1. Purpose: The purpose of this chapter is to establish a set of development guidelines applicable to any development within Oakley City. These guidelines are necessary and desirable in order to: 1) protect the City's rural, agricultural, small town character and lifestyle; 2) protect the natural resources and ecologically and environmentally sensitive areas of Oakley City; and 3) facilitate the efficient use of the land in relation to the City's ability to ensure the availability of adequate services and infrastructure.
2. Standards; Compliance: The following standards shall be applied to the review of any development application submitted in accordance with the provisions of this Title. Nothing in this chapter shall be construed to prevent the City from allowing an applicant to propose and agree to implement acceptable and suitable solutions to such impacts which otherwise result in a finding of noncompliance with these standards.

1. Plat Notes and Memorandums: Nonagricultural development shall not be approved without appropriate plat notes, as described in Chapter 2 of this Title, that educate new residents of the presence of agriculture operations in Oakley City and protect the rights of farmers and ranchers to actively conduct normal operations associated with the farm or ranch.
2. Minimization of Complaints: Nonagricultural development shall not be approved in an agricultural area without appropriate efforts from the developer to minimize potential complaints from future residents of the development regarding noise, odor, length of work hours, and the normal characteristics of the agricultural operation.
3. Livestock Fencing: New, nonagricultural development of property immediately adjacent to an existing agricultural operation (defined by this Title as "agriculture") shall be required to provide fencing as follows:
   1. The developer and/or subsequent owners of property within the development shall be required to participate in the fencing of the development along the agricultural property and development, up to one half of the cost of such fence, if:
      1. The fence is requested by the adjoining agricultural landowner;
      2. The fence is or becomes a partition fence separating the project site from the adjoining agricultural landowner's property; and
      3. The cost, type, and construction of the fence is reasonable for the type of fence commonly found in that particular area.
   2. Notwithstanding the above fencing requirement, the developer may, at his or her own discretion, cost and expense, construct a perimeter fence to enclose the development. Vinyl fencing must be evaluated for durability, be livestock safe, and approved by the City as a perimeter fence for any development. Privacy fencing in Agricultural (AR) zones and Rural Residential (RR) zones is only allowed with an approved Low Impact permit as per section 13-9-24.
   3. In project areas including wildlife migration corridors or critical wildlife habitat, as determined by the state division of wildlife resources (DWR), wildlife friendly fencing may be considered with the following recommended design standards:
      1. Total fence height should not exceed forty-two inches (42").
      2. The space between the two (2) top wires (of a wire fence) should be at least twelve inches (12") apart with the top wire preferable being a smooth wire without barbs.
      3. The bottom wire should be at least thirteen inches (13") from the ground and smooth.
4. Preservation of Agricultural Land: New nonagricultural development within Oakley City shall preserve productive agricultural land to the extent possible and practical.
5. Irrigation Patterns and Systems: Nonagricultural development shall preserve the integrity of existing irrigation patterns and systems. Surface irrigation ditches shall be mapped, and adequate easements of record created to allow for the proper operation and maintenance of all irrigation systems.

All development proposals and building permit applications must demonstrate that the project will meet all current and applicable Oakley City Water and Wastewater Ordinances, Rules and Regulations, as well as all relevant construction standards and specifications before approval. The City Engineer shall approve all water and wastewater plans, specifications, improvements, and connections.

The Land Use Authority shall review all applications for compliance and consistency with the following development evaluation standards:

1. Undevelopable Lands: Development is prohibited on land which is found, on the basis of engineering and/or geologic data, to be within a geological hazard area. Notwithstanding the foregoing prohibition, development upon lands containing geologic hazards may be allowed by approval of the City Planner in cases where the developer demonstrates that the geologic hazard is fully mitigated so as to ameliorate the risks to health, safety and the general welfare of residents by appropriate design and construction techniques.
2. Erosion: Care shall be taken to ensure that development shall not contribute to the acceleration of the erosion of soil and rock and stream sedimentation or cause other significant environmental concerns.
3. Hillside Development: Development shall minimize the highly visible placement of homes and other structures on hillsides. Whenever possible, development shall be sensitively sited in order to encourage effective open space and the conservation of the natural appearance and aesthetic beauty of the mountains. When hillside development is permitted, it shall be integrated into the site, using topography, vegetation and other reasonable techniques, in a manner that causes it to blend into the hillside. Development near the toe of the hill, including the transitional area between the hillside and flat meadow areas, is appropriate. See Chapter 15 of this Title for hillside development regulations in the Sensitive Lands Overlay (SLO) Zone.
4. Floodplain: All development shall comply with the Oakley City Flood Damage Prevention Ordinance 2021-2, or its most recent update. Development shall be strongly discouraged in a 100-year floodplain or in areas where there is a high-water table.
   1. Development shall meet all requirements of the Federal Emergency Management Agency.
   2. Development shall not significantly alter the natural drainage patterns of the land.
5. Wetlands: Development is prohibited within jurisdictional wetlands as defined and/or delineated using Army Corps of Engineers standards, unless appropriate mitigation is approved by the Army Corps of Engineers.
6. Natural Grade Slopes (Prohibition): Development is prohibited on natural grade slopes in excess of thirty percent (30%). Additional rules apply in a Sensitive Lands Overlay (SLO) zone, (see chapter 15).
7. Natural Grade Slopes (Exception): In the event a conforming parcel has no locations (or insufficient area) for otherwise permissible development without violating subsection F of this section, or in the event access to a suitable development area on a conforming parcel requires the crossing of an area of thirty percent (30%) slope, the City Planner may approve development as a low impact permit subject to the findings in section 13-5-8 of this Title and the following additional findings:
   1. The proposed development is located on the least environmentally sensitive portion of the site. The development is designed so that existing significant vegetation can be maintained to the greatest degree possible;
   2. Development is designed to fit well into the natural terrain, minimize excessive site grading and protect, preserve, and enhance the level of quality of the surrounding area;
   3. To the greatest extent possible, all driveways and walkways shall parallel slope contours;
   4. The structure is designed to be stepped to follow the natural line of the existing topography; and
   5. The applicant demonstrates to the satisfaction of the building official that the soil is stable or can be stabilized to minimize erosion and is suitable for construction activity.
8. Wildlife, Range Areas, Migration Corridors: Care shall be taken to ensure that development shall not significantly affect in a negative fashion any wildlife birthing areas, critical winter range areas and migration corridors.
9. Ridgeline Development (Prohibition): Ridgeline development shall not be placed on any hillside or ridgeline in a manner that causes any portion of a structure to extend into the skyline as viewed from a public road when:
   1. The public road is located below the ground elevation of the structure; and
   2. The public road is more than one-half (1/2) linear mile from the structure measured from the proposed building location; and
   3. The public road is less than one and one-half (1-1/2) linear miles from the structure, measured from the proposed building location.
10. Ridgeline Development (Exception): Where it is not possible to build on a conforming parcel without violating the prohibition in subsection I of this section, the City Planner may approve ridgeline development as a low impact permit subject to the findings in section 13-5-8 of this Title and all of the following additional criteria:
    1. The proposed ridgeline development is located on the least environmentally sensitive portion of the site. The development is designed so that existing significant vegetation can be maintained to the greatest degree possible.
    2. The proposed ridgeline development shall be located to ensure that the least amount of the structure extends into the skyline.
    3. The height of all structures shall be limited to twenty-six feet (26').
    4. The structure is stepped in levels to conform to the slope of the hill and keep a low profile.
    5. Except for flashings, roof vents and equipment, the structure shall not use highly reflective finish materials. In the event flashings, roof vents and equipment are used, such shall be painted to match the structure.
    6. Structure colors shall be consistent with the natural colors of the surrounding geology and vegetation.
    7. Glass areas are limited so as to avoid highly reflective surfaces which are viewed from public roads. Mirrored glazing is prohibited.
    8. The structure shall be designed so that the pitch of any roof is generally parallel to the slope upon which it is located.
11. Drainage: Development activity shall not cause run-off characteristics of a parcel to be more disruptive to perennial, intermittent and ephemeral streams, land uses or drainage systems, than existed prior to the development activity. The integrity of existing and natural drainage patterns shall be preserved so that:
    1. The aggregate of development activities will not cause storm drainage and floodwater patterns to exceed the capacity of natural or constructed drainages;
    2. Other areas are not subjected to increased potential for damage by flood, erosion or sedimentation; and
    3. Perennial, intermittent, and ephemeral streams are not contaminated with pollutants in violation of State and/or Federal standards.
12. Air Quality: Development shall not contribute significantly to the degradation of air quality in the City, including violation of any applicable State and/or Federal pollution control laws.
13. Noise Limits: Non-agriculture development activity shall not generate noise:
    1. Equal to or exceeding sixty (60) decibels, as measured at the property line of the parcel generating the noise; and
    2. Which would result in materially adverse impacts relating to the use of the parcel generating the noise, or to adjacent parcels and/or its occupants.

1. Impact: Major development shall be evaluated to determine its impact on the quality of public services, facilities or programs provided to the general community, or portions thereof. It is the policy of the City to ensure that the financial integrity of existing City services is not jeopardized by over extension, inadequately or poorly phased use levels or lack of revenue base as a result of new development. Any adverse impacts caused by the development shall be minimized.
2. Traffic Volume: No development shall cause the traffic volume on any public road or intersection thereon, affected by the proposed subdivision, to fall below the design capacity of the roadway, as measured by the "Highway Capacity Manual" (Transportation Research Board, Special Report 209, 1985).
3. Fire Hazard: Any development that, due to size, building materials or proximity to vegetation, presents an unusual fire hazard which is beyond the firefighting capability of the South Summit Fire District within which it is located is inappropriate and will not be approved by the City.
4. Remote Locations: Development in remote locations that will adversely and unreasonably affect the firefighting or emergency service capability of the South Summit Fire District within which it is located to provide adequate service to the majority of the people located within the District, is inappropriate and will not be approved by the City.
5. Locked Gates on Private Roads: As a general rule, gated subdivisions are discouraged. Residential development, with private roads providing direct access to residential properties, will not be approved if there is a locked gate at the entrance to the residential property unless the developer/owner has made prior arrangements with the City operations, including Summit County Sheriff, and South Summit Fire District for emergency access to the property.

1. Rural Standards: Oakley City shall maintain rural infrastructure design standards. Infrastructure that is not consistent with these standards is not appropriate. Water, Sewer, and Roadways shall be designed, engineered and constructed appropriately so as to minimize oversizing, limits of disturbance, future maintenance costs, to alleviate hillside visual and functional problems, and to avoid deep cuts or large fills.
2. Traffic Hazards: No development shall be approved which will create traffic hazards or which does not provide adequate access for service vehicles and emergency vehicles, including fire trucks, ambulances and sheriff vehicles, water or sewer maintenance equipment, or which is not designed to facilitate reasonable removal or storage of snow from traffic areas.
3. Traffic Volume: No development shall be approved which generates traffic volumes that require roads to be built or existing roads to be expanded in a manner not consistent with the rural infrastructure standards identified in this Title.
4. Maintenance Responsibility: No major residential development shall be approved without adequate evidence of proper long term maintenance responsibilities of an association of the property owners for all privately maintained infrastructure, including, but not limited to, road maintenance, snow removal, fuel breaks for firefighting, and other specific requirements as may be appropriate.