The purpose of this chapter is to regulate development in sensitive land areas as identified below in order to protect the public health, safety and general welfare and promote environmentally sound planning, design and development. This chapter recognizes that development of land in these areas involves special considerations and unique situations, which result from the topography and geology of the land. These areas include, but are not limited to, areas of natural drainage, high groundwater, and potential floodplains. (Ord. 12-07)

With the enactment of this chapter, Farr West City intends to:

   A.   Protect life and property from all potentially hazardous geologic conditions such as high groundwater and potential flooding;

   B.   Promote the preservation of scenic and environmental resources of the landscape by encouraging the maximum retention of prominent natural topographic features, such as natural drainage swales and streams;

   C.   Encourage innovative site and architectural design and planning to promote development which adapts to the natural terrain and is harmonious with the character of the area;

   D.   Minimize stormwater runoff and erosion problems incurred by the development on and off the site;

   E.   Encourage the preservation, where possible, of natural streams, ponds and associated riparian vegetation;

   F.   Encourage minimal grading which relates to the natural contour of the land;

   G.   Require landowners to bear the responsibility and expense of evaluating the condition of potentially unstable land;

   H.   Implement the Farr West City general plan by restricting the use of land to those uses which do not present unreasonable risks to persons or property because of geological and natural hazards and/or geotechnical limitations;

   I.   Help prevent fraud in land sales relating to the geologic or other condition of real property; and

   J.   Authorize a governmental function of regulation with the Utah governmental immunity act. (Ord. 12-07)

   BUILDABLE AREA: That portion of a lot or parcel which is eligible to place a building or structure and complies with the setbacks and other regulations of the zone where the property is located.

   CITY BUILDING OFFICIAL: City building inspector.

   ENGINEERING GEOLOGIST: A civil engineer registered in the state of Utah with training and experience in the technical analysis of geological data and risk assessment of geological hazards.

   EXCAVATION: The mechanical removal of earth material.

   FILL: A deposit of earth material by artificial means.

   GEOLOGIC HAZARD: Those hazards listed in Utah Code Annotated section 10-9a-103 as it may be amended, including, but not limited to: a surface fault or rupture, shallow groundwater, liquefaction, landslide, a debris flow, unstable soil, a rockfall, or any other geologic condition that presents a risk to life; a substantial loss of real property; or substantial damage to real property.

   GEOLOGIC REPORT: Report that shall include maps and a report, as required by section 17.70.080 of this chapter.

   GEOTECHNICAL ENGINEER: A civil engineer registered in the state of Utah with training and experience in soil engineering.

   GRADING: Any excavating or filling or combination thereof.

   GRADING PLANS: A topographic development plan prepared by a registered civil engineer showing contours for before and after grading which do not exceed one foot (1') intervals.

   LETTER REPORT: A simplified geologic report used in relation to areas of relatively stable soil and rock as required by section 17.70.070 of this chapter.

   NATURAL FEATURES: Nonmanmade land characteristics that include drainage swales, wetlands and concentrated native stands of large shrubs or trees.

   NATURAL STATE: Portion of any lot or parcel, which cannot be subjected to grading, removal of vegetation or building development.

   OPEN SPACE: Primary and secondary conservation areas and other land conserved or set aside from development such as, but not limited to, public or private parks, trails, landscaped buffers, wetlands, pastures, farm fields and other lands forming part of the ecologically connected matrix of natural areas.

   POSSIBLE WETLAND AREA (PWA): Lands that are generally inundated or saturated by surface or ground water at a frequency or duration to support and that under normal circumstances to support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

   SENSITIVE LAND AREAS: All areas shown in the city's sensitive land area map, the city's storm drainage map or identified as a sensitive land area by the Farr West City engineer or the Farr West City building official.

   SITE: Any lot or parcel of land.

   SURFACE DRAINAGE: Water runoff caused as a result of precipitation or irrigation.

   WETLANDS: Any lands designated as wetlands by the United States army corps of engineers (USACE) or other agency of the federal government. Wetlands as defined in section 404 of the clean water act. (Ord. 12-07)

   A.   Notwithstanding any other provision of this code it shall be unlawful to grade, fill or excavate any land in any manner which creates an unreasonable risk of erosion, flooding or any other unsafe condition.

   B.   Notwithstanding any other provision of this code it shall be unlawful to erect any structure which will not be reasonably safe for use as a human habitation because of:

      1.   A high water table (water close to the surface);

      2.   Surface water;

      3.   Expansive soils;

      4.   Collapsible soils;

      5.   Wetlands;

      6.   Any other unsafe condition. (Ord. 12-07)

Conditions described on the sensitive land area map, any geologic hazard maps from a state or federal agency and aerial topography maps maintained by the city engineer, together with explanatory material appurtenant thereto, shall be presumed to exist. (Ord. 12-07)

   A.   Upon application for a commercial development, residential subdivision or building permit (if no subdivision application is required), the building official shall identify potential sensitive land areas to the city engineer. The city engineer shall then make a preliminary determination by reference to the sensitive land area map and other materials maintained in the city engineer's office of any geologic hazards that appear to exist on the real property which is the subject of the application.

   B.   If the city engineer determines that no "geologic hazard" as defined in section 17.70.030 of this chapter appears to exist in relation to the subject property, then the application may proceed, as proposed, subject to the other requirements of this code.

   D.   With respect to any proposal not requiring a geologic report, the city engineer may require the developer to submit a letter report to resolve issues with respect to the geologic condition of the subject property. A letter report may be required even if the maps and materials maintained in the office of the city engineer do not show any of the unsafe conditions described in section 17.70.040 of this chapter. The city engineer may withhold the determination described in this section until the letter report has been received and based on information on the letter report the city engineer may, for good cause, require the submission of a geologic report. (Ord. 12-07)

A letter report is a simplified geologic report used in relation to areas of relatively stable soil and rock. At a minimum it shall contain the following:

   A.   An analytical geologic description of the subject property in relation to the development which is proposed thereon and in relation to adjoining property;

   B.   A description of any requirements or restrictions, which should be imposed on the proposal to avoid violation of the provisions of section 17.70.020 of this chapter;

   C.   A geologic sketch map and/or a geologic structure section diagram, if relationships are complex and difficult to describe in writing;

   D.   The original signature and the registration number of the responsible engineering geologist or geotechnical engineer and a statement of the methods of study and approximate amount of field time spent by said geologist or engineer in the preparation of the subject letter report.

   E.   The letter report shall include other information as the city engineer shall reasonably require. (Ord. 12-07)

   A.   A geologic report shall include maps and a report containing at a minimum the following information:

      1.   The maps shall include:

         a.   The site location and regional setting of the subject property.

         b.   A site specific geologic map, which illustrates exposure to geological and natural hazards, geotechnical limitations as identified in section 17.70.030 of this chapter. The map shall illustrate the proposed site modifications relative to geological and natural hazards and/or geotechnical limitations that may impact the site. Any corrective site modification actions necessary to mitigate or avoid hazards or limitations shall clearly be identified on the map.

         c.   Maps shall use a scale of one inch equaling one hundred feet (1" = 100'), with contour lines at five foot (5') intervals. Existing contours shall be shown by dashed lines; proposed contours shall be shown as solid lines. Boring logs, cross sections, and test trench logs, soil sample descriptions and test results shall be included.

         d.   The city engineer may require additional maps or additional detail on existing maps as reasonably necessary to evaluate actual or potential geologic hazards.

      2.   The report shall include:

         a.   A description of the proposed grading, filling, excavation or structure;

         b.   An analysis of the effects of the proposed grading, filling, excavation or erection of a structure in relation to the geologic conditions shown in the geologic maps;

         c.   With regard to a structure, an analysis of the manner in which the same, as constructed, will be made reasonably safe for human habitation;

         d.   A California bearing ratio (CBR) value when roads are being constructed and a soil bearing capacity where structures are being erected;

         e.   Any corrective or remedial action necessary to avoid a violation of section 17.70.020 of this chapter, shall be described and analyzed in detail;

         f.   A list, including title, author and date, of all prior studies or reports which are relied upon to make this report;

         g.   The city engineer may require additional information or analyses, which are reasonably necessary to evaluate actual or potential geologic hazards. This includes submittal of geologic reports to the state geologist for review and comment.

   B.   In the case of a proposal to grade, fill or excavate, which is not directly or indirectly related to a proposal to erect a structure for human habitation, the city engineer may waive compliance with any requirement of this section not relevant to the proposed grading, filling or excavating. (Ord. 12-07)

   A.   A letter report (described in section 17.70.070 of this chapter) or a geologic report (described in section 17.70.080 of this chapter) shall be approved and signed by one of the following, whose primary area of expertise is required to address the particular issue:

      1.   A geotechnical engineer who shall be a registered professional engineer in the state of Utah, qualified by training and experience in the application of the principles of soil mechanics to foundation investigation and site development; or

      2.   An engineering geologist who shall be a graduate in geology or engineering geology from an accredited university with at least five (5) years of professional geologic experience of which at least three (3) full years shall be in the field of engineering geology.

   B.   A letter report or a geologic report shall contain the following certificate:

       

   C.   In addition to any applicable private civil remedies, it shall be unlawful to knowingly make a false, untrue or incomplete statement in a letter report; or a geologic report or to sign the certificate described above knowing the same to be materially false or not true. (Ord. 12-07)

For any real property with respect to which development has proceeded on the basis of a letter report or a geologic report which has been acknowledged by the city engineer, no final inspection shall be completed or certificate of occupancy issued or performance bond released until the engineer or geologist who signed and approved that letter report or geologic report shall further certify that the completed improvements and structures conform to the descriptions and requirements contained in said letter or report. Provided, however, that improvements and structures may, with the consent of the city engineer, deviate from the descriptions and requirements contained in the letter report or geologic report because of conditions which are discovered after acknowledgment by the city engineer of the letter report or geologic report. (Ord. 12-07)

Any person dissatisfied with a decision of the city engineer made under this chapter, may appeal the same within ten (10) days thereof to the city council which shall resolve the appeal in accordance with requirements of Utah Code Annotated section 10-9a-703(2). (Ord. 12-07)

   A.   If a letter report or a geologic report has been submitted to the city engineer, no subdivision or other development plat or plan shall be approved and no building permits shall be issued for construction of a structure until the owner(s) of the subject real property have signed and delivered to Farr West City a restrictive covenant in a form suitable for recording containing not less than the following:

      1.   A complete description of the geologic condition of the subject real property, including references to relevant reports and studies;

      2.   A description of the grading, filling or excavating or erection of a structure for human habitation, garage or accessory building approved in the letter report or geologic report which has been acknowledged by the city engineer, together with the requirements and restrictions imposed thereon;

A covenant and agreement enforceable by Farr West City, adjoining landowners and any subsequent owner of the subject real property that only the grading, filling or excavating or erection of a structure in the acknowledged letter report or geologic report will be constructed or maintained without further compliance with this chapter, as it may be amended from time to time. (Ord. 12-07)

It shall be unlawful for any person, including the seller or the seller's representative, directly or indirectly in connection with the sale or offering for sale of real property located in Farr West City, to make any untrue statement of a material fact related to the geologic condition of the subject property. This section shall be construed to create private and public civil causes or action in addition to creating criminal liability. (Ord. 12-07)

   A.   Development in high water table, possible wetland areas and wetlands shall be subject to all applicable local, state and federal regulations including, but not limited to, army corps of engineers wetland delineation, the Farr West comprehensive stormwater ordinance and the following standards:

      1.   Wetlands and natural drainages shall not be included as part of any buildable development unless allowed to be mitigated pursuant to applicable law. Lots within the residential or agricultural zones may include wetlands as part of the lot provided there is sufficient buildable area to accommodate the proposed use.

      2.   Where determined by the planning commission or city council, wetland areas may be required to be fenced.

      3.   Prior to the acceptance of an application for preliminary development plan in the designated area, it must be demonstrated to the satisfaction of the city engineer that the conditions and requirements contained herein can be met. Such petition, submission or application shall be made through the city.

      4.   Prior to acceptance by the city of an application for preliminary development plan in the specified area, it must be demonstrated to the satisfaction of the city that all of the conditions specified in this chapter have been fully met and accomplished.

   B.   No building shall be allowed to be constructed in a high water table area of the city where the building proposed to be built includes a basement (basement equals usable floor area below sidewalk level) except according to the following. Prior to the issuance of any building permit with a basement, the developer therefor shall submit to the building inspector a certificate from a registered professional engineer indicating the method or design to floodproof the basement except where prohibited by subdivision or development plat conditions. (Ord. 12-07)