A.   Purpose: The city finds that the health, safety, and general public welfare of the current and future residents of the city and the fiscal health of the city will be promoted by establishing standards for the development and grading on hillsides and slope areas wherever development is proposed to be located in the city. The purpose of the HP hillside protection overlay zone is to minimize soil and slope instability and erosion, to minimize the adverse effects of grading, to minimize surface and subsurface water problems, preserve the character and aesthetics of the city's developed and undeveloped hillsides and to otherwise supplement and amplify the city subdivision and zoning ordinances while protecting and preserving significant scenic resources for the long term benefit of Santa Clara City as a whole. This is facilitated by establishing a hillside review board (HRB) as a recommending body to staff, the planning commission and the city council. The HRB will review proposed projects in the HP zone based on this chapter. Additionally, the purpose of this HP zone is to further the goals and policies of the general plan in relation to land use, densities, open space and community image.

   B.   Intent: The standards set forth herein are intended to achieve the following objectives:

      1.   Minimize adverse soil and slope instability; decrease the potential for erosion; prohibit activities and uses which would result in the degradation of fragile soils and steep slopes.

      2.   Protect and preserve the visual resources which are of significant value to the community. Such resources include, but are not limited to, major hillsides, hilltops, ridges and ridgelines, knolls, mesas, cuestas and escarpments, boulder outcroppings and large boulders, canyons and natural drainage areas, and other areas of historical or visual significance. Retain the integrity of significant on site and off site views to or from these resources.

      3.   Minimize the adverse effects of grading and cut and fill operations; avoid highly visible scarring of hillsides and protect natural vegetation, sensitive hydrologic features including both surface and subsurface water, and visually prominent landforms.

      4.   Discourage mass grading and terracing of large pads but permit flexibility for reasonable development practices as appropriate.

      5.   Establish a hillside development process that requires applicants to select suitable development sites on their property through the use of slope calculations, maximum land holding capacity, or development agreements to determine the appropriate density, intensity, design and location of structures and improvements.

      6.   Provide hillside development standards and guidelines that maximize the positive impacts of site sensitive design, grading, landscape architecture and building architecture that will protect the inherent scenic value in the proposed projects subject to this chapter.

      7.   Permit the flexibility to modify or remove relatively small topographic features which have slopes distinctly different from surrounding property in order to facilitate reasonably efficient development in a particular area. The exclusion of such features or areas shall not be contrary to the overall purpose of this chapter.

      8.   Encourage the appropriate location, design and development of proposed projects which provide enhanced human enjoyment, while protecting people and property from hazardous conditions including rockfalls, rolling boulders, unstable slopes, landslides, mudslides, and erosion.

      9.   Minimize the impacts of development to the surrounding natural environment by controlling the location, intensity, pattern, design, construction techniques, and materials of development.

      10.   Provide for the ongoing upkeep and maintenance of all projects approved within the hillside protection overlay zone.

      11.   Prohibit development of uses which would likely result in an especially risky or hazardous situation (peril, jeopardy, or to expose to danger) due to slope instability, rockfalls, excessive soil erosion, expansive soils, surface water problems or subsurface water problems.

      12.   Prohibit building in areas in which geologic hazards cannot reasonably be mitigated to a generally acceptable level.

      13.   Encourage the city and owners to work together on homesites in existing subdivisions to allow building so long as it can be done safely.

      14.   Notwithstanding the above, the city council may grant a variance to allow building in any situation where a reliable taking analysis performed by the city attorney reveals that there is good cause for the property owner to assert that the city is taking all, or substantially all, of the value of the property being developed and that competent engineering, approved by the city engineer, reveals that the property will be graded and built upon safely. In the event that the affected landowner shall not be satisfied with the taking analysis, the landowner may seek the opinion of the state of Utah property ombudsman, which the city council will then consider in making its decision on the variance. (Ord. 2008-14)

The standards, guidelines and procedures established by this chapter shall apply to all lands lying within the hillside protection overlay zone as delineated in exhibit A attached to the ordinance codified herein or in rare cases in other areas deemed to meet the intent of this chapter by the city staff due to slopes greater than fifteen percent (15%). In addition, all properties seeking annexation or preapproval of projects pending annexation to the city will be evaluated according to the standards and procedures outlined in this chapter.

   A.   HP Hillside Protection Overlay Zone: The HP zone is delineated in the hillside protection overlay zone exhibit attached to the ordinance codified herein. The HP zone established by this chapter shall overlay the existing zoning classifications listed in this title. In cases of conflict between the provisions of this chapter and other established regulations, the most restrictive provisions shall apply. Lands located within the HP zone are encouraged to apply for planned development (PD) zoning to discourage hillsides from being disturbed and encourage clustering of development on land more suitable for development.

   B.   Hillside Classification Standards: Each slope category range delineates the relative suitability of land for development.

      1.   The slope categories are described as follows:

         a.   Zero percent (0%) to fifteen percent (15%); flat to gently rolling land: Development with grading is permitted in this zone. These areas are still subject to the requirements of the excavation and grading permit requirements of the applicable building code.

         b.   15.01 percent to twenty five percent (25%); moderate hillside: Special hillside architectural and design techniques that minimize grading and harmonize the built and natural environments are required in this zone. Architectural prototypes and infrastructure elements are expected to complement the natural landform by using techniques required herein. Impact of streets and trails is to be minimized by following natural contours where practicable.

         c.   25.01 percent to thirty percent (30%); hillside: Development within this zone shall be restricted to slopes where it can be demonstrated with sufficient evidence to the HRB that slopes are safe and that environmental and aesthetic impacts can be minimized. The use of larger lots, variable setbacks, and variable building structural techniques such as stepped or pole foundations are expected. Structures shall blend with the natural environment through their shape, materials, and colors. Impact of streets and trails is to be minimized by following natural contours where practicable.

         d.   30.01 percent to forty percent (40%); steep hillside: This is a sensitive slope condition and development is limited unless a specific exception is allowed by the city council as outlined in this chapter.

         e.   Greater than forty percent (40%); mountainous: This is a severe slope condition and development is prohibited unless a specific exception is allowed by the city council as outlined in this chapter.

      2.   Restrictions on potential development apply to the hillside protection overlay zone in order to preserve the character of the natural terrain as much as possible. The following provisions shall be applied to development within the HP zone:

   SLOPE AND REQUIRED OPEN SPACE

 

 

(Ord. 2008-14)

   A.   Applicable Provisions: All underlying zoning restrictions shall apply.

   B.   Permits Required: No person shall grade or construct upon property defined in the HP hillside protection overlay zone without first obtaining all required permits issued by Santa Clara City. This includes a hillside protection overlay zone permit, which shall be issued by the city's designee after HP zone plan review by city staff, hillside review board and planning commission and approval by city council. Development plans in the HP zone may be approved subject to conditions. The hillside review board (HRB), and planning commission shall evaluate each plan, and recommend comments, corrections and conditions. Plans shall demonstrate compliance with adopted building and grading codes in addition to this code.

   C.   Standards For Approval: The city council in approving, denying, or approving with conditioned approval shall apply the standards imposed by the ordinances of the city of Santa Clara, including this hillside protection overlay zone. In addition thereto the city council may impose such conditions on approval as may be necessary to ensure the safety of the proposed development, as may be recommended by either the landowner's (or developer's) engineer or the city engineer.

   D.   Application And Cost Recovery: Application shall be made for HP zone plan review upon the forms provided by Santa Clara City. The application shall be accompanied by the required reports described below. Costs for city staff review and approval of required documents under this section shall be recovered through a fee established by resolution of the city council.

   E.   Required Documents: The following documents are required to be submitted to the city's designee. Conditions of approval may be established based on the findings of such documents. These conditions shall become a part of the record and be considered binding upon the applicant as part of the approved plan. The HRB and planning commission shall review the submittal and provide a recommendation of denial, approval or conditional approval to the city council.

      1.   Slope Analysis Exhibit: All parcels containing areas determined to be within the HP zone as defined herein shall prepare a detailed slope analysis exhibit.

         a.   For the slope analysis, the applicant shall use a base topographical map of the subject site, prepared and signed by a Utah licensed civil engineer or land surveyor. This base topographical map shall include all adjoining properties within one hundred fifty feet (150') of the site boundaries to portray the site's context.

         b.   The slope analysis calculations shall be prepared by a Utah licensed professional who is proficient in creating the exhibits with the use of computer software designed for preparing said exhibits. This slope analysis shall be prepared using CAD based or GIS based software specifically designed for such purpose. Contours on the exhibits shall be prepared using no greater than two foot (2') contour intervals with ten foot (10') contours being clearly labeled and at a scale of not less than one inch equals one hundred feet (1" = 100'). The slope analysis exhibit shall delineate slope bands, with contrasting colors, for the following slope ranges: zero percent (0%) to fifteen percent (15%), 15.01 percent to twenty five percent (25%), 25.01 percent to thirty percent (30%), 30.01 percent to forty percent (40%), and 40.01 percent or greater.

         c.   Also included in the slope analysis exhibit shall be a tabulation chart indicating the land area in acres within each slope category as identified herein.

         d.   Also included in the slope analysis exhibit shall be a sufficient number of slope cross sections to clearly illustrate the extent of the proposed grading. The slope cross sections shall:

            (1)   All be drawn at the same scale and indexed, or keyed, to the existing topography, grading plan, and project site map. Both vertical and horizontal scales shall be indicated and be of the same scale. The slope cross section shall extend at least one hundred fifty feet (150') outside the project site boundary to clearly show impact on adjacent property. Slopes shall be calculated in intervals no greater than forty feet (40') along the cross sections.

            (2)   At a minimum, sections shall be drawn along those locations of the project site where:

               (A)   The greatest alteration of existing topography is proposed;

               (B)   The most intense or massive development is proposed;

               (C)   The site is most visible from surrounding land uses;

               (D)   Where grading will impact natural drainage conditions.

            (3)   At least two (2) of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines.

            (4)   The slope cross sections shall be stamped and signed by a Utah licensed professional proficient in creating such cross sections indicating the datum, source, and scale of topographic data used in the slope profiles. The signer shall attest to the fact that the slope profiles have been accurately calculated and identified.

            (5)   The slope cross sections shall show existing and proposed topography, structures, and roadways. Proposed topography and features shall be drawn with a solid line. Existing topography and features shall be drawn with a dashed line.

      2.   Concept Plan: The conceptual plan shall be reviewed by city staff, HRB, planning commission, and city council. Any application for a use in the HP zone shall include a conceptual plan of the proposed development which includes the following:

         a.   General Information: All information shall be submitted in both hard copy (paper) format as well as digital (pdf) format.

            (1)   Name, address and telephone number of applicant;

            (2)   Names, addresses and telephone numbers of the persons responsible for the preparation of any required reports;

            (3)   Date of application;

            (4)   Notarized signatures of the owners of the site or of an authorized representative;

         b.   Vicinity Map: A vicinity map showing the location of the site in relationship to the surrounding area watercourses, hillsides, prominent geographic features, roads and other significant structures;

         c.   Plan Scale: A plan of the proposed development at a scale of not less than one inch equals one hundred feet (1" = 100') illustrating:

            (1)   Boundary Lines: Boundary lines of the site and development to be made thereon;

            (2)   Preservation Areas: Any identified preservation areas within which development shall be prohibited;

            (3)   Improvements: All existing and proposed improvements;

            (4)   Zone Limits: The limits of the HP zone if only a portion of the property is within the HP zone;

         d.   Development Type: The type and nature of the development;

         e.   Goals And Objectives: The goals and objectives of the developer, including a proposed plan for the long term maintenance and ownership of improvements within the project;

         f.   General Plan Relationship: The development's relationship to and compatibility with the general plan and other city master plans;

         g.   Existing Conditions Photographs: Digital photographs of the site as it exists at time of application. The photographs shall include the number of views adequate to depict the visual character of the entire site and any special features especially prominent ridgelines or landforms and any topographical areas with steep slopes and/or unique topographical features planned for disturbance. A minimum of three (3) views of the area of the proposed development as seen from surrounding properties shall be included.

      3.   Technical Reports:

         a.   Grading Plan: A grading plan, at a scale of not less than one inch equals one hundred feet (1" = 100'), shall show the existing and proposed contours and cross sections, and proposed areas of cut and fill. A legend with appropriate symbols which shall include, but is not limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, and pad and finished floor elevations. Accurate contours, at no greater than two foot (2') contour intervals, showing the topography of the existing ground extending at least one hundred fifty feet (150') outside all boundary lines of the site, or more if needed to sufficiently show on and off site drainage, shall also be included. The grading plan shall include a description of the import or export methods to be employed in acquisition or disposal of soil and other material removed, including the location of the disposal site. A schedule shall be included showing when each stage of the project will be completed, including the estimated starting and completion dates.

         b.   Drainage Report And Plan: A drainage control plan and report shall be prepared by a Utah licensed professional civil engineer, and must be consistent with all other reports required in this section or other reports required in applicable sections of the building code.

            (1)   Information To Be Shown: The drainage plan and report shall show all surface and subsurface natural drainage systems and facilities, walls, curbing or other erosion protection devices to be constructed in connection with, or as part of the proposed work, together with a map showing the drainage area and estimated runoff of the area to be served by any drainage systems or facilities.

            (2)   Design Of Lot To Address Drainage: Each lot or parcel shall be designed in such a manner that stormwater or nuisance water shall not adversely impact other properties in the area. Property development shall not unnecessarily cause a natural drainage channel to be filled in, obstructed or diverted. When modification to a natural drainage channel is proposed within the development, such changes will be addressed in the drainage study and shown on the improvement plans, and the developer may be required to dedicate rights of way or record drainage easements for structures and/or improvements needed to carry storm runoff in the event approval is given for the proposed modifications.

            (3)   Drainage Systems Separate From Sanitary Sewer System: All drainage systems shall be separate and independent from the sanitary sewer system.

            (4)   Drainage And Flood Control Design: Drainage and flood control shall be designed in conformance with applicable city and state drainage, flood control and engineering standards, and shall comply with the city's stormwater master plan. Detention or retention features, if required, shall be designed on site or at suitable regional detention sites to limit conveyance of the stormwater from a 100-year frequency storm event onto streets or stormwater drainage easements without creating flood hazards to dwellings.

            (5)   Underground Pipe System: If an underground pipe system is required, it shall be designed to meet Santa Clara City standards and generally accepted engineering criteria. Major hydraulic structures shall be designed to carry a 100-year storm minimum. The minimum storm drain size shall be twelve inches (12").

            (6)   Detention: Detention shall be considered where it is suitable as confirmed by all required reports. Detention basins shall be used for the purpose of eliminating the effects of the peak runoff of storms and releasing water flow at the preproject, or approved, rate.

            (7)   Protection To Lower Lots: Water from precipitation and/or irrigation must be contained within the lot boundaries, or piped to appropriate drainage systems designed to safely transmit it to safe disposal. Water stored on the lot must not create unsafe slope conditions from soil saturation or erosion. A conceptual plan for all drainage shall be provided.

         c.   Improvement Plans: These plans shall show any existing and proposed buildings or structures and cross sections of the areas where they are or will be located, and all proposed roads, utilities, easements and drainage channels on the property where the work is to be performed. Also, the location of any buildings or structures on adjacent property which may be affected by grading operations shall be shown. All retaining structures shall be shown with location, height, construction type and any other details needed.

         d.   Geotechnical Report: "The Geologic Hazard And Adverse Conditions, St. George - Hurricane Metropolitan Area" document and maps prepared by the Utah geological survey (current edition) shall be reviewed when considering a site for development. A Utah licensed professional engineering geologist or a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering shall prepare the geotechnical report. The geotechnical report shall include the following:

            (1)   Conditions And Features: A general description of the topography, drainage conditions and surface vegetation. The report shall include surface features such as rock outcroppings, existing structures, debris, and unstable or wet conditions.

            (2)   Location Map: A location map showing the footprints of the planned improvements and the exploration locations with elevations.

            (3)   Subsurface Condition Evaluation: An evaluation of the subsurface conditions, including a complete record of the explorations, laboratory test results, and the elevation of the water table, if encountered.

            (4)   Potential Geotechnical Constraints: Identification of potential geotechnical constraints on the project site (such as expansive rock and soil, collapsible soil, shallow bedrock and caliche, gypsiferous rock and soil, potentially unstable rock or soil units, shallow ground water, and windblown sand), and recommendations for their mitigation.

            (5)   Springs And Seeps: The locations of any springs and seeps on the project site, and recommendations concerning the effects of the springs and seeps on the proposed development.

            (6)   Geotechnical Recommendations: Specific geotechnical recommendations for the design and construction of the proposed project, which shall include the following:

               (A)   A general assessment of the requirements needing to be met to develop the proposed site.

               (B)   Site preparation and grading, and the suitability of the on site soils for use as structural fill.

               (C)   Stable cut and fill slopes, including recommendations concerning the effects of material removal and the introduction of water, both on and off site.

               (D)   Recommendations for foundation type and design criteria, including, but not limited to, bearing capacity of natural or compacted soils, provisions to mitigate the effects of expansive, compressible or collapsible soils, differential settlement and varying soil strength, and the effects of adjacent loads.

               (E)   Anticipated total and differential settlement.

               (F)   Special design and construction considerations, as necessary, such as the excavation and replacement of unsuitable materials, excavation difficulties, stabilization, or special foundation provisions for problem soil conditions.

               (G)   Design criteria for restrained and unrestrained retaining walls.

               (H)   Soil corrosion.

               (I)   Moisture protection and surface drainage.

            (7)   Design Recommendations For Walls And Fill Slopes: Detailed design recommendations for any planned rockery walls, mechanically stabilized earth (MSE) walls, and/or reinforced fill slopes.

            (8)   Slope Stability Analysis: A detailed slope stability analysis may be required if potentially unstable rock or soil units or slope creep has been identified on the site. The analysis should include, but not be limited to, a determination of shear strength and in some instances residual shear strength, soil saturation, and treatment methods required to provide a minimum safety factor of 1.5 for any slope within the project boundary.

            (9)   Risk Factors: The HRB shall use their best judgment when requested by city staff in determining risk factors for all proposals under the jurisdiction of the hillside protection overlay zone. Risk factors will be assessed using a scale of from 1 (very low risk) to 10 (extreme risk). Development where risk factors (see below) are rated 9 (very high risk) or 10 (extreme risk) and where grading is proposed shall apply geotechnical solution to increase ground stability by at least fifty percent (50%) above existing conditions. Furthermore any property proposed for development with a risk factor of 9 (very high risk) or 10 (extreme risk) shall provide the city with an extended warranty bond for a period of two (2) years for all public improvements.

The HRB will make a recommendation when requested by city staff for assigning risk factors to each proposal as circumstances warrant in order to ensure the present and future health, welfare, and safety of residents of Santa Clara. In the absence of other compelling risk factors the following criteria should be used within the hillside protection overlay zone to assess risk:

Low (risk factor 1-5): No risk factors present other than slope.

Moderate (risk factor 6-7): Fat (blue) clay present at the surface or under the surface.

High (risk factor 8): Fat (blue) clay together with surface or subsurface water present.

Very high (risk factor 9): Fat (blue) clay and water present together with the observation of slope instability in similar geologic conditions.

Extreme (risk factor 10): The above conditions, together with a stream or other significant erosion potential near the toe of the slope.

            (10)   Inspection And Certification: It is strongly recommended that the geotechnical firm for the project also provide inspection, testing, and verification services for all grading, foundations, pavement sections, retaining structures, utility line placement, and backfill and any other construction relating to geotechnical aspects of the development. For real property for which development has proceeded on the basis of a geologic or geotechnical report which has been accepted by the city, no final inspection of a subdivision or other improvements shall be completed or certificate of occupancy issued or performance bond released until the engineering geologist or geotechnical engineering firm who prepared and approved the report provides a letter of compliance, in writing, that the completed improvements and structures conform to the descriptions and requirements contained in said report including any approved revisions.

            (11)   Geotechnical Mitigation Measures: Geotechnical mitigation measures must be reasonable and practical to implement, especially if such measures require ongoing maintenance by property owners.

            (12)   Infrastructure Maintenance: Infrastructure maintenance shall be addressed in the engineering studies. Most generally Santa Clara City maintains public improvements such as sanitary sewer, water, storm drains, power, pavement, curb, gutter and sidewalks within the public road right of way. Generally it is the property owners and homeowners' associations that maintain subsurface or surface drain lines, irrigation, drains for intercepting ground water, sewer laterals, water lines to homes, and other utilities and improvements that are located on private property.

               (A)   For all projects located within the HP zone, the engineering studies shall propose a plan for providing long term maintenance for all improvements to the property, including those improvements listed as being normally maintained by the city. Any exception to this requirement must be made by specific city council approval.

         e.   Geology Report: "The Geologic Hazard And Adverse Conditions, St. George - Hurricane Metropolitan Area" document and maps prepared by the Utah geological survey (current edition) shall be reviewed when considering a site for development. A Utah licensed professional engineering geologist or a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering shall prepare the geology report. The geology report may be included in the geotechnical report, and shall include the following:

            (1)   The location and boundaries of the project site and its general geologic setting.

            (2)   A description of the specific geologic conditions at the site.

            (3)   Identification of potential geologic hazards (such as faults, landslides, rockfall, flooding and liquefaction).

            (4)   Conclusions and recommendations regarding the effects of the geologic conditions and any potential hazards on the proposed development, and recommendations to minimize any hazard to life or property, or any adverse impact on the natural environment.

         f.   Landscape Plan: A landscape plan and report shall be prepared by a professional landscape architect licensed in the state of Utah. The report shall describe how the landscape plan meets the requirements of the HP zone and shall include a description of existing vegetation, a plan of any proposed vegetation of the site or modifications to existing vegetation, and a plan for the preservation of existing vegetation during construction activities. Erosion protection of existing and proposed slopes shall be included in the plan.

         g.   Other Reports: Other reports deemed necessary by the HRB, planning commission, and/or city council to assure the health, safety and welfare of the project residents or general public may be requested from the applicant by written specification. These may include phase I or phase II environmental hazardous materials studies, biological resources reports, or other reports. Such reports shall be submitted with other application materials.

         h.   Grading Limit Monuments: Permanent monuments shall be installed to permit monitoring and enforcement of the grading limits during and after construction activities. The monuments shall be installed at locations determined by the city in accordance with survey standards for monumentation of property corners in the state of Utah. A tee post or other approved device shall be set near all corners to clearly show the extents of the grading limit lines. Monuments shall be installed and preserved during construction at the sole expense of the applicant.

      4.   Additional Exhibits Or Reports: The HRB, planning commission and/or the city council may require additional visual analysis exhibits or other reports to adequately address unique circumstances and comprehend the full impact of any proposed development in the HP zone.

         a.   The hillside review board (HRB) may at its discretion require more detailed grading exhibits showing mitigation or grading details. The HRB shall determine the number of additional exhibits required and their locations and perspectives by visiting the site with the developer's representative;

         b.   Furthermore, in some cases the HRB may require the preparation of computer generated three-dimensional imaging or photo imbedded visual simulations to adequately depict the postdevelopment conditions and their impact on the visual character of the site. Included shall be depictions of any topographical areas with steep slopes and/or unique topographical features planned for disturbance illustrated at a distance and perspective that will adequately illustrate postdevelopment conditions along with the proposed mitigation for development. In tandem with these exhibits, shall be included predevelopment digital photographs of the site showing identical views utilized in the postdevelopment computer generated three-dimensional imaging exhibits for comparison. The HRB shall determine the number of computer generated exhibits and their locations and perspective by visiting the site with the developer's representative.

   F.   Approval Required Before Excavation: It shall be unlawful to excavate or grade any area within the HP hillside protection overlay zone prior to final approval of the site plan for permitted uses and conditional uses and the preliminary plat or minor subdivision plat for subdivisions by the city council, and prior to final approval of the required construction drawings for said site plans and subdivisions by city staff, and prior to the installation of the grading limit monuments as required.

   G.   Bonding: The city shall require the applicant to post a bond to ensure completion of revegetation projects, the stabilization of a grading site, cuts and fills, the construction of stormwater drainage facilities, and other hazard mitigation measures required in the approval of an application. Such bonds shall comply with the provisions of the Santa Clara subdivision ordinance and any other applicable city codes.

   H.   Appeals: In the event of a disagreement with the requirements imposed by the city in connection with this chapter, or the determined lack of completeness of the required submittals of this chapter, an applicant may appeal the matter as per chapter 17.16 of this title. The city shall then hear and make the final determination of the issue, subject in any event to an appeal to a court of competent jurisdiction as permitted by Utah Code Annotated section 10-9a-704.

   I.   Previously Approved Grading Permits: The requirements of this chapter shall not apply to developments or subdivisions or individual lots which had an approved grading permit or approved grading and drainage construction drawings prior to the enactment of this chapter. Projects approved prior to adoption of this chapter shall be governed by the statutes under the previous hillside development standards ordinance applicable at the time of their approval.

   J.   Plan Compliance: The city staff shall check compliance of the concept plan and issue a hillside development permit following approval by the city council. The following technical reports and plans shall be accepted as described prior to final plat approval, acceptance of the site plan and/or issuance of a building permit for structures:

      1.   Grading Plan Record Drawings And Letter Of Compliance: Upon completion of rough grading work and prior to any excavation for foundations or structures, an as graded plan prepared by and a letter of compliance provided by the Utah licensed civil engineer who prepared the approved grading plans shall be submitted to the building department and public works department for review and approval. The as graded plans shall include original ground surface elevations, as graded surface elevations and all other features that were a part of the approved grading plan. The engineer shall provide a letter of compliance on the as graded plan that the work was done in accordance with the approved grading plan and the city's grading requirements, including any approved revisions to the plans or requirements.

      2.   Landscape Plan Letter Of Compliance: Landscape and irrigation plans shall be prepared by a licensed landscape architect and shall be submitted to and approved by the building department. A Utah licensed landscape architect shall provide a letter of compliance to the city stating that the plans comply with the requirements of this chapter and recommendations contained in the geotechnical report.

      3.   Drainage Plan Letter Of Compliance: The drainage plan shall be approved by the city engineer. The plan shall be prepared in conformance with guidelines available in the city engineer's office. The point of location where the natural drainage channel enters and leaves the property may not be changed without approval of the city engineer. A Utah licensed engineer shall provide a letter of compliance stating that the plans comply with the requirements of this chapter as well as the city's drainage requirements.

      4.   Construction Drawings And Improvements Plan Letter Of Compliance: The construction drawings and improvements plan shall be reviewed and approved by the city engineer. A Utah licensed engineer shall provide a letter of compliance stating that the plans comply with the city's construction drawing requirements. The city engineer shall verify that any existing buildings or structures, and all roads, easements and drainage channels on the property where the work is to be performed or on adjacent properties is accurately illustrated and described.

      5.   Other Requirements: Other reports, such as geotechnical construction observation and testing compliance reports deemed necessary by the individual or body designated to grant approval may require letters of compliance. If necessary, any requirements for approval will be described at the time of the initial request for additional technical reports, and letters of compliance will depend on the procedure, conditions, or terms described therein.

   K.   Verification Of Compliance: For developments on a development parcel applicable to this code, a letter of compliance by a Utah licensed engineer that the development has been completed in compliance with the approved hillside development permit, including satisfaction of any conditions contained in the permit, shall be required. Restoration bonds shall not be released, and certificates of occupancy shall be withheld for such a development, until such certification has been received and approved by the city engineer.

   L.   Penalties: In addition to any other penalties, a city officer from the building department or public works department shall have the right to order a halt to construction of any improvements within an HP zone where, in the officer's discretion, there exists a condition which violates, or threatens to violate, any provisions of this chapter. Such suspension of construction activities shall continue until the city officer is satisfied that measures have been implemented for substantial compliance with this chapter. The developer may appeal to the city council. The city may enter legal proceedings to require any person who violates this section to fund and return a site to the condition found prior to any disturbance, with a city official to determine when this natural state has been achieved, or to set specific requirements necessary to achieve the natural and restored state. Legal proceedings may also seek to impose and collect a fine in order to recover staff costs incurred through addressing any violation of this section. (Ord. 2008-14)

All proposed development and improvements within the HP zone are subject to the following required development standards. These standards are intended to provide a framework for development that is sensitive to the unique characteristics of hillside properties. Their purpose is not to discourage proposals for innovative or alternative methods of design in a hillside area; innovation is encouraged as long as the end result is one which respects significant landform features and is consistent with the purposes expressed in this chapter and in the goals and objectives of the Santa Clara City general plan.

   A.   Disturbance Limitations: The following criteria shall be applied in establishing the limits of disturbance for a site:

      1.   Adverse visual impacts from within and without the development shall be minimized unless doing so precludes another objective of the HP zone. The screening of cuts and fills, and the visual protection of prominent ridgelines, rock outcroppings, scenic views, and the natural terrain is required unless doing so precludes another objective of the HP zone.

      2.   Disturbed slopes should be treated to minimize erosion, and natural drainageways shall be protected unless doing so precludes another objective of the HP zone.

      3.   The clearing of trees, shrubs and other native vegetation should be limited to: the approved locations for streets, driveways and easements; the approved locations for building pads for structures, other main buildings and accessory structures; the minimum distance between structures and surrounding vegetation for established fire prevention and safety standards or recommendations.

      4.   Significant trees, shrubs and other native vegetation should be preserved in the design of the development. Significant vegetation is to be identified on a map with the application submittals and the HRB will review the submittals and visit the site to determine the significance of existing vegetation.

      5.   All topsoil from any disturbed portion of the site should be preserved and utilized in revegetation areas. The soil in the upper portion of fill areas shall be of a sufficient quality to support native plant growth.

      6.   The maximum limits of disturbance shall be identified on each lot or parcel of the approved site plans and subdivision plats and shall include all graded, excavated, and filled areas, the areas occupied by main and accessory structures, hard surface areas that include driveways, walkways, patios and parking areas, and all other areas of disturbance or nonnative vegetation.

      7.   All lots and building pads shall be graded during construction of the development, including all retaining walls, roadways, utilities, and all other improvements needed to complete the site work. No building permits for structures will be issued or recordation of any subdivision plats prior to completion of all site work unless specifically approved by the city council.

   B.   Grading Design: Grading for all developments shall be designed to blend with the contours of the adjacent natural terrain.

      1.   Limits Of Grading: No grading, cutting, filling, excavating, benching or terracing of any proposed lot or parcel shall go beyond the maximum limits of disturbance for each lot or parcel as provided herein.

      2.   Cuts And Fills: All cuts and fills shall be minimized and shall be included within the maximum limits of disturbance for each lot or parcel. All cut and fill areas shall be recontoured to the natural, varied contours of the surrounding terrain with a maximum slope transition back to the natural grade no greater than two to one (2:1). Slope ratios greater than two to one (2:1) are prohibited except for approved cuts into solid rock only. Any such proposed cut into rock shall be reviewed by the HRB for appropriateness, suitability, and visual impact in order to grant approval if warranted. For approved cuts into solid rock, the slope may be as steep as one-half to one (1/2:1) if recommended by a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering, and if the visual impact of the cut can be adequately mitigated. All areas of cut and fill shall be protected from erosion during the period of construction and shall be permanently planted or otherwise protected from erosion within twenty (20) days of the completion of grading and excavation as identified by the approved landscape plan.

Where cut or fill conditions are created, slopes shall be varied and rounded where feasible rather than left at a constant angle which may be unstable or create an unnatural, rigid, engineered appearance.

      3.   Cuts And Fills Visual Mitigation: The visual impact of cuts and fills shall be mitigated by methods approved by the city council. Mitigation shall predominantly be contour grading along with plantings as identified on the approved landscape plan that will stabilize the cut or fill slope and blend with the surrounding vegetation. Other mitigation may include, but is not limited to, the placement of buildings so as to screen the cuts and/or the placement of retaining walls designed to blend with the surrounding terrain to stabilize the cut and blend with the surrounding terrain. The use of retaining walls is to be as limited in scope and height as feasible to ensure the visual predominance of vegetation. Contour grading techniques shall be used to provide a natural appearing variety of slope transitions, slope percentage and slope direction in a three-dimensional undulating pattern similar to existing terrain.

         a.   Cut and fill operations shall be given a rounded appearance that closely resembles the natural contours of the land.

         b.   Graded slopes adjacent to roadways shall be softened by sufficient berms, contour grading, and/or landscaping to create natural, varied and pleasing streetscapes.

      4.   Street And Driveway Alignment: Street alignments shall run generally parallel along the contours of the natural terrain. Short sections of streets that run perpendicular to natural contours and serve the purpose of connecting main parallel sections of streets are permitted and shall follow the natural curves of drainageways where practicable. Streets shall not greatly alter the physical and visual character of a hillside by creating large notches in ridgelines or by defining wide straight alignments. Contour grading techniques shall be employed on all streets and associated cut and fill areas to minimize any adverse impacts. Reduced width road sections, split road sections, and split parking bays are potentially acceptable techniques to employ in the layout of hillside streets to reduce grading.

The portions of driveways that run perpendicular to natural contours and serve the purpose of accessing building lots and parcels shall be as short as practicable. Driveways that serve more than one parcel are permitted as a method of reducing unnecessary grading, paving and site disturbance. If lots and parcels will be sharing driveways, cross use easements shall be recorded with the subdivision.

Shared driveways can reduce grading.

      5.   Open Space Trails: Trails through open space shall be located such that cuts and fills are minimized and visual character is preserved.

      6.   Building Site Grading: Building site grading shall be minimized so as to preserve natural features. Careful consideration shall be given to the general orientation of the slope when locating structures.

      7.   Cut And Fill Conditions: On each building site, careful consideration shall be given to the cut and fill conditions such that a balance is achieved where feasible and consistent with the intent of this chapter to minimize the visual impact of grading. Different terrain conditions call for corresponding different cut and fill solutions such that the structure fits well into the topography as illustrated below. Impact to natural drainageways shall be avoided.

   C.   Prominent Ridgeline And Mesa Edge Visual Preservation: To minimize the adverse visual impacts that new development can have on prominent ridgelines and their associated viewsheds, the following setbacks shall apply:

      1.   For new developments the minimum setback from a prominent ridgeline, as shown on the hillside protection overlay zone map, is fifty feet (50') for one-story structures and sight obscuring privacy fences and walls unless a greater setback is recommended in the geotechnical report. The setback is one hundred feet (100') for 11/2- and two-story structures unless a greater setback is recommended in the geotechnical report. On individual lots previously platted, any setback; front, rear, or side may be modified by the city council as determined in the best interest of the city unless a greater setback is recommended in the geotechnical report or a greater setback is recommended by the HRB for safety and stability.

   D.   Architectural Standards: The purpose of establishing architectural design standards in the HP zone is to ensure quality development that blends with the hillside environment and to create neighborhoods that display harmonious and complementary architectural styles. To achieve hillside compatible development, the city recognizes the importance of having architectural design that incorporates low profile rooflines and other building elements which reflect the naturally occurring ridgeline silhouettes and topographical variations.

      1.   Building Setbacks: A variety of building and lot orientations shall be provided in order to encourage development suitable with the hillside character of the site.

         a.   Rear Setback: Unless a greater setback is recommended in the geotechnical report or the structure is located on a prominent ridgeline where a greater setback applies as detailed herein, a minimum building setback of fifteen feet (15') from top of slope and/or an average setback of fifteen feet (15') shall be provided from the edge of the pad.

         b.   Viewshed Protection:

            (1)   Structures shall be designed so the slope angle of the roof pitch is generally at or below the angle of the natural hillside or graded slope.

            (2)   Site planning shall emphasize the preservation of views to prominent visual features such as ridgelines, as viewed from within and outside the hillside development. This includes building orientation to allow view opportunities and locating buildings on the least sensitive portions of the site so as to preserve landforms, vegetation and topographical features.

            (3)   Hillside buildings shall be stepped to follow the contours of the slope. For aesthetic reasons, exterior structural supports and undersides of floors and decks not enclosed by walls are discouraged but may be permitted with fire safety and architectural considerations adequately addressed to the satisfaction of the city.

      2.   Building Style: Architectural styles shall be compatible with the hillside character, topography, and theme of the community. Hillside adaptive architecture, as described below, shall be used within the HP zone:

         a.   Buildings shall be stepped as necessary to minimize grading.

         b.   A variety of roof orientations and types which emphasize roof pitches reflecting the overall slope of the hillside shall be incorporated into the design of the buildings.

         c.   Enhanced architectural elevations are required where the front, rear or side of units face public view. Units shall avoid massive walls and monotonous patterns of building silhouettes to the satisfaction of the city council.

         d.   The dimensions of a building, measured in the direction of the slope shall be minimized in order to limit the amount of cut and fill and to better incorporate the structure to the natural terrain.

         e.   Buildings may be clustered to respect and adapt to the existing topography. Flexible siting techniques including varying the position of the structures and varying the sizes of lots shall be used as necessary to preserve the character of the hillside setting.

      3.   Architectural Treatments: Publicly visible exterior walls of any building shall be designed to avoid monotonous or continuous facades. A single, continuous vertical or horizontal plane on the front and rear facade of any building is not permitted. Architectural features and details shall be incorporated in all exterior walls of the building, including the rear and sides of the building. Buildings may utilize wall articulation (i.e., insets, pop outs, etc.) and roof orientation as a means to break up the massing.

         a.   The form, mass and profile of the individual buildings and architectural features shall be designed to blend with the natural terrain and preserve the character of the natural slope. Avoid the use of large gable ends on downhill elevations. The predominant roof slope shall be oriented in the same general direction as the natural slope.

         b.   Avoid large roof overhangs and cantilevers on downhill elevations to reduce the massive appearance from below.

      4.   Finish Materials, Color, And Reflectivity: Building materials and colors shall blend with the natural setting. The color, material and texture palette shall be reinforced with compatible landscaping consistent with the landscaping requirements of this chapter. The light reflective value (LRV) of materials used on all exterior walls and roof areas shall be similar to the LRV of the surrounding terrain. The building material colors and their LRVs shall be submitted with the final application.

      5.   Fencing And Privacy Walls: All fences and privacy walls adjacent to or clearly visible from public roads or parks shall be either virtually transparent (such as wrought iron fencing) or constructed of materials which have a natural appearance and color that blends with the surrounding environment and is complementary to the landscape. The applicant shall present illustrations, sample materials, and descriptions of fencing and wall materials to demonstrate compliance with the requirements of this subsection.

All walls and fences adjacent to or visible from public roads shall be set back from the road right of way by a minimum of six feet (6') (or greater where cited elsewhere in this code) landscaped area on the street side of the wall or fence. Additionally, walls and fences not exceeding six feet (6') in height are permitted adjacent to structures in order to provide a private outdoor area. A minimum flat area from top or toe of slope of three feet (3') or more as required by the adopted building codes of the city shall be maintained to face of wall on slopes with slope heights of thirty feet (30') or greater as per the following diagrams:

   E.   Landscape Design Standards:

      1.   Landscaping shall be designed to stabilize graded slopes, prevent erosion and be compatible with surrounding natural vegetation.

         a.   Cut Or Fill Slopes: All plant material used on cut or fill slopes shall be as nearly compatible with plant material found on adjacent undisturbed hillsides as possible. Such slopes shall use Xeriscaping landscape methods with no irrigation systems allowed on or adjacent to the slope itself.

         b.   Pad Sites Or Flat Areas: All plant materials on pad sites or relatively flat areas shall be of a desert type requiring little or no irrigation. Hand watered fired pots or other similar watertight containers may be used to hold additional landscape materials. Any lawn area shall consist of artificial grass. Rocks and colored or natural stones make desirable landscape materials for pad areas. Any other proposed landscaping shall be specifically approved by the city council and should consist of low water plantings with minimal irrigation requirements.

         c.   Terraced Areas: On terraced areas between retaining walls, minimal desert type landscaping may be considered using the same methods as used for pad sites.

         d.   Slope And Landscape Maintenance: Homeowners' associations (HOAs) and assessment districts or other acceptable legal entities are required in the HP zone to maintain common open space. All landscaped slopes not included within a landscape maintenance district (LMD) shall be maintained by an HOA or a property owners' association (POA) for the permanent maintenance of landscaped slopes and other areas. An HOA or POA shall be required to establish a maintenance district with responsibility for maintenance. Should the HOA disband or neglect their duties to maintain the slopes and landscaping, the city may contract with a landscape maintenance contractor for ongoing maintenance and place a lien against any and all private or common areas in the project to ensure repayment to the city of any incurred expense.

      2.   Prior to an occupancy permit being issued, landscaping plans for individual homes within any development must be reviewed and approved by the city to assure compliance with this chapter and any conditions imposed during the hillside development permit process.

   F.   Retaining Walls: The purpose and intent of establishing development standards for retaining walls is to ensure that the retaining walls are structurally sound and are not visually intrusive. The location of all retaining walls, privacy walls, and fences along with their proposed heights, materials and colors, shall be shown on the grading plan and concept plan. All retaining walls, privacy walls and fences shall be located within the maximum limits of disturbance for each lot or parcel.

      1.   General Standards:

         a.   The maximum length of any continuous retaining wall shall not be more than two hundred (200) linear feet.

         b.   Retaining walls shall be used for the purpose of containing fill material or for minimizing cut or fill slopes. The retaining wall may only extend six inches (6") above the material it is retaining.

         c.   A retaining wall shall not block or restrict vehicular access to a dedicated or implied dedicated alley, accessway, pedestrian access, trail, sidewalk, easement, or right of way.

         d.   All retaining walls, privacy walls and fences surrounding a development's perimeter shall be faced with stone or earth colored materials that blend with the color and texture of the surrounding natural landscape.

         e.   Curved retaining walls that follow the natural contours are strongly recommended, but not required.

         f.   All retaining walls as well as all freestanding walls and fences shall comply with the adopted building codes of the city.

      2.   Height Standards:

         a.   No portion of a retaining wall shall exceed nine feet (9') in height as measured from the immediately adjacent lowest natural or finished grade to the top of wall unless it can be demonstrated in the overall mitigation plan for cuts and fills that taller walls will not detract from the surrounding terrain. Retaining walls shall not be stacked or terraced in any manner that increases their combined height beyond nine feet (9'). If desired, two (2) subwalls may be stacked or terraced to a maximum combined height of nine feet (9'). A minimum separation of six feet (6') is required between subwalls as measured from face of wall. The separation area between the sets of subwalls shall be planted with low water use/low maintenance shrubs or other vegetation as approved in the landscape plan. This vegetation will help reduce the apparent visual height of the walls. Tree planting in the zone between subwalls requires a separation of at least twenty feet (20').

         b.   For purposes of this subsection, retaining walls are not considered stacked or terraced if there is a minimum horizontal separation of ten feet (10') between sets of retaining walls. With the minimum ten foot (10') separation, each retaining wall set may be constructed to the maximum allowed height; either the nine foot (9') height or the taller height demonstrated that would not detract from the surrounding terrain. The separation area between the sets of retaining walls shall be planted with low water use/low maintenance shrubs or other vegetation as approved in the landscape plan. No more than three (3) adjacent retaining walls (or 27 feet in total height) will be allowed, unless specifically approved by the city council.

         c.   Retaining walls may be constructed to varying heights throughout a development.

            (1)   Retaining walls constructed in the side yard area between two (2) homes shall not exceed a height of four feet (4'); provided that such wall does not extend into a required front yard setback adjacent to a street.

            (2)   Retaining walls constructed in the rear yard area of a lot shall not exceed a height of eight feet (8').

            (3)   All planting areas between and adjacent to retaining walls shall be provided with an automatic irrigation system suitable for low water use vegetation. Such irrigation system shall be approved and inspected prior to the construction of any wall.

            (4)   Where a retaining wall contains fill above the natural grade and is located within a required setback yard, the height of the retaining wall shall be considered as contributing to the permissible height of a fence or wall at that location. A nonview obscuring fence up to three and one-half feet (3.5') in height may be erected at the top of the retaining wall for safety.

         d.   Retaining walls not exceeding six feet (6') in height are permitted adjacent to structures in order to provide a private outdoor area.

   G.   Corrective Work: Nothing in this section shall prohibit the city from authorizing grading deemed necessary to correct previously disturbed natural areas or existing hazardous conditions that are on site but not a part of the proposed development area that are brought to the city's attention, in which case the applicant will investigate possible alternatives with subsequent review by city staff, city engineer, hillside review board, planning commission and/or city council. (Ord. 2008-14)

   A.   Established: There is hereby established a hillside review board for the city.

   B.   Powers And Duties: The hillside review board shall have the following responsibilities:

      1.   As requested by city staff, review developments proposed within the hillside protection overlay (HP) zone as defined in subsection 17.80.020A of this chapter and make a recommendation for approval, conditional approval, or denial to the planning commission and city council. When requested by city staff, recommend designation of applicable risk factors.

      2.   Provide advice and support as needed to the city staff, planning commission and city council in connection with reviewing requests for zoning changes or other development applications within the HP zone.

   C.   Membership, Appointment: The hillside review board shall consist of five (5) members as follows:

      1.   Three (3) persons who are experts in any of the following fields: geotechnical engineering, civil engineering, geology, architecture, landscape architecture, land planning, or similar applicable areas of expertise; and two (2) citizens of the city representing the public at large. If it is determined to be not feasible to fill the member positions of those with the identified fields of expertise, these positions shall be assumed by citizens at large. In addition to the five (5) members mentioned above, two (2) alternate members may be appointed to serve when a quorum is not otherwise present. The alternate members may be any citizen of Santa Clara City. The experts need not be residents of Santa Clara City.

      2.   All members shall be appointed by the mayor with the approval of the city council. The board shall select a chair and vice chair and determine the dates and times to schedule meetings as the need arises when applications are submitted for proposed developments within the HP zone.

   D.   Membership, Terms, And Vacancies: The members of the hillside review board, appointed as provided above, shall serve for four (4) years on overlapping terms. Any midterm vacancies shall be filled by appointment of the mayor and approval of the city council for the balance of the unexpired portion of the term. Members may be reappointed to successive terms.

   E.   Quorum; Vote Required: A quorum of the hillside review board shall be three (3) members, and a majority vote of a quorum shall be required for a decision of any matter before the board, but the minimum number of yes votes required for a decision shall never be less than three (3). If a quorum is not present, no meeting shall be held, and any items of business shall be continued to the next meeting of the board. (Ord. 2008-14)

For the purposes of this HP zone chapter, the following words and phrases defined in this section shall apply:

AS GRADED: The surface configuration upon completion of grading.

   BENCH: Relatively level step excavated into earth materials on which fill is to be placed for intermediate drainage area.

   BERM: A low mound of earth graded in a linear or undulating form; often used as a noise or visual barrier.

   BUILDING: A structure having a roof supported by columns or walls.

   BUILDING HEIGHT: The vertical distance measured from the ground level grade to the top of the building.

   CANYON: A deep, narrow valley having high, steep slopes.

   CLUSTERING: Land planning technique appropriate for large subdivisions in which some areas are reserved as open space. Clustering allows the permitted units in an area to be grouped more densely in the most developable parts of a site.

   CONTOUR: A line drawn on a plan which connects all points of equal elevation.

   CONTOUR GRADING: A grading concept designed to result in earth forms which resemble natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks. Contour grading is not necessarily minimal grading.

   CUESTA: A landform that has a steep ascent in one direction and a gentle descent in the opposite direction. The steep slope is the cuesta face, and erosion escarpment, and the gentle face is the back slope of the cuesta. The crest of the cuesta forms a ridgeline.

   CUT: The mechanical removal of soil, rock or other earth material.

   CUT AND FILL: The excavating of earth material in one place as cut and depositing of it as fill in an adjacent place.

   DEVELOPMENT: The carrying out of any building activity or clearing of land as an adjunct of construction. "Major development" shall be considered to be subdivision platting, including various land uses and/or housing types.

   DEVELOPMENT PARCEL: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

   ELEVATION: Height or distance above sea level.

   EROSION: The process by which the soil and rock components of the earth's crust are worn away and moved from one place to another by natural forces such as weathering, solution and transportation.

   ESCARPMENT: A long cliff or steep slope separating two (2) comparatively level or more gently sloping surfaces and resulting from erosion or faulting.

   EXCAVATION: Any disturbance to the ground, including, but not limited to, clearing, grubbing, rock removal, cutting, tunneling, drilling or any other activity which alters the natural ground. "Minor" excavation shall mean a vertical cut of three feet (3') or less, or a disturbance of less than one acre of surface area. "Major" excavation shall mean a vertical cut of more than three feet (3'), or disturbance of more than one acre of surface area.

   EXISTING GRADE: The grade of land prior to grading.

   EXPORT: Excess cut that is removed from a grading project and deposited off site.

   FILL: A deposit of rock, soil or other earth material placed by artificial means.

   FINISH GRADE: The final elevation of the ground surface after development, which conforms to the approved plan.

   FLOODPLAIN: The land area adjacent to a watercourse which is subject to the overflow of floodwaters.

   GEOTECHNICAL ENGINEER: A person with a four (4) year degree in civil engineering or engineering geology from an accredited university who, through training and experience, is able to assure that geological factors affecting engineering works are recognized, adequately interpreted and presented for use in engineering practice and for the protection of the public.

   GRADE: The vertical location of the ground surface.

   GRADE SEPARATION: The separation at different levels of two (2) intersecting roads, by bridge, tunnel, or underpass, so as to permit the roads to cross without obstructing free traffic movement on either road.

   GRADING: To bring an existing surface to a designed form by excavating, filling or smoothing operations.

   HILL: A small area of land that is higher than the land around it.

   HILLSIDE: A parcel of land or a definable portion thereof with an average rise or fall of more than one and one-half feet (1.5') vertically for every ten feet (10') horizontally (15 percent slope).

   IMPORT: Fill material obtained off site to balance a grading project.

   IMPROVEMENT: An object, facility or structure generally constructed as a part of development.

   KNOLL: A small, round hill or mound.

   LAND: The portion of the earth's surface above the level of the sea or ocean.

   MASS GRADING: The movement of large quantities of earth over large areas. Disruption of the majority of the on site surface terrain is common and often results in a successive pad/terrace configuration. Modification or elimination of natural landforms may result.

   MESA: A typically flat topped landform with generally steep sides.

   MINIMAL GRADING: A grading concept designed to minimize excavation and filling. Allows the movement of earth for projects such as individual building foundations, driveways, local roads, and utility excavation. Concept often associated with roads conforming closely to natural contours with the structures being built on natural terrain.

   NATIVE VEGETATION: The natural vegetation commonly found in an area.

   NATURAL AREAS: Undeveloped sites which have not been graded.

   NATURAL OPEN SPACE: The landform as created by nature or subsequently modified by either agricultural activities or to meet fuel modification fire standards of the plan. Within natural open spaces, vegetation introduced for agricultural purposes may be removed and the area revegetated to a natural condition. Existing trees, riparian vegetation and native plant communities within natural open spaces shall be preserved and protected. Manmade water bodies and trails through natural open spaces may be considered as natural open space.

   NATURAL SLOPE: A slope which is not manmade. A natural slope may retain the natural vegetation during adjacent grading operations, or it may be partially or completely removed and replanted.

   OPEN SPACE: Land not covered by buildings, roads or vehicular accessways and including such areas as private yards, landscaped areas, slopes, natural areas, common areas, greenbelts or parks, etc.

   OUTCROPPING: The part of a rock formation that appears above the surface of the surrounding land.

   PAD: A generally flat or stepped area created by grading to accommodate development.

   PLATEAU: A flat or predominantly flat area of land which is raised sharply above adjacent land on at least one side.

   PROMINENT RIDGE: A ridge or hilltop identified on the hillside protection overlay zone map (exhibit A attached to the ordinance codified herein).

   RIDGE: A long, narrow, or sharply defined conspicuous elevation of land.

   RIDGELINE: The junction of a rising steep slope on one side and a mildly ascending or a descending slope that may either be gentle or steep on the other side. See sketch below for the intended location of ridgeline as being the same as top of slope.

   SCAR: A highly visible cut in a hillside or ridge in which all topsoil has been removed and vegetation will be unable to establish itself within a significant period of time (5 years).

   SETBACK: The area between the building line and the property line, or when abutting a street, the ultimate right of way line. No structure or building is allowed in this area.

   SINGLE LOADED STREET: A street with lots fronting on one side only.

   SITE: Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

   SLOPE: An inclined ground surface, the inclination of which is expressed as a ratio of the vertical distance (rise), or change in elevation, divided by the horizontal distance (run), and expressed as a percentage. The average slope calculation formula is provided in subsection 17.80.030E1 of this chapter.

   SLOPE, MANUFACTURED: A manmade slope consisting wholly or partly of either cut or filled material.

   SLOPE TRANSITION: The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally.

   TOE OF SLOPE: The lowest elevation of a slope which transitions to a flatter area or pad.

   TOP OF SLOPE: The highest elevation of a slope which transitions to a flatter area or pad.

   TOPOGRAPHY: General term to include characteristics of the ground surface such as plains, hills, mountains, degree of relief, steepness of slope, and other physiographic features.

   UTAH LICENSED PROFESSIONAL: A Utah registered or licensed civil engineer, land surveyor, architect or landscape architect.

   VEGETATION: Growing native or nonnative plants.

   VIEWSHED: Areas which can be viewed from arterial roads, major collector roads or public gathering places which visually dominate an individual's cone of vision. (Ord. 2008-14)