelve percent (12%) at any point.

   B.   A driveway grade up to fifteen percent (15%) is allowed if heated. (Ord. 22-07, 11-8-2022)

   A.   No fence may be constructed or installed unless shown on an approved site plan.

   B.   Fences are subject to the intersecting streets and clear visibility restrictions of this code.

   C.   Fencing requirements will conform to the standards listed in section 10-12-13 of this title.

   D.   Fences in identified wildlife corridors are strongly discouraged, but in no case may exceed forty-two inches (42") in height. (Ord. 22-07, 11-8-2022)

Conceptual work done before the extensive work needed to gain preliminary plat approval can guide the applicant in a direction that can help make development layout better, obtain approvals in a timely manner, and be overall less expensive. A concept plan is not required but is highly recommended. (Ord. 22-07, 11-8-2022)

The concept stage requires an application and fee. Listed on the application are the requirements that must be met to have a complete application along with the fee schedule. There are recommended guidelines that can be followed to help give the planning commission enough detail to adequately review a concept proposal. (Ord. 22-07, 11-8-2022)

Since a concept plan is not required, projects are not vested at concept. Any advice or direction given by staff, or the City Council shall not be construed as an approval. (Ord. 22-07, 11-8-2022)

A full sensitive areas plan is not required in the concept stage, but it is recommended that a cursory plan be done to aid in designing the concept plan layout. See section 10-9C-9-1 of this article for the requirements of a sensitive areas plan. (Ord. 22-07, 11-8-2022)

City staff will review the concept plan and make comments that can guide the applicant to design a development that meets the CE-3 zone intent and regulations. Multiple reviews can occur. Staff review shall occur prior to a public meeting and planning commission review. (Ord. 22-07, 11-8-2022)

A preliminary plat is required and is the first official step toward gaining approval of a development. With the plat being preliminary in nature, larger developments and those being proposed on unique terrains can require multiple renditions of the plat as prescribed by staff and the planning commission. (Ord. 22-07, 11-8-2022)

The preliminary plat stage requires an application and fee. Listed on the application are the requirements that must be met to have a complete application along with the fee schedule. (Ord. 22-07, 11-8-2022)

Once an application is found complete and all fees paid, an applicant is vested with all applicable development codes and standards. (Ord. 22-07, 11-8-2022)

   A.   The preliminary plat shall contain the following:

      1.   Delineate the location of designated setback areas.

      2.   The building envelope.

      3.   Areas of cuts and fills.

      4.   Retention.

      5.   Open space areas.

      6.   Conform to the requirements set forth in chapter 15, article B of this title.

   B.   Plans that shall be submitted and approved in conjunction with the preliminary plat:

      1.   Sensitive Areas Plan.

      2.   Slope Analysis Plan.

      3.   A Revegetation/Retention Plan.

      4.   Erosion Control Plan.

      5.   Geotechnical Report.

      6.   Fire Protection Plan.

      7.   Trails Plan.

      8.   Traffic Management Plan.

      9.   Open Space Conservation Plan if lots are less than four (4) acres. (Ord. 22-07, 11-8-2022)

Purpose: To promote safe, environmentally sensitive, development that balances the rights and long-term interests of property owners and those of the general public. The sensitive area plan shall contain the following:

   A.   A slope analysis and an aerial map as a base, showing the non-disturbed conditions that exist prior to any grading or construction.

      1.   Map shall outline and have the following overlays: current vegetation including clusters or groves of trees, natural features that include ravines, drainages, steep slopes, ridgelines, fault lines, unique soil features (collapsible soil or large rock features).

      2.   Wildlife habitat corridors and existing trails.

      3.   Proposed trails, lots, and open space, the building envelope, and roads.

   B.   The plan shall be submitted and recommended by the planning commission and approved by the city council with the submittal of the preliminary plat. The commission can require redesigns of lots, roads, and other development features to better implement the intent of this code.

   C.   Data from the sensitive areas plan shall be used to develop the preliminary plat by locating areas that should be preserved to meet the intent and regulations of the CE-3 Zone. (Ord. 22-07, 11-8-2022)

   A.   A slope analysis plan shall be submitted in conjunction with the sensitive areas plan and with the submittal of the preliminary plat.

   B.   Application:

      1.   The slope analysis shall show contour lines at two-foot (2') intervals.

      2.   It will also identify by color the following slopes:

         a.   Under fifteen percent (15%).

         b.   Fifteen percent (15%) to nineteen percent (19%).

         c.   Twenty percent (20%) to twenty nine percent (29%).

         d.   Thirty percent (30%) to thirty nine percent (39%).

         e.   Forty percent (40%) and above.

      3.   It shall also contain the following:

         a.   Proposed lots.

         b.   Building envelopes.

         c.   Roads.

         d.   Trails.

         e.   Open space.

         f.   Area of disturbance.

      4.   The slope analysis shall aid the applicant, staff, and the planning commission in determining that the intent and regulations of the CE-3 Zone are met. (Ord. 22-07, 11-8-2022)

   A.   A revegetation/retention plan is required for each lot prior to any removal of vegetation or the issuance of a grading permit.

   B.   The plan shall illustrate all areas proposed for removal of vegetative materials and retention.

   C.   The plan may not include landscaping or other elements that conflict with the approved fire protection plan.

   D.   Revegetation with natural plants is required for areas of cuts and fills, around retention walls, and areas where previous activities have disturbed natural conditions.

   E.   Areas requiring retention over four feet (4') will require the plan to be approved by a licensed civil engineer.

   F.   The city engineer and planning commission shall approve the revegetation/retention plan. (Ord. 22-07, 11-8-2022)

Must be submitted with the preliminary plat:

   A.   The plan shall detail the following:

      1.   Water runoff control to avoid flooding problems on neighboring properties in accordance with section 10-15D-3.

      2.   Erosion control.

      3.   Debris and silt prevented from infiltrating storm water system during construction.

      4.   Detail how erosion will be managed in cut and/or fill areas.

   B.   City Engineer must approve plan.

   C.   Planning Commission must recommend plan.

   D.   City Council must approve plan. (Ord. 22-07, 11-8-2022)

   A.   A preliminary geotechnical report shall be completed and submitted as a part of the preliminary plat.

   B.   The report shall consider and address all recommendations in any reports prepared by the Utah geological survey (UGS) in relation to the subject property.

   C.   If no prior reports have been prepared, the applicant shall consult with the appropriate UGS official, obtain comments addressing the geologic conditions affecting the area, and provide those comments.

   D.   If unsafe geologic conditions that may affect the property and the probability that those conditions will detrimentally impact the proposed development or surrounding properties within fifty (50) years from the date of the statement, the environmental impact of the proposed action, including a projected "worst case scenario" of the detrimental effects the proposed action or development may have on the safety and environmental stability of the property and adjacent properties shall be required.

   E.   Any adverse environmental effects that cannot be avoided, should the proposal be implemented, as well as alternatives to the development to avoid any unsafe geologic conditions, shall be documented.

   F.   The geotechnical report shall be stamped and signed by a licensed professional geotechnical engineer registered in the state of Utah with experience in preparing and rendering geotechnical reports.

   G.   The city can require that the report undergo a peer review by a separate engineering firm selected by the city at the applicant's expense. (Ord. 22-07, 11-8-2022)

A fire protection plan shall be submitted as part of the preliminary plat. Approval by the city Fire Chief is required for preliminary and final. All standards of the International Fire Code must be met with regards to fire flow and structure size. Additional water source and supply may also be required to meet the fire flow requirements for the use of the structure. Additional requirements to recommendations for defensible space may also be required. Wildland Urban Interface (WUI) will also need to be followed for all structures within the CE-3 Zone. If clustering is part of the development plan, the Fire Chief must approve the placement of all clustering. (Ord. 22-07, 11-8-2022)

City staff will review the preliminary plat and its associated plans and reports and make comments that can guide the applicant to a development that meets the CE-3 Zone intent and regulations. Multiple reviews can occur. Staff review shall occur prior to the public hearing and planning commission review. Staff shall make recommendations to the planning commission stating the general plan, city code, and the development standards to support their recommendations. (Ord. 22-07, 11-8-2022)

A public hearing shall be held with the neighboring property owners in accordance with subsection 10-11F-4D of this title. This is a formal meeting. Concerns and comments from the public shall be taken. Staff and/or the commission shall address any comments that cite code violations or health, safety, and welfare concerns. Comments from this hearing can aid the applicant, staff, and the commission to address design elements of the development. (Ord. 22-07, 11-8-2022)

After staff reviews and comments from the public hearing have been addressed, the planning commission shall review the preliminary plat and associated plans and reports. The commission can require adjustments to the building envelope, roadways, open space areas, and other elements of the development that better accommodate the natural conditions present and ensure that location or construction of such elements will not result in the creation of an adverse or unsafe condition. The commission shall conclude that the development will accomplish and preserve the intent and regulations of the zone. (Ord. 22-07, 11-8-2022)

The commission can approve, approve with conditions, or deny the plat giving findings drawn from the general plan, city codes, and development standards. The motion shall be sent to the city council with the recommendation and findings from the commission. If the commission finds that the plat is not ready to be forwarded to the council, the commission can table the plat requiring the applicant to supply additional information or make changes. (Ord. 22-07, 11-8-2022)

After staff reviews and comments from the public hearing have been addressed, and the planning commission has approved, the city council shall review the preliminary plat and associated plans and reports. The council can require adjustments to the building envelope, roadways, open space areas, and other elements of the development that better accommodate the natural conditions present and ensure that location or construction of such elements will not result in the creation of an adverse or unsafe condition. The council shall conclude that the development will accomplish and preserve the intent and regulations of the zone. (Ord. 22-07, 11-8-2022)

The city council can approve, approve with additional conditions, or deny the plat basing their decision on the planning commission recommendations and their findings. If the council denies or significantly changes the plat, it shall be sent back to the planning commission for additional work. Significant changes shall include adding or subtracting five (5) or more building lots, adding development to sensitive lands (slopes over twenty percent (20%), drainages, ravines, ridgelines, sensitive soils, fault lines, wildlife corridors), changes to open space, or changes that require additional engineering work. Additional public hearings could be required. Once a preliminary plat is approved, the developer has one year to gain final approval. If final approval is not obtained within the one-year period, the plat approval and vesting shall be void. (Ord. 22-07, 11-8-2022)

A final plat is required and is the last official step toward gaining approvals of a development. Changes to the preliminary plat should be minimal. (Ord. 22-07, 11-8-2022)

The final plat stage requires an application and fee. Listed on the application are the requirements that must be met to have a complete application and the fee schedule. (Ord. 22-07, 11-8-2022)

The final plat shall conform to the city development standards. (Ord. 22-07, 11-8-2022)

All projects require a final geotechnical report. The geotechnical report shall be stamped and signed by a licensed professional engineer registered in the state of Utah with experience in preparing and rendering geotechnical reports. The report shall include as a minimum the following: field investigation; description and classification of site soils including boring and pit logs; depth to ground water if applicable; depth to bedrock if applicable; suitability of site soils for proposed project improvements including foundations; identification of expansive/collapsible soils and remedial action if required; liquefaction potential and remedial action if required; hazardous geologic conditions not accounted for or identified in the preliminary geotechnical report such as unstable soils, faults, etc.; stability of natural slopes; slope and retaining recommendations for graded slopes; soil weights, loads, and allowable bearing pressures; soil preparation recommendations; seismic recommendations, subgrade and pavement recommendations; a percolation test at the proposed stormwater basins, other recommendations applicable to the project site. This report shall be completed and approved by staff prior to planning commission review of the final plat. The city can require that the report undergo a peer review by a separate engineering firm selected by the city at the applicant's expense. (Ord. 22-07, 11-8-2022)

A public hearing is not required for the final plat though staff or the planning commission can decide to hold one if substantial changes from the preliminary plat would require additional comment. If a second hearing is not desired, the planning commission meeting where the final plat shall be reviewed is a public meeting. Staff can require an applicant to notify residents and landowners in the area of the meeting where the final plat shall be reviewed. (Ord. 22-07, 11-8-2022)

The commission can approve, approve with conditions, or deny the plat giving findings drawn from the general plat, city codes, and development standards. The motion shall be sent to the city council with the recommendation and findings from the commission. If the commission deems that the plat is not ready to be forwarded to the council, the commission can table the plat requiring the applicant to supply additional information or make changes. (Ord. 22-07, 11-8-2022)

The city council can approve, approve with additional conditions, or deny the plat basing their decision on the planning commission recommendations and their findings. If the council denies or significantly changes the plat, it shall be sent back to the planning commission for additional work. Once a final plat is approved, the developer has six (6) months to record the development with the county. If the final plat is not recorded with the county within the six (6) month period, the plat approval and vesting shall be void.

 

Other reports may be required by code or due to unique circumstances found at concept/preliminary review. (Ord. 22-07, 11-8-2022)