1. This Sensitive Lands Overlay Zone Chapter recognizes and provides protection for the unique sensitive lands features that are of major interest to the City.
2. Thus, the purposes of this Sensitive Lands Overlay Zone Chapter shall be to provide standards and guidelines for the protection of these natural resources and features for the City and the public. These purposes include, as examples, but are not limited to:
   1. Encourage development designed to reduce risks associated with natural hazards from storm water runoff and erosion by requiring drainage facilities and the minimal removal of vegetation.
   2. Minimize the threat and consequential damages of fire in hillside areas by establishing fire protection measures.
   3. Preserve natural features, wildlife habitat and open space.
   4. Preserve public access to mountain areas and natural drainage channels.
   5. Retain natural topographical features such as drainage channels, streams, ridgelines, rock outcroppings, vistas, trees and other natural plant formations.
   6. Preserve and enhance visual and environmental quality by the use of natural vegetation and prohibition of excessive excavation and terracing.
   7. Assure adequate transportation systems for sensitive areas to include consideration of the Midway City Transportation Master Plan. This system design will consider densities and topography with minimal cuts, fills or other visible scars.
   8. Establish on-site and off-site traffic facilities that ensure ingress and egress for vehicles (including emergency vehicles) into all developed areas at any time.
   9. Encourage a variety of development designs and concepts that are compatible with the natural terrain of sensitive areas and with the flexibility to enable developers to preserve open space and the natural landscape.
   10. Establish land use management criteria that will encourage protection of natural features while allowing a harmonious and high quality residential environment.
   11. Encourage location, design and development of building sites to provide maximum safety and human enjoyment while adapting the development to the best use of natural terrain.
   12. Encourage the use of creative design teams composed of professional landscape architects, engineers and others.
   13. Preserve the visual and aesthetic qualities of the foothills, including prominent ridgelines, which are vital to the attractiveness of foothill areas.
   14. Identify and protect environmentally sensitive areas of the City.
   15. Protect these areas from flooding, erosion, storm water damage or fire hazard.
   16. Protect the public safety and public costs thereof.
   17. Protect the scenic and natural character and views of these areas.
   18. Retain the natural topographic features and natural grade of these areas.
   19. Protect the flora and fauna and habitat of these areas.
   20. Encourage public access to these areas.
   21. Ensure that traffic and trail patterns are planned in accordance with these purposes.
   22. Encourage land use management and architectural criteria that encourage protection and enhancement of these natural features.
   23. Encourage clustering of developments, where appropriate.
   24. Encourage the preservation of large and contiguous areas of open space.
   25. Preserve the reasonable use of the lands to the owner or developer.

1. Bench Line Overlay Zone Map. A map provided by the City showing the general areas of benches in the City. To be used in conjunction with the Bench methodology.
2. Bench. An abrupt rise in the land of at least 20 feet in elevation across a distance of 100 feet or less (20 percent grade or more) in otherwise level or near level (5 percent grade or less) land.
3. Certified Agency. A public agency with regulatory oversight as delegated by applicable law or regulation.
4. Licensed Engineer. An engineer or firm licensed to practice in Utah or otherwise professionally recognized in a particular field of expertise.
5. City Engineer. An approved engineer acting as the Engineer for Midway City.
6. City Planning Staff. Those members of the City Staff with the professional experience and responsibility to review and enforce this Title.
7. Clustering. A development technique that grants density and concentrates buildings in specific areas on a site to allow the land in question to be used for recreation, common open space facilities, and preservation of environmentally sensitive areas (see also Planned Unit Developments).
8. Community Viewing Stations. Those selected public vantage points within and adjacent to the municipal boundaries from which computer and field observations are used to assess the visual significance of development on prominent land forms.
9. Critical Value Wildlife Habitat. Sensitive use areas necessary to sustain the existence of one or more species of "high interest wildlife" during critical periods of their life cycles. Examples of critical value habitats are: concentration areas for big game on winter ranges, important movement corridors, breeding and rearing complexes, developed wetlands, and riparian habitats critical to high interest wildlife. High interest wildlife are all game species, any economically important species, any species of special aesthetic, scientific or educational significance which may include all protected wildlife, or habitats for threatened or endangered species.
10. Development. Disturbance of the property for a structure, road, utility service, retaining wall, or any other improvement that is used to support human habitation or structures of any use.
11. Drainage Corridor. An above-ground water, gully or impression in the landscape that carries storm water runoff or spring water.
12. Environmental Hazards. Any hazard created by a condition of the environment such as fault line, liquefaction, flood danger, steep and/or unstable slope, etc.
13. Geologic Feature. A natural feature such as a geothermal pool, spring, mound, or other feature unique and indigenous to the area.
14. Grottos. Open areas or voids beneath pot rock or tufa, being open or closed, that form caverns or other open volumes, whether wet or dry.
15. High Water Line. The elevation of a drainage occurring because of “100-year storm” flows, or by a FEMA map, or by steep banks, either adjacent to or some distance from the river bed, which act to contain flood waters.
16. Hot or Warm Water Source. A source of groundwater where the temperature is warmer than normal groundwater, usually capable of depositing tufa mineral, typical of many Midway warm and hot springs.
17. Hot Pots. Mounds or features made by geothermal activity, consisting of tufa, locally and commonly known as Pot Rock.
18. Inflection Line. The line along either the top or toe of a bench area, where the most abrupt change of the slope begins and ends.
19. Major Hot Pots. Those at Mountain Spa, The Homestead, the Coleman Hot Spring Area, The Mound (400 North 200 West), and those active hot pots in the vicinity of Homestead Drive and Lime Canyon Road.
20. Minor Hot Pots. Smaller hot pots, whether wet or dry, as shown on the “2004 aerial photo and the 2000 Midway Irrigation Company 2-Foot Contour Map” greater than 3 feet in height.
21. Natural Grade. The grade of the land or property as defined by a combined study of the “2004 aerial photo and the 2000 Midway Irrigation Company Two-Foot Contour Map.” Natural grade shall conform to the Year 2000 elevations.
22. Normal High-Water Line. The water elevation of a drainage occurring because of an approximate two-year recurrence interval flows. The stream corridor also includes an area up to 60 feet beyond the high-water line of the riverbed.
23. Planned Unit or Cluster Development. A development approach allowed under the Zoning Ordinance Land Use Title and the General Plan in which dwelling units are clustered in order to maximize economy, infrastructure, and open space. For the purposes of this title, “Cluster Zoning” or “Clustering” shall mean the same as a “Planned Unit Development.”
24. Ridgeline/Skyline Overlay Zone Map. A map provided by the City showing the overlay zone and applicability of ridgeline/skyline ordinance in the City. To be used in conjunction with the ridgeline methodology, but secondary to the GIS analysis and final field inspection.
25. Ridgeline. The horizon between a land form and a visually higher land form to the rear, such as a hill in front of a mountain.
26. Sensitive Vegetation. Vegetation that may be subject to this Chapter, for example, due to its association with wetlands, hillsides, geologic features, mature trees or natural vegetation indigenous to Midway.
27. Sink Holes. Areas where the ground is collapsed due to geological or hydrological activity.
28. Skyline. The horizon between land and sky.
29. Skyline/Ridgeline Area. An area in which all or part of a permanent structure constructed thereon would be visible along the skyline or ridgeline - i.e., it would extend higher than the highest land form located either in front or behind the structure - when viewed from any one or more of the Community Viewing Stations.
30. Soils at Risk. Those soils that are unstable, collapsible, have shrink/swell characteristics or are part of an active fault zone as defined by geotechnical or other soils reports.
31. Stream Corridor/Waterway. A drainage that supports running water or a riparian habitat and is regulated by the Utah State Engineering Office, Division of Water Rights and/or the Army Corps of Engineers or is an area of potential water or flood flow, or as regulated by FEMA.
32. Traditional Subdivision Development. A residential development approach where lots are relatively uniform in size and dispersed consistently throughout the development and streets are generally laid out in a standard grid pattern.
33. Water source. A source of groundwater, such as a surface spring, subsurface spring or wetland.
34. Waterway. The area between the high-water mark on either bank.
35. Wetland. An area inundated or saturated by surface water or groundwater at a frequency and duration sufficient to maintain saturated conditions and to support a prevalence of vegetation. These may be either preexisting natural wetlands (e.g. marshes, swamps, bogs, etc.) or constructed wetland systems; also defined by certain species of plants and soil types. Further definitions are given in the wetland general provision.

1. Area. The Sensitive Lands Overlay Zone and Chapter, and every sensitive land concept incorporated therein, shall apply to the full incorporated limits of the City of Midway, and to any proposed annexation.
2. Scope. Though, not every one of the seven sections shall be fully applicable to all areas of the City, the intent is to ensure that a review of all seven sections of the Chapter is performed for all applications. Though not all may be found applicable, all must be reviewed. The Sensitive Lands Chapter will be applied to those areas throughout the corporate limits of Midway City that fit within the definitions of sensitive areas contained in this section, or as mapped and adopted by Midway City or other regulatory bodies having jurisdiction. Any development project or structure proposed or other land use which could affect the sensitive lands within the City shall be reviewed by City staff for compliance with this section at the initial stage of the application process. City staff shall have the authority to direct the applicant to prepare the needed documents and/or studies to show compliance with this Chapter before the appropriate approving person or body.
3. Applications Affected. This Chapter shall apply to all land use applications and to any level of development or improvement or other use with the potential to change the sensitive character of the land, including, but not limited to: small and standard subdivisions and PUDs, amendments to current small and standard subdivisions and PUDs, and to all other land use applications, including residential and commercial applications.
4. Annexations. Annexation petitioners must conduct a sensitive lands analysis of the full area being considered for annexation. Any findings of sensitive lands will be updated into the City maps and inventories herein described. This initial annexation inventory notwithstanding, future development applications within the annexation must also submit to a future sensitive lands analysis at the time of application for development.
5. Conflict. In the event of overlapping or conflicting requirements between this Sensitive Lands Chapter and other provisions or regulations under other sections of the City Municipal Code, the more restrictive provision shall apply.

For all types of sensitive lands governed by this Chapter, the following general method and outline shall be employed: Initial baseline information and a sensitive lands checklist shall be provided by the City, along with information available from other public review agencies, to the extent that they have been previously identified. These resource guidelines, however, are only minimum guidelines, and are not considered all inclusive. It is not expected that these initial inventories, maps or regulations will comprehensively define all of the possible sensitive lands’ considerations for the City. Individual applicant analysis and review are an integral part of the process of confirming the applicability of sensitive lands herein identified to each project, and to further define sensitive areas not heretofore identified, but which conform to the definitions, purpose and intent of this Chapter. Therefore, for every development proposal or annexation brought before the City, the owner, developer or proponent shall, as part of the application for Preliminary Approval, evaluate and return the sensitive lands analysis checklist, along with supporting data for each section of the checklist concerning its applicability to the property. This completed checklist is to facilitate a review of the sensitive lands by City Staff. The checklist is by no means comprehensive but is an initial guideline for the benefit of both the City and the applicant. Upon review, the City may require further and more comprehensive analysis of any of the sections. Analysis of each of the types of sensitive lands governed by this Chapter, and the applicable requirements contained herein, may be required to be conducted by professionally licensed engineers or the appropriate public review agency, or firms sanctioned by such agencies, at the expense of the owner or developer.

The following materials and resources may be available for reference by the applicant. These items are not exhaustive. The requirements of this Chapter apply to the types of sensitive lands described by this Chapter whether or not these materials specifically identify an applicant’s particular parcel of land. Under all circumstances, the applicant has the responsibility to identify all sensitive lands on property proposed for development, and to comply with the requirements imposed by this Chapter for each specified type of sensitive land, regardless of the identification or non-identification of the property by any official or unofficial map, chart, study or survey.

1. The 2004 Aerial Photo and the 2000 Midway Irrigation Company Two-Foot Contour Map showing natural grade.
2. Hillside and bench area percent slope delineation map: a guideline to actual GIS analysis of each proposal.
3. Ridgeline overlay map, along with view stations.
4. Bench areas location map: a guideline to actual GIS bench area analysis of each proposal.
5. Streams, waterways and ditches map of the 100-year flood plain.
6. Wetlands and other water resources map: a guideline to actual GIS analysis and extensive field inspection and Agency approval or denial of each proposal.
7. Spring and Well Protection Zone map identifying these locations and protection zones.
8. Geological and hydrological features map, delineating major features and marking minor features: a guideline to actual GIS analysis and extensive field inspection of each proposal.
9. Landslide areas map indicating the areas of known landslide hazard.

1. Slope Analysis and Natural Grade. Slope analysis and natural grade shall be as determined by the “2004 Aerial Photo and the 2000 Midway Irrigation Company Two-Foot Contour Map,” and the Percent Slope Delineation Map. “Natural grade” shall conform to the 2000 Midway Irrigation Company Two-Foot Contour Map. In areas of conflicting data or maps, the City Engineer shall be the authority advisor to the City.
2. Boundary Delineation. A sensitive hillside or slope area shall be delineated where any slope is 10 percent or greater.
3. Identification of Category of Use. Uses in the hillside areas shall be according to the following requirements:
   1. Residential land uses shall be allowed on areas up to 25 percent slope if the development meets all the requirements of this Section. Slopes greater than 25 percent shall not be used for sites for building pad entitlement, but may be included within a lot boundary, used as open space, and/or for density credit, as described in this Chapter.
   2. Commercial or office uses shall be allowed in areas with slopes of up to 12 percent.
   3. Light industrial uses shall be allowed in areas of the appropriate zoning district with slopes up to 8 percent.
   4. A geotechnical report is required for building on any slope over 10 percent.
4. Subdivisions. Allowable lot sizes, densities and credits, as a function of slope: Minimum lot sizes in the hillside and mountainside areas of the Sensitive Lands Overlay Zone shall be as indicated in Table 16.14.060-1, according to the corresponding slope. These densities shall apply to both subdivisions and individual parcels.
   
   Table 16.14.060-1
   
   

   Percent of slope	Acreage	Square footage
   Under 10%	As per zone requirement	As per zone requirement
   10-14%	1.00	43,560
   15-19%	5.00	217,800
   20-24%	10.00	435,600
   25% or greater	20.00 (see note*)	871,200

   *Note: A structure may not be built on a site of slope 25 percent or greater. However, land with slope 25 percent or greater is entitled to the density credit specified in the table, to be used elsewhere on the subject parcel, if possible, or on another parcel, as applicable. If a structure is proposed on a parcel containing slopes of 25 percent or greater, a suitable building pad with a slope less than 25 percent is required. The building pad must be able to be reached by a road or driveway meeting the standards contained elsewhere in this Chapter, and the building pad must have a home-and-garage footprint of at least 3,000 square feet, plus an average 30 feet extra border surrounding the home, with both the footprint and the border area being less than 25 percent in slope.
5. Planned Unit Developments. Allowable densities and credits, as a function of slope: PUDs in hillside and mountainside areas shall use the density requirements specified for their zones, except that the densities in those zones shall be modified to reflect the density shown in Table 16.14.060-2.
   
   Table 16.14.060-2
   
   

   Percent of slope	Density
   Under 10%	As per zone requirements
   10-14%	1.00 unit per acre
   15-19%	0.20 units per acre
   20-24%	0.10 units per acre
   25% or greater	0.05 units per acre (see note*)

   *Note: A structure may not be built on a site of slope 25 percent or greater. However, land with slope 25 percent or greater is entitled to the density credit specified in the table, to be used elsewhere on the subject parcel, if possible, or on another parcel, as applicable. If a structure is proposed on a parcel containing slopes of 25 percent or greater, a suitable building pad with a slope less than 25 percent is required. The building pad must be able to be reached by a road or driveway meeting the standards contained elsewhere in this Chapter, and the building pad must have a home-and-garage footprint of at least 3,000 square feet, plus an average 30 feet extra border surrounding the home, with both the footprint and the border area being less than 25 percent in slope.
6. Density Transfers. Owners and developers are encouraged not to build on slopes of 15 percent or greater. To this end, for slopes of 15 percent or greater, the applicant may ask the City to consider transfer of hillside entitlements to other areas of the development site or other areas in the City consistent with the zone in the area where the units are to be transferred or to transfer of development rights to receiving areas, or to retire the property from building development through the purchase of development rights if such a transfer policy is in effect for the City.
7. Grading, Terracing, Filling, Benching and Retaining Wall Considerations. The use of grading, filling, terracing or benching to either create or increase building lot size, numbers of pads to increase density, or to modify building height objectives, is prohibited. However, the practice of excavating to “nest” the basement and better preserve the natural grade is encouraged, so long as the material excavated from the cut is not used to alter the rest of the existing grade, except as noted in this section. This concept notwithstanding, reasonable fill may be used within 30 feet of the dwelling to provide for driveways, parking, yard and public safety access. Furthermore, if it can be demonstrated that minor grading will facilitate or accommodate the clustering of units and provide for the preservation of more open space or of the reduction of access road cut requirements, such grading shall be considered. Grading in hillside areas shall be in accordance with City standards. In order to preserve the sensitive lands throughout the City, grading and filling permits and pre-inspections shall be required throughout the entire City, regardless of slope.
8. Retaining Walls. Retaining walls are discouraged, and the use of blended natural contours is encouraged. However, if it can be demonstrated by the applicant to the satisfaction of City Staff that there is no other alternative, then a retaining wall may be constructed in order to reduce the impact of cut banks and fill slopes of more than 6 vertical feet. Such retaining walls must be made of natural stone and blend into the colors and contours of the hillside.
9. Allowable Streets, Driveways and Grade Crossings. The following restriction shall be placed upon the development of streets and driveways in a hillside sensitive area:
   1. Maximum Grades.
      1. All streets shall be constructed at a maximum of twelve percent grade. Streets in grade between 10 percent and 12 percent shall be no more than 250 feet in length and only upon written approval from both the City Engineer and Fire Marshal.
      2. Driveways to all residential dwellings shall be constructed at a maximum of 15 percent grade. However, driveways may be approved at a grade above 15 percent only if they receive written approval from the City Engineer.
   2. Criteria for Streets and Driveways Traversing Steep Slopes. All roads and driveways in hillside areas must receive full review and approval from City Staff. Sensitivity to the landforms, erosion, plant life, wildlife and view shed are key considerations. Streets, roads, private access roads, driveways, and other vehicular routes shall not be allowed to traverse slopes between 25 percent and 50 percent unless specifically authorized and approved by City Staff. Any drive so authorized shall meet the following criteria:
      1. No alternative location for access is feasible or available.
      2. No individual segment of the street, road, private access road, driveway or other vehicular route that will cross slopes between 25 percent and 50 percent shall exceed 100 feet in length or, if greater than 100 feet, 10 percent of the total length of the street, road, private access road, or other vehicular route.
      3. No significant adverse visual, environmental, or safety impacts will result from the crossing.
      4. Fifty percent slope crossings. Under no circumstances shall any street, road, private access road, driveway or other vehicular route cross slopes greater than 50 percent.
      5. Natural Contour. Streets, roads, private access roads, driveways and other vehicular routes shall follow the natural contour lines as much as possible. No street or road shall either traverse or follow a ridge or follow up a ridge line.
   3. Grading for streets, roads, private access roads, and other vehicular routes shall be limited to the roadway portion of the right-of-way, plus up to an additional 10 feet on either side of the roadway as needed, except that when developing access on slopes in excess of 25 percent, only the roadway portion of the right-of-way shall be graded, plus the minimum area required for any necessary curb, gutter, or sidewalk improvements. The remainder of the access right-of-way shall be left undisturbed to the maximum extent possible.
   4. Other Roads. Roads, other vehicle routes, or trails may be required to provide access or maintain existing access to adjacent lands for vehicle, pedestrians, emergency services, and essential service and maintenance equipment.
   5. Shared Driveways. Driveways in sensitive land hillside areas may be shared by no more than four residential dwelling units or by four or more principal nonresidential uses, provided such nonresidential uses together do not exceed a total of 25,000 square feet of gross floor area. Shared driveways are strongly encouraged in these areas.
   6. Restoration. All cuts, fills, berms, roadside grades or other disturbances created as a result of the road or driveway construction shall be protected from erosion and be restored to as natural a state as possible by restoration of natural vegetation.
10. Landslide Considerations. It is the intent of the City that no construction shall occur in areas susceptible to landslides, nor shall any construction or disturbance create an area more susceptible to erosion or landslides or that will destabilize a pre-existing landslide. Areas with potential for landslides may be identified on City maps. The applicant is responsible to search for, perform studies that will identify, and disclose any information that is available to identify areas of instability. For all areas identified on City materials as potential landslide areas, a slope stability analysis must be performed by a licensed geotechnical engineer before development is approved on those sites. The applicant and City Staff must then use this information to guide the development of the property.
11. Architectural Height, Color, Reflectivity, Lighting, and Fencing Guidelines (to apply to all slopes over 10 percent).
    1. Maximum Height of Buildings. Buildings in the hillside and mountainside areas shall be not more than 35 feet in height, as measured from the lowest flooring level which has an exterior entrance or a partially or fully exposed wall on the downhill side of the dwelling, and then as measured from that flooring level to the highest point of the roof, chimney or parapet, except when the ridgeline provisions of this section require a lower height unless permitted by other criteria specified in this Chapter.
    2. Color. All occupied and accessory structures and fencing shall be constructed and maintained so that the predominate exterior wall colors (including exposed basements) and roofing materials (a) repeat the predominant colors most commonly found in the land and vegetation surrounding the dwelling (earth tones) and (b) are materials and colors that are low gloss and of low and diffuse reflectivity. Reflective materials and bright colors or light colors that contrast dramatically with the land and vegetation shall not be used. An exception for solar panels will be considered.
    3. Architectural Review. The selections of materials, colors and lighting shall be reviewed and a written recommendation to the Planning Director shall be submitted by the City’s Vision Architectural Committee.
    4. Exterior Lighting. Floodlights shall not be used to light all or any portion of any primary or accessory structure facade. All outdoor light sources mounted on poles or buildings or trees to illuminate streets, sidewalks, walkways, patios, porches, parking lots or driveways or other outdoor areas shall use full cutoff fixtures. All such fixtures shall be installed or shielded so that the point light source or light bulb is not visible beyond the property boundary, and, in particular, is not observable as a point light source from the Community Viewing Stations, as defined in the ridgeline section of this chapter.
    (2010-15, Subsection Amended, eff. 6/16/2010)
12. Vegetation Preservation and Re-vegetation Guidelines. All disturbed slopes of greater than ten percent grade shall be re-vegetated with native plants and trees, and properly maintained.
13. Fire Protection. The following fire protection measures shall be taken when developments are placed in hillside areas:
    1. Each development site and building permit shall comply with current fire regulations.
    2. Spark arresters shall be installed in every fireplace constructed indoors or outdoors. Screen openings in such arresters shall not be in excess of 1/4-inch diameter.

1. Purpose and Intent. Within the corporate limits of the City of Midway there are many significant landforms, including hills and mountains with distinct ridgelines and benches, at higher elevations than the surrounding flat lands. These topographical features constitute a unique natural resource meriting protection and preservation. Construction of structures in locations on these landforms, which are visible from many areas of the City and County, degrades this natural heritage. The regulations adopted by this Section place restrictions on the siting of any development in visually significant areas. These regulations apply uniformly to all zoned development encompassing landforms with visually sensitive areas.
2. Ridgeline Area Definition Map. A map, based on the “2004 aerial photo and the 2000 Midway Irrigation Company Two Foot Contour Map” will be prepared by City Staff as a general guideline to the location of ridgeline areas. This map constitutes an official delineation of the areas subject to this Chapter. It is the responsibility of the owner or developer of the property to provide analysis, per the methodology below, to identify effects of potential development on ridgeline and bench areas.
3. Ridgeline Building Restrictions. Development Prohibited. No development, as defined in this Chapter, shall be allowed to be located either on or across any ridgeline or skyline, as viewed from any single Community Viewing Station. Anyone desiring to build a structure or any other form of development within a Ridgeline/Skyline protection area, as delineated on the official map, shall submit the proposed building to Planning Staff for approval using the following GIS and field analysis: The highest point of any building or structure, whether the building or structure is on the near or far side of the subject hill, including roof lines, chimneys, steeples, parapets, and so forth, shall not be higher than an imaginary line drawn from six feet off the ground at any single Community Viewing Station viewing platform point to the ridgeline/skyline behind or in front of the proposed structure. An initial prescreening analysis shall be performed by the applicant by suggested methods such as “topography line of sight” graphing from each viewing platform to the top of the proposed structure (using 2-foot or better resolution), through visual analysis from each viewing platform using raised balloons, laser analysis, GIS analysis, or any other method of pre-screening analysis found acceptable to the City Planner and Engineer in order to indicate that the proposed structure will not obviously breach the ridgeline. This initial analysis is for pre-screening purposes only, prior to submittal of official GIS analysis, and is performed so as not to create undue burden on the official GIS system. For those structures that do not obviously breach the ridgeline from any one of the viewing platforms on this pre-screening analysis, the proposal shall be submitted for final analysis to the official City GIS administrator for computer-generated finite element analysis. The results of this GIS finite element analysis must show that none of the proposed structures will violate the ridgeline ordinance from any of the viewing platforms. This analysis and result must be submitted as a condition of approval. All costs of analysis by the City shall be borne by the applicant.
4. Community Viewing Stations. Specific locations that are important to the City of Midway or the general public and are public locations that protect the views of the ridgelines and skylines for the benefit of the City and the public. Specifically, they are as follows:
   1. State Park Visitors Center
   2. Homestead Drive- Lime Canyon Road
   3. Homestead Drive- Kohler Lane
   4. 400 North- Pine Canyon Road
   5. 400 West- Main Street
   6. Town Square
   7. Burgi Lane- Interlaken Drive
   8. River Road- Dutch Fields
   9. River Road- 600 North
   10. 500 South- 250 West
   11. 500 South at Cemetery
   12. 960 South Center Street
   13. Center Street and Tate Lane
   14. Tate Lane and Stringtown Road
   15. Stringtown Road- 960 South
5. Single Station Policy. The Ridgeline/Skyline development restrictions shall apply when a ridgeline or skyline is visibly impeded from any single Community Viewing Station.
6. Bench Area Restrictions. A map shall be provided by the City showing the general areas of bench locations. A bench shall be defined as an abrupt rise in the land of at least 20 feet in elevation across a distance of 100 feet or less (20 percent grade or more) in otherwise level or near level land (5 percent grade or less). The 20-foot rise in elevation shall be measured from the bottom inflection to the top inflection of the slope. Structures along the top of the bench area, whether primary structures or secondary structures, shall be restricted in height as a function of their setback from the top inflection point of the bench. Single story dwellings shall be limited to 17 feet in height, at a setback of 40 feet from the inflection point. Two story structures shall be set back a distance of at least 80 feet and limited to 35 feet in height.

1. Intent. The intent of this Section is to protect the stream corridors, waterways, riparian areas and ditches of Midway.
2. Classifications. There shall be two classifications of drainages considered in Midway City. They are:
   1. Streams, Creeks and Rivers. These shall not be piped, covered, altered, moved or destroyed in any way, except by a City-approved roadway or driveway crossing. Irrigation ditches that do not follow the natural channel are not considered stream corridors unless the majority of the stream flow has been diverted from the natural channel to accommodate water flow and drainage.
   2. Washes, Drainages, and Irrigation Ditches. These types of waterways may be considered for piping if minimal impact and conveyance can be achieved as approved in writing by the City Engineer. Careful consideration for the use of irrigation ditches as historical or critical storm drain channels or as perennial wetland or water drainage channels, along with the historical nature and visual value of the open ditches, should be given priority when considering piping or closing of an irrigation ditch, along with appropriate drainage mitigation measures.
3. Boundary Delineations. All construction or development on a parcel or lot that includes any delineated flood zones as per FEMA Flood Insurance Rate Maps (FIRM) and any parcel or lot that includes area in any Midway City Floodplain Overlay Maps (MCFOM) must meet the requirements of the Flood Damage Prevention ordinance found in the Midway Municipal Code and meet the following requirements:
   1. Lots of Record and Previously Platted Lots. Any residential construction within 50 feet of a delineated flood zone shall have the lowest floor, including basements, elevated 18 inches above the base flood elevation as shown on the FIRM. The elevation must be certified by a licensed engineer or licensed surveyor and marked on site before the building inspector allows construction to commence.
   2. Small-Scale Subdivision. Lots may be approved within delineated boundaries of FIRM and MCFOM but the lowest floor of any residential construction, including basements, shall be elevated 18 inches above the base flood elevation as shown on the FIRM. The elevation must be certified by a licensed engineer or licensed surveyor and marked on site before the building inspector allows construction to commence. Substantial efforts must be made to create building envelopes that are 50 feet from any delineated flood zones, though the lots themselves may encroach in the flood area.
   3. Large-Scale Subdivisions. Lots may be approved within delineated boundaries of the FIRM and the MCFOM but building envelopes are required for all large-scale subdivisions and must be set back 50 feet from any flood zones to assure no residential buildings are constructed within 50 feet of any flood zones.
   4. PUDs. All building footprints in a PUD shall have a 50-foot setback from any delineated flood zones.
   (2010-11, Subsection Replaced, eff. 5/26/2010)
4. Stream and Waterway Building Restriction. Building within the above described boundary delimitations shall be prohibited.
5. Applicable Agencies. Written approval may be required from the following agencies, other than Midway City, for any proposed plan:
   1. U.S. Army Corps of Engineers.
   2. Utah State Engineers Office, Division of Water Rights.
   3. U.S. Environmental Protection Agency (EPA).
6. Density. The stream, waterway, and ditch areas regulated by this Chapter shall receive a density credit of one unit per ten acres, to be applied to areas of unfilled but allowable densities located elsewhere within the project, or to future Transfer of Development Rights receiving areas, or retired through Purchase of Development Rights policies, if such policies are in effect in Midway City.
7. Grading. No grading shall be done within the stream corridor that will disturb the natural vegetation or natural terrain of the area.
8. Streets and Bridges.
   1. Streets. No streets or roads shall encroach upon the stream bank as defined in this Section or as determined by the applicable agencies.
   2. Crossings. The construction of crossings over a stream corridor and within the stream setback area is permitted, provided such crossings are planned and constructed so as to minimize impacts on the stream corridor to the maximum extent possible. Bridges shall be constructed where they reach from the top of the bank to the top of the bank on the other side of the waterway, as approved in writing by the City Engineer. Natural rock bottoms may be required where it is found that the velocity of water flow would cause erosion of surrounding banks.
9. Filling or Dredging of Waterways. Filling or dredging of watercourses, stream or creek beds, rivers, washes, drainages, swells, wetlands, gullies, or other storm water runoff channels is prohibited unless written approval is received by all applicable agencies listed in this Chapter, and the City Engineer.

1. Purpose and Intent. The following requirements and standards have been developed to promote, preserve, and enhance wetlands and to protect them from adverse effects and potentially irreversible impacts. Public access to or trail rights-of-way through wetland areas is highly encouraged.
2. Boundary Delineation. Unless previously delineated by Midway City or Wasatch County, boundaries for wetlands shall be delineated according to the following provisions: Boundary delineation for wetlands shall be established using the current version of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. No development or disturbance of any kind shall occur in areas of delineated wetlands and within a 25-foot buffer surrounding these areas. The following agencies, in addition to the staff of Midway City, may review and approve in writing any proposed plan, if needed: (1) U.S. Army Corps of Engineers (2) U.S. Environmental Protection Agency.
3. Density. Wetland areas and their buffer zones shall receive density credit for clustering purposes at the rate of one unit per ten acres, to be applied to areas of unfilled but allowable densities, located elsewhere within the project, to future Transfer of Development Rights receiving areas, or retired through Purchase of Development Rights policies, if such policies are in effect in Midway City.
4. Grading. No surface grading shall be done that will impact any wetland areas. Also, no surface grading shall be done within 25 feet of any wetland area unless necessary and approved in writing by the City Engineer.
5. Disturbance of Wetlands. No activity will be permitted which will disturb, fill, dredge, clear, destroy or alter any area, including water, soils and vegetation, within wetlands and their setbacks as set forth in this Section, except where approved in writing by the City, the U.S. Army Corp of Engineers and/or the U.S. Environmental Protection Agency.

1. Policy. Midway City will cooperate to protect areas within the Source Protection Area of a public drinking water source, as defined on the Midway City Spring and Well Protection Zone Map, or as such zones are defined by the Utah State Division of Drinking Water, from concentrated sources of pollution.
2. Procedure. All development affecting properties within these areas must be reviewed by the Wasatch County Health Department, City Engineer, and the Midway City Public Works Department, and also may be reviewed by others who have a property interest in the water source. The applicant shall prepare a request considering this information and other material relevant to the use of property within Source Protection Areas. The above entities will coordinate with the Planning Staff in all reviews and any approval of the request.

The following requirements shall apply throughout the City:

1. Existing Trees and Vegetation. Every effort to save all full-size existing trees on a property proposed for development shall be made by the developer. Existing trees shall not be cut unless absolutely required for placement of structures or infrastructure or for public safety purposes. All existing trees, regardless of species, over five inches in diameter at breast height (DBH) in caliper, along with tree types and tree locations, shall be shown and submitted to Planning Staff along with the landscape planting plan. In areas determined by the Fire Marshal to be highly susceptible to fire hazards, vegetation up to 30 feet from the perimeter of a structure shall be selectively pruned and thinned, but not clear cut, for fire protection purposes.
2. Replacement of Significant Trees. When trees of more than 5 inches in caliper are removed, the applicant or developer shall replace such trees. Replacement trees shall be maintained and guaranteed for a period of three years except for residential lots, where the period shall be one year. All replacement trees shall be selected by a licensed landscape architect. Trees shall be replaced according to the following schedule:
   1. Deciduous trees removed: Replace with two trees with a minimum of two-inch caliper.
   2. Coniferous tree removed: Replace with two trees with a minimum height of 5 feet.
   3. Gamble oak (scrub oak): Due to the scenic quality and slow growing nature of this species, gamble oak trees shall only be selectively and minimally removed as required for a building pad and associated reasonable-sized yards, streets and driveways, or selective strategic removal to provide views. No additional clearing for yard or land use purposes shall be allowed, except as in section (A) above, per Fire Marshal written recommendations.

1. Intent and Purpose. The most singular and unique sensitive natural resource to Midway is its ancient heritage of geothermal activity, marked by the presence of many unique geological and geothermal features, both surface and subsurface. It is also important to note that many of these subsurface water features may or may not be interconnected. These geothermal features may be defined as:
   1. Major hot pots, such as the Mountain Spa pot, the 400 North 200 West hill (the “Mound”), the Homestead, and the Coleman Hot Springs area.
   2. Minor hot pots or mounds of tufa (pot rock), whether wet or dry, as identified on the 2004 Aerial Photo and 2000 Midway Irrigation Company Two-Foot Contour Map, or as otherwise identified at the time of application.
   3. Hot or warm water sources, identified by water that deposits tufa.
   4. Grotto or other underground hollow features.
   5. Unstable, collapsible, shrink/swell or sinkhole soils or features.
   6. Fault zones.
   7. Landslide zones.
2. Protection.
   1. Major Hot Pots. The geographical extent of a major hot pot is identified and delineated by slope, inflection, rock type, vegetation, or warm water. These larger hot pots shall not be developed or disturbed.
   2. Minor hot pots or mounds of tufa, whether wet or dry, as identified on the 2004 Aerial Photo and 2000 Midway Irrigation Company Two-Foot Contour Map, or as otherwise identified at the time of application, shall be fully protected if over three feet in height or if they are otherwise visually significant.
   3. Hot or warm water sources, identified by water that deposits tufa, shall be protected in the same manner as wetlands and waterways.
   4. Grotto or Other Underground Hollow Features. Any area of extensive tufa/pot rock at or near the surface, or areas that exhibit mounds of tufa of any size, must be inventoried for the presence of underground hollow areas such as grottos or capped domes. This regulation is not only for the protection of Midway’s subterranean water resources, but also for the protection of the landowner or developer. Such studies must be performed by licensed geological engineers, using techniques standard to the inspection of subsurface rock formations and strata, such as ground-penetrating radar (GPR), electrical resistively techniques, high resolution gravimetric studies, near-surface seismic studies, or other techniques standard to the geotechnical community.
   5. Soils at Risk. Areas of unstable, collapsible, shrink/swell or sinkhole soils shall be left undisturbed.
   6. Fault zones, as identified by the Utah Geological Survey, must be considered as a part of any site development process.
   7. Areas subject to landslides, as designated on the official map, are not suitable for development, but may be counted as part of otherwise buildable lots and given density credit.
3. No person shall disturb the natural flow or hydrostatic pressure associated with geothermal or geohydrological features because of the potential for irreversible disruption of historical water flows and water rights that may occur.

1. Purpose and Policy. It is the policy of Midway City to provide for wildlife and wildlife habitat within the City limits to the extent that is practical and prudent. It is the intention of Midway City to administer this policy based on three principles: 1) The initiative and desires of individual City residents and landowners acting on the principle of informed consent; 2) A recognition that wildlife and wildlife habitat (open space) are in general highly valued amenities contributing to a high quality of life within the City and to property values within the City; and 3) An intention to provide incentives to the owners and developers of lands within the City that provide wildlife habitat, buffers and corridors.
2. Standards. All development and developments subject to this Chapter, to the maximum extent possible, shall incorporate the following principles and procedures when locating site elements in relation to wildlife habitat:
   1. Applicable Areas. This policy shall apply to all Critical Habitat Areas as defined by the City map based on information from the Utah Division of Wildlife Resources and the Utah Sensitive Species List and other creditable and documented sources. Critical Areas may also include other areas of important or critical habitat as determined by on-the-ground survey(s) conducted by the City wildlife biologist(s) and verified by a written report submitted to Planning Staff.
   2. Maintenance of Buffers. Buffers shall be maintained between areas dominated by human activities and core areas of wildlife habitat by relegating intense human activities such as automobile and pedestrian traffic to areas more distant from core habitat areas. The appropriate type and character of the buffer for a particular project shall be determined by the biological review process described in this Section.
   3. Facilitation of Wildlife Movement. Development shall facilitate wildlife movement across areas dominated by human activities by:
      1. Maintaining connections between open space parcels on adjoining parcels of land.
      2. Minimizing fencing that unduly inhibits the movement of wildlife species.
      3. Minimizing abrupt breaks in habitat between areas dominated by human activities, including individual lots, roads, etc. and less disturbed terrain in surrounding areas (for example, by retaining or establishing native vegetation).
   4. Control of Domestic Pets. Residents and visitors to the City are responsible to maintain control of domestic pets and to prevent pets from molesting wildlife within the City.
3. Notice of Wildlife Policy. Notice shall be included on development plats and in development agreements and covenants, conditions and restrictions (CC&Rs), as appropriate, of the City’s wildlife policy and the requirements thereof.
4. Procedures. The following procedures shall apply when applications are made in or adjacent to critical or important wildlife habitats:
   1. Biological Review. Site development applications are subject to biological review and recommendations. Based on the standards contained in this section, the Planning Department shall make a determination as to whether a biological review is necessary for a given application. Review shall be performed by a qualified wildlife biologist retained by the City. The cost of the review and report shall be borne by the applicant. If applicants desire, they may also retain their own qualified biologist separately to prepare an additional report, which shall be provided to the Planning Department. Planning Staff shall consider and decide any disputes contained in different reviews submitted in applying the standards contained in this Chapter.
   2. Special Considerations for Wildlife. Planning Staff shall follow the Purpose and Policy which introduces this Section to the extent possible and shall give special consideration to important wildlife habitats as identified on the City map and overlays and to habitats identified during a biological review to be of unique or critical value.
   3. Denial Based on Significant Adverse Impacts. The City Staff may deny a development proposal if it finds that the proposed development will have significant adverse impacts on critical wildlife habitat for recognized endangered species that cannot be adequately mitigated.
   4. Definition of Significant Adverse Impact. For the purposes of this Chapter, “significant adverse impact” shall mean the elimination, reduction, and/or fragmentation of wildlife habitat to the point that the viability of an individual species and the diversity of wildlife species occurring within the boundaries of Midway City are reduced.

Determinations as to compliance with the procedures and regulations of the sensitive lands provisions of this Chapter shall be determined by Planning Staff as part of the consideration of preliminary approval of a development application. Planning Staff may impose conditions pursuant to which preliminary approval is granted in order to uphold and enforce the provisions of this Chapter.

Appeal of determinations made by the City Council pursuant to this Section shall be governed by the Appeal Authority, as outlined in Title 16. Variances to the requirements of this Section shall be governed by Utah law and by appeal and decision of the Midway Board of Adjustment, also as outlined in this Title.