Sensitive lands, as identified in the General Plan maps and the Sensitive Lands Overlay (SLO) Zone, (see section 13.4.15), require careful review to ensure that the lands remain protected from adverse development impacts which could affect wildlife, wetlands, riparian areas, water quality, and other natural features. Upon field inspection, sensitive lands may extend beyond the boundaries of current maps and will require compliance with this Title and the General Plan to provide adequate information for decisions and proper mitigation measures as a condition to development approvals. This Chapter provides standards, guidelines and criteria having the effect of minimizing flooding, erosion and other environmental hazards and protecting the natural scenic character of the hillside areas and ensuring the efficient expenditure of public funds. The standards, guidelines and criteria established by this chapter are in addition to all other development regulations of this Title and shall include, but shall not be limited to, the following:

1. The protection of the public from natural hazards of stormwater run-off and erosion by requiring properly designed drainage facilities and the minimal removal of natural vegetation and disturbed ground.
2. The minimization of the threat and consequential damages of fire in hillside areas and river wooded areas by establishing adequate fire protection measures.
3. The preservation of natural features, wildlife habitat, wetlands, riparian areas, watercourses, water quality, and open space.
4. The preservation of public access to mountain areas and natural riverways and drainage channels.
5. The retention of natural topographic features such as drainage channels, streams, ridge lines, rock outcroppings, vistas, trees and other natural plant formations.
6. The preservation and enhancement of visual and environmental quality by use of natural vegetation and the prohibition of excessive excavation and terracing.
7. The assurance of an adequate transportation system for the total hillside area to include consideration of any approved Master Street Plan of the city. This system design will consider densities and topography with minimal cuts, fills or other visible scars.
8. The establishment of on-site and off-site traffic facilities that ensure ingress and egress for vehicles including emergency vehicles into all developed areas at any time.
9. The encouragement of a variety of development designs and concepts that are compatible with the natural terrain of the sensitive areas and will preserve open space and natural landscape as outlined in the C.E.D.A.R processes of the Oakley City General Plan and this Chapter.
10. The establishment of land use management criteria that will encourage protection of natural elements while allowing a harmonious and satisfying residential environment.
11. The encouragement of location, design and development of building sites or envelopes to provide maximum safety and human enjoyment while adapting the development to the best use of the natural terrain.
12. The encouragement of the use of creative design teams composed of professional landscape architects, engineers and others.
13. The encouragement of a regard for the view of the hillsides as well as a view from the hillsides.

As used in this chapter: "Development Site" shall mean and include the total perimeters of: A subdivision, as defined elsewhere in this Title. A tract, lot or parcel of land intended to be used as a commercial, public, quasi-public, utility or other building site. ''Natural Vegetation" shall include but not be limited to: orchards, trees, shrubs, non-native and native grasses and forbs, and perennial growth. "Institutional Buildings" shall include, but not be limited to: churches, schools, hospitals, public and quasi-public buildings. "Impervious Materials" shall mean matter that is impenetrable by moisture. "Gross Acreage" shall mean the total area of the development, including all rights of way and other nonresidential uses. "Net Residential Acreage" shall mean all land within a development site devoted exclusively to a residential use. "Usable Land" shall mean that contiguous parcel of natural land and/or compacted (engineered) fill, as permitted by this Title or the Uniform Building Code, included within the lot, no part of which has a slope exceeding thirty (30) percent. “Open Space” shall mean that land designated and approved as deed restricted open space on the development site plan.

Jurisdiction of Sensitive Lands Overlay Zone: The provisions of this chapter shall apply to all lands in the city which lie within the area designated as the "Oakley City Sensitive Lands Overlay (SLO) Zone". Said map is attached hereto and incorporated herein by reference. Regulations of this chapter may apply to an area outside of the mapped Overlay Zone if the city planner determines that the environmental conditions of the subject area qualify it as a sensitive lands area. All approved subdivision plats that lie within the area designated as the "Sensitive Lands Overlay (SLO) Zone" shall be recorded as so and shown on the lots.

1. Effect of Provisions. This chapter makes additional provisions to those set forth elsewhere in this Code, as amended. In the event of conflict between such additional provisions and the provisions of this chapter, the more restrictive provisions shall apply.
2. Application to Previous Developments. The provisions of this chapter shall have no application to any development or other construction project which has been granted preliminary approval prior to the effective date of this Code.
3. Application to Project. Any new subdivision of any lot quantity or development project which encompasses wholly or partially any Sensitive Lands as defined or determined by this chapter must be processed under this Title as a Master Planned Development (MPD).
4. Defined Building Envelopes. All subdivisions and developments located within the Sensitive Lands Overlay (SLO) Zone or determined to contain sensitive lands must show on the plat a defined and surveyed and permitted building pad or envelope for each residence or structure. This delineation must clearly identify the permitted building(s) area(s) as well as any ancillary disturbed land for landscaping purposes, etc.

Residential lot sizes allowed within the Sensitive Area Overlay Zone shall be the same as that allowed by the underlying zone. The maximum number of dwelling units permitted within a development or that portion of the development located within the sensitive overlay zone shall be determined by the average slope of each approved building envelope designated on the land within the development according to the following schedule. The reduction in density shown herein applies to the total density, after any bonus density has been calculated and approved by the City as per Appendix B.:

1. No reduction in density of the underlying zone plus any bonus density approved for building envelope areas having a slope of twenty (20) percent or less.
2. Fifty (50) percent reduction of the base density of the underlying zone plus any bonus density approved for building envelope areas having a slope of more than twenty (20) percent but less than thirty (30) percent. For example, in a proposed 10-lot subdivision with four (4) building pads on lots with a slope of between twenty (20) and thirty (30) percent, only two would be buildable, reducing the approved subdivision density to eight (8) lots.
3. Development is not allowed for slopes over thirty (30) percent, nor shall any density credits as per Appendix B be given for slopes of more than thirty (30) percent.
4. The determination of slope within a development shall be based upon a detailed slope analysis. The slope analysis shall be conducted using an on-site slope survey performed by a registered land surveyor. Contour maps prepared by the U.S. Geological Survey or contained within the most recent General Plan or other more detailed contour maps may be used when approved by the planning department and city engineer. Slope maps in the General Plan should be used for preliminary planning purposes only.

1. Maximum Impervious Material Coverage. The maximum impervious material coverage that shall be allowed upon lots;
   1. Upon which single family dwelling units are located for lots less than twenty thousand (20,000) square feet shall be thirty (30) percent of the total lot area or five thousand (5,000) square feet, whichever is smaller, including dwelling units, accessory buildings, patios, and driveways.
   2. Upon which single family dwelling units are located for lots sizes twenty thousand (20,000) square feet and greater shall be fifteen thousand (15,000) square feet, including dwelling units, accessory buildings, patios, and driveways
   3. For multi-family dwellings, commercial, industrial, institutional, and accessory structures shall be determined during site plan review, and approved by the planning commission to a maximum of fifty (50) percent impervious material coverage.
2. Usable Land. Single family dwelling structures shall be located only upon areas constituting usable land, which area shall be fully contiguous and shall be at least five thousand (5,000) square feet in size, and shall have a minimum dimension, either length or width, of fifty (50) feet.
   1. Location of a dwelling structure shall not be within an average of twenty (20) feet (no point being closer than ten (10) feet) of a continuous hillside slope (upslope or downslope) of thirty (30) percent or greater. The Engineering Department may require greater setbacks from the slopes based on unusual circumstances.
   2. Single family dwelling structures shall be set back no further than two hundred fifty (250) feet from a public road or private right-of-way.
   3. All other buildings, including clustered single family, multi-family, commercial, industrial, institutional, and accessory structures shall be located upon usable land, as may be determined through site plan review.
   4. No buildings shall be located on a ridge line, nor shall any roof line extend above said ridge lines.
3. Trails upon Hillsides. A trail may be constructed to access upper/lower portions of residential property subject to the following conditions:
   1. That no cut or fill of the hillside be in excess of two (2) feet. All cuts or fills shall be properly retained or restrained against erosion.
   2. That the trail follows a meandering course, and not use a direct line pathway to the desired location. Where possible, the trail should follow the natural contours of the hillside.
   3. That the trail be landscaped with native materials.
   4. That prior to construction and/or hillside cuts, the trail plan be submitted to the Planning Department Director and city engineer for review and approval.

1. 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 Oakley City Sensitive Area Overlay Zone.
   1. The Planning Department may approve building permits for subdivision lots platted in prior to the adoption of the current Sensitive Area Overlay Zone. Staff shall use those Hillside regulations in effect at the time the subdivision was platted to determine setback distances from areas of thirty (30) percent slope. The following information shall be submitted to the planning office before city staff may approve a building permit:
      1. Submittal by the applicant of a geotechnical report (prepared by a professionally licensed engineer or other qualified individual) that would establish the following:
         1. The depth of virgin soil below grade; and
         2. Soil compaction and stability; and
         3. Rock fall and debris flow potential.
      2. Submittal by the applicant of a plot plan to include the following information:
         1. Home location; and
         2. Contour lines at two-foot interval; and
         3. Retaining walls, if determined necessary by the Oakley City Engineering; and
         4. Vegetation types and locations.
      3. The plot plan shall be accompanied by a cross-section showing the information required in subsection B above and driveway slope and slope percentage for each change in slope.
      4. All requirements of the current Development Code such as driveway slopes and cuts and fills shall remain in force.
2. Drainage and Erosion. The area of the watershed shall be used to determine the amount of stormwater runoff generated before and after construction.
   1. The "Rational Method" or other 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 (c.f.s.) C = Coefficient of runoff or the portion of stormwater, which runs off a given area. The following ranges for "C" value are typical examples. The actual "C" value used shall be approved by the city engineer. Type of Development Runoff Coefficient: Industrial & Commercial .80 - .90 Residential .30 - .40 Parks .15 - .24 Agricultural .10 - .20 I = Average rainfall intensity during time of concentration for twenty-five (25) 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. Lots shall be arranged so as to ensure adequate setbacks from drainage channels. The one hundred (100) year storm shall be that basis for calculating setbacks. No structures shall be allowed in the one hundred (100) year floodplain.
   3. Facilities for the collection of stormwater runoff shall be required to be constructed on development sites and according to the following requirements.
      1. Such facilities shall be the first improvement or facilities constructed on the development site, with the exception of sewer and water lines.
      2. Such facilities shall be designed so as to detain safely and adequately the maximum expected stormwater runoff for a twenty-five (25) year storm, not to exceed .2 cubic feet per second per acre or at a low rate or at a rate not 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 stormwater runoff flow periods.
      3. Such facilities shall be so designed as to divert surface water away from cut faces or sloping surfaces of a fill.
      4. The existing natural drainage system will be utilized, as much as possible, in its unimproved state.
      5. Where drainage channels are required, wide shallow swales lined with appropriate vegetation shall be used instead of cutting narrow, deep drainage ditches.
      6. Flow retarding devices, such as detention ponds and recharge devices, shall be used where practical to minimize increases in runoff volume and peak flow rate due to development. Areas which have shallow or perched groundwater or areas that are unstable must be given additional consideration.
   4. Construction on the development site shall be of a nature that will minimize the disturbance of vegetation cover, especially between October 15 and May 1 of the following year.
   5. 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 stormwater erosion during and after construction shall be contained in the Grading and Drainage Report described in section 11.6.B.
3. Vegetation and Revegetation:
   1. All areas on development sites cleared of natural vegetation in the course of construction of off-site improvements shall be replanted with re-vegetation which has good erosion control characteristics.
   2. New planting shall be protected with mulch material and fertilized in conjunction with the planting and watering schedule described in (5) below.
   3. The use of persons or firms having expertise in the practice of re­ vegetation (i.e., licensed landscape architects or nurserymen) shall supervise the planting and installation of re-vegetation cover.
   4. Vegetation shall be removed only when absolutely necessary, e.g., for the construction of buildings, roads and filled areas.
   5. After the completion of off-site improvements vegetation shall be planted in a mixture of plant materials; i.e., trees, shrubs, grass, and forbs. Native plant materials are preferred.
   6. No vegetation shall be removed on a continuous hillside, crest (upslope or downslope) or a slope 30% or greater unless otherwise determined by the planning commission upon recommendation of the Engineering Department for uses such as trails and open space improvements. Any revegetation of such a hillside shall have the approval of the Engineering Department.
   7. Topsoil removed during construction shall be conserved for later use on areas requiring vegetation or landscaping; i.e., cut and fill slopes.
   8. All disturbed soil surfaces shall be stabilized or covered prior to the fifteenth (15th) day of October. If the planned impervious surfaces (i.e., road, driveways, etc.) cannot be established prior to October 15, a temporary treatment adequate to prevent erosion shall be installed on those surfaces. Said treatment shall be approved by the city engineer.
   9. The property owner and/or developer shall be fully responsible for any destruction of native or applied vegetation identified as necessary for retention and shall be responsible for such destroyed vegetation. They shall carry the responsibility both for employees and subcontractors from the first day of construction until the final acceptance of improvements. The property owner and developer shall replace all destroyed vegetation with varieties of vegetation approved by the planning commission. The property owner shall assume co­-responsibility with the developer upon purchase of the lot.
4. Geology:
   1. No structures shall be built on any zones of deformation with respect to active faults that the city has identified. Off-site improvement design will be approved by the planning commission.
   2. No structures or off-site improvements shall be allowed on any active landslide area.
   3. Problems associated with development on or near perched groundwater and shallow groundwater must be mitigated in a manner as approved by the planning commissioNo structures shall be allowed in any rock fall zone. Off-site improvements may be allowed through special approval by the planning commission.
5. Fire Protection:
   1. Areas without a recognized water supply shall meet special requirements, on an individual basis, as established by the South Summit Fire District, the International Fire Code and the planning commission.
   2. Each development site and building permit for lots where the front setback is greater than 50 feet, shall be reviewed by the South Summit Fire District to see that it complies with the International Fire Code, Section 503 Access Roadways for Fire Apparatus. Access requirements shall comply with the ordinances of Oakley City.
   3. Spark arresters shall be installed in every fireplace constructed indoor or outdoor. Screen openings in such arresters shall not be in excess of ___ inch diameter.
   4. Development adjacent to public lands shall provide access for fire protection vehicles and equipment.
6. Grading— Cuts and Fill:
   1. Exposed unstable surfaces of an excavation or fill shall not be steeper than one (1) vertical to two (2) horizontal.
   2. All permanent fill shall be located so that settlements, sliding, or erosions shall not damage or cover streets, curbs, gutters, sidewalks or buildings.
   3. The top and bottom edges of slopes caused by an excavation or fill up to ten (10) vertical feet shall be at 3 horizontal feet from the property line or public right-of-way lines.
   4. The maximum vertical height of all cuts or fills shall be ten (10) feet.
   5. 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.
   6. No grading, cuts, fills, or terracing will be allowed on a continuous hillside, crest (upslope or downslope) or a slope of thirty (30) percent or greater.
7. Public road or private right-of-way. Streets, roadways and private driveways shall follow as nearly as possible the natural terrain. The following additional standards shall apply:
   1. At least one (1) ingress and one (1) egress routes shall be provided for each subdivision of 8 lots or over, unless there is a crash gate or the extension of a future stub street that will provide additional access.
   2. Points of access shall be provided to all developed and undeveloped areas for emergency and firefighting equipment. Driveways located upon each lot extending from a public road or private right-of-way shall have sufficient width and design to admit and accommodate firefighting equipment (comply with all city engineering Standards).
   3. Cul-de-sacs shall not exceed sixty hundred (600) feet in length and shall have a turnaround with a back of curb line radius of at least fifty-five (55) feet. Stub streets that are longer than the width or length of any adjacent single lot or two hundred (200) feet, whichever is less, shall have a temporary turnaround at the end thereof.
   4. Centerline curvatures shall not be less than a one hundred (100) foot radius on any curved street pattern.
   5. Variations of the street design standards developed to solve special hillside visual and functional problems may be presented to the planning commission for consideration and approval. Examples of such variations may be the use of split roadways to avoid deep cuts, one-way streets, round-about, and modifications of surface drainage treatments, sidewalk design, non-paved road surfaces on private roads, or the extension of a cul-de-sac.
   6. Development sites which are located near canyon trails will provide access to those trails. Parking areas may be required by the planning commission at trail heads.
   7. Developments adjacent to public lands shall provide for access by fire protection equipment.
   8. The maximum amount of impervious surface for public roads or private right-of-way shall be twenty (20) percent of the entire development site.
   9. All streets or rights-of-way for vehicular traffic shall be subject to the following limitations:
      1. The maximum grade of such streets or rights-of-way shall be 8 percent.
      2. Roads shall be designed to meet the city road base, asphalt, and grading and compaction standards. 10. Roads and bridges shall be capable of supporting the imposed load of fire apparatus weighing up to 75,000 pounds.
8. Architectural Design:
   1. Buildings proposed for construction in hillside or canyon areas within the Oakley City Sensitive Area Zone shall be designed to be visually compatible with the natural beauty of the hillsides and canyons. The uses of building materials in colors that will blend harmoniously with the natural settings are encouraged. Such materials as natural woods, brick (earth colors) and stone are considered to be most appropriate.
   2. The planning commission shall review the design and specified exterior materials and colors for all structures other than single family dwellings. Building permits for such structures shall not be granted until building materials and colors have been approved by the planning commission.
   3. Innovative designs for single family dwelling units; e.g., earth­ sheltered dwellings with grass roofs, etc., may be allowed after approval by the planning commission and building department.
9. On-site Development. The property owner shall be fully responsible for making all improvements in accordance with the development site approval; e.g., drainage, erosion and vegetation constraints.
10. Bond. In addition to the provisions requiring the posting of a bond as set forth elsewhere in the ordinances of Oakley City, the property owner will be required to guarantee the completion of re-vegetation projects, the stabilization of grading sites, cuts and fill and construction of stormwater runoff facilities.
11. Fencing. All fences located on slopes of thirty (30) percent or greater shall be field fencing or dark brown or black vinyl coated chain link or wood pole fencing to blend in with the native landscaping. In no case shall the following types of fences be allowed: vinyl, masonry, block, wood or other sight obscuring material. Other requirements for fencing setback are contained in the individual zone regulations.

1. Review Process Standards. As an application is reviewed by the planning commission and city council, the findings of fact shall be listed and included in all application approvals or denials. The decision along with the findings of fact shall be forwarded to the applicant within fifteen (15) days of any action.
2. Approval by the City Council. Before a subdivision or a commercial development is allowed within the Oakley Sensitive Area Zone, approval must be first granted by the city council.
3. Single Family Homes. Before construction of a single-family dwelling on an individual lot not included as part of a development site or approved subdivision shall be allowed, approval must first be granted by the planning commission, in compliance with this section. The application shall contain information, plans and reports as are required by the planning commission.
4. Application to planning commission. All applications as required in this Section shall first be submitted to the planning commission for its consideration and recommendations. All site plans and/or reports as required in this Section shall be drawn to scale, not smaller than 1" = 100' and shall show topography at five (5) foot intervals. With respect to site plans and/or reports drawn to scale of l" = 50', said site plans and/or reports shall show topographical contours at two (2) foot intervals.
5. Engineering Calculations Made Available to the City. All engineering calculations performed and acquired pursuant to the provisions of the ordinances of Oakley City shall be made available to the Oakley City Engineer as a part of the review and approval process. The Oakley City Engineer shall then have access to the said engineering calculations in order to better advise the planning commission and city council with regard to further review and approval of a proposed development.
6. Conceptual Review. Conceptual review of development within Sensitive Land areas is intended to be a scoping process wherein development concerns and potential environmental hazards are evaluated. Additional information, studies, and reports may be required for preliminary approval, as may be determined by the planning commission. Conceptual Review by the planning commission does not presume any kind of approval or development right for the proposed project, in whole or in part. Only by the submission and review of the required reports for preliminary approval can development potential be ascertained. Steps within the approval process may be combined for projects within Sensitive Land area when they are more routine in nature and only when so approved by the planning commission.
   1. Subdivisions and Commercial Developments. All applications for development shall comply with the provisions of the ordinances of Oakley City. Conceptual approval must first be completed prior to application for preliminary approval. All applications for such review shall be accompanied by a plan drawn to scale. Applications for commercial developments shall be approved by a registered architect or engineer licensed to practice in the State of Utah.
   2. Site Plans. Site plans shall include, in addition to the above provisions, the following:
      1. A topographic contour map, tied to a land base survey, showing areas within the development site with slopes of less than ten (10) percent, areas between ten (10) and thirty (30) percent, and areas of greater than thirty (30) percent.
      2. The location of the proposed, subdivisions, cluster subdivision, or commercial development, in relation to abutting public roads or private right-of-way.
      3. The total acreage, number of lots and proposed total density and slope and slope district density for residential developments;
      4. The location and approximate size of the proposed lots;
      5. A general street location, width, and grade of all proposed streets and radii of any cul-de-sacs;
      6. Location of existing or proposed schools, churches, or parks;
      7. Location of known hazards (i.e., faults, drainages, rock fall, etc.) and the boundaries of the one hundred (100) year floodplain;
      8. Soil type and general description;
      9. Land use data; i.e., the amount of residential land, transportation land, etc., by acreage and percent;
   3. The planning commission shall consider said applications for subdivisions, or commercial developments. If the planning commission has a positive evaluation of the conceptual submittal they may allow the application to proceed with such conditions as may be deemed necessary to secure the purposes as set forth in this chapter.
7. Preliminary Approval. In addition to the information as required for preliminary approval for subdivisions, or commercial developments, in accordance with the ordinances of Oakley City, as the case may be, such additional information as set forth in this Chapter may be required for developments in the Sensitive Area Overlay Zone. All reports as submitted herein shall be prepared by persons or firms 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 field of practice.
   1. Soil Characteristics Report. Data regarding the nature, distribution and strength of soils within the project area; the soil report shall include:
      1. Unified classification of all solid soils with liquid limit, shrink­ swell potential and general suitability for development.
      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.
   2. Vegetation Report. An application shall include slope stabilization and a re-vegetation report which shall include:
      1. Location and identification (by species) 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 to retain and restrain the hillside against erosion.
      5. Analysis of the environmental effect 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. orientation is recommended for review.
   3. Geologic Conditions Report. An application 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 of characteristics of the geological materials which would have any potential impact upon the use of the site.
      3. Determination of groundwater characteristics.
      4. Depth to bedrock and geological evaluation.
      5. Written recommendations for construction of proposed improvements to avoid impact of any potential geologic hazards.
   4. Grading and Drainage Report. The application for preliminary approval shall include a stormwater management and erosion grading plan (see 13-15-9 below) on the methods by which surface water, natural drainages, flooding, erosion and sedimentation loss will be accommodated during and after construction. The plan shall include the following information:
      1. Grading Plan. The grading plan shall show present topography, tied to a land base survey, 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 two feet or less. Access or haul road location, treatment and maintenance requirements shall be included.
         
         Depending upon the slope and complexity of a development within the Sensitive Area Overlay Zone, the planning commission may require proposed lots and/or streets to be staked for field Inspection before plat approval.
      2. Generally 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.
      4. Calculations and Details. All calculations and proposed details used for design and construction (of debris basins, impoundments, diversions, dikes, waterways, drains, culverts and other water management or soil erosion control measures) shall be shown.
         
         Calculations shall employ predictions of soil loss from 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 covers; grass, woodland, crop, pavement, etc.
   5. Other Reports. Depending on the proposed location of the project, the application for preliminary approval may also be required to provide reports with detailed findings and plans as follows:
      1. High water table analysis as detailed in 13-15-8 below.
      2. Alteration or relocation of natural waterways as detailed in 13-15-10 below.
      3. C.E.D.A.R. reports and plans as detailed in 13-15-11 below.
      4. Wetland, riparian, and watercourse regulations as detailed in 13-15-12 below.
8. Final Approval:
   1. The final application filed with the planning commission shall be an application for final approval. Such application shall include the information required and shall be considered in the manner established by the provisions of the ordinances of Oakley City as they pertain to the proposed development.
   2. Application for final approval shall include with the improvements drawings, spot elevations on all lot corners or contour grading plans of all lot frontages. The scale will be the same as the improvement drawings.
9. Construction, Grading and Contour Map and Issuance of Building Permits: There shall be no construction, development or grading upon the development site until final approval has been granted, as provided in this Section. Before the construction of single-family dwelling units upon lots shall be allowed, a plot plan drawn to a scale (at least 1"= 1O') for such lots shall be submitted to the planning commission or the designated representative, which plot plan shall show lot lines, existing and proposed contours at two-foot intervals, location of proposed single family dwelling units, walks, driveways, patio areas. The plot plan will also show vegetative, drainage, and erosion controls and such plot plan shall be attached to the building permit.

In areas that are known for the potential of groundwater impacts, a groundwater investigation shall be made by a geotechnical engineer and provided to the city for review with the application for final plat approval to include the following:

1. What mitigation measures should be taken to assure that homes will be protected from potential groundwater impacts, including a proposed method of groundwater disposal to be reviewed and approved by the city engineer or his/her designee.
2. The developer shall provide groundwater information to each lot purchaser/owner and disclosure the information on the plat.
3. Due to the high-water tables in Oakley City basements are strongly discouraged. Plats in high water table areas shall have a warning printed on the plat stating that basements are strongly discouraged, and that the city of Oakley assumes no responsibility or liability for damage done by high water tables to basements.
4. Any proposed or existing drainage plans for high water table areas are prohibited from using sump pumps, French drains, or other like devices which drain into the sanitary sewer system.
5. If irrigation ditches cross through the proposed property, the developer will be required to determine water table during irrigation season. It will be up to the developer to consult with the appropriate Ditch Company during all stages of development.
6. Groundwater drainage systems, if required, shall be designed and installed in accordance with construction standards and specifications determined by the city engineer.
7. All drainage systems shall be extended to the outermost boundaries of the subdivision by the developer.
8. The developer shall install or replace, when required by the city, all sewer and water systems within a high-water table area to eliminate or minimize possible damage to such systems.
9. The city may prohibit basements in high water table areas upon recommendation from the city engineer.

In any subdivision in or adjacent to a floodplain identified by the Federal Emergency Management Agency (FEMA), the developer shall comply with the provisions of the currently adopted City Floodplain ordinance and this chapter.

1. Design and develop the subdivision to provide each lot with a buildable area that will permit the lowest floor elevation, including the basement, to be constructed one (1) foot above the one hundred (100) year flood elevation. The developer is required to obtain an elevation certificate prior to issuance of building permits.
2. Design the subdivision to minimize the effects of flooding and to facilitate the flow of surface water runoff.
3. Submit the following base flood elevation data with the application for preliminary plat approval:
   1. The elevation of the one hundred (100) year flood elevation in relation to mean sea level; also, as noted on FEMA maps.
   2. The elevation of the lowest floor level, including basements, of proposed dwellings. An elevation certificate will be required for all dwellings in areas adjacent to a floodplain.
   3. Install or replace, when required by the city, all sewer and water systems within an identified floodplain to eliminate or minimize possible damage to such systems, discharge from such systems into flood water, or infiltration of floodwaters into such systems.
   4. All new storm drain and water systems shall be approved to ensure compliance by the Oakley City Public Utilities Department.
   5. All subdivisions within a floodplain area shall conform with all regulations of this Sensitive Lands Chapter.

Alteration or relocation of any natural waterway shall receive approval from the Army Corps of Engineers. See 13-15-12 for detailed regulations. A request for alteration or relocation of a natural waterway shall be accompanied by appropriate approval by the city engineer or his/her designee to ensure the following:

1. That the flow capacity and velocity of the waterway will not change with the proposed alteration or relocation.
2. That the soils conditions in the proposed location will not increase flooding potential.
3. That the proposed waterway can be adequately maintained.

Sensitive lands projects will utilize CEDAR (Cultural, Environmental, Developmental, Agricultural, and Recreational) land preservation standards. CEDAR Land Preservation Standards are a variation on earlier “density zoning” or “performance zoning” techniques. This technique excludes the most culturally and environmentally sensitive lands from development. Depending on the specific type of land sensitivity, the restriction can prohibit construction, grading, and cleaning. “Net-Outs” of constrained land are subtracted from the total property available at the buildable acreage for purposes of calculating the number of lots or the commercial building square footage the property may contain. The percentage of constrained land netted-out of the maximum lot or square footage calculation varies by the type of land sensitivity present on the property. For optimum placement of house sites and to limit the percentage of the development parcel that is converted from woodland, meadow, or farmland to suburban lawn, CEDAR Land Preservation Standards are combined with the City’s green space subdivision design techniques. Further concepts and preservation techniques are detailed in the General Plan. The concepts and standards of this section may be applied to any Master Planned Development (MPD) which requests or receives a Bonus Density, as per Appendix B.

1. All subdivisions containing four (4) or more lots must be prepared by a team, including a landscape architect and an engineer (if determined by the City Planner), and be based on a qualified survey. The sequence of the four steps in the CEDAR design process is critical.
   1. The first step is the identification of “Absolute” Areas. These include both the unbuildable sensitive lands (i.e., wet, flood-prone, steep) and other most-significant CEDAR elements that in conventional development design typically would not be earmarked as features to be designed around. The first step also identifies the “Relative” Areas consisting of richly vegetated lands, large trees, prime farmland, ecological meadows, upland habitat, historic buildings, geologic formations, and scenic views (particularly from public roads), including any planned recreational, trail, and cultural sites. In identifying Absolute and Relative Areas, this design approach seeks to accommodate those unique places both existing and planned for the future, that make each community a distinctive and attractive place. Green space design, with its CEDAR analysis, is well suited to implementing both the intent and the spirit of the City’s objectives for open space preservation. Identifying these Absolute and Relative areas is a relatively easy task, once the CEDAR analysis Maps have been prepared.
   2. In the second step, once the Absolute and Relative Areas have been identified, (the most critical stage of the process) in residential developments, house sites are located through limits of disturbance envelopes to maximize views of, and often-direct access to, the preserved green space, enhancing the house sites’ desirability and value. Siting the homes in this manner provides developers with a strong marketing advantage compared with layouts, where homes are boxed on all sides by other house lots. Similarly, in nonresidential development, the second step involves locating office and other building pads to maximize their lease liability with regard to views of the green space, access, visibility to customers, buffering, and continuity with development on neighboring sites. Somewhat more difficult with nonresidential projects is the accommodation of views into, through, and out of the site. Building mass tends to be larger, therefore, in some situations calling for greater setback than with residential. Ample commercial building setbacks should be established in the ordinance, with provisions to adjust them downward if warranted when a specific site plan with building mass comes before the City for review.
   3. The third step—the aligning of streets and trails, is almost a matter of “connecting the dots” for vehicular, pedestrian, and equestrian access. In nonresidential development, including mixed village use and commercial areas, frequently, there will be instances where civic nodes have been identified for future use, which nodes may spill into multiple developments. In such cases, it is essential that the street-and-trail planning step provides for joint planning among neighboring parcels and sometimes even involve cost-sharing discussions for certain extraordinary facilities of mutual benefit to all developers at the node.
   4. The fourth and final step of drawing in the lot lines typically involves little more than marking boundaries midway between house locations or, in the case of nonresidential development, filling in commercial lot lines and site design details. In nonresidential projects as with residential, flexibility, and diversity in acceptable project types is the key to creating vibrant, successful communities through defensible City processes.

1. Findings of Fact. The legislative body of Oakley City (the “City”) determines that protection of all waters is critical to the health, safety, and welfare of the citizens of Oakley City. The intent of this section is to provide an integrated, cooperative approach to the protection of Weber River system and related wetlands, riparian areas, and watercourses. It is the goal to restore and maintain the physical, biological, and chemical integrity of all waters. Some of the waters of Oakley City have been degraded by pollution, fills, drainage, channelization, grading, excavation, over grazing, and other activities. Destruction and degradation of wetlands, riparian areas, and watercourses results in increased downstream water pollution, flooding, and erosion. Protection of wetlands, riparian areas and watercourses is needed to protect functions such as:
   1. Provide flood conveyance and storage capacity which reduces downstream flood hazards by absorbing peak flows, slowing the velocity of flood waters, and regulating base flow;
   2. Reduce the need for costly engineering solutions for flooding and erosion such as rip rap, retention basins, and dams;
   3. Stabilize the banks of watercourses to reduce bank erosion and downstream transport of sediments eroded from watercourse banks;
   4. Provide stormwater detention and purification;
   5. Provide living, breeding, nesting and feeding environments for many forms of wildlife by maintaining diverse and connected riparian vegetation including waterfowl, shorebirds, salamanders, frogs, and deer;
   6. Treat polluted surface/subsurface waters through biological degradation and chemical oxidation;
   7. Reduce additional nonpoint pollution of waters by providing buffers;
   8. Protect nursery grounds and sanctuaries for fish;
   9. Help maintain water temperatures and oxygen levels in rivers, streams, lakes, ponds, and other waters;
   10. Provide recreation areas for hiking, bird watching, biking, photography and other recreation uses;
   11. Maintain potable water supplies in rivers and streams; and
   12. Reduce community flood, erosion, and other natural hazard losses.
   13. Activities in wetland, riparian areas, and watercourses are often subject to flood and erosion hazards and exacerbate hazards on other lands. Buildings, roads, and other infrastructure located in such areas are often damaged by floods and erosion and require expensive emergency rescue and disaster assistance.
2. Purposes. The purpose of this section is to protect the valuable and limited water resources in the City. Loss of waters is contrary to the public health, safety, and welfare. More specific goals include:
   1. Achieve no net loss in the quantity, quality, functions and biological diversity of wetlands, riparian areas, and watercourses;
   2. Avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality and biological diversity of wetlands, riparian areas, and watercourses;
   3. Provide ecologically sound transitions between waters and upland areas;
   4. Replace wetland, riparian area, and watercourse functions (See Section 1 above) and acreage where avoidance of activities is not practical and all practical measures have been taken to reduce impacts;
   5. Prevent increases in flood, erosion, and other natural hazard losses due to destruction of wetlands and riparian areas and the filling and drainage of watercourses and degradation of their flood conveyance, flood storage, and erosion control and other functions.
   6. Incorporate wetland, riparian, and watercourse protection into the City land use, planning and development approval procedures.
3. Definitions: “Compensatory mitigation” means the replacement of wetland, riparian area, or watercourse acreage, function, and value to compensate for losses. “Creation” means a human activity bringing a riparian area or wetland into existence at a site in which it did not formerly exist. “Enhancement” means the manipulating the physical, chemical or biological characteristics of a wetland, riparian area or watercourse to increase or improve specific functions or to change the growth stage or vegetation present. “Floodplains” means areas subject to periodic inundation when a river, stream, or other watercourse overflows its banks. They are relatively flat areas or lowlands adjoining the channel of a river, stream or watercourse or other body of water. They include but are not limited to those mapped by the Federal Emergency Management Agency shown as flood hazard areas on the Oakley City Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency for the administration of the National Flood Insurance Program. “Floodways” means the channel of any rivers, stream or other watercourse and the portions of the adjoining floodplain required to carry a discharge flood without raising flood waters and velocities more than a defined amount. “National Wetlands Inventory Maps (NWI)” are a series of maps produced by the U.S. Fish and Wildlife Service showing the general location and classification of wetlands. Some wetlands, particularly smaller wetlands, are not shown on these maps. In addition the criteria used for mapping wetlands in the NWI does not fully coincide with the definition of wetland provided below. The definition of wetland provided below and field surveys provided by the Planning Commission or provided by a permit applicant and reviewed and approved by the Planning Commission shall provide the basis for more specific and accurate designation of wetlands and wetland. “Ordinary High-Water Mark” means the point of the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. “Regulated Activities” means all activities in regulated riparian or wetland areas or watercourses which involving filling, excavation, dredging, clear-cutting, dumping, excavation, changing of drainage, grading, placing of objects in water, excavation or any other alteration or use of a wetland, riparian area, or watercourse.. “Restoration” means manipulating the physical, chemical or biological characteristics of a site to achieve a former condition with improved wetland, riparian, or watercourse functions, values, and acreage. “Riparian Area” The area adjacent to rivers, streams, creeks, washes, arroyos, and other bodies of water or channels having banks and bed through which waters flow at least periodically. These areas are subject to periodic flooding and are generally characterized or distinguished by a difference in plant species composition or an increase in the size and/or density of vegetation as compared to upland areas. “Watercourses” mean rivers, streams, intermittent streams, ditches, brooks, channels, lakes, ponds, manmade ponds, estuarine waters, vernal pools, playas, and all other bodies of water, natural or artificial, intermittent or permanent, public or private which have defined banks and water at least a portion of each year. These areas are typically shown on the United States Geologic Survey topographic maps. “Wetlands” Wetlands (as defined by the U.S. Corps of Engineers) are areas and waters that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated conditions. Wetlands generally include but are not limited to lands and waters meeting this definition and otherwise often referred to as swamps, marshes, bogs swamps, wetland meadows, ephemeral and tributary streams vernal pools, banks, reservoirs, ponds, lakes, and lands under water bodies. The primary ecological parameters for identifying wetlands include hydric soils, hydrophytic vegetation, and hydrologic conditions reflecting temporary or permanent inundation or saturation. “Wetlands Delineation” means the physical establishment of wetland boundaries.
4. Wetland, Riparian, and Watercourse Review Authority. The City Planning Commission acts as the review authority and may advise the City Council with regard to wetland, riparian, and watercourse policies and activities and may help the Council undertake the following activities.
   1. The mapping and delineation of wetlands, riparian, watercourse, floodplains, and riparian buffers,
   2. The assessment of wetland, riparian, and watercourse functions and values,
   3. The location of wetland, riparian, and watercourse boundaries on the ground.
   4. The initiation of wetland, riparian, and watercourse or riparian area enforcement actions, and
   5. The acquisition of wetland, riparian, and watercourse and related wildlife or recreation areas.
5. Wetland, Riparian, Watercourses Subject to This Section. Wetlands, riparian areas, and watercourses subject to the provisions of this ordinance include the following:
   1. Wetlands identified on the most recent National Wetland Inventory Maps, all other wetlands meeting the definition of wetland above, and wetland buffer areas within 75 feet of such wetlands.
   2. Riparian areas measured horizontally from the ordinary high-water mark including all lands within:
      1. 300 feet of Weber River and related channels or streams or to the landward side of the 100-year floodplain if this is greater.
      2. 200 feet of the Whites Creek and related channels or streams or to the landward side of the 100-year floodplain if this is greater.
      3. 100 feet of all other rivers, streams, creeks, washes, arroyos, or other watercourses having banks and bed through which waters flow at least periodically including watercourses indicated as intermittent and perennial streams on most recent published U.S.G.S. topographic maps.
      4. All watercourses shown as intermittent or permanent water bodies on most recent published U.S.G.S. topographic maps.
6. Delineation of Wetland, Riparian, Watercourse Boundaries. Any property owner who believes that designation of an area as wetland, riparian, watercourse or associated buffer and/or boundary is incorrect may petition the Planning Commission to clarify or change the designation and/or boundary. All petitions for a clarification or change in designation shall be submitted in writing and shall include all relevant facts and circumstances which support the change. For proposed changes in boundaries, the petitioner shall provide expert proof that the designation is inconsistent with the definition of wetland, riparian, watercourse provided in this ordinance and the delineation procedures provided by the l987 Wetlands Delineation Manual of the U.S. Army Corps of Engineers. The wetland, riparian, watercourse buffer area shall be measured perpendicularly from the boundaries of a wetland, riparian, watercourse.
7. Activities Allowed as of Right. The following activities shall be allowed as of right in wetlands, riparian areas, and watercourses providing there is no fill or disturbance of natural hydrology:
   1. Conservation of soil, vegetation, water, fish, shellfish, and wildlife.
   2. Outdoor recreation including nature study, hiking, horseback riding, swimming, camping, boating, trapping, hunting, fishing, shell fishing, cross- country skiing where otherwise legally permitted.
   3. Grazing, farming, nurseries, gardening, forestry and harvesting of crops. However, road construction, erection of buildings, or relocation of wetlands or watercourses, clear cutting of timber, or the mining of topsoil, peat, sand or gravel from wetlands shall require a permit as provided below.
   4. Recreational open space and other types of open space for adjacent residential, commercial, and industrial property including subdivisions.
   5. Control of mosquitos and noxious weeds if the control does involve the drainage or fill of a wetland.
   6. Maintenance of existing ditches, watercourses, farm pounds, utilities, roadways providing the activity does not involve the expansion of roadways, drainage ditches or related improvements into previously unimproved rights of way or portions of rights of way.
   7. Construction for nature study and educational purposes trails, boardwalks, viewing platforms, information kiosks, and trail signs.
   8. Maintenance of existing structures consistent with standards set forth herein.
   9. Emergency work necessary for protection of the public, health, or safety.
   10. Restoring wetlands not associated with any development proposal, providing such restoration does not affect more than one half acre.
8. Activities Requiring a Permit. All activities in a regulated wetland, riparian area, or watercourse involving filling, drainage, grading or excavation, dredging, clear-cutting, removal or peat, sand or gravel, alteration of the water level or water table, disturbance of surface drainage characteristics, sediment patterns, or flood retention characteristics or any other alteration or use of a wetland, riparian area, or watercourse not permitted by Section G above shall require a permit from the Planning Commission.
9. Coordination with Other Regulatory Agencies. The goal of this ordinance is to provide a coordinated and integrated approach to protection and restoration of wetlands, riparian areas, and watercourses. The Planning Commission may require that a permit applicant obtain other federal, state, or local regulatory permits needed for a proposed activity before applying for a permit from the Planning Commission. Upon receipt of a permit application, the Planning Commission shall coordinate with other planning and regulatory with jurisdiction or potential jurisdiction over the proposed activity. The Planning Commission may also provide comments to other agencies in their permitting activities. The following activities may require additional state, federal, or local permits as well as a permit from the Planning Commission:
   1. Construction of any dam or retention structure regulated by the Utah Division of Water Rights.
   2. Construction, alteration, enhancement, encroachment, or placement of any obstruction within a stream channel, pond, or lake, regulated by the Utah Division of Water Rights.
   3. Diversions, changes of water use, or appropriation of waters regulated by the Utah Division of Water Rights.
   4. Discharges of fills or pollutants into the waters of the state regulated by the Utah Division of Water Quality.
   5. The construction of septic tank/soil absorption fields in any wetland or buffer area requiring a permit from the Summit County Health Department.
   6. Any filling or grading requiring a permit from Oakley City
   7. Any land use, building construction, or subdivision permit required from Oakley City.
   8. The discharge of fill or dredged material into wetlands and watercourses regulated by the U.S. Army Corps of Engineers pursuant to Section 10 of the Rivers and Harbor Act or Sections 404 and 401 of the Federal Clean Water Act, as amended.
10. Information to be Provided by Permit Applicants. The Planning Commission shall develop and make available Wetland, Riparian Area, and Watercourse permit application forms. Individuals or public or private corporations seeking a permit for a regulated activity shall fill out and submit this form to the Planning Commission. All applications for permits shall include, at the minimum, the following information:
    1. Name, address, telephone number and e-mail address of owner and permit applicant (if different). This should include an appropriate engineer’s or land surveyor’s stamp if one has been used by the applicant;
    2. A description of existing uses of the property including any structures, fills, grading, or drainage;
    3. Photographs of the proposed project site showing the existing condition of the site;
    4. A description of the proposed activity including the type of proposed activity, its dimensions, distance from any road or water body, and when and how it will be carried out;
    5. An explanation why this activity cannot be located at an upland location;
    6. A description of all measures proposed to reduce or compensate for project impacts;
    7. A wetland map or boundary survey to identify which may be affected by the proposed activity;
    8. A sketch map showing the entire parcel of land owned by the applicant including lot sizes and property boundaries;
    9. A description of when the property was acquired;
    10. A description of the zoning classification and restrictions;
    11. A description of the vegetative cover of the affected area, including dominant species;
    12. The 100 year flood elevation and floodplain and floodway boundaries at the project site if FEMA or other flood maps are available for the area;
    13. The sites and specifications for all proposed drainage, filling, grading, dredging, and vegetation removal that may affect the wetland or buffer area;
    14. A description of any existing or proposed waste disposal or water supply including septic tanks and soil absorption field and distances to wetlands, wetland buffers and other water bodies;
    15. A description of restoration vegetation now in existence and proposed for all surfaces; and
    16. A description of the construction sequencing and timetable for any proposed activities including description of future phases.
    17. The Planning Commission may require the permit applicant to submit additional information if the Planning Commission deems such information necessary to determine compliance of a proposed regulated activity with the standards and criteria set forth in this ordinance. Such information may include:
        1. More detailed site plans;
        2. Description of wetland ecological communities and functions;
        3. Description how the application will change, diminish, or enhance the ecological functions;
        4. Engineering reports and analyses where the proposed activity may be subject to flood or erosion hazards or increase such hazards of other types;
        5. Mapping or more detailed investigation of soil types where onsite waste disposal is proposed;
        6. Analysis of chemical or physical characteristics of any fill material;
        7. A stormwater management plan (if applicable);
        8. A wetland management plan; and
        9. A compensatory mitigation plan.
           
           In the event that an application requires the City to incur additional expenses for technical assistance in the review of an application, the applicant shall pay the reasonable expenses incurred by the community. The applicant shall be notified of the expenses and shall deposit necessary funds prior to the cost being incurred by the community.
11. Public Notices and Hearings. Any person filing a permit application shall give written notice thereof, by certified mail (return receipt requested) or hand delivered, to all abutters within a 1,000-foot radius of the property line, at their mailing addresses shown on the most recent applicable tax list of the Summit County Assessor’s Office. The notice to abutters shall include a copy of the permit application or shall state where copies may be examined and obtained by abutters. No sooner than 30 days and not later than 60 days after receipt of a permit application and after notice the permit application has been published in one newspaper having general circulation in the area, the Planning Commission may hold a public hearing on the application unless the Planning Commission finds that the activity is so minor as not to affect wetlands, riparian areas, and watercourse functions, values, or acreage or have impact upon public properties or the public at large. All hearings shall be open to the public. The Planning Commission shall conduct a public hearing on all permit applications involving disturbance of more than 1,000 square feet of wetland or riparian area or more than 50 lineal feet of watercourse.
12. Standards and Criteria for Issuance of Permits. The Planning Commission shall not issue or conditionally issue a permit unless it finds that the proposed activity will not, taking into account individual and cumulative effects, threaten health or safety, result in fraud, cause nuisances, impair public rights in public waters, threaten rare or endangered plant or animal species, violate pollution control standards, or violate other regulations. In addition, the Planning Commission shall not issue a permit unless it finds that
    1. The permit applicant has, to the extent practical, avoided wetlands, riparian areas, and watercourses, including buffer areas for the proposed activity;
    2. The permit applicant has, to the extent practical, reduced impacts to the wetlands, riparian areas, watercourses, and buffers. The height, width and length of structures will be limited to the minimum dimension necessary to achieve the desired functions;
    3. The proposed activity will not cause a net loss of wetland, riparian area, and watercourse functions specified in Section A above;
    4. The proposed activity will not cause a net decrease in wetlands, riparian areas, and watercourses values or acreage, taking into account the cumulative adverse effects of past and reasonably anticipated future activities
    5. The proposed activity will be set back a minimum of 40 feet from the top of the bank of any river, stream, creek, or arroyo. The Planning Commission may require a larger setback based upon flooding, erosion, pollution, endangered species, riparian or wetland functions and values, or other relevant factors;
    6. The proposed activity will, to the extent practical, avoid fragmentation of wetlands, riparian areas, and watercourses and the separation of these areas from other wetlands, riparian areas, and watercourses, broader aquatic systems, and uplands by activities such as construction of dikes, levees, ditches, roads, structures, and other impediments to movement of water or biota;
    7. The proposed activity will not increase flood, erosion, subsidence or other hazard on other lands and the proposed activity will not, in itself, be subject to flood and erosion hazards;
    8. The proposed activity will not result in adverse modification of habitat for or jeopardize plant, animal, or other wildlife species listed as threatened or endangered by the U.S. Fish and Wildlife Service or the Utah State Division of Wildlife; and
    9. The proposed activity will not violate other applicable federal, state, and local water quality, flood loss reduction, fill and grading, coastal zone management, stream protection, water supply protection, comprehensive zoning, sanitary code, and other statutes, regulations and ordinances.
    10. When reviewing applications which also effect a “watercourse”, the following additional issues associated. Does the proposed project:
        1. Maintain with particular care vegetated bank areas of rivers, streams, and other watercourses because they are often subject to high velocity flows and severe erosion;
        2. Manage rivers, streams and riparian areas to maintain geomorphic equilibrium to reduce stream bank erosion, loss of habitat and other problems.
        3. Avoid to the extent practical the culverting of streams and other watercourses which often destroys habitat, increases the velocity of flows, causes erosion, and results in flooding of adjacent lands;
        4. Reduce the use of riprap or other debris to stabilize stream banks because it often results in erosion of streambanks up and downstream of the riprap. It also often blocks flood flows thereby increasing flood heights and velocities on other lands, and it destroys wildlife;
        5. Avoid activities which will prevent free passage of fish and other aquatic life; and
        6. Prevent fills or restrictions on channels which will increase flooding on upstream and downstream properties.
    11. The Planning Commission shall consider all relevant facts in making its decision on any application for a permit including but not limited to the following:
        1. The goals and purposes of the section;
        2. The environmental impact of the proposed action including:
           1. Infilling of the wetlands, riparian areas, and watercourses or other modification of natural topographic contours,
           2. Disturbance or destruction of natural flora and fauna,
           3. Influx of sediments or other materials causing increased water turbidity and/or substrate alteration,
           4. Removal or disturbance of wetlands, riparian areas, and watercourses soils,
           5. Reductions in wetlands, riparian areas, and watercourses water supply,
           6. Interference with wetlands, riparian areas, and watercourses water circulation,
           7. Damaging reduction or increases in wetlands, riparian areas, and watercourses nutrients,
           8. Influx of toxic chemicals and/or heavy metals,
           9. Damaging thermal changes in wetlands, riparian areas, and watercourses water supply, and
           10. Destruction of natural aesthetic values.
        3. The impact of the proposed activity and reasonably anticipated similar activities upon flood flows, flood storage, and storm barriers,
        4. Threats to the proposed activity from flooding, erosion, high winds, subsidence, soil limitations and other hazards;
        5. The impact of the use and existing and reasonably anticipated similar uses upon neighboring land uses.
        6. The adequacy of water supply and waste disposal for the proposed activity;
        7. Alternatives to the proposed action and alternative sites for the activity on the applicant’s property or other properties;
        8. Whether all reasonable and practical measures have been taken to minimize the impact of activities; and
        9. The relationship between short-term uses and long term productivity of the site; and
        10. The consistency of the activity with local, state, and federal comprehensive land use plans and watershed plan.
    12. The Planning Commission shall make written findings on any permit applicant stating the reason why the proposed permit is issued, denied, or conditionally issued or denied. The Planning Commission may consider the following in making its decision on the application:
        1. The application and supporting documentation,
        2. Public comments, evidence, and testimony
        3. Reports or comments from other local, state, or federal agencies and commissions, and
        4. Comments on the application from regional planning agencies, soil and water conservation districts, or other regional organizations.
13. Conditions Which May Be Attached to Permits. The Planning Commission may conditionally approve permits. The following sorts of conditions may be attached to permit approvals:
    1. Design measures to reduce project impacts;
    2. Relocation of the proposed activity to reduce project impacts;
    3. Compensatory mitigation measures to offset losses to wetlands, riparian areas, and watercourses acreage, functions, and values;
    4. Flood and erosion loss reduction measures to prevent hazard losses to both proposed activities and activities on other lands. This may include a requirement that structures be elevated on piles, floodproofed or otherwise protected from hazards including flood heights, velocities, and erosion potential;
    5. Modification of waste disposal and water supply facilities to reflect flooding, high ground water, and erosion hazards;
    6. Inclusion in the deed for the property a warning that the property contains a wetlands, riparian areas, and watercourse and/or associated buffer area and that any activities in the areas are subject to wetland, riparian area, watercourse, floodplain and other regulatory requirements;
    7. Deed restrictions, covenants, or execution of conservation easements regarding the future use of lands including but not limited to preservation of undeveloped areas and restrictions on vegetation removal;
    8. Set-backs for structures from a river, stream, or other water body of a distance appropriate for the proposed activity and the particular wetland, riparian area, and watercourse area;
    9. Erosion control and storm water management measures;
    10. The clustering of structures or development;
    11. Erection of wetland, riparian area, and watercourse area markers and signs including survey stakes delineating the boundary between such areas and adjacent lands;
    12. Long term monitoring and management requirements including control of exotic plant and animal species; and
    13. Other conditions necessary to protect wetland, riparian area, and watercourse functions, offset losses, and prevent increased natural hazard losses in the community.
    14. The Planning Commission may also require the development of a wetlands, riparian areas, and watercourse management plan and/or a compensatory mitigation plan to comply with these standards and criteria. See Sections N and O below.
14. Wetland, Riparian Area, Watercourse Management Plans. The Planning Commission may require a permit applicant to prepare a wetland, riparian area, and/or watercourse management plan if the Planning Commission determines that such a plan is needed to apply the standards set forth in this ordinance or to achieve the goals and standards of this ordinance. In general, plans are needed where long term and large-scale management of a wetland, riparian area, or watercourse is required such as manipulation of water levels, control of exotic plant species, or periodic harvesting of timber. Plans are generally required for large projects. A plan shall be consistent with the following:
    1. The plan shall describe any long-term management proposed for the site, how this management is to be carried out, and who will undertake such management;
    2. Site development shall be fitted to the topography and soil so as to create the least potential for vegetation loss and site disturbance;
    3. Vegetation and soil removal shall be limited to the minimum amount necessary for the development of the site.
    4. If proposed development, including grading, dredging and filling, would affect the banks of a stream, river or other watercourse, bank stabilization using bioengineering or other techniques acceptable to the Planning Commission shall be required to prevent erosion.
    5. Vegetation indigenous to the site or plant community shall be restored in areas affected by construction activities. Temporary vegetation, sufficient to stabilize the soil, may be required on all disturbed areas as needed to prevent soil erosion. New planting shall be given sufficient water, fertilizer and protection to insure reestablishment.
15. Compensatory Mitigation. The Planning Commission may require that the permit applicant submit a compensatory mitigation plan developed by qualified professionals to achieve no net loss of wetland, riparian area, and watercourse functions, values, and acreage if the Planning Commission believes such a plan is needed to meet the goals and standards of this ordinance including conditions attached to the issuance of a permit. Compensatory mitigation may take the form of wetlands, riparian areas, and watercourses and/or buffer area restorations, creation, or enhancement. Such plans shall include design, implementation, maintenance, and monitoring elements. A mitigation plan shall:
    1. Describe any residual impacts to functions, values, or acreage;
    2. Identify riparian, wetland, and watercourse areas that are to be protected and those that will be impacted;
    3. Provide a plan for compensating for impacts;
    4. Describe proposed habitat manipulation activities in detail;
    5. Provide replacement of affected vegetation with appropriate plant species in ratios which will result in simulation of pre-alteration vegetation within five years;
    6. Specify construction methods;
    7. Provide for periodic monitoring of mitigation; and
    8. Provide for the posting of performance bonds or other financial assurances.
    9. In general, compensatory mitigation shall be onsite and in kind. However, the Planning Commission may allow use of offsite and out of kind mitigation including the use of mitigation banks if such use will have net ecological benefits, will not cause nuisances, will not violate other laws, and will not result in fragmentation of the wetland, riparian area, and watercourse ecological system. Use of mitigation banks will be allowed to compensate for impacts only where onsite measures are, in addition, applied to ensure that flooding, water pollution, erosion, and other problems do not occur at the original site.
    10. Where feasible, mitigation projects shall be completed prior to activities that will disturb wetlands, riparian areas, and watercourses. In other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity.
    11. There shall be no introduction of any plant or wildlife into a mitigation project for any wetland or wetland buffer which is not native to the area unless authorized by a state or federal permit or approval.
    12. In general the following ratios shall be provided for restoration, creation, and enhancement: 2:1 for restoration, 4:1 for creation, and 6:1 for enhancement. The Planning Commission may increase the ratios if uncertainties exist with regard to the success of the proposed mitigation, a significant period of time will elapse between impact and replication of wetland, riparian area, and watercourse functions, the mitigation will result in reduced functions relative to the wetlands, riparian areas, and watercourses being impacted, or the impact was an unauthorized impact. The Planning Commission may decrease ratios if the proposed mitigation has a high likelihood of success, the proposed mitigation will provide functions and values significantly greater than the wetlands, riparian areas, and watercourses being impacted, or the proposed mitigation is conducted in advance of the impact and has been shown to be successful. In evaluating the adequacy of proposed compensatory mitigation, the Planning Commission shall consider:
        1. The risk of failure of the proposed mitigation project based upon the difficulty with which this type of wetland, riparian area, and watercourse is restored, created, or enhanced, the experience and expertise of the individual or individuals proposing to carry out the mitigation, the proposed buffer and other protection measures, and the proposed management, monitoring and maintenance,
        2. The societal importance of the wetland, riparian area, and watercourse or buffer functions provided by the mitigation plan in contrast with the societal importance of the functions of the original area or buffer,
        3. Whether the proposed mitigation will require long term maintenance and, if so, the adequacy of any proposed maintenance,
        4. The need for long term monitoring and whether such monitoring will be provided, and
        5. Whether there will be offsite impacts of the proposed mitigation such as flooding or adjacent property.
16. Variances. The Planning Commission may issue variances to the wetland, riparian area, and watercourse, including buffer requirements of this ordinance where the regulations will otherwise deny landowners all economic use of properties, taking into account existing uses, reasonably anticipated future uses, market values and sales for comparable properties, taxes, special assessments, and other factors. The Planning Commission may issue a variance only for the minimum deviations from permit standards, conditions, or mitigation measures which will be consistent with not denying landowners all economic use of their properties. The Planning Commission shall not authorize variances for activities which will increase flood and erosion losses on other properties, pose threats to public health and welfare such as flash flooding, pollute potable water supplies, or otherwise cause nuisances. The Planning Commission shall also not issue a variance for activities which will violate other laws. Detailed variance procedures are found in 13-1-18 of this Title.
17. Prior Nonconforming Uses. All uses and activities that were lawful before the passage of this code, but which do not conform with the provisions of the code, may be continued but may not be expanded, changed, enlarged or altered without a permit as provided above. Nonconforming uses including but not limited to buildings shall not be enlarged or expanded to further encroach into the wetlands, riparian areas, and watercourses. Nonconforming activity which has been discontinued for more than two years shall not be resumed. No nonconforming structure which has been destroyed or damaged for more than 50% of its value by flooding, wind, fire, or other natural or man-made force may be rebuilt only with issuance of a permit in conformity with the provisions of this ordinance.
18. Bonds and Insurance. Upon approval of the application and prior to issuance of a permit, the Planning Commission may require the permit applicant to file a bond with such surety in such amount and in a form approved by the Planning Commission and in conformance with Chapter 7 of this Title. Release of the bond or surety shall be conditioned on compliance with all provisions of these regulations and the terms, conditions and limitations established in the permit. The Planning Commission may require the applicant to certify that it has public liability insurance against liability which might result from the proposed activity covering any and all damage which might occur within one (1) year of completion of such operations, in an amount commensurate with the regulated activity.
19. Enforcement and Penalties. Any person who commits, takes part in, or assists in any violation of any provision of this code is guilty of a class C misdemeanor, punishable by a fine not to exceed seven hundred fifty dollars ($750.00) per day, or a jail term of up to ninety (90) days, or by both such fine and jail term. Each violation of this ordinance shall be a separate offense, and in the case of a continuing violation, each day’s continuance thereof shall be deemed to be a separate and distinct offense. Oakley City shall have jurisdiction to enjoin a violation of this ordinance. All costs, fees, and expenses in connection with such action shall be assessed as damages against the violator. The City Planning Director and other governmental officials learning of a violation shall refer the violation to the City Attorney. In the event of a violation the City shall have the power to order restoration of the wetland, riparian area, and watercourse areas. If the responsible person or agent does not complete such restoration within a reasonable time following the order, the authorized local government shall have the authority to restore the affected area to the prior condition and the person or agent responsible for the violation shall be held liable to the City for the cost of restoration.
20. Inspections, Display of Permit, Revocations of Permits. Every permit issued pursuant to this code shall allow the Planning Commission or its designated employee the right to inspect a project to determine compliance with conditions and the provisions of this code. A permit applicant shall notify the Planning Commission at least five days before project construction is to be begin. The permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit. All permits shall be valid for a period of one year from the date of issuance unless the Planning Commission indicates otherwise. The Planning Commission may issue a Stop Work Order if it finds that the permittee is violating provisions of the permit or of other applicable laws, ordinances, and/or regulations. The Planning Commission may, on written notice to the permittee, suspend or revoke a permit issued pursuant to this ordinance if the permittee has not complied with any term or condition of the permit or has failed to undertake the project in the manner set forth in the application.
21. Appeals. Appeal on actions of the Planning Commission shall be made in accordance with provisions of 13-1-15 through 13-1-17 of this Title.
22. Application Fees. At the time of a permit application, the applicant shall apply a filing fee as per the current and applicable City Rate Ordinance. The Planning Commission may also require an applicant to pay a fee for reasonable costs and expenses born by the Planning Commission including but not limited to verifying wetland, riparian, and watercourse boundaries, analyzing resource functions and values including wildlife evaluations, and hydrogeologic and drainage analyses.