A.   The smelter site overlay district (SSOD) will be remediated consistent with the related remedy for the protection of future users at the site, surrounding neighborhoods, and the environment.

   B.   The site cleanup is consistent with the proposed future site development plans, long term management of the site, and goals of enhancing the site.

   C.   Appropriate measures establishing public and private institutional controls assure that any remaining risk on the site will be managed to ensure appropriate land uses and future maintenance of caps and barriers.

   D.   Procedures to assure appropriate uses and management of development on the site in the future are necessary to protect the public health and the environment, as well as the tax base of the city. (Ord. 07-30 § 2)

It is the purpose of the overlay regulations to promote public health, safety, and general welfare through redevelopment of the site, while minimizing public and private exposure to risks by:

   A.   Ensuring appropriate uses are allowed on the site while still encouraging redevelopment of the land;

   B.   Providing flexibility to property owners to create redevelopment plans for the site and phasing of development consistent with remediation plans;

   C.   Creating barriers in a timely manner during development so as to avoid inefficiencies in construction of temporary barriers;

   D.   Providing for future redevelopment and changes in uses on the site while ensuring long term protection of the caps and barriers on the site;

   E.   Assuring cohesive development within the boundaries of SSOD, regardless of separate ownership and timing of development, including cohesiveness in site planning, landscaping, relationship of building masses, public access areas, signage, public and private infrastructure including drainage plans, streets, pedestrianways, and public amenities throughout the overlay district by requiring all proposals to be subject to the PUD development plan requirements, chapter 17.60 of this title; and

   F.   Assuring monitoring and maintenance plans are prepared and followed for the overlay district. (Ord. 07-30 § 2)

The area bounded by 5300 South Street to the south, State Street to the east, Little Cottonwood Creek to the north, and the west set of Southern Pacific Railroad tracks to the west. (Ord. 07-30 § 2)

   A.   The requirements of SSOD shall be supplemental to and not in lieu of the applicable zoning provisions of the use district in which the land is located. Property located within SSOD shall be developed only in conformance with provisions set forth herein. Permitted and conditional uses allowed in SSOD shall be developed only in conformance with the provisions set forth herein. All uses involving development shall further meet the supplemental conditions and standards set forth in this chapter.

   B.   Notice shall be given to all property owners whose property lies within the overlay district by the city upon the adoption hereof. The city recorder shall record notice of adoption with the Salt Lake County recorder that said property is subject to the regulations of this chapter. (Ord. 07-30 § 2)

   A.   Applicability: This chapter shall apply to all lands within the designated boundaries of the SSOD as identified in section 17.25.030 of this chapter.

   B.   Basis For SSOD: The U.S. EPA has identified the boundaries of the areas of potential impacts from the former smelting operations which are subject to remediation and future site management.

   C.   Compliance: No structure or use of land within the SSOD shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations.

   D.   Disclaimer Of Liability: This chapter shall not create liability on the part of the city, the U.S. EPA, or the state of Utah, or any officer or employee thereof, for any damages resulting from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 07-30 § 2)

   A.   Establishment Of Development Permit:

      1.   A development permit shall be obtained before demolition, excavation, construction, or change in use, as defined by the adopted code or in this title, within any area of the SSOD.

      2.   Application for a development permit shall be made on forms furnished by the Community and Economic Development Services Division who shall have the responsibility to review and issue said permit if appropriate. An application conference shall be required between the applicant, applicant's engineer, City Attorney, City Engineer, a Chief Building Official, and the Community and Economic Development Services Manager to review the nature of conditions for development on the site.

         a.   Use Change: For a change in use request within an existing building, the City Attorney's Office shall determine if the use meets the criteria identified in this section. If the City Attorney's Office determines that the request does meet the criteria, approval shall be granted as evidenced by the signature of the City Attorney or City Deputy Attorney on the application. No other action under this section shall be required and the applicant may proceed with the normal required building permit procedures for conversion of a building. If the City Attorney's Office determines that the use does not meet the criteria, the applicant may present to the City Attorney further evidence for the use or the actions that will be taken to render the use acceptable within the intent of the SSOD, as described in section 17.25.020 of this chapter.

         b.   Construction And Development Criteria:

            (1)   For any proposed construction which involves disturbance of the soil or excavation of subsurface materials, the applicant shall refer to the final remediation map available in the City Planning Office and Community Development Services (showing the locations of all cap and barrier areas of the site as well as locations of concentrations of category II, III and IV materials). Excavation or breaks in the cap over the category II material is prohibited. Based on the information on this map, the applicant shall submit a plan illustrating proposed construction and development.

            (2)   Preliminary and final site plans of development as required by section 17.60.040 of this title shall be submitted for review and approval by the Planning Commission. The minimum size for a PUD as specified in section 17.60.030 of this title is waived and not applicable in the SSOD.

            (3)   Grading and drainage plans are required and shall specifically assure the protection of the caps or barrier from surface runoff or increased percolation of water into the ground water aquifer.

            (4)   A proposed monitoring and maintenance plan shall be provided by applicant to assure all caps and barriers on the proposed development site will be maintained in a manner consistent with the requirements of this chapter and assuring minimum opportunity for human exposure to subsurface soils or increased flows of ground water into the underlying aquifer. A model monitoring and maintenance plan to guide applicants in preparation of their plan shall be available in the City Engineer's Office.

            (5)   All subsections of section 17.60.040 of this title shall apply to the review and approval of proposals for development in the SSOD. Approval shall be based on protection of the remediation and the harmonious development across the district of the architectural elements, site planning, landscaping, signage and building relations which enhance and complement the public and private investments. Individual projects which occur after the initial development of the site shall occur in a manner that complements and supports the original concept. If more than thirty three percent (33%) of the site is proposed for change, a new design concept may be approved. Public areas of landscaping and streetscape proposed at the time of enactment hereof must be reviewed by the Planning Commission to assure a coherent design continues.

            (6)   The provisions of section 17.60.060 of this title are specifically excluded for purposes of this section.

            (7)   All submittals required by this chapter shall be delivered to the Public Works Department (4 copies) and City Attorney's Office (2 copies).

            (8)   Notification of such activities shall be given to the City and EPA at:

Murray City Corporation

Attn: Public Works

4646 South 500 West

Murray City, UT 84123

Murray Smelter Remedial Project Officer - EPR-SR

U.S. Environmental Protection Agency, Region VIII

Mail Code E & F-L

999 18th Street, Suite 500

Denver, CO 80202-2466

   B.   Excavations:

      1.   Cuts into barriers may be allowed only in accordance with this section. A permit shall be required for all public or private agencies (public works, telephone, cable, sewer/water utility departments, gas or electric utilities, etc.) who wish to repair, install, access, or cross barriers over category III materials. The City Attorney's Office, in coordination with the Public Works Department, shall review and approve in writing all applications for permits to assure that proper control and disposal of excavated subsurface material will occur. The applicant, on an application form provided by the City, shall identify the purpose of the excavation, how the opened area will be protected from access while the cut is open, how excavated materials will be handled to prevent their erosion by wind or water, how the excavated material will be disposed of (e.g., backfilling the cut, off site disposal at an approved location for the material, etc.), and the specifications for the replacement of the barrier.

      2.   Cuts into caps over the category II soils are prohibited. If, due to some inadvertent action, a break in the cap occurs, the City and the EPA shall be immediately notified. Any replacement of the cap shall meet the original criteria. Interim actions shall be taken by the City to prevent access to the exposed materials until the cap can be replaced.

      3.   If subsurface soils are exposed or stockpiled on the site for more than twenty four (24) hours, the applicant shall identify how the soils will be protected from wind/water erosion and prevent public access. Fencing shall be a minimum requirement to prevent access to exposed or stockpiled soils. If subsurface soils are to be permanently displaced, the applicant shall identify where on site the soils will be disposed and the type of barrier to be placed over those soils. No subsurface soils identified as category III materials shall be disposed of off site unless a party complies with the appropriate off site rule as set forth in the Code of Federal Regulations.

      4.   Excavations including category IV material must not occur until a minimum health safety plan has been prepared and approved by the City. Such plans shall contain, at the minimum, treatment of air quality, dust suppression and disposal location(s). No category IV material shall be deposited on the surface of the ground.

   C.   Water Supply: Water supply in the Overlay District shall be from the City's culinary water system. Use of existing wells or creation of new wells is prohibited in the SSOD after the effective date hereof. Monitoring wells are excluded from this prohibition.

   D.   Storm Drainage: Drainage plans shall be required for all developments, whether an individual building permit, subdivision or resubdivision, or planned unit development. The runoff on a site shall not adversely affect the caps or barriers within the SSOD. The drainage plans shall ensure erosion or undercutting of caps or barriers does not occur. All drainage shall be directed to the City's storm drain system. Easements and infrastructures may be required on private grounds to assure proper drainage occurs. Any on site storage of stormwater runoff, as part of a drainage system, shall be on impermeable surfaces. The objective of this section is to reduce percolation of water into the SSOD's ground water aquifer, as well as control erosion of the caps and barriers. All wetlands shall be protected from surface runoff unless otherwise specified in the selected remedy plan. (Ord. 18-06: Ord. 07-30 § 2)

With the following conditions, limitations, and exceptions, all permitted and conditional uses allowed in the C-D District shall be permitted in the SSOD.

   A.   C-D permitted and conditional uses, provided all outdoor storage and parking areas are paved with impermeable materials; and

   B.   C-D conditional uses not permitted:

 

 

   C.   Notwithstanding the foregoing, the current heavy industrial uses of the property within the site boundaries which are conducted on Sidwell parcels 21-12-455-003 (currently occupied by Ash Grove Cement) and 22-07-301-014 and 22-07-301-005 (currently occupied by W.R. White Company) are allowed as legal uses, and those uses may be restored, reconstructed, extended, altered, expanded or substituted in conformity with this chapter.

   D.   Notwithstanding the uses permitted by the underlying zoning district, or by this section, residential uses shall not be allowed in the Smelter Site Overlay District. (Ord. 09-14 § 2)

   A.   Those aggrieved by a determination made pursuant to this chapter may appeal such decisions to any court of competent jurisdiction within thirty (30) days from the date of determination.

   B.   Variances of approved land uses to permit residences or outdoor industrial activities which require workers to be exposed to surface soils for extended periods shall not be permitted.

   C.   Variances to permit access to and use of ground water shall not be permitted. (Ord. 07-30 § 2)

   A.   Periodic Inspections: City inspectors shall inspect construction sites periodically to ensure compliance with the approved plans including the requirements of this chapter.

   B.   Semiannual Inspections: At a minimum, there will be a semiannual inspection of all caps and barriers within the SSOD to assure their condition continues to meet the standards outlined in this section. If failure of portions of the caps or barriers is noted, the property owner shall have thirty (30) days to repair or replace the problem. After such time, the City shall have the power to cause the repair or replacement and charge a lien against the property for reimbursement plus a fifty percent (50%) penalty cost or take whatever other legal action is deemed appropriate to assure the integrity of the caps or barriers is maintained. Following significant severe precipitation or runoff and seismic events, the City shall also inspect the caps and barriers to assess any potential damage or repair needs. (Ord. 07-30 § 2)

Any person, firm, or corporation whether acting as owner or occupant of the premises involved, or contractor, or otherwise, who violates or refuses to comply with any of the provisions of this title, shall be guilty of a Class C misdemeanor and, upon conviction, shall be punished as provided by law. A separate offense shall be deemed to be committed on each day an offense occurs or continues. (Ord. 07-30 § 2)