Morgan City Zoning Code

CHAPTER 10

22 SENSITIVE LANDS DISTRICT

10.22.010 PURPOSE

The city deems it important to the peace, health, safety, and welfare of the inhabitants of Morgan City that the steep slopes and hillsides (areas above a 15 percent slope extending beyond 100 linear feet and areas within the FEMA designated 100-year floodplain (or greater) or any natural drainage channels leading to the valley) of the city be protected to ensure that urban development in these sensitive areas be guided in a manner that will minimize the potential for flooding, erosion, and other environmental hazards and will protect the natural scenic beauty of the foothills and floodplain.
It shall be the responsibility of the developing or building entity to employ the licensed and certified professionals within the respective fields to fulfill the requirements herein.
The objectives to be achieved by the use of the sensitive lands district shall include, but not be limited to, the following:
1. A minimum amount of grading and earthwork.
2. Retention of trees and other native vegetation, which stabilizes steep hillsides, retains moisture, prevents erosion and enhances the beauty of the natural landscape. Some consideration will be given to removing vegetation where high fire hazards may result.
3. Design and construction of roads, where necessary, in such a way as to minimize scars from cuts and fills and to avoid permanent scarring of hillsides. Design of roads so as to make them easily accessible to fire protection, snow removal, and emergency vehicles. All rights of way shall not exceed fifteen percent (15%) slope and conform to city engineering standards.
4. Placement of building sites in such a manner as to permit ample room for adequate landscaping, surface drainage, parking between and around the buildings, and utility serviceability.
5. Grading which will eliminate sharp angles at the top and at the toe of cut and fill slopes, both with respect to building sites and to road cross sections.
6. Street rights of way and grades, lot layouts and structure designs which will aid the objective of reducing excavation and natural topographic disturbance. (Ord. 05-15, 8-9-2005)
7. Low density development, cluster type development, or similar concepts that will minimize as far as possible construction on steep or dangerous terrain. No development shall be allowed on slopes exceeding thirty percent (30%), nor be allowed as area calculated for zoning requirements. (Ord. 05-15, 8-9-2005; amd. Ord. 06-03, 3-28-2006)
8. Early temporary or permanent planting, or both, wherever appropriate to maintain necessary cut and fill slopes, stabilizing them by plant roots and concealing the raw soil from view.
9. The preservation of natural features, wildlife habitat and open space.
10. Regard for the view of the hillside as well as the view from the hillsides. Rooflines shall not be higher than any ridgeline.
11. Material use in construction of any nature shall be harmonious to the natural condition of the area. (Ord. 05-15, 8-9-2005)

10.22.020 SCOPE AND APPLICATION

The regulations contained in this chapter shall apply to all lands in the city of Morgan that lie within the area designated as slopes, natural drainage channels and FEMA 100-year floodplain (or greater) as outlined in the purpose of this chapter. (Ord. 05-15, 8-9-2005)
This chapter makes additional provisions to those provided in the Morgan City grouped dwelling and subdivision ordinance (hereinafter "subdivisions") and in other sections of this code. In the event of conflict, the more restrictive provisions shall apply.
The provisions of this chapter shall have no application to subdivisions or other development projects, or individual lots within such developments, that have been granted preliminary approval prior to the effective date hereof, provided that the same shall be developed according to the plan upon which such approval applies within one year of the date of approval. (Ord. 05-15, 8-9-2005; amd. Ord. 06-03, 3-28-2006)

10.22.030 REVIEW AND APPROVAL PROCEDURE

Subdivisions: Proposals for subdivision development within the sensitive lands district shall comply with all provisions regarding the same as set forth in the Morgan City subdivision ordinance and all additional requirements set forth herein. All concept plans, preliminary plats and final plats for any proposed subdivision development within the district may be approved by the city council after recommendation of the planning commission and city engineer.
Conceptual Approval: In addition to the requirements set forth in the Morgan City subdivision ordinance proposals for concept approval of a subdivision within the sensitive lands district shall include the following:
1. Location of the subdivision, with identification of abutting streets, a legal description, and outlined in red on a current county recorder's plat. (Ord. 05-15, 8-9-2005; amd. Ord. 06-03, 3-28-2006)
2. A slope district map reflecting existing slope conditions prior to development at a scale no greater than one inch equals one hundred feet (1" = 100') and an estimate of the average slope of the proposed development.
3. A topographic contour map, tied to a land base survey, delineating areas within the development site with slopes of less than ten percent (10%), areas between ten percent (10%) and twenty percent (20%), areas between twenty one percent (21%) and thirty percent (30%), and areas greater than thirty percent (30%), shall be designated with topographic contours at two foot (2') intervals.
4. The total acreage, number of lots and proposed total density and slope district density for residential developments.
5. The location and approximate size of the proposed lots.
6. A general street location, width, and grade of all proposed streets and radius of any cul-de-sac or other acceptable turnaround designs such as hammerhead designs.
7. Location of existing or proposed schools, churches, or parks.
8. Location of known hazards (i.e., faults, drainage, rockfall, landslide, slump, etc.).
9. Soil type and general description of soil types to a depth of ten feet (10').
10. Land use data (i.e., the amount of residential land, transportation land, etc.), by acreage and percent.
11. Existing vegetation type map. (Ord. 05-15, 8-9-2005)
Preliminary Approval: In addition to the information as required for preliminary approval under the Morgan City subdivision ordinance, proposals for preliminary approval of a subdivision application in the sensitive lands district shall include the requirements and reports set forth in this chapter. All reports submitted herein, shall be prepared by persons or firms either licensed to practice their specialty or expertise in the state of Utah, if such license for practice is required, or by one having demonstrable expertise in such fields of practice if such license is not required. (Ord. 05-15, 8-9-2005; amd. Ord. 06-03, 3-28-2006)
1. Soil Characteristics Report: This report shall contain data regarding the nature, distribution, and strength of soils within the project area to a depth of ten feet (10'); the soil report shall include:
  1. Unified classification of all soils with an estimate of susceptibility to erosion, location of clays, liquid limit, shrink-swell potential, and general suitability for development shall be defined.
  2. Estimate of the normal highest elevation of the seasonal high water table.
  3. Flood history and potential; proximity to known floodplain areas and drainage channels.
  4. Topographic contours.
  5. Liquefaction.
  6. Test holes shall be at or as near as possible to the four (4) corners of the proposed buildings. Additional test holes may be required by the city's inspector or engineer before the building permit is issued.
  7. All testing will be done by independent contractors, qualified to perform such services, hired by the owner or developer.
2. Vegetation Report: This report shall include slope stabilization and vegetation report which shall include:
  1. Location and identification of existing vegetation.
  2. The vegetation to be removed and the method of disposal.
  3. The vegetation to be planted.
  4. Slope stabilization measures to be installed including, but not limited to, erosion control blankets.
  5. Analysis of the environmental effects of such operations including effects on slope stability, soil erosion, water quality, fish and wildlife, and fire hazard.
  6. Topsoil stockpile areas will be designated.
  7. Solar orientation is recommended for review.
  8. All testing will be done by independent contractors, qualified to perform such services, hired by the owner or developer.
3. Geologic Conditions Report: This report shall include the following information:
  1. Definition of any zones of deformation with respect to active faults and other mass movements of soil and rock.
  2. Identification of anomalies of the terrain or characteristics of the geological materials which would have any potential impact upon the use of the site.
  3. Determination of ground water characteristics.
  4. Depth to bedrock and geological evaluation to a minimum of ten feet (10').
  5. Written recommendations for construction of proposed improvements to avoid impact of any potential geological hazards.
  6. Written recommendations for construction and development of the structures proposed within the development.
  7. All testing will be done by independent contractors, qualified to perform such services, hired by the owner or developer.
4. Grading And Drainage Report: The application for preliminary approval shall include a storm water management, erosion and grading plan describing the methods by which surface water, natural drainages, flooding, erosion and sedimentation loss will be controlled during and after construction. The plan shall include the following information:
  1. Grading Plan: The grading plan shall show present topography to include elevations, lines and grades including the location and depth of all proposed fills and cuts of the finished earth surfaces using a contour interval of five feet (5') or less. Access or haul road location, treatment and maintenance requirements shall be included.
  2. Scale: An appropriate scale shall be used which most clearly presents the proposed action, generally one inch equals one hundred feet (1" = 100') or larger.
  3. Cleared Area: The proposed area to be graded shall be clearly delineated on the plan and the area amount stated in square feet. No clearing is allowed before all approvals are granted.
  4. Calculations And Details: All calculations and proposed details used for design and construction of debris basins, impoundments, diversions, dikes, waterways, drains, culverts and any other water management or soil erosion control measures shall be shown. Calculations shall employ predictions of soil loss sheet erosion using the universal soil loss equation or appropriate equivalent. Equations should include factors of:
    1. Rainfall intensity and energy.
    2. Soil erodibility.
    3. Land slope and length of slope or topography.
    4. Condition of the soil surface and land management practices in use.
    5. Surface cover; grass, woodland, crops, pavements.
    6. Methods intended to be employed to control increased erosion during construction phase.
    7. All testing will be done by independent contractors, qualified to perform such services, hired by the owner or developer.
Final Approval: To ensure proper development of subdivisions and other developments within the sensitive lands district, final approval shall be required by the planning commission and city council. The application for final approval shall include the information required in the Morgan City subdivision ordinances and any other requirements imposed by the planning commission or city council. Application for final approval shall include, along with improvement drawings, spot elevations on all lot corners or contour grading plans of all lot frontages. The planning commission or city council may require the staking of lots to ensure compliance with development standards.
Single-Family Dwellings And Accessory Buildings: Proposals for approval of single-family dwellings or accessory buildings upon a lot or parcel within the sensitive lands district shall be required to file a plot plan and lot cross section drawn to a scale of at least one inch equals ten feet (1" = 10') which plot plan shall show lot lines, existing and proposed contours at two foot (2') intervals, location of proposed dwelling unit, walks, driveways, patio areas, and vegetative, drainage, and erosion controls. Plot plans shall be reviewed and approved by the city engineer, inspector, and the planner/zoning administrator. Additional reports as set forth herein may be required by the engineer, inspector, or zoning administrator and reviewed by the city planning commission and/or city council for approval when deemed appropriate by the zoning administrator.
Approval Condition: No grading, site clearing, construction, or development shall be conducted within the sensitive lands district and no building permit shall be issued until final plat approval has been granted by the city council for subdivision or other development or until final plot plan approval has been granted by the inspector for a single-family dwelling unit on a parcel or lot within the sensitive lands district. The approved plot plan for single-family unit on a parcel or lot shall be attached to the building permit for the same. (Ord. 05-15, 8-9-2005)

10.22.040 DEVELOPMENT REQUIREMENTS

Requirements For All Lots: Every lot shall have at least five thousand (5,000) square feet of contiguous space which has a slope of less than thirty percent (30%). This space may be no less than fifty feet (50') wide at any given point. This buildable area must be undisturbed or virgin slope. Certain limited hillside areas may be considered as either natural or manmade "anomalies" such as gravel pit operations or other artificial disturbances based upon size, location, and history of slope, and may be included within the "buildable area" as may be recommended by the planning commission. Lots shall allow dwelling structures to be located within two hundred fifty feet (250') of a public street. All main and accessory buildings shall be built on the buildable area.
Density For Single-Family Lots: The minimum lot size and yard requirements in the sensitive lands district shall apply except that on lots in slope areas between ten percent (10%) and twenty percent (20%), the lot shall be 1.5 times the minimum requirement and 2.0 times the minimum area requirement for lots between twenty percent (20%) and thirty percent (30%). All lots in slope areas more than ten percent (10%) must be platted a minimum of one hundred feet (100') wide at the setback line.
Lot Density For Grouped Dwellings: The density limitations for the sensitive lands district shall apply except where, under a conditional use permit, the planning commission determines that additional buildable area, lot size, yard requirements or other condition is needed. All buildings shall be built on the buildable area. All dwelling units shall be built within two hundred fifty feet (250') of a public street, or private street that has been approved by the planning commission. Dwellings and accessory structures may not occupy more than forty percent (40%) of the lot area in any zone within the sensitive lands district.
Maximum Impervious Material Coverage: The maximum allowable coverage of a lot by impervious material shall be forty percent (40%) of the total lot area, or five thousand (5,000) square feet, whichever is less.
Front Yard Setback: The minimum front yard setback in the sensitive lands district may be reduced to not less than twenty feet (20'), provided the average slope of the lot exceeds twenty percent (20%) as recommended by the city engineer. (Ord. 05-15, 8-9-2005)

10.22.050 DEVELOPMENT STANDARDS

Scope: It is intended by this section that the development standards and provisions, as set forth herein, shall be required in connection with all building and construction in the Morgan sensitive lands district.
Drainage And Erosion: The area of the watershed shall be used to determine the amount of storm water runoff generated before and after construction.
1. The "rational method" or other storm water computation method as approved by the city engineer shall be used in computing runoff. The basic formula for the "rational method" is:
  
  Q =CIA in which:
  Q =Runoff in cubic feet per second (cfs)
  C =Coefficient of runoff or the portion of storm water that runs off a given area.
  
  The following are typical examples of land use ranges for C value. The actual C value used shall be approved by the city engineer.
  
  Type Of Development Runoff Coefficient
  Industrial and commercial 0.80 - 0.90
  Residential 0.30 - 0.40
  Parks 0.15 - 0.25
  Agricultural 0.10 - 0.20
  I =Average rainfall intensity during time of concentration for 10-year return period in inches per hour. The "time of concentration" shall be defined as the time required for water to flow from the most remote point of the section under consideration.
  
  A =Drainage area in acres.
2. Maps of the development site at the scale of one inch equals two hundred feet (1" = 200') shall be provided by the developer to the city engineer defining the boundaries of any 100-year floodplain, and the limits of the watershed.
3. Lots shall be arranged so as to ensure adequate setbacks from drainage channels. The 100-year storm shall be that basis for calculating setbacks.
4. Facilities for the collection of storm water runoff shall be required to be constructed on development sites and according to the following requirements:
  1. Such facilities shall be the first improvements or facilities constructed on the development site.
  2. Such facilities shall be designed so as to detain safely and adequately the maximum expected storm water runoff for a 10-year storm, not to exceed two tenths of one percent (0.2%) cubic feet per second per acre or at a flow rate higher than the flow rate before construction, whichever is less, on the development site, for a sufficient length of time so as to prevent flooding and erosion during storm water runoff flow periods.
  3. Such facilities shall be so designed as to divert surface water away from cut faces of sloping surfaces of a fill.
  4. The existing natural drainage system will be utilized to the extent possible in its unimproved state.
  5. Where drainage channels are required, wide shallow swales lined with appropriate vegetation, erosion blankets shall be used instead of cutting narrow, deep drainage ditches.
  6. Flow retarding devices, such as detention ponds and recharge berms, shall be used where practical to minimize increases in runoff volume and peak flow rate due to development. Areas which have shallow or perched ground water or areas that are unstable must be given additional consideration.
5. Construction on the development site shall be of a nature that will minimize the disturbance of vegetation cover.
6. Erosion control measures on the development site shall be required to minimize the increased solids loading in runoff from such areas. The detailed design system to control storm water erosion during and after construction shall be contained in the grading and drainage report described in MCC 10.22.030C4.
Grading, Cuts, Fills, Vegetation And Revegetation:
1. The developer/builder is responsible for interim stabilization of all disturbed areas during the period of construction to prevent erosion off site effects, and for final stabilization once construction is completed.
2. Exposed unstable surfaces of an excavation or fill shall not be steeper than one vertical to two horizontal (1:2), unless stabilized by approved means.
3. All fill slopes shall be located so that settlements, slidings, or erosions shall not damage or cover streets, curb, gutter, sidewalks, or buildings.
4. All fill and degrees of compaction shall comply with the standards of the uniform building code then in effect.
5. The top and bottom edges of slopes caused by an excavation or fill up to ten (10) vertical feet shall be at three (3) horizontal feet from any public right of way line.
6. The maximum vertical height of all cuts or fills shall be ten feet (10'). Fills for slumps or other natural depressions may exceed ten feet (10') with planning commission approval.
7. All structures except retaining walls or soil stabilization improvements shall have a setback from the crest of the fill or base of the cut of a minimum distance equal to the depth of the fill or the height of the cut, unless a structurally sound retaining wall is built for the cut or fill slope. Retaining walls may be a part of the dwelling unit.
  
  Retaining walls shall be used to retain existing slope or graded slope as may be approved by the city engineer. The height of necessary and approved retaining walls shall be a maximum of eight feet (8'). Extensive "rear yard" retaining walls built for the purpose of leveling a yard by backfilling, are expressly prohibited.
8. All areas of development sites cleared of natural vegetation in the course of construction of off site improvements shall be replanted with vegetation which has good erosion control characteristics.
9. New plantings shall be protected with mulch material and fertilized when in conjunction with planting and watering schedule.
10. Persons or firms having expertise in the practice of revegetation (i.e., licensed landscape architects or nurserymen) shall supervise the planning and installation of revegetation cover for the total development site.
11. Vegetation shall be removed only when absolutely necessary, e.g., for the construction of buildings, roads and filled areas, as approved by the city engineer.
12. Where permanent roads or roadbeds are to be used during construction and storm water inlets have already been installed, they shall be protected to prevent sediment laden water from entering the storm sewer system.
Geology:
1. Structures may not be built within a minimum of fifty feet (50') of a centerline of a zone of deformation with respect to known active faults. The "zone of deformation" is defined as area of variable width adjacent to a fault where it is determined that ground rupture is likely to occur. A greater setback may be required by the city where deemed necessary to protect public health and safety. Off site improvement design will be reviewed and approved or denied by the city engineer and city planner/zoning administrator.
2. No structures or off site improvements must be allowed on any area known to be an active landslide area, verified by the city engineer or state geologist.
3. Problems associated with development on or near perched ground water and shallow ground water must be mitigated.
4. No structures shall be allowed in any rockfall zone. Off site improvements may be allowed through special approval by the planning commission.
Fire Protection:
1. Areas without a recognized water supply should meet special requirements and may be approved on an individual basis.
2. All water, sewer and utilities must be installed in accordance with the Morgan City subdivision ordinance.
3. Each development site proposal and building permit application for private lots, where the front setback is greater than fifty feet (50'), shall be reviewed by the fire department to determine whether it complies with the currently adopted fire code, including, but not limited to, those sections addressing access roadways for fire apparatus. Developments, which do not comply with the fire code as determined by the fire department, shall not be approved.

Streets And Ways:

The street standards and specifications of Morgan City shall apply to all development, except where conditions related to proper development of hillside areas necessitate altering these standards as described below and elsewhere in this chapter. Any such exception must be approved by the city council upon recommendation of the planning commission and city engineer.
Streets, roadways and private accessways shall follow as nearly as possible the natural terrain and shall not cross slopes greater than thirty percent (30%) unless so recommended by the city planner/zoning administrator, city engineer and approved by the planning commission.

Design requirements:

	Normal	Permissible Exception
Construction details	City standards	Alternates for slopes
Driveway	12 percent maximum	As provided hereafter
Horizontal curve	100 feet minimum C/L radius	75 feet minimum C/L radius
Minor road and cul-de-sac length	400 feet maximum	600 feet maximum
Minor road and cul-de-sac radius	50 feet minimum	40 feet minimum if sidewalk and park strip improvements are waived
Public and private roads and cul-de-sac right of way width	60 feet minimum	50 feet minimum except turnaround (no parking)
Road grade	15 percent maximum not to exceed 200 feet long (12 percent preferred)	As provided hereafter
Vertical curve	300 feet minimum sight distance	200 feet minimum sight distance

Although minimum rights of way may be reduced to fifty feet (50'), all fill slopes must be contained within the right of way.
Points of access shall be provided to all developed and nondeveloped acres for emergency and firefighting equipment. Double access points shall be encouraged for all developments and shall be required for developments in excess of twenty (20) dwelling units, including all types of residential dwelling units or lots.
Development sites, which are located near well established canyon trails, will provide reasonable access to those trails. Parking areas may be required by the planning commission at trail heads.
The maximum amount of impervious surface for streets and ways shall be twenty percent (20%) of the entire development site.
Variations of the street design standards developed to solve special hillside visual and functional problems may be presented to the planning commission for consideration. Examples of such variations may be the use of split roadways to avoid deep cuts, one-way streets, modifications of surface drainage for curb, gutter and sidewalk design and other innovative designs for hillside development.
1. The maximum grade of such streets or right of way shall be fifteen percent (15%) except hereafter provided. (12 percent preferred.)
2. The city council after receiving a recommendation from the planning commission may grant approval for the construction of such streets or rights of way having a grade exceeding twelve percent (12%), but the grade of such streets shall not, in any event, exceed fifteen percent (15%) for a distance of more than two hundred feet (200').
3. The provisions of this section shall not apply to streets or rights of way already constructed or which have hereto been granted preliminary approval by the planning commission.
4. Roads shall be designed to meet the Morgan City road base, asphalt, and compaction standards.

Architectural Design:
1. The design of buildings proposed for construction in the sensitive lands district is encouraged to be visually compatible with the natural beauty of the foothills and canyon areas. The use of building materials in colors that will blend harmoniously with the natural settings is suggested.
2. The planning commission may review the design and comment on the specified exterior materials and colors for all structures and fences. Prohibition of cedar shake roofing materials, the installation of chimney screens and sprinkling systems, as well as other fire protection measures may be required by the planning commission as may be recommended by the fire department.
3. All fences located on slopes of thirty percent (30%) or greater shall be dark brown or black vinyl coated chainlink fence to blend in with the native landscaping. The following types of fences shall be prohibited from thirty percent (30%) slopes: uncoated chainlink, masonry, block, wood, or other sight obscuring materials. All fences on lots within the overlay district shall conform to other fence regulations in respect to setback and height, as provided in the zoning ordinance. Other types and colors of fencing may be considered and approved by the planning commission if warranted.
Completion Of Improvements: All public improvements, utilities, and other on site or off site improvements required to be completed by developer or property owner prior to obtaining a building permit must be completed within eighteen (18) months from the effective date of final approval. In the interest of public health and safety concerns regarding erosion and flooding within sensitive hillside areas, the city council may, in its discretion require as part of final plat approval that all such improvements be completed within less than eighteen (18) months from the effective date of final approval. All on site and off site improvements shall be completed in accordance with the development site approval and applicable Morgan City ordinances.
Bond Or Bank Escrow Agreements: In addition to the provisions requiring the posting of a bond as set forth in the Morgan City subdivision ordinance, the developer or property owner will be required by the city council (as a condition to receiving a building permit) to guarantee the completion of revegetation projects, the stabilization of grading sites, cuts and fills and construction of storm water runoff facilities, and the construction of recreation space as required in this section. If such guarantee is required, it shall be in an amount equal to the cost of construction of such projects as determined by the city.
Earthquake And Natural Hazard Acknowledgment: All owners of lots in the sensitive lands district must sign an acknowledgment of hazards and risk associated with land use in this area prior to the issuance of a building permit for any dwelling or accessory building.
Approvals: "Approvals" as otherwise stated must be by a licensed engineer. The city has the discretion of submitting all plans, proposals, reports, etc., submitted pursuant hereto, to a governmental or private firm for an independent review. Said review will be at the developer's expense. If the result of the independent review is in conflict with the submitted plans, proposals, reports, etc., the issues may be submitted to a third party, acceptable to both the developer and the city, for a review. This review will be at the expense of the developer. This determination will be accepted by the parties if it comports with the city's codes and upon the reviewing entity's certification of the review. All development within the sensitive lands area shall be pursuant to the certified plans, proposals, reports, etc.
Map Required: All reports, where feasible, shall be reflected upon a map that will illustrate the requirements of this chapter and the proposed activity for the affected area. (Ord. 05-15, 8-9-2005)

HISTORY
Adopted by Ord. 23-14 Amendment to Title 10 Chapter 10.22 Section 10.22.050(F)(5) - Regarding Access Points in the Sensitive Lands District Ordinance on 11/14/2023

23-14

Morgan City Zoning Code

CHAPTER 10

22 SENSITIVE LANDS DISTRICT

10.22.010 PURPOSE

The city deems it important to the peace, health, safety, and welfare of the inhabitants of Morgan City that the steep slopes and hillsides (areas above a 15 percent slope extending beyond 100 linear feet and areas within the FEMA designated 100-year floodplain (or greater) or any natural drainage channels leading to the valley) of the city be protected to ensure that urban development in these sensitive areas be guided in a manner that will minimize the potential for flooding, erosion, and other environmental hazards and will protect the natural scenic beauty of the foothills and floodplain.
It shall be the responsibility of the developing or building entity to employ the licensed and certified professionals within the respective fields to fulfill the requirements herein.
The objectives to be achieved by the use of the sensitive lands district shall include, but not be limited to, the following:
1. A minimum amount of grading and earthwork.
2. Retention of trees and other native vegetation, which stabilizes steep hillsides, retains moisture, prevents erosion and enhances the beauty of the natural landscape. Some consideration will be given to removing vegetation where high fire hazards may result.
3. Design and construction of roads, where necessary, in such a way as to minimize scars from cuts and fills and to avoid permanent scarring of hillsides. Design of roads so as to make them easily accessible to fire protection, snow removal, and emergency vehicles. All rights of way shall not exceed fifteen percent (15%) slope and conform to city engineering standards.
4. Placement of building sites in such a manner as to permit ample room for adequate landscaping, surface drainage, parking between and around the buildings, and utility serviceability.
5. Grading which will eliminate sharp angles at the top and at the toe of cut and fill slopes, both with respect to building sites and to road cross sections.
6. Street rights of way and grades, lot layouts and structure designs which will aid the objective of reducing excavation and natural topographic disturbance. (Ord. 05-15, 8-9-2005)
7. Low density development, cluster type development, or similar concepts that will minimize as far as possible construction on steep or dangerous terrain. No development shall be allowed on slopes exceeding thirty percent (30%), nor be allowed as area calculated for zoning requirements. (Ord. 05-15, 8-9-2005; amd. Ord. 06-03, 3-28-2006)
8. Early temporary or permanent planting, or both, wherever appropriate to maintain necessary cut and fill slopes, stabilizing them by plant roots and concealing the raw soil from view.
9. The preservation of natural features, wildlife habitat and open space.
10. Regard for the view of the hillside as well as the view from the hillsides. Rooflines shall not be higher than any ridgeline.
11. Material use in construction of any nature shall be harmonious to the natural condition of the area. (Ord. 05-15, 8-9-2005)

10.22.020 SCOPE AND APPLICATION

The regulations contained in this chapter shall apply to all lands in the city of Morgan that lie within the area designated as slopes, natural drainage channels and FEMA 100-year floodplain (or greater) as outlined in the purpose of this chapter. (Ord. 05-15, 8-9-2005)
This chapter makes additional provisions to those provided in the Morgan City grouped dwelling and subdivision ordinance (hereinafter "subdivisions") and in other sections of this code. In the event of conflict, the more restrictive provisions shall apply.
The provisions of this chapter shall have no application to subdivisions or other development projects, or individual lots within such developments, that have been granted preliminary approval prior to the effective date hereof, provided that the same shall be developed according to the plan upon which such approval applies within one year of the date of approval. (Ord. 05-15, 8-9-2005; amd. Ord. 06-03, 3-28-2006)

10.22.030 REVIEW AND APPROVAL PROCEDURE

Subdivisions: Proposals for subdivision development within the sensitive lands district shall comply with all provisions regarding the same as set forth in the Morgan City subdivision ordinance and all additional requirements set forth herein. All concept plans, preliminary plats and final plats for any proposed subdivision development within the district may be approved by the city council after recommendation of the planning commission and city engineer.
Conceptual Approval: In addition to the requirements set forth in the Morgan City subdivision ordinance proposals for concept approval of a subdivision within the sensitive lands district shall include the following:
1. Location of the subdivision, with identification of abutting streets, a legal description, and outlined in red on a current county recorder's plat. (Ord. 05-15, 8-9-2005; amd. Ord. 06-03, 3-28-2006)
2. A slope district map reflecting existing slope conditions prior to development at a scale no greater than one inch equals one hundred feet (1" = 100') and an estimate of the average slope of the proposed development.
3. A topographic contour map, tied to a land base survey, delineating areas within the development site with slopes of less than ten percent (10%), areas between ten percent (10%) and twenty percent (20%), areas between twenty one percent (21%) and thirty percent (30%), and areas greater than thirty percent (30%), shall be designated with topographic contours at two foot (2') intervals.
4. The total acreage, number of lots and proposed total density and slope district density for residential developments.
5. The location and approximate size of the proposed lots.
6. A general street location, width, and grade of all proposed streets and radius of any cul-de-sac or other acceptable turnaround designs such as hammerhead designs.
7. Location of existing or proposed schools, churches, or parks.
8. Location of known hazards (i.e., faults, drainage, rockfall, landslide, slump, etc.).
9. Soil type and general description of soil types to a depth of ten feet (10').
10. Land use data (i.e., the amount of residential land, transportation land, etc.), by acreage and percent.
11. Existing vegetation type map. (Ord. 05-15, 8-9-2005)
Preliminary Approval: In addition to the information as required for preliminary approval under the Morgan City subdivision ordinance, proposals for preliminary approval of a subdivision application in the sensitive lands district shall include the requirements and reports set forth in this chapter. All reports submitted herein, shall be prepared by persons or firms either licensed to practice their specialty or expertise in the state of Utah, if such license for practice is required, or by one having demonstrable expertise in such fields of practice if such license is not required. (Ord. 05-15, 8-9-2005; amd. Ord. 06-03, 3-28-2006)
1. Soil Characteristics Report: This report shall contain data regarding the nature, distribution, and strength of soils within the project area to a depth of ten feet (10'); the soil report shall include:
  1. Unified classification of all soils with an estimate of susceptibility to erosion, location of clays, liquid limit, shrink-swell potential, and general suitability for development shall be defined.
  2. Estimate of the normal highest elevation of the seasonal high water table.
  3. Flood history and potential; proximity to known floodplain areas and drainage channels.
  4. Topographic contours.
  5. Liquefaction.
  6. Test holes shall be at or as near as possible to the four (4) corners of the proposed buildings. Additional test holes may be required by the city's inspector or engineer before the building permit is issued.
  7. All testing will be done by independent contractors, qualified to perform such services, hired by the owner or developer.
2. Vegetation Report: This report shall include slope stabilization and vegetation report which shall include:
  1. Location and identification of existing vegetation.
  2. The vegetation to be removed and the method of disposal.
  3. The vegetation to be planted.
  4. Slope stabilization measures to be installed including, but not limited to, erosion control blankets.
  5. Analysis of the environmental effects of such operations including effects on slope stability, soil erosion, water quality, fish and wildlife, and fire hazard.
  6. Topsoil stockpile areas will be designated.
  7. Solar orientation is recommended for review.
  8. All testing will be done by independent contractors, qualified to perform such services, hired by the owner or developer.
3. Geologic Conditions Report: This report shall include the following information:
  1. Definition of any zones of deformation with respect to active faults and other mass movements of soil and rock.
  2. Identification of anomalies of the terrain or characteristics of the geological materials which would have any potential impact upon the use of the site.
  3. Determination of ground water characteristics.
  4. Depth to bedrock and geological evaluation to a minimum of ten feet (10').
  5. Written recommendations for construction of proposed improvements to avoid impact of any potential geological hazards.
  6. Written recommendations for construction and development of the structures proposed within the development.
  7. All testing will be done by independent contractors, qualified to perform such services, hired by the owner or developer.
4. Grading And Drainage Report: The application for preliminary approval shall include a storm water management, erosion and grading plan describing the methods by which surface water, natural drainages, flooding, erosion and sedimentation loss will be controlled during and after construction. The plan shall include the following information:
  1. Grading Plan: The grading plan shall show present topography to include elevations, lines and grades including the location and depth of all proposed fills and cuts of the finished earth surfaces using a contour interval of five feet (5') or less. Access or haul road location, treatment and maintenance requirements shall be included.
  2. Scale: An appropriate scale shall be used which most clearly presents the proposed action, generally one inch equals one hundred feet (1" = 100') or larger.
  3. Cleared Area: The proposed area to be graded shall be clearly delineated on the plan and the area amount stated in square feet. No clearing is allowed before all approvals are granted.
  4. Calculations And Details: All calculations and proposed details used for design and construction of debris basins, impoundments, diversions, dikes, waterways, drains, culverts and any other water management or soil erosion control measures shall be shown. Calculations shall employ predictions of soil loss sheet erosion using the universal soil loss equation or appropriate equivalent. Equations should include factors of:
    1. Rainfall intensity and energy.
    2. Soil erodibility.
    3. Land slope and length of slope or topography.
    4. Condition of the soil surface and land management practices in use.
    5. Surface cover; grass, woodland, crops, pavements.
    6. Methods intended to be employed to control increased erosion during construction phase.
    7. All testing will be done by independent contractors, qualified to perform such services, hired by the owner or developer.
Final Approval: To ensure proper development of subdivisions and other developments within the sensitive lands district, final approval shall be required by the planning commission and city council. The application for final approval shall include the information required in the Morgan City subdivision ordinances and any other requirements imposed by the planning commission or city council. Application for final approval shall include, along with improvement drawings, spot elevations on all lot corners or contour grading plans of all lot frontages. The planning commission or city council may require the staking of lots to ensure compliance with development standards.
Single-Family Dwellings And Accessory Buildings: Proposals for approval of single-family dwellings or accessory buildings upon a lot or parcel within the sensitive lands district shall be required to file a plot plan and lot cross section drawn to a scale of at least one inch equals ten feet (1" = 10') which plot plan shall show lot lines, existing and proposed contours at two foot (2') intervals, location of proposed dwelling unit, walks, driveways, patio areas, and vegetative, drainage, and erosion controls. Plot plans shall be reviewed and approved by the city engineer, inspector, and the planner/zoning administrator. Additional reports as set forth herein may be required by the engineer, inspector, or zoning administrator and reviewed by the city planning commission and/or city council for approval when deemed appropriate by the zoning administrator.
Approval Condition: No grading, site clearing, construction, or development shall be conducted within the sensitive lands district and no building permit shall be issued until final plat approval has been granted by the city council for subdivision or other development or until final plot plan approval has been granted by the inspector for a single-family dwelling unit on a parcel or lot within the sensitive lands district. The approved plot plan for single-family unit on a parcel or lot shall be attached to the building permit for the same. (Ord. 05-15, 8-9-2005)

10.22.040 DEVELOPMENT REQUIREMENTS

Requirements For All Lots: Every lot shall have at least five thousand (5,000) square feet of contiguous space which has a slope of less than thirty percent (30%). This space may be no less than fifty feet (50') wide at any given point. This buildable area must be undisturbed or virgin slope. Certain limited hillside areas may be considered as either natural or manmade "anomalies" such as gravel pit operations or other artificial disturbances based upon size, location, and history of slope, and may be included within the "buildable area" as may be recommended by the planning commission. Lots shall allow dwelling structures to be located within two hundred fifty feet (250') of a public street. All main and accessory buildings shall be built on the buildable area.
Density For Single-Family Lots: The minimum lot size and yard requirements in the sensitive lands district shall apply except that on lots in slope areas between ten percent (10%) and twenty percent (20%), the lot shall be 1.5 times the minimum requirement and 2.0 times the minimum area requirement for lots between twenty percent (20%) and thirty percent (30%). All lots in slope areas more than ten percent (10%) must be platted a minimum of one hundred feet (100') wide at the setback line.
Lot Density For Grouped Dwellings: The density limitations for the sensitive lands district shall apply except where, under a conditional use permit, the planning commission determines that additional buildable area, lot size, yard requirements or other condition is needed. All buildings shall be built on the buildable area. All dwelling units shall be built within two hundred fifty feet (250') of a public street, or private street that has been approved by the planning commission. Dwellings and accessory structures may not occupy more than forty percent (40%) of the lot area in any zone within the sensitive lands district.
Maximum Impervious Material Coverage: The maximum allowable coverage of a lot by impervious material shall be forty percent (40%) of the total lot area, or five thousand (5,000) square feet, whichever is less.
Front Yard Setback: The minimum front yard setback in the sensitive lands district may be reduced to not less than twenty feet (20'), provided the average slope of the lot exceeds twenty percent (20%) as recommended by the city engineer. (Ord. 05-15, 8-9-2005)

10.22.050 DEVELOPMENT STANDARDS

Scope: It is intended by this section that the development standards and provisions, as set forth herein, shall be required in connection with all building and construction in the Morgan sensitive lands district.
Drainage And Erosion: The area of the watershed shall be used to determine the amount of storm water runoff generated before and after construction.
1. The "rational method" or other storm water computation method as approved by the city engineer shall be used in computing runoff. The basic formula for the "rational method" is:
  
  Q =CIA in which:
  Q =Runoff in cubic feet per second (cfs)
  C =Coefficient of runoff or the portion of storm water that runs off a given area.
  
  The following are typical examples of land use ranges for C value. The actual C value used shall be approved by the city engineer.
  
  Type Of Development Runoff Coefficient
  Industrial and commercial 0.80 - 0.90
  Residential 0.30 - 0.40
  Parks 0.15 - 0.25
  Agricultural 0.10 - 0.20
  I =Average rainfall intensity during time of concentration for 10-year return period in inches per hour. The "time of concentration" shall be defined as the time required for water to flow from the most remote point of the section under consideration.
  
  A =Drainage area in acres.
2. Maps of the development site at the scale of one inch equals two hundred feet (1" = 200') shall be provided by the developer to the city engineer defining the boundaries of any 100-year floodplain, and the limits of the watershed.
3. Lots shall be arranged so as to ensure adequate setbacks from drainage channels. The 100-year storm shall be that basis for calculating setbacks.
4. Facilities for the collection of storm water runoff shall be required to be constructed on development sites and according to the following requirements:
  1. Such facilities shall be the first improvements or facilities constructed on the development site.
  2. Such facilities shall be designed so as to detain safely and adequately the maximum expected storm water runoff for a 10-year storm, not to exceed two tenths of one percent (0.2%) cubic feet per second per acre or at a flow rate higher than the flow rate before construction, whichever is less, on the development site, for a sufficient length of time so as to prevent flooding and erosion during storm water runoff flow periods.
  3. Such facilities shall be so designed as to divert surface water away from cut faces of sloping surfaces of a fill.
  4. The existing natural drainage system will be utilized to the extent possible in its unimproved state.
  5. Where drainage channels are required, wide shallow swales lined with appropriate vegetation, erosion blankets shall be used instead of cutting narrow, deep drainage ditches.
  6. Flow retarding devices, such as detention ponds and recharge berms, shall be used where practical to minimize increases in runoff volume and peak flow rate due to development. Areas which have shallow or perched ground water or areas that are unstable must be given additional consideration.
5. Construction on the development site shall be of a nature that will minimize the disturbance of vegetation cover.
6. Erosion control measures on the development site shall be required to minimize the increased solids loading in runoff from such areas. The detailed design system to control storm water erosion during and after construction shall be contained in the grading and drainage report described in MCC 10.22.030C4.
Grading, Cuts, Fills, Vegetation And Revegetation:
1. The developer/builder is responsible for interim stabilization of all disturbed areas during the period of construction to prevent erosion off site effects, and for final stabilization once construction is completed.
2. Exposed unstable surfaces of an excavation or fill shall not be steeper than one vertical to two horizontal (1:2), unless stabilized by approved means.
3. All fill slopes shall be located so that settlements, slidings, or erosions shall not damage or cover streets, curb, gutter, sidewalks, or buildings.
4. All fill and degrees of compaction shall comply with the standards of the uniform building code then in effect.
5. The top and bottom edges of slopes caused by an excavation or fill up to ten (10) vertical feet shall be at three (3) horizontal feet from any public right of way line.
6. The maximum vertical height of all cuts or fills shall be ten feet (10'). Fills for slumps or other natural depressions may exceed ten feet (10') with planning commission approval.
7. All structures except retaining walls or soil stabilization improvements shall have a setback from the crest of the fill or base of the cut of a minimum distance equal to the depth of the fill or the height of the cut, unless a structurally sound retaining wall is built for the cut or fill slope. Retaining walls may be a part of the dwelling unit.
  
  Retaining walls shall be used to retain existing slope or graded slope as may be approved by the city engineer. The height of necessary and approved retaining walls shall be a maximum of eight feet (8'). Extensive "rear yard" retaining walls built for the purpose of leveling a yard by backfilling, are expressly prohibited.
8. All areas of development sites cleared of natural vegetation in the course of construction of off site improvements shall be replanted with vegetation which has good erosion control characteristics.
9. New plantings shall be protected with mulch material and fertilized when in conjunction with planting and watering schedule.
10. Persons or firms having expertise in the practice of revegetation (i.e., licensed landscape architects or nurserymen) shall supervise the planning and installation of revegetation cover for the total development site.
11. Vegetation shall be removed only when absolutely necessary, e.g., for the construction of buildings, roads and filled areas, as approved by the city engineer.
12. Where permanent roads or roadbeds are to be used during construction and storm water inlets have already been installed, they shall be protected to prevent sediment laden water from entering the storm sewer system.
Geology:
1. Structures may not be built within a minimum of fifty feet (50') of a centerline of a zone of deformation with respect to known active faults. The "zone of deformation" is defined as area of variable width adjacent to a fault where it is determined that ground rupture is likely to occur. A greater setback may be required by the city where deemed necessary to protect public health and safety. Off site improvement design will be reviewed and approved or denied by the city engineer and city planner/zoning administrator.
2. No structures or off site improvements must be allowed on any area known to be an active landslide area, verified by the city engineer or state geologist.
3. Problems associated with development on or near perched ground water and shallow ground water must be mitigated.
4. No structures shall be allowed in any rockfall zone. Off site improvements may be allowed through special approval by the planning commission.
Fire Protection:
1. Areas without a recognized water supply should meet special requirements and may be approved on an individual basis.
2. All water, sewer and utilities must be installed in accordance with the Morgan City subdivision ordinance.
3. Each development site proposal and building permit application for private lots, where the front setback is greater than fifty feet (50'), shall be reviewed by the fire department to determine whether it complies with the currently adopted fire code, including, but not limited to, those sections addressing access roadways for fire apparatus. Developments, which do not comply with the fire code as determined by the fire department, shall not be approved.

Streets And Ways:

The street standards and specifications of Morgan City shall apply to all development, except where conditions related to proper development of hillside areas necessitate altering these standards as described below and elsewhere in this chapter. Any such exception must be approved by the city council upon recommendation of the planning commission and city engineer.
Streets, roadways and private accessways shall follow as nearly as possible the natural terrain and shall not cross slopes greater than thirty percent (30%) unless so recommended by the city planner/zoning administrator, city engineer and approved by the planning commission.

Design requirements:

	Normal	Permissible Exception
Construction details	City standards	Alternates for slopes
Driveway	12 percent maximum	As provided hereafter
Horizontal curve	100 feet minimum C/L radius	75 feet minimum C/L radius
Minor road and cul-de-sac length	400 feet maximum	600 feet maximum
Minor road and cul-de-sac radius	50 feet minimum	40 feet minimum if sidewalk and park strip improvements are waived
Public and private roads and cul-de-sac right of way width	60 feet minimum	50 feet minimum except turnaround (no parking)
Road grade	15 percent maximum not to exceed 200 feet long (12 percent preferred)	As provided hereafter
Vertical curve	300 feet minimum sight distance	200 feet minimum sight distance

Although minimum rights of way may be reduced to fifty feet (50'), all fill slopes must be contained within the right of way.
Points of access shall be provided to all developed and nondeveloped acres for emergency and firefighting equipment. Double access points shall be encouraged for all developments and shall be required for developments in excess of twenty (20) dwelling units, including all types of residential dwelling units or lots.
Development sites, which are located near well established canyon trails, will provide reasonable access to those trails. Parking areas may be required by the planning commission at trail heads.
The maximum amount of impervious surface for streets and ways shall be twenty percent (20%) of the entire development site.
Variations of the street design standards developed to solve special hillside visual and functional problems may be presented to the planning commission for consideration. Examples of such variations may be the use of split roadways to avoid deep cuts, one-way streets, modifications of surface drainage for curb, gutter and sidewalk design and other innovative designs for hillside development.
1. The maximum grade of such streets or right of way shall be fifteen percent (15%) except hereafter provided. (12 percent preferred.)
2. The city council after receiving a recommendation from the planning commission may grant approval for the construction of such streets or rights of way having a grade exceeding twelve percent (12%), but the grade of such streets shall not, in any event, exceed fifteen percent (15%) for a distance of more than two hundred feet (200').
3. The provisions of this section shall not apply to streets or rights of way already constructed or which have hereto been granted preliminary approval by the planning commission.
4. Roads shall be designed to meet the Morgan City road base, asphalt, and compaction standards.

Architectural Design:
1. The design of buildings proposed for construction in the sensitive lands district is encouraged to be visually compatible with the natural beauty of the foothills and canyon areas. The use of building materials in colors that will blend harmoniously with the natural settings is suggested.
2. The planning commission may review the design and comment on the specified exterior materials and colors for all structures and fences. Prohibition of cedar shake roofing materials, the installation of chimney screens and sprinkling systems, as well as other fire protection measures may be required by the planning commission as may be recommended by the fire department.
3. All fences located on slopes of thirty percent (30%) or greater shall be dark brown or black vinyl coated chainlink fence to blend in with the native landscaping. The following types of fences shall be prohibited from thirty percent (30%) slopes: uncoated chainlink, masonry, block, wood, or other sight obscuring materials. All fences on lots within the overlay district shall conform to other fence regulations in respect to setback and height, as provided in the zoning ordinance. Other types and colors of fencing may be considered and approved by the planning commission if warranted.
Completion Of Improvements: All public improvements, utilities, and other on site or off site improvements required to be completed by developer or property owner prior to obtaining a building permit must be completed within eighteen (18) months from the effective date of final approval. In the interest of public health and safety concerns regarding erosion and flooding within sensitive hillside areas, the city council may, in its discretion require as part of final plat approval that all such improvements be completed within less than eighteen (18) months from the effective date of final approval. All on site and off site improvements shall be completed in accordance with the development site approval and applicable Morgan City ordinances.
Bond Or Bank Escrow Agreements: In addition to the provisions requiring the posting of a bond as set forth in the Morgan City subdivision ordinance, the developer or property owner will be required by the city council (as a condition to receiving a building permit) to guarantee the completion of revegetation projects, the stabilization of grading sites, cuts and fills and construction of storm water runoff facilities, and the construction of recreation space as required in this section. If such guarantee is required, it shall be in an amount equal to the cost of construction of such projects as determined by the city.
Earthquake And Natural Hazard Acknowledgment: All owners of lots in the sensitive lands district must sign an acknowledgment of hazards and risk associated with land use in this area prior to the issuance of a building permit for any dwelling or accessory building.
Approvals: "Approvals" as otherwise stated must be by a licensed engineer. The city has the discretion of submitting all plans, proposals, reports, etc., submitted pursuant hereto, to a governmental or private firm for an independent review. Said review will be at the developer's expense. If the result of the independent review is in conflict with the submitted plans, proposals, reports, etc., the issues may be submitted to a third party, acceptable to both the developer and the city, for a review. This review will be at the expense of the developer. This determination will be accepted by the parties if it comports with the city's codes and upon the reviewing entity's certification of the review. All development within the sensitive lands area shall be pursuant to the certified plans, proposals, reports, etc.
Map Required: All reports, where feasible, shall be reflected upon a map that will illustrate the requirements of this chapter and the proposed activity for the affected area. (Ord. 05-15, 8-9-2005)

HISTORY
Adopted by Ord. 23-14 Amendment to Title 10 Chapter 10.22 Section 10.22.050(F)(5) - Regarding Access Points in the Sensitive Lands District Ordinance on 11/14/2023

23-14

Morgan City Zoning Code

CHAPTER 10

22 SENSITIVE LANDS DISTRICT

10.22.010 PURPOSE

The city deems it important to the peace, health, safety, and welfare of the inhabitants of Morgan City that the steep slopes and hillsides (areas above a 15 percent slope extending beyond 100 linear feet and areas within the FEMA designated 100-year floodplain (or greater) or any natural drainage channels leading to the valley) of the city be protected to ensure that urban development in these sensitive areas be guided in a manner that will minimize the potential for flooding, erosion, and other environmental hazards and will protect the natural scenic beauty of the foothills and floodplain.
It shall be the responsibility of the developing or building entity to employ the licensed and certified professionals within the respective fields to fulfill the requirements herein.
The objectives to be achieved by the use of the sensitive lands district shall include, but not be limited to, the following:
1. A minimum amount of grading and earthwork.
2. Retention of trees and other native vegetation, which stabilizes steep hillsides, retains moisture, prevents erosion and enhances the beauty of the natural landscape. Some consideration will be given to removing vegetation where high fire hazards may result.
3. Design and construction of roads, where necessary, in such a way as to minimize scars from cuts and fills and to avoid permanent scarring of hillsides. Design of roads so as to make them easily accessible to fire protection, snow removal, and emergency vehicles. All rights of way shall not exceed fifteen percent (15%) slope and conform to city engineering standards.
4. Placement of building sites in such a manner as to permit ample room for adequate landscaping, surface drainage, parking between and around the buildings, and utility serviceability.
5. Grading which will eliminate sharp angles at the top and at the toe of cut and fill slopes, both with respect to building sites and to road cross sections.
6. Street rights of way and grades, lot layouts and structure designs which will aid the objective of reducing excavation and natural topographic disturbance. (Ord. 05-15, 8-9-2005)
7. Low density development, cluster type development, or similar concepts that will minimize as far as possible construction on steep or dangerous terrain. No development shall be allowed on slopes exceeding thirty percent (30%), nor be allowed as area calculated for zoning requirements. (Ord. 05-15, 8-9-2005; amd. Ord. 06-03, 3-28-2006)
8. Early temporary or permanent planting, or both, wherever appropriate to maintain necessary cut and fill slopes, stabilizing them by plant roots and concealing the raw soil from view.
9. The preservation of natural features, wildlife habitat and open space.
10. Regard for the view of the hillside as well as the view from the hillsides. Rooflines shall not be higher than any ridgeline.
11. Material use in construction of any nature shall be harmonious to the natural condition of the area. (Ord. 05-15, 8-9-2005)

10.22.020 SCOPE AND APPLICATION

The regulations contained in this chapter shall apply to all lands in the city of Morgan that lie within the area designated as slopes, natural drainage channels and FEMA 100-year floodplain (or greater) as outlined in the purpose of this chapter. (Ord. 05-15, 8-9-2005)
This chapter makes additional provisions to those provided in the Morgan City grouped dwelling and subdivision ordinance (hereinafter "subdivisions") and in other sections of this code. In the event of conflict, the more restrictive provisions shall apply.
The provisions of this chapter shall have no application to subdivisions or other development projects, or individual lots within such developments, that have been granted preliminary approval prior to the effective date hereof, provided that the same shall be developed according to the plan upon which such approval applies within one year of the date of approval. (Ord. 05-15, 8-9-2005; amd. Ord. 06-03, 3-28-2006)

10.22.030 REVIEW AND APPROVAL PROCEDURE

Subdivisions: Proposals for subdivision development within the sensitive lands district shall comply with all provisions regarding the same as set forth in the Morgan City subdivision ordinance and all additional requirements set forth herein. All concept plans, preliminary plats and final plats for any proposed subdivision development within the district may be approved by the city council after recommendation of the planning commission and city engineer.
Conceptual Approval: In addition to the requirements set forth in the Morgan City subdivision ordinance proposals for concept approval of a subdivision within the sensitive lands district shall include the following:
1. Location of the subdivision, with identification of abutting streets, a legal description, and outlined in red on a current county recorder's plat. (Ord. 05-15, 8-9-2005; amd. Ord. 06-03, 3-28-2006)
2. A slope district map reflecting existing slope conditions prior to development at a scale no greater than one inch equals one hundred feet (1" = 100') and an estimate of the average slope of the proposed development.
3. A topographic contour map, tied to a land base survey, delineating areas within the development site with slopes of less than ten percent (10%), areas between ten percent (10%) and twenty percent (20%), areas between twenty one percent (21%) and thirty percent (30%), and areas greater than thirty percent (30%), shall be designated with topographic contours at two foot (2') intervals.
4. The total acreage, number of lots and proposed total density and slope district density for residential developments.
5. The location and approximate size of the proposed lots.
6. A general street location, width, and grade of all proposed streets and radius of any cul-de-sac or other acceptable turnaround designs such as hammerhead designs.
7. Location of existing or proposed schools, churches, or parks.
8. Location of known hazards (i.e., faults, drainage, rockfall, landslide, slump, etc.).
9. Soil type and general description of soil types to a depth of ten feet (10').
10. Land use data (i.e., the amount of residential land, transportation land, etc.), by acreage and percent.
11. Existing vegetation type map. (Ord. 05-15, 8-9-2005)
Preliminary Approval: In addition to the information as required for preliminary approval under the Morgan City subdivision ordinance, proposals for preliminary approval of a subdivision application in the sensitive lands district shall include the requirements and reports set forth in this chapter. All reports submitted herein, shall be prepared by persons or firms either licensed to practice their specialty or expertise in the state of Utah, if such license for practice is required, or by one having demonstrable expertise in such fields of practice if such license is not required. (Ord. 05-15, 8-9-2005; amd. Ord. 06-03, 3-28-2006)
1. Soil Characteristics Report: This report shall contain data regarding the nature, distribution, and strength of soils within the project area to a depth of ten feet (10'); the soil report shall include:
  1. Unified classification of all soils with an estimate of susceptibility to erosion, location of clays, liquid limit, shrink-swell potential, and general suitability for development shall be defined.
  2. Estimate of the normal highest elevation of the seasonal high water table.
  3. Flood history and potential; proximity to known floodplain areas and drainage channels.
  4. Topographic contours.
  5. Liquefaction.
  6. Test holes shall be at or as near as possible to the four (4) corners of the proposed buildings. Additional test holes may be required by the city's inspector or engineer before the building permit is issued.
  7. All testing will be done by independent contractors, qualified to perform such services, hired by the owner or developer.
2. Vegetation Report: This report shall include slope stabilization and vegetation report which shall include:
  1. Location and identification of existing vegetation.
  2. The vegetation to be removed and the method of disposal.
  3. The vegetation to be planted.
  4. Slope stabilization measures to be installed including, but not limited to, erosion control blankets.
  5. Analysis of the environmental effects of such operations including effects on slope stability, soil erosion, water quality, fish and wildlife, and fire hazard.
  6. Topsoil stockpile areas will be designated.
  7. Solar orientation is recommended for review.
  8. All testing will be done by independent contractors, qualified to perform such services, hired by the owner or developer.
3. Geologic Conditions Report: This report shall include the following information:
  1. Definition of any zones of deformation with respect to active faults and other mass movements of soil and rock.
  2. Identification of anomalies of the terrain or characteristics of the geological materials which would have any potential impact upon the use of the site.
  3. Determination of ground water characteristics.
  4. Depth to bedrock and geological evaluation to a minimum of ten feet (10').
  5. Written recommendations for construction of proposed improvements to avoid impact of any potential geological hazards.
  6. Written recommendations for construction and development of the structures proposed within the development.
  7. All testing will be done by independent contractors, qualified to perform such services, hired by the owner or developer.
4. Grading And Drainage Report: The application for preliminary approval shall include a storm water management, erosion and grading plan describing the methods by which surface water, natural drainages, flooding, erosion and sedimentation loss will be controlled during and after construction. The plan shall include the following information:
  1. Grading Plan: The grading plan shall show present topography to include elevations, lines and grades including the location and depth of all proposed fills and cuts of the finished earth surfaces using a contour interval of five feet (5') or less. Access or haul road location, treatment and maintenance requirements shall be included.
  2. Scale: An appropriate scale shall be used which most clearly presents the proposed action, generally one inch equals one hundred feet (1" = 100') or larger.
  3. Cleared Area: The proposed area to be graded shall be clearly delineated on the plan and the area amount stated in square feet. No clearing is allowed before all approvals are granted.
  4. Calculations And Details: All calculations and proposed details used for design and construction of debris basins, impoundments, diversions, dikes, waterways, drains, culverts and any other water management or soil erosion control measures shall be shown. Calculations shall employ predictions of soil loss sheet erosion using the universal soil loss equation or appropriate equivalent. Equations should include factors of:
    1. Rainfall intensity and energy.
    2. Soil erodibility.
    3. Land slope and length of slope or topography.
    4. Condition of the soil surface and land management practices in use.
    5. Surface cover; grass, woodland, crops, pavements.
    6. Methods intended to be employed to control increased erosion during construction phase.
    7. All testing will be done by independent contractors, qualified to perform such services, hired by the owner or developer.
Final Approval: To ensure proper development of subdivisions and other developments within the sensitive lands district, final approval shall be required by the planning commission and city council. The application for final approval shall include the information required in the Morgan City subdivision ordinances and any other requirements imposed by the planning commission or city council. Application for final approval shall include, along with improvement drawings, spot elevations on all lot corners or contour grading plans of all lot frontages. The planning commission or city council may require the staking of lots to ensure compliance with development standards.
Single-Family Dwellings And Accessory Buildings: Proposals for approval of single-family dwellings or accessory buildings upon a lot or parcel within the sensitive lands district shall be required to file a plot plan and lot cross section drawn to a scale of at least one inch equals ten feet (1" = 10') which plot plan shall show lot lines, existing and proposed contours at two foot (2') intervals, location of proposed dwelling unit, walks, driveways, patio areas, and vegetative, drainage, and erosion controls. Plot plans shall be reviewed and approved by the city engineer, inspector, and the planner/zoning administrator. Additional reports as set forth herein may be required by the engineer, inspector, or zoning administrator and reviewed by the city planning commission and/or city council for approval when deemed appropriate by the zoning administrator.
Approval Condition: No grading, site clearing, construction, or development shall be conducted within the sensitive lands district and no building permit shall be issued until final plat approval has been granted by the city council for subdivision or other development or until final plot plan approval has been granted by the inspector for a single-family dwelling unit on a parcel or lot within the sensitive lands district. The approved plot plan for single-family unit on a parcel or lot shall be attached to the building permit for the same. (Ord. 05-15, 8-9-2005)

10.22.040 DEVELOPMENT REQUIREMENTS

Requirements For All Lots: Every lot shall have at least five thousand (5,000) square feet of contiguous space which has a slope of less than thirty percent (30%). This space may be no less than fifty feet (50') wide at any given point. This buildable area must be undisturbed or virgin slope. Certain limited hillside areas may be considered as either natural or manmade "anomalies" such as gravel pit operations or other artificial disturbances based upon size, location, and history of slope, and may be included within the "buildable area" as may be recommended by the planning commission. Lots shall allow dwelling structures to be located within two hundred fifty feet (250') of a public street. All main and accessory buildings shall be built on the buildable area.
Density For Single-Family Lots: The minimum lot size and yard requirements in the sensitive lands district shall apply except that on lots in slope areas between ten percent (10%) and twenty percent (20%), the lot shall be 1.5 times the minimum requirement and 2.0 times the minimum area requirement for lots between twenty percent (20%) and thirty percent (30%). All lots in slope areas more than ten percent (10%) must be platted a minimum of one hundred feet (100') wide at the setback line.
Lot Density For Grouped Dwellings: The density limitations for the sensitive lands district shall apply except where, under a conditional use permit, the planning commission determines that additional buildable area, lot size, yard requirements or other condition is needed. All buildings shall be built on the buildable area. All dwelling units shall be built within two hundred fifty feet (250') of a public street, or private street that has been approved by the planning commission. Dwellings and accessory structures may not occupy more than forty percent (40%) of the lot area in any zone within the sensitive lands district.
Maximum Impervious Material Coverage: The maximum allowable coverage of a lot by impervious material shall be forty percent (40%) of the total lot area, or five thousand (5,000) square feet, whichever is less.
Front Yard Setback: The minimum front yard setback in the sensitive lands district may be reduced to not less than twenty feet (20'), provided the average slope of the lot exceeds twenty percent (20%) as recommended by the city engineer. (Ord. 05-15, 8-9-2005)

10.22.050 DEVELOPMENT STANDARDS

Scope: It is intended by this section that the development standards and provisions, as set forth herein, shall be required in connection with all building and construction in the Morgan sensitive lands district.
Drainage And Erosion: The area of the watershed shall be used to determine the amount of storm water runoff generated before and after construction.
1. The "rational method" or other storm water computation method as approved by the city engineer shall be used in computing runoff. The basic formula for the "rational method" is:
  
  Q =CIA in which:
  Q =Runoff in cubic feet per second (cfs)
  C =Coefficient of runoff or the portion of storm water that runs off a given area.
  
  The following are typical examples of land use ranges for C value. The actual C value used shall be approved by the city engineer.
  
  Type Of Development Runoff Coefficient
  Industrial and commercial 0.80 - 0.90
  Residential 0.30 - 0.40
  Parks 0.15 - 0.25
  Agricultural 0.10 - 0.20
  I =Average rainfall intensity during time of concentration for 10-year return period in inches per hour. The "time of concentration" shall be defined as the time required for water to flow from the most remote point of the section under consideration.
  
  A =Drainage area in acres.
2. Maps of the development site at the scale of one inch equals two hundred feet (1" = 200') shall be provided by the developer to the city engineer defining the boundaries of any 100-year floodplain, and the limits of the watershed.
3. Lots shall be arranged so as to ensure adequate setbacks from drainage channels. The 100-year storm shall be that basis for calculating setbacks.
4. Facilities for the collection of storm water runoff shall be required to be constructed on development sites and according to the following requirements:
  1. Such facilities shall be the first improvements or facilities constructed on the development site.
  2. Such facilities shall be designed so as to detain safely and adequately the maximum expected storm water runoff for a 10-year storm, not to exceed two tenths of one percent (0.2%) cubic feet per second per acre or at a flow rate higher than the flow rate before construction, whichever is less, on the development site, for a sufficient length of time so as to prevent flooding and erosion during storm water runoff flow periods.
  3. Such facilities shall be so designed as to divert surface water away from cut faces of sloping surfaces of a fill.
  4. The existing natural drainage system will be utilized to the extent possible in its unimproved state.
  5. Where drainage channels are required, wide shallow swales lined with appropriate vegetation, erosion blankets shall be used instead of cutting narrow, deep drainage ditches.
  6. Flow retarding devices, such as detention ponds and recharge berms, shall be used where practical to minimize increases in runoff volume and peak flow rate due to development. Areas which have shallow or perched ground water or areas that are unstable must be given additional consideration.
5. Construction on the development site shall be of a nature that will minimize the disturbance of vegetation cover.
6. Erosion control measures on the development site shall be required to minimize the increased solids loading in runoff from such areas. The detailed design system to control storm water erosion during and after construction shall be contained in the grading and drainage report described in MCC 10.22.030C4.
Grading, Cuts, Fills, Vegetation And Revegetation:
1. The developer/builder is responsible for interim stabilization of all disturbed areas during the period of construction to prevent erosion off site effects, and for final stabilization once construction is completed.
2. Exposed unstable surfaces of an excavation or fill shall not be steeper than one vertical to two horizontal (1:2), unless stabilized by approved means.
3. All fill slopes shall be located so that settlements, slidings, or erosions shall not damage or cover streets, curb, gutter, sidewalks, or buildings.
4. All fill and degrees of compaction shall comply with the standards of the uniform building code then in effect.
5. The top and bottom edges of slopes caused by an excavation or fill up to ten (10) vertical feet shall be at three (3) horizontal feet from any public right of way line.
6. The maximum vertical height of all cuts or fills shall be ten feet (10'). Fills for slumps or other natural depressions may exceed ten feet (10') with planning commission approval.
7. All structures except retaining walls or soil stabilization improvements shall have a setback from the crest of the fill or base of the cut of a minimum distance equal to the depth of the fill or the height of the cut, unless a structurally sound retaining wall is built for the cut or fill slope. Retaining walls may be a part of the dwelling unit.
  
  Retaining walls shall be used to retain existing slope or graded slope as may be approved by the city engineer. The height of necessary and approved retaining walls shall be a maximum of eight feet (8'). Extensive "rear yard" retaining walls built for the purpose of leveling a yard by backfilling, are expressly prohibited.
8. All areas of development sites cleared of natural vegetation in the course of construction of off site improvements shall be replanted with vegetation which has good erosion control characteristics.
9. New plantings shall be protected with mulch material and fertilized when in conjunction with planting and watering schedule.
10. Persons or firms having expertise in the practice of revegetation (i.e., licensed landscape architects or nurserymen) shall supervise the planning and installation of revegetation cover for the total development site.
11. Vegetation shall be removed only when absolutely necessary, e.g., for the construction of buildings, roads and filled areas, as approved by the city engineer.
12. Where permanent roads or roadbeds are to be used during construction and storm water inlets have already been installed, they shall be protected to prevent sediment laden water from entering the storm sewer system.
Geology:
1. Structures may not be built within a minimum of fifty feet (50') of a centerline of a zone of deformation with respect to known active faults. The "zone of deformation" is defined as area of variable width adjacent to a fault where it is determined that ground rupture is likely to occur. A greater setback may be required by the city where deemed necessary to protect public health and safety. Off site improvement design will be reviewed and approved or denied by the city engineer and city planner/zoning administrator.
2. No structures or off site improvements must be allowed on any area known to be an active landslide area, verified by the city engineer or state geologist.
3. Problems associated with development on or near perched ground water and shallow ground water must be mitigated.
4. No structures shall be allowed in any rockfall zone. Off site improvements may be allowed through special approval by the planning commission.
Fire Protection:
1. Areas without a recognized water supply should meet special requirements and may be approved on an individual basis.
2. All water, sewer and utilities must be installed in accordance with the Morgan City subdivision ordinance.
3. Each development site proposal and building permit application for private lots, where the front setback is greater than fifty feet (50'), shall be reviewed by the fire department to determine whether it complies with the currently adopted fire code, including, but not limited to, those sections addressing access roadways for fire apparatus. Developments, which do not comply with the fire code as determined by the fire department, shall not be approved.

Streets And Ways:

The street standards and specifications of Morgan City shall apply to all development, except where conditions related to proper development of hillside areas necessitate altering these standards as described below and elsewhere in this chapter. Any such exception must be approved by the city council upon recommendation of the planning commission and city engineer.
Streets, roadways and private accessways shall follow as nearly as possible the natural terrain and shall not cross slopes greater than thirty percent (30%) unless so recommended by the city planner/zoning administrator, city engineer and approved by the planning commission.

Design requirements:

	Normal	Permissible Exception
Construction details	City standards	Alternates for slopes
Driveway	12 percent maximum	As provided hereafter
Horizontal curve	100 feet minimum C/L radius	75 feet minimum C/L radius
Minor road and cul-de-sac length	400 feet maximum	600 feet maximum
Minor road and cul-de-sac radius	50 feet minimum	40 feet minimum if sidewalk and park strip improvements are waived
Public and private roads and cul-de-sac right of way width	60 feet minimum	50 feet minimum except turnaround (no parking)
Road grade	15 percent maximum not to exceed 200 feet long (12 percent preferred)	As provided hereafter
Vertical curve	300 feet minimum sight distance	200 feet minimum sight distance

Although minimum rights of way may be reduced to fifty feet (50'), all fill slopes must be contained within the right of way.
Points of access shall be provided to all developed and nondeveloped acres for emergency and firefighting equipment. Double access points shall be encouraged for all developments and shall be required for developments in excess of twenty (20) dwelling units, including all types of residential dwelling units or lots.
Development sites, which are located near well established canyon trails, will provide reasonable access to those trails. Parking areas may be required by the planning commission at trail heads.
The maximum amount of impervious surface for streets and ways shall be twenty percent (20%) of the entire development site.
Variations of the street design standards developed to solve special hillside visual and functional problems may be presented to the planning commission for consideration. Examples of such variations may be the use of split roadways to avoid deep cuts, one-way streets, modifications of surface drainage for curb, gutter and sidewalk design and other innovative designs for hillside development.
1. The maximum grade of such streets or right of way shall be fifteen percent (15%) except hereafter provided. (12 percent preferred.)
2. The city council after receiving a recommendation from the planning commission may grant approval for the construction of such streets or rights of way having a grade exceeding twelve percent (12%), but the grade of such streets shall not, in any event, exceed fifteen percent (15%) for a distance of more than two hundred feet (200').
3. The provisions of this section shall not apply to streets or rights of way already constructed or which have hereto been granted preliminary approval by the planning commission.
4. Roads shall be designed to meet the Morgan City road base, asphalt, and compaction standards.

Architectural Design:
1. The design of buildings proposed for construction in the sensitive lands district is encouraged to be visually compatible with the natural beauty of the foothills and canyon areas. The use of building materials in colors that will blend harmoniously with the natural settings is suggested.
2. The planning commission may review the design and comment on the specified exterior materials and colors for all structures and fences. Prohibition of cedar shake roofing materials, the installation of chimney screens and sprinkling systems, as well as other fire protection measures may be required by the planning commission as may be recommended by the fire department.
3. All fences located on slopes of thirty percent (30%) or greater shall be dark brown or black vinyl coated chainlink fence to blend in with the native landscaping. The following types of fences shall be prohibited from thirty percent (30%) slopes: uncoated chainlink, masonry, block, wood, or other sight obscuring materials. All fences on lots within the overlay district shall conform to other fence regulations in respect to setback and height, as provided in the zoning ordinance. Other types and colors of fencing may be considered and approved by the planning commission if warranted.
Completion Of Improvements: All public improvements, utilities, and other on site or off site improvements required to be completed by developer or property owner prior to obtaining a building permit must be completed within eighteen (18) months from the effective date of final approval. In the interest of public health and safety concerns regarding erosion and flooding within sensitive hillside areas, the city council may, in its discretion require as part of final plat approval that all such improvements be completed within less than eighteen (18) months from the effective date of final approval. All on site and off site improvements shall be completed in accordance with the development site approval and applicable Morgan City ordinances.
Bond Or Bank Escrow Agreements: In addition to the provisions requiring the posting of a bond as set forth in the Morgan City subdivision ordinance, the developer or property owner will be required by the city council (as a condition to receiving a building permit) to guarantee the completion of revegetation projects, the stabilization of grading sites, cuts and fills and construction of storm water runoff facilities, and the construction of recreation space as required in this section. If such guarantee is required, it shall be in an amount equal to the cost of construction of such projects as determined by the city.
Earthquake And Natural Hazard Acknowledgment: All owners of lots in the sensitive lands district must sign an acknowledgment of hazards and risk associated with land use in this area prior to the issuance of a building permit for any dwelling or accessory building.
Approvals: "Approvals" as otherwise stated must be by a licensed engineer. The city has the discretion of submitting all plans, proposals, reports, etc., submitted pursuant hereto, to a governmental or private firm for an independent review. Said review will be at the developer's expense. If the result of the independent review is in conflict with the submitted plans, proposals, reports, etc., the issues may be submitted to a third party, acceptable to both the developer and the city, for a review. This review will be at the expense of the developer. This determination will be accepted by the parties if it comports with the city's codes and upon the reviewing entity's certification of the review. All development within the sensitive lands area shall be pursuant to the certified plans, proposals, reports, etc.
Map Required: All reports, where feasible, shall be reflected upon a map that will illustrate the requirements of this chapter and the proposed activity for the affected area. (Ord. 05-15, 8-9-2005)

HISTORY
Adopted by Ord. 23-14 Amendment to Title 10 Chapter 10.22 Section 10.22.050(F)(5) - Regarding Access Points in the Sensitive Lands District Ordinance on 11/14/2023

Type Of Development	Runoff Coefficient
Industrial and commercial	0.80 - 0.90
Residential	0.30 - 0.40
Parks	0.15 - 0.25
Agricultural	0.10 - 0.20