The purposes of the sensitive lands overlay district (SL) are to:

   A.   Protect and preserve the sensitive land areas of the county, as defined by this chapter and this title.

   B.   Protect the health, welfare, and safety of all residents and minimize any risks to life and property.

   C.   Minimize the potential for demands on the fiscal resources of the county to mitigate and correct any risks to the health, welfare, and safety of the public, property owners, individuals, public infrastructure, facilities, and services, and private investment.

   D.   Preserve, as practical, the natural setting of the county to maintain and strengthen private property values, protect and enhance the county's economy, and protect the quality of life and amenities of existing and future residents.

   E.   Guide and require responsible land use and development for those lands identified to have development limitations due to natural sensitivities and constraints.

   F.   Require that all development and construction located on sensitive lands areas recognize the natural features and topography of the site, thereby reducing site impacts. (Ord. 12-12-04, 12-4-2012)

For the purposes of this chapter, and this title, the following lands are hereby determined and identified to be "sensitive lands", and subject to the requirements of this chapter and this title:

   A.   All areas identified to be subject to a 100-year flood event, including the boundaries of all natural drainageways and 100-year floodplains.

   B.   All areas of wetlands, as identified, or as may be identified by the U.S. army corps of engineers.

   C.   All areas where the increase or decrease in the elevation of the natural grade is equal to or greater than fifteen percent (15%) (15 feet of grade change for every 100 feet of horizontal run for a minimum distance of 100 feet).

   D.   Areas of known geologic hazard, as identified, or as may be identified by a state or federal agency with authority. (Ord. 12-12-04, 12-4-2012)

A sensitive lands determination, complying with this section, shall be required to accompany any land use application required by this title when:

   A.   The property, or any part thereof, that is the subject of the application, is identified as being located, wholly or in part, within a sensitive land area, as defined by section 10-20-2 of this chapter.

   B.   The BOCC, commission, or county planner/zoning administrator has information or knowledge that indicates the possibility that sensitive lands may exist. (Ord. 12-12-04, 12-4-2012)

When required by sections 10-20-2 and 10-20-3 of this chapter a sensitive lands determination shall comply with the following:

   A.   Be performed by qualified professionals with the necessary licensure, certification, or expertise required to identify and delineate all sensitive land areas occurring on the proposed development site.

   B.   Be based on an accurate survey of the subject property.

   C.   Include necessary text and map materials sufficient to clearly identify and delineate the following site features and conditions, as may be applicable to the site:

      1.   The area and boundaries of all areas subject to flooding, including the boundaries of all natural drainageways and 100-year floodplains, including a map identifying the base and 100-year floodplain elevations.

      2.   The area and boundaries of all wetlands, as identified by the U.S. army corps of engineers, or a wetlands delineator, as certified by the U.S. army corps of engineers.

      3.   A slope analysis, using a contour interval of five feet (5'), and clearly identifying all area(s) and boundaries where the increase or decrease in the elevation of the natural grade of the subject property is equal to, or greater than fifteen percent (15%) (15 feet of grade change for every 100 feet of horizontal run for a minimum distance of 100 feet).

      4.   Areas of known geologic hazard, as identified, or as identified by a state or federal agency with authority. (Ord. 12-12-04, 12-4-2012)

All approvals, licenses, and permits issued for any use and/or construction on any sensitive lands are required to recognize any requirements of the land use authority, as applicable. (Ord. 12-12-04, 12-4-2012)

In addition to the other requirements of the county's land use ordinances, the following information and materials are required when land use applications propose the location of a use or subdivision on any sensitive land area:

   A.   Site Plan: Ten (10) copies of a site plan or subdivision layout plan, drawn at a scale of one inch equals twenty feet (1" = 20'), or as required by the county planner/zoning administrator, prepared by a licensed engineer, plus ten (10) copies of an eleven inch by seventeen inch (11" x 17") reduced copy of the site plan identifying the following:

      1.   For use applications, the location and dimension of the property and all proposed uses and buildings, and existing buildings or other structures located on the property, and existing buildings and structures located within one hundred feet (100') of the property. Existing property lines and existing fence lines shall be shown. For subdivision applications, the location and dimension of the property and all proposed lots, roads, and other rights of way shall be shown. Existing property lines and existing fence lines shall be shown.

      2.   A description of all proposed uses and buildings, including the total site area and building square footage, by building.

      3.   The location and dimension of all sensitive land areas, as defined herein.

      4.   The proposed setbacks and exterior dimensions of all proposed buildings and structures.

      5.   The location of all roads adjacent to the site, or proposed to serve the site, and including a list of any permits required by the county or the Utah department of transportation, as applicable.

      6.   The location and dimension of all proposed ingress and egress points, off street parking, and loading areas, including the total number of parking and loading spaces.

      7.   All public and private rights of way and easements located on, or adjacent to the property, proposed to be continued, created, relocated, or abandoned shall be shown.

      8.   The location of all areas subject to the provisions of the Utah wildland-urban interface code.

   B.   Site Photographs: Photographs of the site looking out from the property in all directions and of the property from several different viewpoints.

   C.   Grading And Drainage Plan(s): A detailed grading and drainage plan shall be provided, prepared by a registered engineer or geologist, identifying the existing topography, and the proposed finished grade of the site, shown at a maximum contour interval of five feet (5'), or as required by the zoning administrator. All areas of excavation and fill, slopes of cut and fill, total cubic yards of excavation and fill, methods of concealment for each exposed cut and fill, and calculations identifying the limits and amount of disturbance for the total site shall be shown. This plan shall show the original drainage pattern (natural course) and proposed changes, if any. If any structures or culverts are involved, it will be necessary to include an estimate of peak flows for a 100-year storm event to establish drainage facility cross sections.

   D.   Erosion Control Plan(s): Information and plans identifying proposed temporary and permanent erosion control measures.

   E.   Construction Plans: A narrative identifying the phases of all construction, a construction schedule, and a list of all permits necessary for the proposed uses, as applicable. (Ord. 12-12-04, 12-4-2012)

The following requirements and standards are provided to promote, preserve, and enhance stream corridors and all areas subject to flooding and to protect private and public property from damage due to flooding. Unless modified by this section, all development standards of the zoning district in which the property is located shall apply.

   A.   Prohibited Activities: No person shall disturb, remove, fill, dredge, clear, destroy or alter any stream corridor, except as may be expressly allowed by a valid stream channel alteration permit, as issued by the state of Utah department of natural resources.

   B.   Required Setbacks: Setbacks for any building, structure or improvement located within or adjacent to a stream corridor shall comply with the more restrictive setback requirements of the zoning district or the requirements of the state of Utah department of natural resources.

   C.   Runoff Controls: All construction and development projects located adjacent to a stream corridor shall apply best management practices for both temporary and permanent runoff controls to minimize sediment and other contaminants, as may be required by a state or federal agency with jurisdiction.

   D.   Management Recommendations: The board of county commissioners or the planning commission may request recommendations from any state, or federal agencies, or other professionals, prior to deciding a land use application for any required approval, permit, or license. (Ord. 12-12-04, 12-4-2012)

The following requirements and standards are provided to promote, preserve, and enhance wetland areas and to protect them from potentially irreversible impacts. Unless modified by this section, all development standards of the zoning district in which the property is located shall apply.

   A.   Prohibited Activities: No person shall disturb, remove, fill, dredge, clear, destroy or alter any wetland, except as may be expressly allowed by a valid and necessary permit, as issued by the U.S. army corps of engineers.

   B.   Required Setbacks: Setbacks for any building, structure or improvement located within or adjacent to a wetland, as identified by the U.S. army corps of engineers, shall comply with the more restrictive setback requirements of the zoning district in which it is located, or the U.S. army corps of engineers, as applicable.

   C.   Runoff Controls: All construction and development projects located adjacent to a wetland shall apply best management practices for both temporary and permanent runoff controls to minimize sediment and other contaminants, as may be required by U.S. army corps of engineers.

   D.   Management Recommendations: The board of county commissioners or the planning commission may request recommendations from any state, or federal agencies, or other professionals, prior to deciding a land use application for any required approval, permit, or license. (Ord. 12-12-04, 12-4-2012)

The following requirements and standards are provided to achieve the purposes of this title, to avoid unnecessary excavation and grading, to preserve naturally occurring landscape features, and to protect the visual quality, character, and amenities of the county. Unless modified by this section, all development standards of the zoning district in which the property is located shall apply to all areas determined to have a slope equal to, or greater than, fifteen percent (15%) (15 feet of grade change for every 100 feet of horizontal run for a minimum distance of 100 feet).

   A.   Road Alignment: All road alignments shall parallel contours of the natural terrain, as practicable. Short sections of roadways that run perpendicular to contours should follow natural drainageways, where possible, and should be curved and contoured to minimize any adverse impact.

   B.   Maximum Road Grade: The maximum grade of any road located in areas determined to have a slope equal to, or greater than fifteen percent (15%), shall be eight percent (8%), provided all cut and fill slopes are minimized and revegetated, as required by the land use authority, with approval.

   C.   Maximum Limits Of Disturbance Area: The maximum area of any lot or parcel that may be disturbed shall be limited as determined by the average slope of the lot or parcel, as provided by table 10-20-1 of this section. The maximum limits of disturbance area shall be identified on each lot or parcel and shall include all graded, excavated, filled, or otherwise disturbed areas, the area occupied by the primary building, all accessory building areas, areas of hard surfacing, including driveways, walkways, patios, off street parking areas.

      TABLE 10-20-1

      MAXIMUM LOT OR PARCEL LIMITS OF DISTURBANCE

 

 

For the purposes of this chapter, the average slope of a lot or parcel shall be determined as follows:

   AS = 100(CI x CL)/A

 

 

   D.   Areas Of Cut And Fill Slope: All proposed areas of cut and fill shall meet the following requirements:

      1.   All cut and fill areas shall be minimized as much as practicable.

      2.   All cut and fill areas shall be located within, and included in the maximum limits of disturbance area for each lot.

      3.   All cut and fill areas shall be recontoured to the natural, varied contour of surrounding terrain.

      4.   All areas of cut and fill shall be temporarily planted or otherwise protected from erosion during the period of construction and shall be permanently planted or otherwise protected from erosion within thirty (30) days after the completion of all grading or excavation.

   E.   Management Recommendations: The board of county commissioners or the planning commission may request recommendations from any state or federal agencies, or other professionals, prior to deciding a land use application for any required approval, permit, or license. (Ord. 12-12-04, 12-4-2012)

The following requirements and standards are provided to protect the public health, welfare, and safety from naturally occurring geologic hazards. Unless modified by this section all development standards of the zoning district in which the property is located shall apply.

   A.   Management Recommendations: The board of county commissioners or the planning commission may request recommendations from a professional geologist or geotechnical engineer, or other professionals, prior to deciding an application for any required approval, permit, or license in any areas of known geologic hazard, as may be identified by a state or federal agency with authority. (Ord. 12-12-04, 12-4-2012)

All provisions of the building code, as adopted, and as applicable shall apply to all construction occurring on any sensitive lands, as defined herein. The building code, as adopted, is incorporated herein by this reference. (Ord. 12-12-04, 12-4-2012)

No provision of this title shall be interpreted to exempt any sensitive lands from the requirements of the county's road design and construction standards, except as may be modified by section 10-20-9 of this chapter. (Ord. 12-12-04, 12-4-2012)

If an applicant for any approval, permit, or license, required by this title, demonstrates that application of the requirements of this chapter would deny all reasonable use of the subject property, the board of county commissioners, following the receipt of a recommendation from the planning commission, may modify the application of these requirements to the extent necessary to provide a reasonable use of the subject property. (Ord. 12-12-04, 12-4-2012)