Mantua City Zoning Code

Lands located in or partially within the Sensitive Lands Overlay Zone(s) as depicted on the Town's Land Use Map and Zoning District map(s) shall require the developer to perform the following environmental impact studies listed below.

The following analysis shall be conducted to determine the exact boundaries of the areas of sensitive lands as well as mitigation measures necessary to eliminate or lessen the impacts of development in such areas.

11.10.1.1 Sensitive Lands Analysis And Determination

Any applicant for any development approval located within an area identified as sensitive lands  shall produce an analysis performed by qualified professionals licensed in the State of Utah that identifies and delineates all the following features and conditions:

11.10.1.1.1 Slope/Topographic Map

A slope/topographic map shall be prepared and based on a certified boundary survey which depict contours at an interval of five feet (5’) or less. Additionally, the map shall highlight areas of high geologic hazard, areas subject to land sliding, and all significant steep slopes in the following categories:

1. greater than fifteen (15) percent but less than or equal to thirty (30) percent;
2. greater than thirty (30) percent but less than or equal to forty (40) percent;
3. over forty (40) percent.

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

11.10.1.1.2 Ridge Line Areas

Ridge line areas shall be denoted and shall include all crests of hills or steep slopes.

11.10.1.1.3 Vegetative Cover

Vegetative cover shall be denoted generally by type and density of vegetation, including: 1) deciduous trees, 2) coniferous trees, 3) gamble oak or high shrub, and 4) sage, grassland, and 5) agricultural crops. The Town shall have the discretion to require a more detailed tree/vegetation survey if the site has significant or unusual vegetation, stands of trees, or wooded areas.

11.10.1.1.4 Entry Corridors And Vantage Points

All Town designated entry corridors as depicted on the Land Use Map and/or Zoning Map, as well as any designated vantage points present within or adjacent to the site.

11.10.1.1.5 Wetlands

Wetlands as established by using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January 10, 1989, or more recent, whichever is stricter.

11.10.1.1.6 Stream Corridors

Stream corridors as defined by their ordinary high-water mark.

11.10.1.1.7 Wildlife Habitats

All critical or sensitive wildlife areas and habitats as defined by the State or other studies shall be delineated. The report shall designate the types of wildlife species that inhabit the area and may be affected by the different types of land uses proposed in the area.

11.10.1.2 Additional Information And Study Requirements

Upon review of the analysis required by the preceding subsection, the Land Use Authority may require the applicant to undertake the following additional studies and submit the following information and assessments to ensure that the Town has adequate information to comprehensively assess all development proposals in or containing sensitive lands. Such information and studies may include, but are not limited to:

11.10.1.2.1 Visual Assessment

Visual Assessments of the subject property from relevant designated vantage points as directed by the Land Use Authority, depicting conditions before and after the proposed development, including the proposed location, size, design, landscaping, and other visual features of the project to assist in analyzing the potential aesthetic impact and most advantageous location of structures and other improvements to reduce any adverse impact. The visual assessment shall be conducted using techniques as approved by the Land Use Authority , including but not limited to sketches, models, drawings, renderings, hand-enhanced photographs, and computerized images. Selection of the appropriate technique will depend on the size of the development and the visual sensitivity of the proposed development site.

11.10.1.2.2 Soil Investigation Report

A soil(s) investigation report, including but not limited to shrink-swell potential, elevation of water table, general soil classification(s) and suitability for development, erosion potential, hazardous material analysis, and potential frost action.

11.10.1.2.3 Geotechnical Report

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

11.10.1.2.4 Reserved

11.10.1.2.5 Fire Protection Report

A fire protection report, including but not limited to the identification of potential fire hazards, mitigation measures, access for fire protection equipment, existing and proposed fire flow capability. The fire protection report shall address, as appropriate, the State Forester's Wildfire Hazards and Residential Development Identification Classification and Regulation Report and the Box Elder County Wildfire Plan. This report must be made with the direction/cooperation and approval of the South Box Elder Fire District.

11.10.1.2.6 Hydrologic Report

A hydrologic report, including but not limited to information on groundwater levels, natural and agricultural irrigation and drainage channels and systems, and base elevations in flood plains.

11.10.1.2.7 Wetland/Stream Corridor Resource Evaluation

A wetland/stream corridor resource evaluation, including a delineation of wetland and stream corridor boundaries and a determination of resource significance.

11.10.1.2.8 Agricultural Analysis

An agricultural analysis may be required to determine the impacts on important agricultural areas within or adjoining the area(s) of the subject property. This analysis shall address the effects of changing land uses on vegetation, irrigation systems, range land quality, weed control, agricultural accesses and rights-of-way and fire concerns.

11.10.1.3 Waiver/Modification Of Analysis And Study Requirements

Based upon a preliminary assessment of the development proposal and a site field inspection, the Land Use Authority may modify or waive any of the sensitive lands analysis requirements upon a determination that the information is not necessary for a full and adequate analysis of the development or is sufficient at a reduced level of detail.

11.10.1.4 Sensitive Lands Delineation

The study summitted by the developer  may suggest areas for designation and/or various alternatives, however, the final designation of such areas shall be made by the Town.  Once approved by the Land Use Authority such delineations shall be used as the basis for all calculations of open space, density, buffers, setbacks, and density transfers permitted or required by this Chapter.

11.10.1.5 Density Transfer

Whenever land within the Sensitive Lands Overly Zone(s) is subject to more than one (1) density transfer provision the more restrictive provision shall apply.

11.10.1.6 Annexations

Whenever a petition for annexation is presented to the Town, the applicant may be required to provide a sensitive lands analysis according to this Chapter if the proposed land for annexation are located adjacent to existing sensitive lands. The petitioner(s) may be required to provide information and analysis based upon existing conditions on the site prior to the Town Council annexing the proposed lands into the Town. The submitted analysis may lead to the Town's designation of additional areas of sensitive lands, significant ridgelines, wetlands areas or vantage points which may not have been previously included as a part of this ordinance or identified on the accompanying maps.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The following provisions shall apply to all sensitive lands contained in the Sensitive Lands Overlay Zone(s). Areas classified as hazardous (geologic or natural hazards and high flooding potential) to development or areas where proper wildlife mitigation measures cannot be implemented to the satisfaction of the Town shall be deemed as undevelopable. Sensitive lands which are located outside of areas which have been classified as undevelopable may be developed according to the following regulations:

11.10.2.1 Slope Protection Regulations

11.10.2.1.1 Intent

It is the intent of these regulations to protect the Town's visual character and environmentally sensitive areas on hillsides and slopes. This shall be accomplished by minimizing the visual and environmental impacts of development through careful site planning that maintains the maximum amount of open space, protects existing vegetation, avoids natural sensitive areas, minimizes erosion, recognizes the need for water conservation and locates structures in the least visually sensitive location.

These regulations shall apply to all slopes in excess of fifteen (15) percent.

11.10.2.1.2 Prohibitions

No development shall be allowed on or within fifty feet (50’) of slopes in excess of thirty percent (30%), lands subject to land sliding, regular flooding, soils deemed unsuitable as to safety, and other high-hazard geological areas, as determined by a geotechnical or soils report.

11.10.2.1.3 Graded Or Filled Slopes

Cutting and filling to create additional or larger building sites shall be kept to a minimum and avoided to the maximum extent feasible. All proposed grading and filling shall be subject to review by the Town’s Engineer to ensure minimum visual impact and geotechnical safety. Graded or filled slopes shall be limited to a 3 to 1 slope or less. All graded slopes shall be contoured and revegetated to the natural, varied contour of surrounding terrain.

11.10.2.1.4 Benching Or Terracing

Benching or terracing to provide additional or larger building sites is prohibited.

11.10.2.1.5 Streets And Roads

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

1. Streets and roads that cross slopes of thirty percent (30%) or greater shall not be allowed, except that a short run of not more than one hundred feet (100’) across slopes greater than thirty percent (30%) may be allowed by the Land Use Authority upon a favorable recommendation by the Town's Engineer that such streets or roads will not have significant adverse visual, environmental, or safety impacts.
2. Where streets and roads are proposed to cross slopes greater than fifteen percent (15%) the following standards shall apply:
3. Evidence must be presented that such streets and roads will be built with minimum environmental damage and within acceptable public safety parameters;
4. Such streets and roads shall, to the maximum extent feasible, follow contour lines, preserve the natural character of the land, and be screened with trees or vegetation; and
5. Cutting and filling shall be held to a minimum.

11.10.2.1.6 Retaining Walls

Use of retaining walls is encouraged to reduce the steepness of human-made slopes and to provide planting pockets conducive to revegetation. The use, design, and construction of all retaining walls shall be subject to the approval of the Land Use Authority based upon assessment of visual impact, compatibility with surrounding terrain and vegetation, and safety considerations.

11.10.2.1.7 Landscaping And Revegetation

In order to mitigate adverse environmental and visual effects, slopes exposed in new development shall be landscaped or revegetated in accordance with a revegetation/landscaping plan as provided in this Code, Chapter 8D.2.4 (Limits of Disturbance/Vegetation Protection) as amended, and enhanced by the requirements this chapter. Topsoil from any disturbed portion of a steep slope shall be preserved and utilized in revegetation. Fill soil must be of a quality to support native plant growth.

11.10.2.1.8 Private Development Design Standards

All private development on steep slopes shall comply with the design standards currently adopted by the Town including those standards of this Chapter.

11.10.2.1.9 Open Space And Density - Steep Slopes

Open space and density on delineated portions of sites with steep slopes are not eligible for transfer.

11.10.2.1.10 Open Space And Density - Very Steep Slopes

Open space and density on portions of sites with very steep slopes are eligible for transfer provided that:

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

11.10.2.1.11 Master Planned Development Open Space Requirements

Any open space requirements contained in Chapter 9 of this Code shall continue to apply to the developed portion of any sensitive lands site developed under that Chapter.

11.10.2.2 Ridgeline Area Protection Regulations

11.10.2.2.1 Intent

The intent of these provisions is to protect the unique visual and environmental character of all designated ridgeline areas within the Sensitive Lands Overlay Zone(s) and to ensure that development near ridgeline areas blends in with and does not interrupt or modify the natural contour elevations of these landforms. Significant ridgeline areas should be retained in a natural state, and development should be sighted in such a manner so as not to create a silhouette against the skyline or mountain backdrop as viewed from the designated vantage points. For the purposes of this chapter the 5400 contour line is set as the view shed. No development is permitted that exceed the 5440 contour line including the rooflines of structures.

11.10.2.2.2 Minimum Setback

No building, roof, or other appurtenant device shall encroach upon the ridgeline areas. Additionally, no roof or other appurtenant device, including mechanical equipment, on any building may visually intrude on the ridgeline areas from any of the designated vantage points as described herein, and determined by a visual assessment.

11.10.2.2.3 Open Space And Density

In addition to the specific development regulations set forth above, the following general open space and limits of disturbance regulations shall apply to all ridgeline areas located within the Sensitive Lands Overlay Zone(s):

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

11.10.2.3 Sensitive Lands Entry Corridor Protection

11.10.2.3.1 Intent

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

11.10.2.3.2 Applicability

The regulations contained in this section shall apply to all structures on lots adjacent to or within two-hundred and fifty feet (250') of the nearest right-of-way of a designated sensitive lands entry corridor and may include all highway entries into the Town as designated on the Town's Land Use Map and Zoning District Map(s).

11.10.2.3.3 Reserved

11.10.2.3.4 Access/Traffic

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

11.10.2.3.5 Setbacks

1. A setback line shall be established by the Land Use Authority based upon a visual assessment of the property. However, in no case shall the setback be less than one-hundred feet (100') from the nearest entry roadway right-of-way. In areas where open meadow vistas are considered important, the required setback may be increased significantly by the Land Use Authority.
2. Building setbacks shall vary from structure to structure within any one lot or development. Setbacks shall also vary from those on adjoining roadway- oriented property to avoid creating a walled effect. Buildings shall be located in such a manner to enhance and frame important views as determined in the visual assessment.
3. Agricultural or stock fences shall be permitted in the setback areas.

11.10.2.3.6 Parking Lots

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

11.10.2.3.7 Berms/Earthwork Screening

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

11.10.2.3.8 Fencing

In addition to the requirements contained in this Code, all fences within an entry corridor shall be of one of the following styles:

1. Wooden or vinyl rail;
2. Architecturally compatible solid wood and natural stone;
3. Wire type stock fences; or
4. Various forms of steel fencing as determined by the Town, not including chain link fencing.

11.10.2.3.9 Height Controls

No building shall exceed the following height limits:

1. Twenty feet (20') if the entry corridor setback is less than one hundred fifty feet (150').
2. Twenty-five feet (25') if the entry corridor setback is greater than one-hundred fifty feet (150') but less than two-hundred feet (200').
3. Up to the maximum height allowed by the underlying zone district if the setback is two-hundred feet (200') or greater.

In addition, buildings may be required to be stepped back to preserve and enhance important views as defined in the visual assessment.

Setbacks shall be measured from the following points:

1. The property line on the road right-of-way; or;
2. The outermost edge of the dike around the reservoir; or
3. The 5440 contour line.

11.10.2.3.10 Pedestrian Facilities

Trails and sidewalks shall be provided in all entry corridor developments in accordance with the Town’s Trails Master Plan.

11.10.2.3.11 Landscaping/Vegetation Protection

A landscaping plan shall be required for all entry corridor developments, and vegetation protection shall be undertaken pursuant to this Code.

11.10.2.3.12 Design Standards

All development within an entry corridor shall comply with the design standards contained in this Code.

11.10.2.4 Wetlands And Stream Or River Corridors

11.10.2.4.1 Intent

The Town finds that the wetlands, stream(s) and Box Elder Creek and Maple Creek channel corridors provide important hydrologic, biological and ecological, aesthetic, recreational, and educational functions. Important functional values of wetlands and streams can be lost or significantly impaired as a result of various development activities and additional functional values of these important resources may be lost. The following requirements and standards have been developed to promote, preserve and enhance these valuable resources and to protect them from adverse effects and potentially irreversible impacts.

11.10.2.4.2 Jurisdiction

All significant wetlands and stream corridors located in the Sensitive Lands Overlay Zone(s) are regulated as provided herein and are subject to the jurisdiction of this ordinance.

11.10.2.4.3 Prohibited Activities

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

11.10.2.4.4 Boundary Delineations

Wetland and stream corridor delineations shall be performed by a qualified professional licensed in the State of Utah that has demonstrated experience necessary to conduct site analysis. The qualified professional shall be approved by the Land Use Authority and shall perform the work on behalf of the Town through a third-party contract where all fees, costs and expenses are borne by the applicant. Delineation of wetlands and stream corridors shall be subject to the approval of the Land Use Authority.

11.10.2.4.5 Determination Of Significance

1. A wetland delineated pursuant to the 1989 Federal Manual shall be found significant based upon the following criteria:
2. Size. All wetlands that occupy a surface area greater than 1/10 acre or are associated with permanent surface water are significant.
3. Location. All wetlands that are adjacent to or contiguous with a stream corridor are significant.
4. All stream corridors are significant. Stream Corridors shall not include ditches which are commonly known to be irrigation ditches and do not contribute to the preservation or enhancement of fisheries or wildlife.

11.10.2.4.6 Setbacks

The following setbacks are considered minimum distances:

1. Setbacks from wetlands shall extend a minimum of one hundred feet (100') outward from the delineated wetland edge.
2. Setbacks from stream corridors shall extend a minimum of one hundred feet (100') outward from the ordinary high water mark.
3. Setbacks from irrigation ditches shall extend a minimum of thirty feet (30’) from the ordinary high water mark.

11.10.2.4.7 Runoff Control

All projects adjacent to wetlands shall provide appropriate temporary (straw bail berms) and permanent runoff controls to minimize sediment and other contaminants to the maximum extent feasible. These control systems shall be approved by the Town Engineer.

11.10.2.4.8 Habitat Restoration Projects

The Town may approve wetland and stream restoration and enhancement projects providing that the project plan has been reviewed by a qualified professional and approved by the appropriate State and Federal agencies with jurisdiction. All habitat restoration work shall be performed under the direct supervision of a qualified professional licensed in the State of Utah.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.10.3.1 Development Approvals For Pubic Projects/Public Works/Public Utilities

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

11.10.3.1.1 Consultation

1. Public Utilities Projects. The project sponsor shall notify the Town of the proposed project. A project plan delineating the location, alignment, and scope of the undertaking shall be submitted with such notification. If the Town determines that the project may have significant visual and environmental impacts, a consultation meeting shall be scheduled. No development shall occur until after the consultation meeting and compliance with the steps outlined in the following subsections, unless the Town determines that no significant visual or environmental impact will result from the proposed project.
2. Public Works And Other Public Projects. The department director shall notify the Land Use Authority of all proposed projects which may have significant visual and environmental impacts and a consultation meeting shall be scheduled. No development shall occur until after the consultation meeting and compliance with the steps outlined in the following subsections. Minor projects which are determined by the Land Use Authority to have no potential for significant visual or environmental impacts shall be exempt from the process outlined in Sections 10.3.1.2 through 10.3.1.6.

11.10.3.1.2 Mitigation

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

11.10.3.1.3 Adoption Of Recommendations

The project sponsor shall, before undertaking the project, to the maximum extent feasible, adopt the modifications and mitigation measures recommended by the Land Use Authority or state in writing why adoption of such measures is not feasible before the project shall proceed.

11.10.3.1.4 Wetlands And Stream Corridors

All public utilities and public works, constructed or undertaken within significant wetlands and stream corridors and their respective setbacks, including but not limited to water and sewer projects, pipelines, electrical supply facilities and wires, roads, and trails, shall be governed pursuant to the procedures set forth in Section 10.3.1. They shall be exempted from the requirements of Section 10.2.4 providing that: (a) no practical alternative location exists outside the significant wetland and significant stream corridor and their respective setbacks; and (b) the project meets the technical guidelines defined below:

1. To the maximum extent feasible, disturbed areas within the setbacks shall be revegetated using native species common to the native vegetation community.
2. Maintenance access shall be provided at specific access points rather than parallel access roads. To the extent that access roads must be located within a corridor, the roads shall be kept to a minimum width. Parallel access roads shall be sighted contiguous to the utility corridor to minimize disturbance and shall be sighted on the outside edge of the utility corridor away from the resource.
3. Surface materials used for trail construction and other access routes shall be approved by the Town.
4. Road construction techniques for stream crossings shall use appropriate methods demonstrated to provide fisheries protection.

11.10.3.1.5 Emergency Repairs

In the event of an emergency that requires immediate action to protect the health and safety of the general public, such action may go forward without the immediate consent of the Land Use Authority. The Land Use Authority shall be consulted at the earliest stage reasonably possible in the construction/repair phase.

11.10.3.1.6 Maintenance

Maintenance projects shall proceed only after notification of and approval by the Town Staff. If the Town, due to the size or nature of the maintenance activity, determines that it may have a significant adverse impact on sensitive lands, the project shall proceed through the review procedures set forth in Sections 10.3.1.1 through 10.3.1.5.

11.10.3.2 Substantial Compliance

To avoid unnecessary review by Town consultants and/or agencies and disputes over the application of the Sensitive Lands Overlay Zone provisions, whenever there are practical difficulties over the application of the provisions or whenever the aims of this ordinance can be better achieved through alternatives to strict compliance, the Land Use Authority, may make specific modifications to strict compliance with the Sensitive Lands Overlay Zone ordinance provisions.

11.10.3.3 Economic Hardship Relief Provisions

11.10.3.3.1 Hardship Relief Petition

Any applicant for development, after a final decision on its development application is taken by the Land Use Authority, may file a hardship relief petition with the Town’s Appeal Authority seeking relief from certain sensitive lands regulations on the basis that the denial of the application has created a substantial economic hardship, depriving the applicant of all reasonable use of its property.  Such petition shall meet the requirements and shall be reviewed by the Appeal Authority according to the provisions of Chapter 5 of this Code.

11.10.3.3.2 Reserved

11.10.3.3.3 Reserved

11.10.3.3.4 Reserved

11.10.3.3.5 Reserved

11.10.3.3.6 Reserved

11.10.3.3.7 Reserved

11.10.3.3.8 Reserved

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.10.4.1 Definitions Usage

For the purposes of this chapter, certain unique terms and words used herein shall be used, interpreted, and defined as set forth in this section and in Chapter 2 of this Code.

11.10.4.2 Definitions

1. Compatible. A development is compatible with an existing development or property if its architectural features, building height and materials, approved uses, intensity of such use and other features are complementary and do not have a significant adverse economic and aesthetic impact on the existing development or property, including agricultural properties.
2. Crest of hill. The highest point on a hill or slope as measured continuously throughout the property. Any given property may have more than one hillcrest.
3. Substantial economic hardship. Means denial of all reasonable economic use of the property.
4. Development Approval Application. Includes any application for any development approval including but not limited to grubbing, grading, an alteration or revision to an approved MPD, conditional use permits, zoning or rezoning, subdivision, or annexation. The term "development approval application" shall not include any building permits associated with construction within an approved subdivision or on an existing platted lot unless otherwise specified.
5. Land Management and Development Code. The official Town of Mantua Land Management and Development Code adopted July 19,2006, and effective July 20, 2006, as amended of which this chapter is a part.
6. Maximum extent feasible. Means no prudent, practical and feasible alternative exists, and all possible planning to minimize potential harm has been undertaken. Economic considerations may be taken into account but shall not be the overriding factor in determining "maximum extent feasible."
7. Open space. Shall have the meaning set forth in Chapter 2 of this Code.
8. Ordinary high water mark. Means the line on the bank to which the high water ordinarily rises annually in season as indicated by changes in the characteristics of soil, vegetation or other appropriate means which consider the characteristics of the surrounding areas. Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted. In braided channels, the ordinary high water mark or substitute shall be measured so as to include the entire stream feature.
9. Qualified professional. Means a professionally trained person with the requisite academic degree, experience, and professional certification or license in the field or fields relating to the subject matter being studied or analyzed licensed in the State of Utah.
10. Ridgeline areas. Means the crest of a hill or slope plus the land located within two hundred feet (200’) horizontally (map distance) on either side of the crest.
11. Significant wetland. All Wetlands which occupy a surface area greater than 1/10 acre or are associated with permanent surface water or which are adjacent to or contiguous with a stream corridor.
12. Slope. The level of inclination of land from the horizontal determined by dividing the horizontal run of the slope into the vertical rise of the same slope and converting the resulting figure into a percentage value. For purposes of regulation and measurement, slopes must cover at least twenty five feet (25’) vertically and fifty feet (50') horizontally.
13. Stream. Means those streams, excluding ditches and canals constructed for irrigation and drainage purposes, that flow year around or intermittently during years of normal rainfall.
14. Stream corridor. Means the corridor defined by the stream's ordinary high water mark.
15. Suitability determination. A determination carried out by the Land Use Authority to ascertain if a development at increased densities due to a density transfer from a sensitive area is compatible with development on surrounding or adjacent property.
16. Vantage points. A height of five feet (5’) above a set reference marker in the designated vantage points within Mantua that function to assist in analyzing the visual impact of development on hillsides and steep slopes.
17. Wildland interface zone. Those areas with special safety considerations because of their location on the urban fringe. All areas within the Sensitive areas Overlay Zone(s) shall be considered to be in the wildland interface zone unless the Fire Marshall determines otherwise based upon the amount of vegetative cover, including coniferous or deciduous trees, gamble oak or high shrub, and mixed forest, and steepness.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

All private development within the Sensitive Lands Overlay Zone(s) shall comply with the following design standards which supplement, and supersede in the case of a conflict, any design standards in effect and adopted by the Town.

11.10.5.1 Building Color And Material

All buildings shall be constructed of material of a muted earth tone color that reflects the dominant color of the surrounding vegetation.

11.10.5.2 Windows And Other Glass

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

11.10.5.3 Parking

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

11.10.5.4 Rooftop Mechanical Equipment

All rooftop mechanical equipment and similar appurtenances, shall be screened so as not to be visible from nearby properties or hillsides above the equipment.

11.10.5.5 Roof Pitch, Color, And Materials

The pitch of any roof shall generally parallel the slope upon which the building is located, but in any case shall not exceed a height to horizontal ratio of 9/12 and shall not descend closer than seven feet (7’) feet from the ground. The minimum roof pitch shall be 4/12. Roofs shall be of a dark, muted earth tone color in a shade of dark gray, dark brown, or black that reflects the dominant color of the surrounding vegetation.

11.10.5.6 Height Controls

Upon review of any subdivision or MPD within the Sensitive Lands Overlay Zone(s), an analysis of appropriate building heights will be conducted. Based upon the visual analysis, building heights may be reduced for all or part of a proposed development.

11.10.5.7 Reserved

11.10.5.8 Underground Utilities

All utility lines in steep slope developments shall be underground, except that the Land Use Authority may allow above ground utilities if burying would result in severe damage to significant vegetation or sensitive environmental areas.

11.10.5.9 Wood Roofs

Because of fire safety concerns, wood shingles, including fire retardant wood shingles, are prohibited in all wildland interface zones as defined in this Chapter, section 10.4.2 and Chapter 2 of this Code. Wood roofs may be allowed on additions to existing structures with wood roofs. In addition wood roofing may be allowed on later phases which continue the specific design of existing projects and where the original phase has wood roofing. However, existing non-conforming structures shall comply with this section when the structure's roof is replaced.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

11.10.6.1 Additional Regulations

The following provisions and mitigation measures are hereby adopted as enhancements to existing limits of disturbance regulations contained in Chapter 8 of this Code and must be adequately studied. These regulations will apply to new and existing platted subdivisions in the Sensitive Lands Overlay Zone, including the following criteria to be used in establishing limits of disturbance.

1. Visual impacts of the development, including but not limited to screening from adjacent properties, ridgeline areas protection, and protection of critical view sheds as defined in the Sensitive Lands Regulations, Section 10.1 herein.
2. Erosion prevention and control, including but not limited to protection of natural drainage channels.
3. Fire prevention and safety, including but not limited to location of trees and vegetation near structures.
4. Irrigation and water conservation.
5. Wildlife habitat, including but not limited to preservation of critical wildlife habitat and migration routes.
6. Stream and wetland protection and buffering.

11.10.6.2 Tree/Vegetation Removal

No trees or vegetation within the Sensitive Lands Overlay Zone(s) shall be removed for the purpose of providing open views to or from structures on a site.

11.10.6.3 Irrigation Limits

The amount of irrigated area shall be minimized depending on the amount of existing natural vegetation on the site prior to construction and type of irrigation system(s) proposed to be used.

11.10.6.4 Revegetation Plan

All applicants for developments on land subject to Sensitive Lands regulations involving cut and fill and graded slopes shall submit a revegetation and landscaping plan for approval by the Land Use Authority. The plan shall depict the type, size, and location of any vegetation and trees being planted and illustrate how the site will be recontoured in such a fashion and with sufficient topsoil to ensure that revegetation is feasible. The plan shall also indicate a time frame for revegetation which is acceptable to the Town. Retaining walls shall be used to provide breaks in human-made steep slopes exceeding fifteen percent (15%) and to provide planting pockets.

11.10.6.5 Violation/Replacement Provision

Any applicant who violates the provisions of this subsection by removing trees or vegetation or exceeding the prescribed limit of disturbance shall replace two for one in number all trees/vegetation illegally removed. Size of trees planted in replacement of illegally removed trees must be approved by the Town.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024