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North Ogden City Zoning Code

11-22

GRADING, DRAINAGE, AND DEVELOPMENT CONSTRAINTS

11-22-1: GRADING AND DRAINAGE STANDARDS

  1. Purpose and Intent. The purpose of this chapter is to establish minimum standards for grading and drainage to protect the health, safety, and welfare of citizens and property owners. Hillside views are an important feature that is protected by this ordinance.
  2. Applicability. These standards shall apply to all zones within North Ogden City.
  3. Procedural Regulations. The following table identifies the excavation and grading types, approval requirements, and the approving authority for excavation and grading activities.

    EXCAVATION AND GRADING
    Excavation and Grading Types
    		Approval Requirements
    		Approving Authority
    SWPPP
    		State Permit Required
    		PW Inspector
    Right of Way
    		City Right of Way Permit Required
    		PW Inspector
    ParcelDesign Plans Required
    		City Engineer
    SubdivisionDesign Plans Required
    		City Engineer
    Building Permit for Parcel or Subdivision Lot
    		Grading Plan Required
    		Building Official
    Brush Removal
    		Brush Removal Permit Required
    		City Engineer or Building Official
  4. Consistent with the provisions of this chapter, the following standards apply to making application for grading and excavation.
    1. SWPPP Permits. SWPPP permits are subject to the North Ogden City Public Works and State of Utah Standards. Approved SWPPP plans are required at the time of preconstruction meeting.
    2. Right of Way Permits. Right of Way permits are required to include any excavation within the public right of way or public easements.
    3. Parcel and Subdivisions are required to provide a rough grading plan at the time of application; to be reviewed by the City Engineer. A revegetation plan is required as part of preliminary plan review. The rough grading plan and revegetation plan shall be referenced on the final plat Mylar.
    4. Building Permits. A fine grading plan is required at the time of building permit application. The final grading plan must be consistent with the approved subdivision rough grading plan and revegetation plan and city drainage standards. (See Subsection B Applicability.)
    5. The City Engineer shall have the authority to waive any of these requirements as he / she sees fit for any lot which was in existence prior to June 1, 2018, and which does not have a rough grading plan already approved by the City. Any provision may be applied to any lot in the City if the City Engineer determines there is a health and safety issue which requires compliance.
    6. Brush Removal Permit. A rough grading plan that includes the size of the area to be impacted, the depth of excavation, and the extent of landscape grubbing shall be included with the brush removal permit. (Limited to disturbed areas in excess of 10,000 square feet.)
    7. Plan of Development. Prior to the issuance of a zoning clearance, a plan of development or rough grading plan shall be submitted to and approved by the City Engineer. Prior to development plan approval, the City Engineer may require that reasonable additional requirements as to grading, cut and fill, slope restoration, signs, vehicular ingress and egress, parking, lighting, setbacks of buildings, etc., to the extent that the noted purpose and objectives of this chapter are maintained and ensured.
    8. Application Requirements. In addition to the otherwise noted procedural and information requirements of this provision, all applications for a zoning clearance, subdivision approval, or rough grading plan approval shall contain the following materials and information.
      1. Site plan, prepared and stamped by a Utah registered land surveyor or engineer with the following information.
        1. A topographic survey at least ten feet (10') beyond the exterior property line of the site.
        2. Contour intervals not exceeding two feet (2') within twenty feet (20') of any proposed improvement and five-foot (5') intervals for the remainder of the lot or parcel.
        3. Scale of the site plan shall be not less than one inch equals twenty feet (1" = 20'). For large scale projects, the Planning Director may allow a different scale.
        4. If structures are proposed, show cross sections through site and building at twenty-five-foot (25') intervals perpendicular to slope, giving percentage of slope at each, and showing exact heights of structures at each existing contour.
        5. If structures are proposed, each floor level shall be shown with different shading with a legend giving grade or elevation of each level.
        6. If a garage is proposed, give proposed elevation or grade at garage floor and at existing street level at drive entry. Give percentage of total average slope, and percent and length of single steepest portion of driveway.
        7. List the individual square footage of buildings, garages, patios, footprint, disturbance area, buildable areas and, if applicable, pool.
        8. Include all disturbed (or graded) areas and show the proposed method of final treatment. Indicate all retaining walls, showing the actual and allowable heights.
        9. Show how drainage is altered, and if so, how it is redirected to original channel and show that the requirements regarding storm water runoff and drainage have been met.
        10. Show location of all proposed utility lines. (11) Give legal description, property dimensions and heading, along with the name, address, and telephone number of applicant.
      2. Elevations, to be submitted if structures are proposed.
        1. Show all exterior elevations, giving accurate existing and proposed grades lines. (Scale 1/4" = 1') Show total height of buildings and give height and total length of all retaining walls.
  5. Excavation and Grading.
    1. Parcel Excavation and Grading. Plan Required. Natural vegetation (oak brush, shrubs, and small trees) located outside the boundaries of a subdivision, shall be removed only when necessary for authorized construction, driveways, sidewalks, landscaping and like residential purposes. No person shall excavate or grade any site located within or outside the boundaries of a subdivision until and unless an excavation or grading plan has been reviewed by the City Engineer and the City Engineer has approved and issued a grading permit. All cuts and fills shall be made such that the resulting surface has an angle equal to or less than the natural angle of repose. The excavation or grading plan shall contain a revegetation plan providing for the revegetation of any cuts or slope disturbances and such revegetation shall be completed within one year of the surface disturbance.
    2. Subdivision Excavation and Grading. Properties within a subdivision are subject to the final plat conditions. Properties within a subdivision are also subject to the conditions in subsection E (1) at the time of issuance of a building permit.
    3. Brush Removal. Brushing (to remove grass, weeds, and other undesirable vegetation without the disturbance of soil to a depth greater than 1 foot in depth, which may present a potential fire hazard), requires a brush removal permit. This permit shall be required only for disturbed areas exceeding 10,000 square feet.
    4. Site Examination. Concurrent with the submission of an excavation or grading plan to the City Engineer, the building official or City Engineer may examine the site of the proposed excavation.
  6. Grading Standards.
    1. Grading Permit Requirement. There shall be no clearing or grading on, or to, any site that is different than the approved grading plan of the subdivision or other parcel of land (other than soil tests that are 100 square feet maximum in size or geological trenching done in conjunction with detailed geological investigations) prior to the issuance of a grading permit.
    2. Grading of all Un-platted Land. The extent of disturbance shall be in accordance with the grading limitations of Title 11 and Title 12.
    3. Total Disturbance. All grading and/or disturbance performed subsequent to December 1, 1999, or subdivision improvement grading, is considered to be cumulative under this title.
  7. Cut and Fill Standards.
    1. Importation of Fill Material. Except as exempted in the adopted international building code, the importation of fill material to a lot or parcel is prohibited unless a grading permit allowing such fill is first secured.
    2. Exportation of Excavated Material. Prior to the exportation of any material from a site, a proper final placement location for such material and an acceptable haul route must be identified in order to secure a grading permit to remove such material.
    3. Height of Un-retained Cut or Fill. If the natural grade or the subdivision finished grade if the property was platted or re-platted after December 1, 1999, is more than a twenty percent (20%) gradient, the maximum amount of un-retained fill or cut shall be four feet (4') above/below the natural grade, or subdivision grade if platted after December 1, 1999. Where the natural grade or the subdivision finished grade if the property was platted after December 1, 1999, has a gradient of twenty percent (20%) or less, the maximum amount of un-retained fill or cut shall be six feet (6') above/below the natural grade or the subdivision finished grade if the property was platted after December 1, 1999. When fill is placed on existing grades of 20% or more and the depth of the fill exceeds 5 feet, benching shall be provided. Such benching shall include a keyway of at least 10 feet in width and 2 feet in depth. Any fill or cut grading in excess of these amounts must be contained by retaining walls.
    4. Limitations on Cut and Fill. The height of any fill or the depth of any cut area, as measured from natural grade, shall not be greater than ten feet (10'), regardless of whether the fill or cut is retained, un-retained, or a combination thereof. The total combined height of any fill or the depth of any cut area as a result of subdivision improvement grading and/or any subsequent grading, including, but not limited to, grading approved as a part of building permit approval, shall not total more than ten feet (10'), as measured from natural grade.
    5. Maximum Slope of Fill Grading. Any un-retained fill slope, if allowed, shall have a maximum three feet (3') horizontal to every one foot (1') vertical fill, unless it is otherwise designed and stamped by an engineer licensed in the state and substantiated by recommendation of a geotechnical report.
    6. The slope immediately above or below a retaining wall may not exceed 4(H) to 1(V) unless it is otherwise designed and stamped by an engineer licensed in the state and substantiated by recommendation of a geotechnical report.
    7. Permanent cut slopes steeper than 2(H) to 1(V) or fill slopes steeper than 3(H) to 1(V) will require a retaining wall unless otherwise recommended by an engineering analysis and approved by the City Engineer. All recommendations must be stamped by an engineer licensed in the state and substantiated by recommendation of a geotechnical report. In no case shall an un-retained slope be left steeper than the natural angle of repose of the soil.
    8. Permanent cut or fill slopes cannot exceed a vertical height of 6 feet measured from the toe to the top of the cut or fill unless otherwise recommended by an engineering analysis and approved by the City Engineer. All recommendations must be stamped by an engineer licensed in the state and substantiated by recommendation of a geotechnical report. The toe or top of a cut or fill must be set back at least 15 feet from a structure’s foundation.
    9. When creating grading plans consideration should be given to provide sufficient space for equipment and personnel to access retaining walls in order to provide the maintenance of the walls and slopes.
    10. Restoration of Graded Surfaces. A revegetation process shall be completed as identified in the subdivision final plat requirements or within one and one-half (1 1/2) years if the grading took place in the front and side yards, and two (2) years if the grading took place in the rear yard of a certificate of occupancy or occupancy of the premises (whichever comes first), unless a specific exemption is granted by the City Engineer or designee. However, grading for drainage and erosion control purposes shall be completed prior to final inspection.
    11. Stabilization of Slopes. Slope stabilization can be required, if necessary, as set forth in the edition of the international building code that is adopted at the time the application for grading is made.
    12. Preexisting Grading. A grading permit or building permit shall not be conditioned on altering, modifying or not utilizing existing grading, if the existing grading work was completed in conformance with valid permits, and does not present a threat or danger to the proposed development or neighboring properties. This provision does not prevent the City Engineer from requiring necessary documentation of site suitability to assure soil stability, compaction, and other geotechnical purposes.
    13. Dust Control. During all grading, and until revegetation or site restoration is completed, dust should be minimized by application of approved dust control methods as approved by the city public works inspector or building official.
  8. Drainage.
    1. Maintenance of Continuity. The entrance and exit points and continuity of all natural drainage channels on a lot or parcel shall be preserved. Ponding of water shall not be permitted immediately above cut or fill slopes. Building sites must be designed to carry surface waters away from buildings and retaining walls. A drainage plan is required for all building permits that is consistent with the subdivision rough grading plan and revegetation plan.
    2. Erosion Prevention. Erosion controls should be constructed and maintained to prevent erosion of all slopes and graded areas. Surface drainage interceptors may be provided at the top of all cut and fill slopes where surface runoff will create erosion problems. Subsurface drainage facilities may be required for stability and protection of affected areas due to ground water seepage.
    3. Swale Grading. The minimum amount of swale grading necessary for drainage purposes is not subject to the restoration procedures of subsection G.10 of this section.
  9. Retaining Walls.
    1. Retaining walls in this section refer to walls that retain earth.
    2. Measurement of Height. For the following rules, wall heights are measured from the finished grade below the wall or wall system to the finished grade above the wall or wall system. The term “wall system” refers to tiered walls which will be considered collectively for review purposes.
    3. A building permit is needed to construct retaining walls that are over 4 feet in height measured from the finished grade below the wall to the finished grade above the wall. The building official may require a permit on shorter walls if they support a surcharge such as sloped earth, footings, vehicles, etc.
    4. When submitting for a building permit, a grading plan must be submitted showing retaining walls. This plan will be reviewed and approved by the building official. If the plan includes retaining wall heights that exceed 4 feet, then the plan must also include typical section views cut through the walls with dimensioned wall heights and distances from walls to structures, property lines and spacing between walls.
    5. Grading should be designed to divert surface water away from wall structures. Wall design should also include a system to collect and drain away any water that may collect behind the wall.
    6. Tiered Retaining Walls. Tiered walls must be separated horizontally by a distance that exceeds the largest adjacent wall height. Tiered walls with a horizontal separation less than this are not permitted even though they may be engineered and stable. Walls with a horizontal separation of more than twice the largest adjacent wall height are not considered tiered wall system and may be reviewed as separate structures. Tiered retaining wall systems will require a global slope stability analysis stamped by an engineer licensed in the state. Fencing that does not retain earth is not considered part of a retaining wall or retaining wall system and shall be subject to North Ogden’s fencing requirements.
    7. Any wall or wall system over four feet (4’) in height will need to be engineered and stamped by an engineer licensed in the state. The maximum retaining wall height shall be 11 feet.
    8. Walls 11 feet in height or less should be designed and constructed according to standard design and construction practices, manufacturer recommendations and published design charts. Regardless of the height of a retaining wall, the building official or City Engineer may require stamped engineered plans if it is suspected that the retaining wall needs additional engineering due to design requirements or environmental conditions. This may also be true for areas with a high-water table or poor soil conditions. Plans must be stamped by an engineer licensed in the state. Additional engineering may require a risk analysis if the wall were to fail. The risk analysis is to determine the potential loss of life or property damage. Performance of the risk analysis requirement is at the discretion of the City Engineer and/or Building Official.
    9. Gravity rock walls and gravity block walls cannot exceed 11 feet in height. Gravity rock walls or gravity block walls can be tiered to create additional height (i.e., they must be spaced horizontally by the height of the tallest adjacent retaining wall).
    10. Mechanically stabilized earth (MSE) walls such as Keystone with geogrid or other tie-back systems are permitted. Reinforced concrete cantilevered retaining walls are also permitted. These walls may be tiered, but any tier cannot exceed 11 feet in height.
    11. Rock or other coverings on a steepened slope (rockery) may be considered a retaining wall when the slope exceeds the maximum permanent cut or fill slope recommended by a geotechnical analysis. If a slope requires a rockery to be stable, then it is to be treated as a retaining wall.
    12. If these requirements are more restrictive than the standards found elsewhere in the ordinance, then these standards will apply.
HISTORY
Amended by Ord. 2022-25 on 11/22/2022

11-22-2: RESTRICTED LOT (R LOT) DEVELOPMENT

  1. Purpose and Intent. The purpose of designating or identifying an R lot is to minimize hazards relating to flooding, erosion, improper drainage, steep slopes, rock formations, adverse earth formations or topography, fault lines, water table, snow, mud and debris slides, and other environmental hazards; to protect percolation and natural drainage channels and recharge areas and the natural scenic character of hillside and other areas located within the city; to promote the safety, health and well-being of present and future residents of the city; and to ensure the efficient expenditure of public funds.
  2. Permitted Uses. With respect to an R lot, no property shall be used, and no building shall be erected or altered thereon so as to be arranged, intended or designated to be used for other than one or more of the following uses.
    1. A public recreational facility which will not significantly alter the natural form of the landscape
    2. Emergency equipment routes to provide essential emergency services such as fire control
    3. Single-family dwellings in approved subdivisions; provided, that the applicant can demonstrate conclusively to the Planning Commission, through the submission of a site design, that any hazards and limitations of the site can be overcome in such a manner as to prevent hazard to, among others, life or limb, hazard to property, adverse effects on the safety, use or stability of a public way or drainage channel, and undue adverse impact on the natural environment as described in CCNO 11-19-2
  3. Site Design Specifications. All site design elements are subject to the approval of the Planning Commission. The following guidelines shall be used to promulgate development which will be compatible with the natural character of the area upon which the R lot lies:
    1. The design of structures and site modifications shall demonstrate an effort to conform with the topography of the site rather than extensively alter the site to accommodate development.
    2. All developments shall comply fully with the provisions of site development standards ordained by the city.
    3. The design of structures and site modification shall protect the public from and not enhance the potential risk of natural hazards of storm water runoff and erosion by requiring, where necessary, manmade drainage facilities, minimal impact to natural drainage channels, and the minimal removal of natural vegetation.
    4. The threat and consequential damage of fire in hillside areas shall be minimized by establishing fire protection measures.
    5. Natural features, wildlife habitat and open space shall be preserved.
    6. Public access to mountain areas and natural drainage channels shall be preserved.
    7. Natural topographical features such as drainage channels, streams, ridge lines, rock outcroppings, vista trees, and other natural plant formations, shall be retained.
    8. Visual and environmental quality by use of natural vegetation and the prohibition of excessive excavation and terracing shall be preserved and enhanced.
    9. Cuts, fills and other visible scars will be considered and minimized to promote safety and aesthetics.
    10. A variety of development designs and concepts that are compatible with the natural terrain of the sensitive area will be encouraged and open space and natural landscape will be preserved.

11-22-3: DEVELOPMENT CONSTRAINTS

  1. Purpose and Intent. The purpose of this chapter is to establish minimum standards for grading and drainage to protect the health, safety, and welfare of citizens and property owners.
  2. Applicability. These standards shall apply to zones within North Ogden City.
  3. Studies Required. Prior to any development or any grading activity within this zoning district, the developer or landowner shall provide site specific studies addressing the geomorphology, geology, faults, hydrology, slopes, soils, recharge, vegetation and wildlife, fire, and utility and parks constraints of the site. No development shall take place in any area where development hazards are identified, without mitigating measures, as proposed, designed and certified by the developer's engineer, taking place that will overcome or protect the area from the identified hazards. These measures must be acceptable to the city council. The city council shall not approve any development proposals until it receives a recommendation of the Planning Commission and city staff. However, if the city believes it is appropriate, the city may still conduct an independent review of the property. By submitting plans and specifications to the city, the developer agrees to allow the city's engineer, surveyor, or other agents onto the property to conduct further reviews.
    1. Determinations. The studies shall make the following determinations:
      1. Whether the site has constraints to development that are too hazardous to be developed and therefore should not be developed
      2. What areas of the site can be developed if mitigating measures are taken and the identification of the mitigation measures
      3. What areas of the site have no hazards to development
  4. Sensitive Areas. Development in the sensitive areas shall take place only after the developer's engineer certifies and the city accepts the developer's engineer's conclusion, that development in such areas is safe. However, if the city believes it is appropriate, the city may still conduct an independent review of the property. By submitting plans and specifications to the city, the developer agrees to allow the City Engineer, surveyor, or other agents onto the property to conduct further reviews.
  5. Minimum Building Area Without Development Constraints.
    1. There shall be a minimum of ten thousand (10,000) square feet of buildable area on each lot or parcel.
    2. The entire building area shall be free of any development constraints. None of the development building area shall be located in an area where development hazards are identified, without mitigating measures, as proposed, designed and certified by the developer's engineer, taking place that will overcome or protect the area from the identified hazards.
    3. Each development area or buildable area must be a contiguous area not less than eighty feet (80') continuously in width and one hundred feet (100') continuously in depth.
    4. If the development area is not adjacent to the public street, it shall be accessible to the public street with an access way that is a minimum of thirty feet (30') wide from the public street to the development area. The access way shall be developed in conformance with the grading standards specified in this chapter.
  6. Development on natural slopes steeper than 20% shall be prohibited without a request for and approval of a variance submitted to the City including engineering recommendations from a certified and licensed engineer and subject to approval of the City Engineer. Any such approved variance, including any additional engineering to accommodate slope development, shall become an enforceable requirement for any development, construction, excavation, or other activity on any such slope.
    1. Natural slope is considered to be existing undisturbed terrain.
    2. These sloped areas shall remain undisturbed even though they may be part of a subdivision lot except as authorized by any approved variance permitting development or other construction activities on any natural slope in excess of 20%.
    3. Any area of a lot in excess of 20% natural slope shall not be included when the minimum lot area is calculated for the zone in which the subdivision is to be developed if no variance to this slope restriction has been granted.
    4. Conditional Use Permit shall be required to cross these areas with street improvements.

2022-25