A.   Purpose: The purposes of the provisions of this chapter are: 1) to protect the health, safety and general welfare of the residents while protecting and preserving significant scenic resources for the long term benefit of LaVerkin City as a whole; and 2) to further the goals and policies of the general plan in relation to land use, densities, open space and community image.

   B.   Intent: The standards set forth herein are intended to achieve the following objectives:

      1.   Minimize adverse soil and slope instability; decrease the potential for erosion; and prohibit activities and uses that would result in the degradation of fragile soils and steep slopes.

      2.   Protect and preserve the visual resources which are of significant value to the community. Such resources include, but are not limited to, major hillsides, hilltops, ridges and ridgelines, knolls, mesas, cuestas and escarpments, boulder outcroppings and large boulders, canyons and natural drainage areas, and other areas of historical or visual significance. Retain the integrity of significant on site and off site views to or from these resources.

      3.   Minimize the adverse effects of grading and cut and fill operations; avoid highly visible scarring of hillsides; and protect natural vegetation, sensitive hydrologic features, and visually prominent landforms.

      4.   Discourage mass grading and terracing of large pads but permit flexibility for reasonable development practices as appropriate.

      5.   Establish a hillside development process that requires applicants to select suitable development sites on their property through the use of slope calculations, maximum land holding capacity, or development agreements to determine the appropriate density, intensity, design and location of structures and improvements.

      6.   Provide hillside development standards that maximize the positive impacts of site sensitive design, grading, landscape architecture, and building architecture, that will protect the inherent scenic value in the proposed projects subject to this chapter.

      7.   Permit the flexibility to modify or remove relatively small topographic features which have slopes distinctly different from surrounding property in order to facilitate reasonably efficient development in a particular area. The exclusion of such features or areas shall not be contrary to the overall purpose of this chapter.

      8.   Encourage the appropriate location, design and development of proposed projects which provide enhanced human enjoyment, while protecting people and property from hazardous conditions, including rockfalls, rolling boulders, unstable slopes, landslides, mudslides, flooding, and erosion.

      9.   Minimize the impacts of development to the surrounding natural environment by controlling the location, intensity, pattern, design, construction techniques, and materials of development. (Ord. 2013-03, 4-3-2013)

AS GRADED: The surface configuration upon completion of grading.

BENCH: A relatively level step excavated into earth on which fill material is to be placed for an intermediate drainage area.

BERM: A low mound of earth graded in a linear or undulating form; often used as a noise or visual barrier.

BUILDING HEIGHT: The vertical distance measured from the ground level grade to the top of the building.

CLUSTERING: A land planning technique appropriate for large subdivisions in which some areas are reserved as open space. This allows the permitted units in an area to be grouped more densely in the most developable parts of a site.

CONTOUR: A line drawn on a plan that connects all points of equal elevation.

CONTOUR GRADING: A grading concept designed to result in earth forms that resemble natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks. Contour grading is not necessarily minimal grading.

CUESTA: A landform that has a steep ascent in one direction and a gentle descent in the opposite direction. The steep slope is the cuesta face and erosion escarpment, and the gentle descent is the back slope of the cuesta. The crest of the cuesta forms a ridgeline.

CUT: The mechanical removal of soil, rock or other earth material.

CUT AND FILL: The excavating of earth material in one place as cut and depositing of it as fill in an adjacent place.

DEVELOPMENT: The carrying out of any building activity or clearing of land as an adjunct of construction. "Major development" shall be considered to be subdivision platting, including various land uses and/or housing types.

DEVELOPMENT PARCEL: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

EROSION: The process by which the soil and rock components of the earth's crust are worn away and moved from one place to another by natural forces such as weathering, solution and transportation.

ESCARPMENT: A long cliff or steep slope resulting from erosion or faulting, separating two (2) comparatively level or more gently sloping surfaces.

EXCAVATION, MAJOR/MINOR: Any disturbance to the ground, including, but not limited to, clearing, grubbing, rock removal, cutting, tunneling, drilling or any other activity which alters the natural ground. "Minor excavation" shall mean a vertical cut of four feet (4') or less, or a disturbance of less than one acre of surface area. "Major excavation" shall mean a vertical cut of more than four feet (4'), or a disturbance of more than one acre of surface area.

EXISTING GRADE: The grade of land prior to grading.

EXPORT: Excess cut material that is removed from a grading project and deposited off site.

FILL: A deposit of rock, soil or other earth material placed by artificial means.

FINISH GRADE: The final elevation of the ground surface after development that conforms to the development's approved plan.

GEOTECHNICAL ENGINEER: A person with a four (4) year degree in civil engineering or engineering geology from an accredited university who, through training and experience, is able to assure that geological factors affecting engineering works are recognized, adequately interpreted and presented for use in engineering practice and for the protection of the public.

GRADING: To bring an existing surface to a designed form by excavating, filling or smoothing operations.

HILL: A small area of land that is higher than the larger area of land around it.

HILLSIDE: The sloping side of a hill. Also used, in the collective sense, to apply to ridgelines, ledges, cliffs, hillsides, and slopes, and similar topographic conditions.

HILLSIDE ADAPTIVE ARCHITECTURE: Various techniques such as split foundations, walk out basements, roof slopes parallel to ground slope, and subdivision of building mass used to enhance the visual harmony of the building and the existing slope.

HILLSIDE CONDITIONS: Used, in the collective sense, to apply to ridgelines, ledges, cliffs, hillsides, and slopes, and similar topographic conditions.

HILLTOP: The area on the top of a hill where the hillside transitions from ascension to the highest portion of the hill, and then to descending the hill on the opposite side.

IMPORT: Fill material obtained off site to complete a grading project.

IMPROVEMENT: An object, facility or structure generally constructed as part of development.

KNOLL: A small, round hill or mound.

MASS GRADING: The movement of large quantities of earth over large areas. Disruption of surface terrain in this manner often results in a successive pad/terrace configuration. Modification or elimination of natural landforms may result.

MESA: A typically flat topped landform with generally steep sides.

MINIMAL GRADING: A grading technique designed to minimize excavation and fill. Allows the movement of earth for projects such as individual building foundations, driveways, local roads, and utility excavation. It is often associated with roads conforming closely to natural contours and structures being integrated into the natural terrain.

NATIVE VEGETATION: The natural vegetation commonly found in the area.

NATURAL OPEN SPACE: Landforms created by nature or subsequently modified to meet fuel modification fire standards, including existing trees, riparian vegetation and native plant communities. Manmade water bodies and trails through natural open spaces may be considered as natural open space.

NATURAL SLOPE (Also NATURAL GRADE): The existing natural condition of the land; a slope that is not manmade.

OPEN SPACE: Land not covered by buildings, roads or vehicular accessways, and including areas that are open to view such as landscaped areas, slopes, natural areas, agricultural areas and orchards, common areas, greenbelts, parks, etc.

OUTCROPPING: The part of a rock formation that appears above the surface of the surrounding land.

PAD: A generally flat or stepped area created by grading to accommodate development.

PLATEAU: A flat or predominantly flat area of land that is raised sharply above adjacent land on at least one side.

PROMINENT RIDGE: A ridge or hilltop that is highly visible from a significant portion of the community, or that forms an important part of the skyline.

RIDGE: A long, narrow, or sharply defined conspicuous elevation of land.

RIDGELINE: The junction of a rising steep slope on one side and descending slope that may either be gentle or steep on the other side.

SCAR: A highly visible cut in a hillside or ridge in which topsoil has been removed such that vegetation will be unable to establish itself within a reasonable period of time. A deposit of earth or manmade materials not removed upon finish grade completion is also considered a scar.

SITE: Any lot or parcel of land or contiguous combination thereof, under the same ownership.

SLOPE: An inclined ground surface, the inclination of which is expressed as a ratio of the vertical distance (rise), or change in elevation, divided by the horizontal distance (run), and expressed as a percentage.

SLOPE TRANSITION: The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally.

TOE OF SLOPE: The lowest elevation of a slope that transitions to a flatter area or pad.

TOP OF SLOPE: The highest elevation of a slope that transitions to a flatter area or pad.

TOPOGRAPHY: A general term to include the characteristics of the ground surface, such as plains, hills, mountains, degree of relief, steepness of slope, and other physiographic features.

UTAH LICENSED PROFESSIONAL: A Utah registered or licensed civil engineer, geologist, land surveyor, architect, or landscape architect.

VEGETATION: Growing native or nonnative plants.

VIEWSHED: Views to prominent visual features such as ridgelines. (Ord. 2013-03, 4-3-2013)

The standards and procedures established by this chapter shall apply to all lands lying within the city limits of the city of LaVerkin, where hilltop or hillside conditions (as addressed herein) exist. In addition, all properties seeking annexation or preapproval of projects pending annexation to the city will be evaluated according to the standards and procedures outlined in this chapter.

   A.   Most Restrictive Provisions Apply: Except for any clustering provisions that are a part of this chapter, in cases of conflict between the provisions of this chapter and other established regulations, the most restrictive provisions shall apply.

   B.   Exemptions: The following actions and activities are exempt from the application procedure of this chapter. However, while these actions are exempt from specific requirements, the development standards necessary to accomplish the purpose and intent of this chapter shall be met (e.g., the mitigation of disturbed areas that are not planned for development in the foreseeable future). Development plans shall be submitted to city staff for review to determine possible mitigation requirements prior to any actions or activities taking place.

      1.   Construction or minor excavation that does not require a grading permit or a building permit.

      2.   The construction and installation (trenching, utility construction and backfilling) of underground utility systems.

      3.   The regrading of existing lots for landscape installation provided such regraded area is within the buildable area of the development.

      4.   Pool/spa construction that does not involve the construction of any retaining walls over four feet (4') in height, whether or not such retaining walls are part of the pool structure.

      5.   Additions to existing structures and/or construction of accessory structures within the buildable area of a lot unless a grading permit for establishment of same is required.

      6.   Any project that has received final city approval prior to the effective date of this chapter, provided that such permit or approval has not expired, is not otherwise revoked, and is in compliance with any requirements that this chapter supersedes.

      7.   The construction of a public street identified in the LaVerkin City general plan and/or transportation master plan that is not part of any overall development project (e.g., a street proposed primarily for improved circulation within the city and not to provide access to any particular parcel or development).

   C.   Hillside Classification Standards: Each slope category range delineates the relative suitability of land for development.

      1.   The slope categories are described as follows:

         a.   0% to 20%; flat to gently rolling land: Development with grading is permitted in this slope category. Padded building sites are permitted; however, on slopes greater than fifteen percent (15%), techniques such as contour grading, split level architectural prototypes where feasible, or grading for the structure pad only, shall be used to reduce cut and fill.

         b.   20.01% to 25%; moderate hillside: Special hillside architectural and design techniques that minimize grading and harmonize with the built and natural environments are required in this slope category. Architectural prototypes and infrastructure elements are expected to complement the natural landform by using techniques required herein. Impact of streets and trails is to be minimized by following natural contours where practicable.

         c.   25.01% to 30%; hillside: Development within this slope category shall be limited to slopes where it can be demonstrated that safety, environmental, and aesthetic impacts can be minimized. The use of planning, and design techniques such as larger lots, and appropriate building structural techniques (e.g., stepped slabs, pole foundations, etc.) are expected. Structures shall blend with the natural environment through their shape, materials, and colors. Impact of streets and trails are to be minimized by following natural contours where practicable.

         d.   30.01% to 40%; steep hillside: This is a sensitive slope condition and development is prohibited.

         e.   Greater than 40%; mountainous: This is a severe slope condition and development is prohibited.

      2.   Both restrictions on and incentives for potential development apply in order to preserve the character of the natural terrain as much as possible. (Ord. 2013-03, 4-3-2013)

   A.   Applicable Provisions: The application procedure for subdivision developments shall follow the requirements in this chapter and the subdivision procedure as outlined in title 11 of this code. Subdivision plats shall adhere to requirements as described in the underlying zoning district. Development on individual lots may require only review by staff with recommendation of planning commission and approval of city council.

   B.   Permits Required: No person shall grade or construct upon property that constitutes a hilltop or hillside condition subject to this chapter without first obtaining proper permits issued by LaVerkin City unless listed as an exemption in subsection 10-7A-3B of this chapter. This includes a hillside conditions permit, which shall be issued upon completion of a hillside conditions plan review and approval by the planning commission and the city council. Development plans may be approved subject to conditions as may be required by engineering recommendations and other studies as outlined below. Plans shall demonstrate compliance with adopted building and grading codes in addition to this code.

   C.   Application And Cost Recovery: Application shall be made for hillside conditions plan review upon the forms provided by the city. The application shall be accompanied by the required reports described below. Costs for city staff review and approval of required documents under this section shall be recovered through a fee established by resolution of the city council.

   D.   Required Documents: The following documents are required to be submitted at the time of application. Conditions of approval may be established based on the findings of such documents. These conditions shall become a part of the record and be considered binding upon the applicant as part of the approved plan. City staff shall review the submittal and provide a recommendation of denial, approval or conditional approval to the planning commission who will subsequently provide a recommendation of denial, approval or conditional approval to the city council who shall deny, approve or give conditional approval.

      1.   Slope Analysis Exhibit: A detailed slope analysis exhibit shall be prepared for all parcels containing "hilltop" and/or "hillside conditions", defined herein.

         a.   For the slope analysis, the applicant shall use a base topographical map of the subject site, prepared and signed by a Utah licensed civil engineer or land surveyor. This base topographical map shall include all adjoining properties within one hundred fifty feet (150') of the site boundaries to portray the site's context.

         b.   The slope analysis calculations shall be prepared by a Utah licensed professional who is proficient in creating the exhibits with the use of computer software designed for preparing said exhibits. This slope analysis shall be prepared using CAD based or GIS based software specifically designed for such purpose. Contours on the exhibits shall be prepared using no greater than two foot (2') contour intervals at a scale of not less than one inch equals two hundred feet (1" = 200'). The slope analysis exhibit shall delineate slope bands, with contrasting colors, for the following slope ranges:

0% to 20%,

20.01% to 25%,

25.01% to 30%,

30.01% to 40%, and

40.01% or greater.

         c.   The slope analysis exhibit shall include a tabulation chart indicating the land area in acres within each slope category as identified herein.

         d.   Also included in the slope analysis exhibit shall be a sufficient number of slope cross sections to clearly illustrate the extent of the proposed grading. The slope cross sections shall:

            (1)   Be drawn at the same scale and indexed, or keyed, to the existing topography, grading plan, and project site map. Both vertical and horizontal scales shall be indicated and be of the same scale. The slope cross sections shall extend at least one hundred fifty feet (150') outside the project site boundaries to clearly show impact on adjacent property. Slopes shall be calculated in intervals no greater than forty feet (40') along the cross sections.

            (2)   At a minimum, be drawn along those locations of the project site where:

               (A)   The greatest alteration of existing topography is proposed.

               (B)   The most intense or massive development is proposed.

               (C)   The site is most visible from surrounding land uses.

               (D)   Grading will impact natural drainage conditions.

            (3)   At least two (2) of the cross sections shall be roughly parallel to each other and roughly perpendicular to existing contour lines.

            (4)   The slope cross sections shall be stamped and signed by a Utah licensed professional proficient in creating such cross sections indicating the datum, source, and scale of topographic data used in the cross sections. The signer shall attest to the fact that the cross sections have been accurately calculated and identified.

            (5)   The slope cross sections shall show existing and proposed topography, structures, and roadways. Proposed topography and features shall be drawn with a dashed line. Existing topography and features shall be drawn with a solid line.

      2.   Concept Plan: The concept plan shall be reviewed by the individual or body designated to recommend or grant approval. Any application for a use on property containing a hilltop or hillside condition shall include a conceptual plan of the proposed development which includes the following:

         a.   General Information:

            (1)   Name, address and telephone number of applicant.

            (2)   Names, addresses and telephone numbers of the persons responsible for the preparation of any required reports.

            (3)   Date of application.

            (4)   Signatures of the owners of the site or of an authorized representative.

         b.   Vicinity Map: A vicinity map showing the location of the site in relationship to the surrounding area, watercourses, hillsides, prominent geographic features, roads and other significant features and structures.

         c.   Proposed Development Plan: A plan of the proposed development at a scale of not less than one inch equals two hundred feet (1" = 200') illustrating:

            (1)   Boundary Lines: Boundary lines of the site and development to be made thereon.

            (2)   Preservation Areas: Any identified preservation areas within which development shall be prohibited.

            (3)   Improvements: All existing and proposed improvements.

            (4)   Location Of Hilltop Or Hillside Conditions: The portion of the property containing a hilltop and/or hillside conditions.

         d.   Type; Nature: The type and nature of the development.

         e.   Goals; Objectives: The goals and objectives of the developer.

         f.   General Plan: The development's relationship to and compatibility with the general plan and other city master plans.

         g.   Existing Conditions Photographs: Digital photographs of the site as it exists at time of application. The photographs shall include the number of views adequate to depict the visual character of the entire site and any special features, especially prominent ridgelines or landforms and any topographical areas with steep slopes and/or unique topographical features planned for disturbance. A minimum of three (3) views of the area of the proposed development as seen from surrounding properties shall be included.

      3.   Technical Reports:

         a.   Grading Plan: A grading plan, at a scale of not less than one inch equals two hundred feet (1" = 200'), shall show the existing and proposed contours and cross sections, and proposed areas of cut and fill. A legend with appropriate symbols which shall include, but not be limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, and pad and finished floor elevations. Accurate contours, at no greater than two foot (2') contour intervals, showing the topography of the existing ground extending at least one hundred fifty feet (150') outside all boundary lines of the site, or more if needed to sufficiently show on and off site drainage, shall also be included. The grading plan shall include a description of the import and export methods to be employed in acquisition or disposal of soil and other material, including the location of the disposal site. A schedule shall be included showing when each stage of the project will be completed, including the estimated starting and completion dates.

         b.   Drainage Report And Plan: A drainage control plan and report shall be prepared by a Utah licensed professional civil engineer, and must be consistent with all other reports required in this section or other reports required in applicable sections of the building code.

            (1)   The drainage plan and report shall show all surface and subsurface natural drainage systems and facilities, walls, curbing or other erosion protection devices to be constructed in connection with or as part of the proposed work, together with a map showing the drainage area and estimated runoff of the area to be served by any drainage systems or facilities.

            (2)   Each lot or parcel shall be designed in such a manner that stormwater or nuisance water shall not adversely impact other properties in the area. Property development shall not unnecessarily cause a natural drainage channel to be filled in, obstructed or diverted. When modification to a natural drainage channel is proposed within the development, such changes will be addressed in the drainage study and shown on the improvement plans, and the developer may be required to dedicate rights of way or record drainage easements for structures and/or improvements needed to carry storm runoff in the event approval is given for the proposed modifications.

            (3)   All drainage systems shall be separate and independent from the sanitary sewer system.

            (4)   Drainage and flood control shall be designed in conformance with applicable city and state drainage, flood control and engineering standards, and shall comply with the city's stormwater master plan.

            (5)   Underground pipe systems shall be designed to carry a 10-year storm at a minimum. Major hydraulic structures shall be designed to carry a 25-year storm at a minimum. The minimum storm drain size shall be eighteen inches (18") or as required by a hydrology study.

         c.   Improvements Plan: This plan shall show any existing and proposed buildings or structures and cross sections of the areas where they are or will be located, and all proposed roads, utilities, easements and drainage channels on the property where the work is to be performed. Also, the location of any buildings or structures on adjacent property which may be affected by grading operations shall be shown.

         d.   Geotechnical Report: The most current "Geologic Hazard And Adverse Conditions, St. George - Hurricane Metropolitan Area" document and maps prepared by the Utah geological survey shall be reviewed when considering a site for development. A Utah licensed professional engineering geologist or a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering shall prepare the geotechnical report. The geotechnical report shall include the following:

            (1)   A general description of the topography, drainage conditions, surface vegetation, and surface features such as rock outcroppings, existing structures, debris, and unstable or wet conditions.

            (2)   A location map showing the footprints of the planned improvements and the exploration locations with elevations.

            (3)   An evaluation of the subsurface conditions, including a complete record of the explorations, laboratory test results, and the elevation of the water table, if encountered.

            (4)   Identification of potential geotechnical constraints on the project site (such as expansive rock and soil, collapsible soil, shallow bedrock and caliche, gypsiferous rock and soil, potentially unstable rock or soil units, shallow groundwater, and windblown sand), and recommendations for their mitigation.

            (5)   The locations of any springs and seeps on the project site, and recommendations concerning the effects of the springs and seeps on the proposed development.

            (6)   Specific geotechnical recommendations for the design and construction of the proposed project, which shall include the following:

               (A)   A general assessment of the requirements needing to be met to develop the proposed site.

               (B)   Site preparation and grading, and the suitability of the on site soils for use as structural fill.

               (C)   Stable cut and fill slopes, including recommendations concerning the effects of material removal and the introduction of water, both on and off site.

               (D)   Recommendations for foundation type and design criteria, including, but not limited to, bearing capacity of natural or compacted soils, provisions to mitigate the effects of expansive, compressible or collapsible soils, differential settlement and varying soil strength, and the effects of adjacent loads.

               (E)   Anticipated total and differential settlement.

               (F)   Special design and construction considerations, as necessary, such as the excavation and replacement of unsuitable materials, excavation difficulties, stabilization, or special foundation provisions for problem soil conditions.

               (G)   Design criteria for restrained and unrestrained retaining walls.

               (H)   Soil corrosion.

               (I)   Moisture protection and surface drainage.

            (7)   Detailed design recommendations for any planned rockery walls, mechanically stabilized earth (MSE) walls, and/or reinforced fill slopes.

            (8)   A detailed slope stability analysis may be required if potentially unstable rock or soil units or slope creep have been identified on the site. The analysis shall include, but not be limited to, a determination of residual shear strength, soil saturation and treatment methods required to provide a minimum safety factor of 1.5 for any identified slope within the project boundary.

         e.   Geology Report: The most current "Geologic Hazard And Adverse Conditions, St. George - Hurricane Metropolitan Area" document and maps prepared by the Utah geological survey shall be reviewed when considering a site for development. A Utah licensed professional engineering geologist or a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering shall prepare the geology report. The geology report may be included in the geotechnical report, and shall include the following:

            (1)   The location and boundaries of the project site and its general geologic setting.

            (2)   A description of the specific geologic conditions at the site.

            (3)   Identification of potential geologic hazards (such as faults, landslides, rockfall, flooding and liquefaction).

            (4)   Conclusions and recommendations regarding the effects of the geologic conditions and any potential hazards on the proposed development, and recommendations to minimize any hazard to life or property, or any adverse impact on the natural environment.

         f.   Landscape Plan: A landscape plan and report shall be prepared by a Utah licensed professional landscape architect. The report shall include a description of existing vegetation, a plan of any proposed revegetation of the site or modifications to existing vegetation, and a plan for the preservation of existing vegetation during construction activities.

         g.   Other Reports: Other reports deemed necessary by the individual or body designated to recommend or grant approval to assure the health, safety and welfare of the project residents or general public may be requested from the applicant by written specification. These may include phase I or phase II environmental hazardous materials studies, biological resources reports, or other reports. Such reports shall be submitted with other application materials.

         h.   Grading Limit Monuments: Permanent monuments shall be installed to permit monitoring and enforcement of the grading limits during and after construction activities. The monuments shall be installed at locations determined by the individual or body designated to recommend or grant approval in accordance with the specifications included in the latest construction standards included in this code. Monuments shall be installed and preserved during construction at the sole expense of the applicant.

      4.   Additional Information: The individual or body designated to recommend or grant approval may require additional visual analysis exhibits or other reports to adequately address unique circumstances and comprehend the full impact of any proposed development in the property containing hilltop and/or hillside conditions.

         a.   The city may, at its discretion, require additional information such as line of sight view analysis for particular features or analysis of views to/from specific locations. City staff shall determine the number of any additional exhibits required and their locations and perspectives by visiting the site with the developer's representative.

         b.   Furthermore, in some cases the city may require the preparation of computer generated three-dimensional imaging or photo embedded visual simulations to adequately depict the postdevelopment conditions and their impact on the visual character of the site. Included shall be depictions of any topographical areas with steep slopes and/or unique topographical features planned for disturbance, illustrated at a distance and perspective that will adequately illustrate postdevelopment conditions along with the proposed mitigation for development. In tandem with these exhibits, predevelopment digital photographs of the site, showing identical views utilized in the postdevelopment computer generated three-dimensional imaging exhibits or photo embedded visual simulations, shall be included for comparison. City staff shall determine the number of computer generated exhibits and their locations and perspective by visiting the site with the developer's representative.

   E.   Approval Required Before Excavation: It shall be unlawful to excavate or grade any hilltop, hillside, or areas containing hillside conditions, within the city, prior to final approval of the site plan for permitted uses and approval of the preliminary plat or minor subdivision plat for subdivisions by the planning commission and city council, and prior to final approval of the required construction drawings for said site plans and subdivisions by city staff, and prior to the installation of the grading limit monuments as required. Any hillside excavation, or cutting which is done without the property hillside development permit shall be a class B misdemeanor and shall be subject to the penalties set forth in title 1, chapter 4 of this code.

   F.   Penalties: The director of operations or his designee shall have the right to order a halt to construction of any improvements within a hillside development where, in his opinion, there exists a condition which violates or threatens to violate any of the provisions of this chapter. Such suspension of construction activities shall continue until the director of operations or his designee is satisfied that measures have been implemented for substantial compliance with this chapter.

   G.   Bonding, Easement, And Restoration:

      1.   A surety bond, cash bond, or irrevocable letter of credit to assure hillside restoration shall be provided prior to issuance of a hillside development permit, along with a temporary travel, access, and construction easement ("temporary easement") to and upon the property to be developed.

         a.   Financial Guarantee:

            (1)   Such financial guarantee shall be provided in an amount sufficient to ensure necessary removal of dumped materials, completion of revegetation projects, soil stabilization, the construction of stormwater drainage facilities, other hazard mitigation measures including grading, planting and maintenance, in the event the developer fails to complete the hillside restoration in accordance with the approved plan within two (2) years from the issuance of the permit; provided, that the city council may grant such additional time extension as may be necessary to allow completion of the restoration work in the event significant progress toward completion of the project is underway.

            (2)   The financial guarantee shall cover and be in force for a period of three (3) years from the issuance of the hillside development permit; provided, however, that any extension in time for performance granted by the city shall require and be conditioned on the granting, by the developer, of an extension in the duration of the financial guarantee that at least equals the amount of the duration of time for performance requested and granted.

            (3)   Notwithstanding the provisions of subsection G1a(2) of this section, the city shall release its interest in the financial guarantee (or portion thereof remaining), for restoration purposes, at any time that the excavated or affected area of the development property is restored and accepted as complete by the mayor, city administrator, or designee thereof.

            (4)   The surety bond, cash bond, or letter of credit shall cover the cost, as estimated by an approved landscape architect, or a geotechnical engineer and approved by the city engineer, to restore the hillside to an acceptable level of appearance and stability. In the case of a dispute over what constitutes an acceptable level of restoration, the decision of the city administrator shall be determinative.

         b.   Temporary Easement:

            (1)   Such temporary travel, access, and construction easement ("temporary easement") shall: a) be granted by the property owner(s) of the property subject to the development request, b) run with the land, c) be in writing, d) be recorded in the office of the county recorder, e) apply to and cover the property subject to development approval, and f) be in force for a period of three (3) years from the issuance of the hillside development permit; provided, that:

               (A)   Any extension in time to perform under subsection G1b(1) of this section shall require and be subject to the granting by the property owner(s) of an additional and similar temporary easement to the city in the amount of time requested and granted, to run and continue from the end of time covered and granted under any such current temporary easement to the city from the property owner(s); and

               (B)   The city may release its interest in such temporary easement prior to the expiration of such documented easement, upon request, if and when the hillside restoration has been accepted as complete by the city and the restoration bond has been released.

            (2)   The temporary easement shall be granted to allow the city and its officials, employees, and contracted personnel to enter and remain upon the development property for purpose of: a) performing required unperformed hillside restoration, and removal and disposition of soils, vegetation and other debris that are deemed necessary by the city to complete such hillside restoration; b) traveling in, out, and upon said property for the duration of such hillside restoration related surveying, engineering, construction, and removal of soils, vegetation, and debris; and c) parking city and other construction vehicles thereon, as needed for such hillside restoration, for the duration of such restoration efforts of the city and those contracted therewith.

            (3)   The rights granted pursuant to the temporary easement shall only be exercised by the city, and those taking thereunder, in the event that the hillside is not restored according to the approved restoration plan during the two (2) years following issuance of the hillside development permit.

      2.   In the event the developer fails to complete the hillside restoration to the satisfaction of the city, within two (2) years following the issuance of the hillside development permit, the city shall have the right to exercise its rights under the temporary easement and call upon and use the proceeds of the financial guarantee (provided for hereinabove) to:

         a.   Restore all cuts with existing soil to approximate the natural lay of the land. If safety issues remain, brick, rock, block, stone, other natural materials may be used to create a safe slope.

         b.   Revegetate all disturbed earth with grasses such as perennial rye, blue or fescue and/or shrubs like creosote, Apache plume, or Mormon tea. Other appropriate grasses and shrubs may also be approved by the city council.

   H.   Enforcement: The city may enter legal proceedings to require any person who violates this chapter to fund and return a site to the condition found prior to any disturbance. The city administrator, or his designee, shall determine when this natural state has been achieved, or shall set specific requirements necessary to achieve the natural and restored state. Legal proceedings may also seek to impose and collect a fine in order to recover staff costs incurred through addressing any violation of this section.

   I.   Plan Certification: City staff designated to grant approval shall certify the concept plan and issue a hillside development permit following approval by the planning commission and city council. The following technical reports and plans shall be certified as described prior to final plat approval, certification of the concept plan and issuance of a hillside development permit or building permit.

      1.   Grading Plan Certification: Upon completion of rough grading work and prior to any excavation for foundations or structures, an as graded plan prepared and certified by the Utah licensed civil engineer who prepared the approved grading plans shall be submitted to the operations department for review and approval. The as graded plans shall include original ground surface elevations, as graded surface elevations and all other features that were a part of the approved grading plan. The engineer shall provide certification on the as graded plan that the work was done in accordance with the approved grading plan and the city's grading requirements.

      2.   Landscape Plan Certification: Landscape and irrigation plans shall be prepared by a licensed landscape architect and shall be submitted to and approved by the operations department. A Utah licensed landscape architect shall certify that the plans comply with the city's water conservation and landscape requirements.

      3.   Drainage Plan Certification: The drainage plan shall be approved by the city engineer. The plan shall be prepared in conformance with guidelines available in the city engineer's office. The point of location where the natural drainage channel enters and leaves the property may not be changed without approval of the city engineer.

      4.   Construction Drawings And Improvements Plan Certification: The construction drawings and improvements plan shall be reviewed and approved by the city engineer. The city engineer shall verify that any existing buildings or structures, and all roads, easements and drainage channels on the property where the work is to be performed or on adjacent properties is accurately illustrated and described.

      5.   Other Certification: Other reports deemed necessary by the individual or body designated to grant approval may require certification. If necessary, any requirements for approval will be described at the time of the initial written request for additional technical reports, and certification will depend on the procedure, conditions, or terms described therein.

   J.   Engineer Review:

      1.   The city engineer shall:

         a.   Review the plans, reports, and certifications (PR&C) required by the city in accordance with the provisions of subsections D and I of this section; and

         b.   Identify any portions of such PR&C which: 1) are incomplete, 2) require greater specificity, and/or 3) inadequately address the relevant requirements of this code; and

         c.   After such review, identify any conditions, on or related to the property to be developed, which prohibit or limit development (e.g., high water table, blue clay conditions, etc.) and should be noted or otherwise included on the plat and made a matter for public notice, to protect subsequent owners, builders, caretakers, and/or developers of said property (e.g., plats; covenants, conditions and restrictions (CC&Rs); deed restrictions and covenants; and/or notices of interest filed with the county recorder); and

         d.   After consultation with the city attorney, as needed, recommend:

            (1)   Prohibitions and/or limitations on development, and

            (2)   Reasonable mitigation and notification requirements to effectuate the purposes and concerns of subsection J1c of this section, regardless of whether such requirement is specifically set forth in this code.

      2.   The recommendations of the city engineer, under subsection J1d of this section, shall:

         a.   Supplement the specific requirements of this code; and

         b.   Carry a rebuttable presumption of reasonableness, and, unless successfully rebutted under subsection J3 of this section, shall constitute requirements of the city with regards to the proposed development of the property.

      3.   A developer who disagrees with the recommendation of the city engineer may challenge such recommendation as unreasonable, unnecessary, and/or unduly burdensome; or on the basis that the condition or restriction to which the recommendation can, through proper and legitimate engineering and/or architectural/landscape design, be adequately and appropriately addressed and/or mitigated through a reasonable and more affordable alternative, approach, or solution. To do so, the developer shall submit, in writing: a) the developer's disagreement and the factual and legal basis therefor; b) an alternative method, approach, or solution, if any; and c) the desired resolution of the disagreement.

         a.   Informal: If the city engineer is persuaded by the submittal(s), the city engineer may: 1) withdraw, alter, or alter with conditions said recommendation; and/or 2) adopt or suggest the submitted, or another reasonable, alternative recommendation.

         b.   Formal:

            (1)   If the city engineer disagrees with the developer and does not alter said recommendation, the developer may:

               (A)   Accept the determination of the city engineer as final; or

               (B)   Contest the recommendation; and submit proposed engineering plans and/or architectural designs (stamped by a licensed engineer and/or architect [as appropriate]), for consideration by the city engineer, in support of the developer's claim, dispute, or suggested alternative.

            (2)   If the city engineer still disagrees with the developer's claim, dispute, or suggested alternative, the developer may:

               (A)   Retain the services of a second qualified engineer or architect, to study the matter and submit his or her opinions, findings, and recommendations to the city engineer for consideration;

               (B)   Request that the city and the developer (at the city's option) secure the services of another qualified engineer or architect, as appropriate, with the expenses thereof to be shared, as agreed, by and among the parties to the dispute or controversy (including the city), to study the matter and to submit his or her opinions, findings, and recommendations to the city engineer for consideration;

               (C)   Request that the city's land use authority consider the matter and waive, or waive with conditions, required compliance with the recommendation of the city engineer; and/or

               (D)   Appeal in accordance with the terms and provisions of subsection L of this section.

   K.   Notice And Liability Issues:

      1.   Where the city engineer, planning commission, and/or city council has identified any condition(s), on or related to the property to be developed, which do(es) or should prohibit or limit development (e.g., high water table, blue clay conditions, etc.), the city may, as appropriate:

         a.   Deny development; or

         b.   Approve the development, with or without conditions.

      2.   Where a development is approved under or in accordance with the provisions of subsection K1b of this section, the city, in order to limit its own liability and to afford reasonable notice to subsequent owners, builders, caretakers, and/or developers of the property to be developed (and those providing financing therefor), may require the developer to:

         a.   Provide the city with a release, waiver, hold harmless, and covenant not to sue (document), acceptable to the city attorney, assuming responsibility and liability for the development and any harm that may be occasioned to themselves or others, for a period of ten (10) years from the date thereof, as a result of such condition(s) as are identified by the city engineer under the provisions of subsection J of this section. (This shall be required when the city engineer has recommended against construction on or development of the land, and the city determines to grant approval.);

         b.   Note such condition(s) on the subdivision plat(s) and site plan(s) to be approved (if any);

         c.   Make such condition(s), and any required restriction(s) to address such condition(s) (such as a prohibition against basements, certain types of water intensive activities which may lead to drainage problems or soils instability, etc.), a matter of public record through one or more of the following methods, as determined reasonable and appropriate by the city: covenants, conditions and restrictions (CC&Rs); deed restrictions and covenants; and/or notices of interest filed with the county recorder; and/or

         d.   Note on the documents referenced in subsections K2b and K2c of this section that there is one or more specified conditions on the property which may restrict or prohibit development, and that a property owner, in purchasing and/or taking ownership in the property, assumes liability for the specified condition and for making financiers of the property and the owner's successors in interest aware of the condition on the property when financing, refinancing, or conveying his or her interest in the property.

   L.   Appeals:

      1.   In the event of a disagreement with the requirements imposed by city staff, the city engineer, the planning commission, or city council in connection with this chapter, an applicant may appeal the matter to the appropriate and relevant administrative appeals body of the city for relief (e.g., the board of adjustment, for land use and zoning matters; or the board of appeals, for building related code matters).

      2.   In the event the applicant is dissatisfied with the decision of the board of adjustment pertaining to a hillside development permit, the applicant may appeal the decision to a court of competent jurisdiction as permitted by section 10-9a-704, Utah Code Annotated (1953, as amended).

   M.   Verification Of Compliance: For developments on a "development parcel" to which this chapter applies, as defined in section 10-7A-2 of this chapter, certification by a Utah licensed engineer that the development has been completed in compliance with the approved hillside development permit, including satisfaction of any conditions contained in the permit, shall be required. Restoration bonds shall not be released, and certificates of occupancy shall be withheld for such a development, until such certification has been received by the city engineer. (Ord. 2013-03, 4-3-2013)

All proposed development and improvements subject to the provisions of this chapter are subject to the following required development standards. These standards are intended to provide a framework for development that is sensitive to the unique characteristics of hillside properties. Their purpose is not to discourage proposals for innovative or alternative methods of design in a hillside area; innovation is encouraged as long as the end result is one which respects significant landform features and is consistent with the purposes expressed in this chapter and in the goals and objectives of the LaVerkin City general plan (chapters 2 and 3).

   A.   Disturbance Limitations: The following criteria shall be applied in establishing the limits of disturbance for a site:

      1.   Adverse visual impacts shall be minimized as much as possible. The screening of cuts and fills, and the visual protection of prominent ridgelines, rock outcroppings, scenic views, and as much of the natural terrain as practicable is required.

      2.   Disturbed slopes shall be treated to minimize erosion, and natural drainageways shall be protected as much as possible.

      3.   The clearing of trees, shrubs and other native vegetation shall be limited to: the approved locations for streets, driveways and easements; the approved locations for building pads for structures, main buildings and accessory structures; and the minimum distance between structures and surrounding vegetation for established fire prevention and safety standards or recommendations.

      4.   Significant trees, shrubs and other native vegetation shall be preserved in the design of the development. Significant vegetation is to be identified on a map with the application submittals and city staff will review the submittals and visit the site to determine the significance of existing vegetation.

      5.   The limits of disturbance may have borders or edges as long as the significant features of the natural terrain are being preserved.

      6.   All topsoil from any disturbed portion of the site shall be preserved and utilized in revegetation areas. The soil in the upper portion of fill areas shall be of a sufficient quality to support native plant growth.

      7.   The maximum limits of disturbance shall be identified on each lot or parcel of the approved site plans and subdivision plats and shall include all graded, excavated, and filled areas, the areas occupied by main and accessory structures, hard surface areas that include driveways, walkways, patios and parking areas, and all other areas of disturbance or nonnative vegetation.

   B.   Grading Design: Grading for all developments shall be designed to blend with the contours of the adjacent natural terrain.

      1.   Limits Of Grading: No grading, cutting, filling, excavating, benching or terracing of any proposed lot or parcel shall go beyond the maximum limits of disturbance for each lot or parcel as provided herein.

      2.   Cuts And Fills: All cuts and fills shall be minimized as much as practicable and shall be included within the maximum limits of disturbance for each lot or parcel. All cut and fill areas shall be recontoured to the natural, varied contours of the surrounding terrain with a maximum slope transition back to the natural grade no greater than two to one (2:1). Slope ratios greater than two to one (2:1) are prohibited except for approved cuts into solid rock only. Any such proposed cut into rock shall be reviewed by planning commission with recommendation to city council for appropriateness, suitability, and visual impact in order to grant approval if warranted. For approved cuts into solid rock, the slope may be as steep as one-half to one (1/2:1) if recommended by a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering and if the visual impact of the cut can be adequately mitigated. All areas of cut and fill shall be protected from erosion during the period of construction and shall be permanently planted or otherwise protected from erosion within twenty (20) days of the completion of grading and excavation as identified by the approved landscape plan.

Where cut or fill conditions are created, slopes shall be varied where feasible rather than left at a constant angle which may be unstable or create an unnatural, rigid, engineered appearance. (See section 10-7A-6, figure 1 of this chapter.)

      3.   Cuts And Fills Visual Mitigation: The visual impact of cuts and fills shall be mitigated by methods approved by the city engineer. This mitigation may include, but is not limited to, the placement of buildings in front of the cuts and/or the placement of retaining walls designed to blend with the surrounding terrain to stabilize the cut. Mitigation shall predominantly be contour grading along with plantings as identified on the approved landscape plan that will stabilize the cut or fill slope and blend with the surrounding vegetation. The use of retaining walls is to be as limited in scope and height as feasible to ensure the visual predominance of vegetation. Contour grading techniques shall be used to provide a natural appearing variety of slope transitions, slope percentage and slope direction in a three- dimensional, undulating pattern similar to existing, adjacent terrain.

         a.   Hard edges left by cut and fill operations shall be given a rounded appearance that closely resembles the natural contours of the land. (See section 10-7A-6, figure 2 of this chapter.)

         b.   Manmade slopes adjacent to roadways shall be softened where feasible by sufficient berms, contour grading, and/or landscaping to create visually interesting and pleasing streetscapes. (See section 10-7A-6, figure 3 of this chapter.)

      4.   Street And Driveway Alignment: Street alignments shall run generally parallel along the contours of the natural terrain as much as practicable. Short sections of streets that run perpendicular to natural contours and serve the purpose of connecting main parallel sections of streets are permitted and shall follow the natural curves of drainageways where practicable. Streets shall not greatly alter the physical and visual character of a hillside by creating large notches in ridgelines or by defining wide straight alignments. Contour grading techniques shall be employed on all streets and associated cut and fill areas to minimize any adverse impacts. The portions of driveways that run perpendicular to natural contours and serve the purpose of accessing building lots and parcels shall be as short as practicable. (See section 10-7A-6, figure 4 of this chapter.)

      5.   Open Space Trails: Where permitted, trails through open space shall be located such that cuts and fills are minimized and visual character is preserved. Where cuts and fills are required, cut conditions uphill from the trail typically have less of an overall visual impact than an exposed downhill fill area.

      6.   Structure Location: Design of building sites shall be sensitive to the natural terrain. Structures shall be located in such a way as to minimize grading and to preserve natural features. Careful consideration shall be given to the general orientation of the slope when locating structures. (See section 10-7A-6, figure 5 of this chapter.)

      7.   Building Sites: On each building site, careful consideration shall be given to the cut and fill conditions such that a balance is achieved where feasible and consistent with the intent of this chapter to minimize the visual impact of grading. Different slope conditions call for corresponding typical cut and fill solutions such that the structure fits well into the topography as illustrated below. Impacts to natural drainageways shall be avoided where possible. (See section 10-7A-6, figures 6 and 6A of this chapter.)

   C.   Viewshed Protection: To minimize the adverse visual impacts that development may potentially have on prominent ridgelines, mesas, and other site features, the following setbacks shall apply: Reserved.

   D.   Architectural Standards: The purpose of establishing architectural design standards in improvements and developments subject to this chapter is to ensure quality development that blends with the hillside environment and to create neighborhoods that display harmonious and complementary architectural styles. To achieve hillside compatible development, the city recognizes the importance of having architectural design that incorporates rooflines and other building elements that reflect the naturally occurring ridgeline silhouettes and topographical variations.

      1.   Building Orientation: A variety of building and lot orientations shall be provided in order to encourage development suitable with the hillside character of the site.

         a.   Structures shall be designed so the slope angle of the roof pitch is generally less than or equal to the angle of the natural hillside or manmade slope. (See section 10-7A-6, figure 8 of this chapter.)

         b.   Site planning shall emphasize the preservation of views to prominent visual features such as ridgelines. This includes building orientation to allow view opportunities and lot development on the least sensitive portions of the site to preserve landforms, vegetation and topographical features.

         c.   Hillside adaptive architecture shall be terraced to follow the contours of the slope. Exterior structural supports and undersides of floors and decks not enclosed by walls are discouraged but may be permitted with fire safety and architectural considerations adequately addressed to the satisfaction of the city individual or body designated to grant approval.

      2.   Building Style: The use of hillside adaptive architecture as needed shall be incorporated into the design of individual lots. Step building foundations may be required to minimize grading. (See section 10-7A-6, figures 9, 10, and 11 of this chapter.)

         a.   Architectural styles shall be compatible with the hillside character, topography, and look of the community.

         b.   The dimensions of a building, measured in the direction of the slope, shall be minimized in order to limit the amount of cut and fill and to better incorporate the structure to the natural terrain.

      3.   Fencing And Privacy Walls: All fences and privacy walls adjacent to or clearly visible from public roads or parks shall be constructed of decorative masonry or other approved materials which have a natural appearance and shall be a color that blends with the surrounding environment and is complementary to the landscape. The applicant shall present illustrations and descriptions of fencing and wall materials as required by this section.

All walls and fences which are adjacent to or visible from public roads shall be set back from the right of way a minimum of ten feet (10') and landscaped on the street side of the wall or fence. A minimum flat area from top or toe of slope of three feet (3') or more as required by the adopted building codes of the city shall be maintained to face of wall on common area maintenance slopes with slope heights of thirty feet (30') or greater. (See section 10-7A-6, figure 12 of this chapter.)

   E.   Landscape Design Standards: Landscape materials and stabilization of graded slopes shall be designed to be compatible with surrounding natural vegetation. Plant material shall be selected according to compatible climatic, soil and ecological characteristics of the region.

   F.   Retaining Walls: The purpose and intent of establishing development standards for retaining walls is to ensure that the application of retaining walls are aesthetically pleasing elements within the subject property and limited in quantity throughout a development. The location of all retaining walls, privacy walls and fences shall be identified along with their proposed heights, materials and colors, and shown on the grading plan and concept plan. All retaining walls, privacy walls and fences shall be located within the maximum limits of disturbance for each lot or parcel.

      1.   General Standards:

         a.   Retaining walls shall be used for the purpose of containing fill material or for minimizing cut or fill slopes. The retaining wall may only extend six inches (6") above the material it is retaining.

         b.   A retaining wall shall not be constructed in such a manner so as to block or restrict vehicular access to a dedicated or implied dedicated alley, accessway, pedestrian access, trail, sidewalk, easement, or right of way.

         c.   All retaining walls and all privacy walls and fences surrounding a development's perimeter shall be faced with stone or earth colored materials complementary to the surrounding natural landscape.

         d.   Retaining walls shall follow the natural contours of the slope where feasible. Curved walls that follow the natural contours are recommended but not required.

         e.   All retaining walls as well as all freestanding walls and fences shall comply with the adopted building codes of the city.

      2.   Height Standards:

         a.   No retaining wall for a cut or fill area shall exceed ten feet (10') in height as measured from the immediately adjacent lowest natural or finished grade to the top of wall unless it can be demonstrated in the overall mitigation plan for cuts and fills that taller walls will not detract from the surrounding terrain and there is a predominance of vegetation in the fill areas. Retaining walls shall not be stacked or terraced in any manner that increases their combined height beyond ten feet (10'). If desired, two (2) subwalls may be stacked or terraced to a maximum combined height of ten feet (10'). A minimum separation of six feet (6') is required between subwalls as measured from face of wall. (See section 10-7A-6, figure 13 of this chapter.)

         b.   For purposes of this subsection, retaining walls are not considered stacked or terraced if there is a minimum horizontal separation of ten feet (10') between sets of retaining walls. With the minimum ten foot (10') separation, each retaining wall set may be constructed to the maximum allowed height; either the ten foot (10') height or the taller height demonstrated that would not detract from the surrounding terrain. The separation area between the sets of retaining walls shall be planted with low water use/low maintenance shrubs or other vegetation as approved in the landscape plan. Trees are not to be planted in the zone between terraced walls unless the distance between walls is a minimum of twenty feet (20'). This vegetation will help reduce the apparent visual height of the wall or walls.

         c.   Retaining walls may be constructed to varying heights throughout a development.

            (1)   Retaining walls constructed in the side yard area of a lot shall maintain a maximum retaining wall height of four feet (4'); provided that such wall does not extend into a required front yard adjacent to a street.

            (2)   Retaining walls constructed in the rear yard area of a lot shall maintain a maximum retaining wall height of eight feet (8').

            (3)   All planting areas between and adjacent to retaining walls shall be provided with an automatic irrigation system suitable for low water use vegetation. Such irrigation system shall be approved and inspected prior to the construction of any wall.

            (4)   Where a retaining wall contains fill above the natural grade and is located within a required setback yard, the height of the retaining wall shall be considered as contributing to the permissible height of a fence or wall at that location. A non- view obscuring fence up to three and one-half feet (3.5') in height may be erected at the top of the retaining wall for safety.

         d.   Retaining walls not exceeding six feet (6') in height are permitted adjacent to structures in order to provide a private outdoor area.

         e.   To the extent that there is an inconsistency or discrepancy between a requirement and/or provision of subsection 10-7-7F of this title and this chapter, the stricter requirement/provision shall apply.

   G.   Corrective Work: Nothing in this section shall prohibit the individual or body designated to grant approval from authorizing grading deemed necessary to correct previously disturbed natural areas or existing hazardous conditions that are on site but not a part of the proposed development area and that are brought to the city's attention. In such case, the applicant will investigate possible alternatives with subsequent review by the individual or body designated to grant approval. (Ord. 2013-03, 4-3-2013)

   FIGURE 1

   FIGURE 2

   FIGURE 3

   FIGURE 4

   FIGURE 5

   FIGURE 6

   FIGURE 6A

   FIGURE 7

   Reserved

   FIGURE 8

   FIGURE 9

   FIGURE 10

   FIGURE 11

   FIGURE 12

   FIGURE 13

(Ord. 2013-03, 4-3-2013)