The city council of South Weber, Utah, deems that, in order to keep the peace, health, safety, and welfare and promote the best interest of the inhabitants of the city of South Weber, these "sensitive lands development regulations" be created, which shall provide standards, guidelines and criteria, having the effect of minimizing flooding, fire, erosion, and other natural and manmade hazards and protect people and property while protecting the natural scenic character of the sensitive land areas not suitable for development, or suitable for development only after mitigation of hazards and ensuring the efficient expenditure of public funds.

The standards, guidelines, and criteria to be achieved by the overlay zone shall include, but not be limited to, the following:

   A.   The protection of the public from natural and manmade hazards;

   B.   The minimizing of the threat and consequential damages of fire in foothill areas by establishing fire protection measures;

   C.   The preservation of natural features, wildlife habitat and open space; (Ord. 2001-5, 2-13-2001)

   D.   The preservation of public access to mountain areas and the preservation of natural drainage channels;

   E.   The preservation and enhancement of visual and environmental quality by use of natural vegetation and the prohibition of excessive excavation, terracing and removal of natural vegetation; (Ord. 09-03, 8-11-2009)

   F.   The establishment of traffic circulation facilities that ensure ingress and egress for vehicles including emergency vehicles into all developed areas at any time of the year with minimal cuts, fills, or visible scars;

   G.   The encouragement of a variety of development designs and concepts that are compatible with the natural terrain of the foothill areas, that will preserve open space and natural landscape;

   H.   The establishment of land use management criteria that will encourage protection of natural elements while allowing a harmonious and satisfying residential environment;

   I.   The encouragement of regard for the view of the foothills, as well as the view from the foothills; and

   J.   The determination of areas in the city that, due to geologic hazards, may not be suitable for development, or may require engineering measures to reduce the hazards to an acceptable level. (Ord. 2001-5, 2-13-2001)

   A.   The provisions of this chapter shall apply to all lands in South Weber City that are so designated as sensitive lands on the sensitive lands overlay map located in the South Weber general plan or as determined by the city.

   B.   This chapter makes additional provisions to those set forth in title 11 of this code and other chapters of this title. Additional requirements not covered in this chapter may be required by the city if they determine that it reasonably appears that there are additional hazards associated with the site. In the event of conflict between such foregoing designated chapters of this title, the more restrictive provisions shall apply. (Ord. 09-03, 8-11-2009)

   C.   The provisions of these amendments shall have no application to subdivisions, planned unit developments, or other construction projects, which have been granted preliminary approval prior to the adoption of this chapter. (Ord. 2001-5, 2-13-2001)

The South Weber general plan map specifies areas of the city which are development sensitive for various defined reasons. When these areas are proposed for development, the applicant must go through the process outlined in this chapter in conjunction with title 11, "Subdivision Regulations", of this code. Properties within this overlay may not be suitable for development or may only be suitable after mitigation of the hazards associated with the specific site. Development within sensitive lands may have one or more of (but is not limited to) the following natural and manmade hazards: slope ten percent (10%) or above, dense brush, faults/fault zones, high liquefaction potential, debris flow and other sediment laden flows, flooding, landslides, rockfalls, shallow groundwater, potentially contaminated grounds, groundwater, and wetlands.

In the event that there are hazards in an area that are not depicted on the sensitive lands overlay map, studies, as determined by the city and at the developer's expense, may be required and the process outlined in this chapter will be followed. The sensitive lands overlay map is located in the map section of the general plan. (Ord. 09-03, 8-11-2009)

The boundary lines of the sensitive lands overlay and the hazards therein are a general depiction and should be field verified.

Where there is a conflict between the boundary lines illustrated on the map and actual field conditions, or where mapped hazards are not present within a particular area, the dispute shall be settled as follows:

   A.   The applicant shall submit to the city, technical and geologic evidence by a qualified geotechnical engineer or geologist to support the claim.

   B.   The sketch plan review committee may require additional reviews. These reviews may be generated by the Utah geologic survey (UGS) or an independent geologist or geotechnical engineer. The cost for all reviews is the sole responsibility of the developer.

   C.   If, after additional reviews are made, the sketch plan review committee agrees with the applicant's engineer and the site is determined to be out of the sensitive lands overlay area, the applicant may proceed with their application as outlined in title 11, "Subdivision Regulations", of this code. (Ord. 09-03, 8-11-2009)

   D.   If, after additional reviews are made, a consensus is not reached by the sketch plan review committee and the applicant, the item may be appealed to the city appeal authority.

   E.   The applicant shall pay any costs incurred for any review considered necessary by the sketch plan review committee, other than costs relating to the city's geological hazards ordinance, the costs for which are equally shared by the applicant and the city. (Ord. 13-03, 6-25-2013)

Each step should be followed in the order outlined.

   A.   A meeting may be requested to determine the feasibility of the development and review the sensitive lands overlay map from the general plan to determine if the site is in the sensitive lands area and if it is, what hazards are associated with the site. If the site is outside of the sensitive lands area, the process outlined in title 11, "Subdivision Regulations", of this code will be followed. If it is subsequently determined that the site is within the sensitive lands area or the site has geologic hazards that are not shown on the map the review process will be pursuant to this chapter.

   B.   All building permits on single lots, which are in the sensitive lands' areas, will follow the outline through this section up to subsection D of this section after which the building permit may be issued administratively after it is determined that the lot can be developed in accordance with the intent of this chapter.

      If the only hazard associated with the site is high liquefaction, then the applicant must submit a soils report with recommendations for control of subsurface water as well as footing and foundation design after which the proposal will follow the process outlined in title 11 of this code.

   C.   All applications required in this section shall first be submitted for review by the City Planner or designee and the City Engineer or designee. The following items are required to be submitted with the application for site plan:

      1.   Location of the proposal, with identification of abutting streets;

      2.   A plan showing the average "slope" (as defined in section 10-14-8 of this chapter) of the proposed site broken down into homogenous slope zones, generally with no more than a five percent (5%) difference in slope within each slope zone and with each zone no smaller than ten thousand (10,000) square feet;

      3.   The number of lots;

      4.   The location and size of proposed lots;

      5.   Location, width, and grade of all proposed streets or hard surfaced areas, and radius of any cul-de-sac;

      6.   Soil/geologic report that addresses all items in the scope of work as approved by the committee and, if applicable, recommendations by a qualified geotechnical engineer. Reports shall be site specific and identify all geologic hazards, whether on or off site, if it affects the particular property including the following hazard(s):

         a.   Flood history and potential; proximity to known canals, lakes, streams, and alluvial fan flooding;

         b.   Definition of any zones of deformation with respect to active faults and recommended setbacks therefrom;

         c.   Evidence for other mass movement of soil and rock (landslides, debris flows, rockfalls);

         d.   Evaluation of the site for global and local instabilities;

         e.   Identification of anomalies of the terrain or characteristics of the geological materials which would have any potential impact upon the use of site;

         f.   Determination of characteristics including any contamination that may be present in the groundwater or soil;

         g.   The report shall contain written recommendations for construction of structures and avoidance or mitigation of the hazards;

         h.   Report on soil characteristics. Data regarding the nature, distribution, and strength of soils within the project area. The soil report shall include a unified classification of all soils with an estimate of susceptibility to erosion, plasticity index, liquid limit, shrink-swell potential, and general suitability for development;

         i.   Estimate of the likely highest level of the water table considering the long-term effects of development and irrigation.

   D.   After the application is received, the geologic and soil report will be reviewed by the City Planner or designee and the City Engineer or designee and, if geologic hazards exist, other geotechnical advisors which may include the Utah geologic survey (UGS). If after review, the committee concurs with the geologic and soil report submitted by the applicant, the item will be forwarded to the planning commission for review for preliminary plan or site plan approval. If the submitted information does not provide sufficient data for recommendation of approval, the City may require additional studies to be performed.

   A determination by the City Planner or designee and the City Engineer or designee that the site plan cannot be developed may be appealed by the applicant to the appeal authority by filing of a written notice of appeal within thirty (30) days of the action.

(Ord. 13-03, 6-25-2013; amd. Ord. 2023-17, 11-28-2023, eff. 1-1-2024)

The following provisions shall be required in addition to those required by title 11 of this code:

   A.   A protective easement may be required to be granted to the city for protection and preservation of sensitive lands;

   B.   Indication of existing and proposed contours;

   C.   Indication of the present and proposed slope for each graded area;

   D.   Location and identification (by species) of existing vegetation, an indication of vegetation proposed for removal, and a revegetation proposal;

   E.   Existing and proposed drainage patterns;

   F.   Location and depth of all proposed fills and cuts;

   G.   Description of the methods to be employed to achieve stabilization and compaction. This requirement may be satisfied if it was required at conceptual or annexation approval as part of the slope stabilization proposal;

   H.   Location and capacities of proposed drainage, structures, and erosion control measures;

   I.   Computation of runoff for storm events before and after development (storm data requirements given by the city engineer); and

   J.   Location of existing buildings or structures on the site and location of existing buildings and structures on adjacent properties which are within one hundred feet (100') of the site, or which may be affected by any proposed grading or construction. (Ord. 09-03, 8-11-2009)

The following provisions shall be required in addition to title 11 of this code:

   A.   If a project has proceeded forward with geologic/hydrologic or engineering recommendations the city may require that a qualified geotechnical engineer be on site, at the cost of the developer, for all phases of construction. Letters stating that all required improvements have been installed as required shall be filed with the city within five (5) working days of completing the improvements.

   B.   Restrictive covenants may be required to be submitted that contain the following:

      1.   A complete description of the geologic condition of the subject property, including references to all relevant reports.

      2.   Any restrictions regarding structures, grading, retaining, vegetation, etc. (Ord. 09-03, 8-11-2009)

Average slope of an area shall be determined by the use of computer software or by using the following formula:

   S = (I x L x 0.00229) / A

 

 

(Ord. 09-03, 8-11-2009)

   A.   Single-Family Dwelling Units:

      1.   Maximum Density: The maximum density with respect to lots upon which single-family dwelling units are located in subdivisions or otherwise shall be determined by reference to the following table:

 

 

(Ord. 2001-5, 2-13-2001)

      2.   Maximum Impervious Material Coverage: The maximum impervious material coverage that shall be allowed on lots upon which single-family dwelling units are located shall be forty percent (40%) of the total lot area, or five thousand (5,000) square feet, whichever is less. (Ord. 09-03, 8-11-2009)

      3.   Usable Area: Single-family dwelling structures shall be located only upon areas constituting usable land and which area shall be fully contiguous and shall be at least five thousand (5,000) square feet in space, and shall have a minimum dimension, either length or width, of fifty feet (50').

      4.   Lot And Access Design: Single-family dwelling structures shall not be located farther than two hundred feet (200') from the nearest public street. (Ord. 2001-5, 2-13-2001)

Every structure which lies farther than one hundred fifty feet (150') from a public street to the nearest point on the structure shall be accessible to fire department apparatus by way of an access road having all weather drivable and maintainable surface with not less than twenty feet (20') of unobstructed width and thirteen feet six inches (13'6") of vertical clearance with adequate turning radius capable of supporting the imposed loads of fire apparatus. Dead end access roads in excess of one hundred fifty feet (150') in length shall be provided with approved provisions for a fifty foot (50') radius turnaround for the turning around of fire department apparatus.

   A.   Road Width: The required width of an access road shall not be obstructed in any manner, including the parking of vehicles. Where no space is provided for parking along access roads, said road shall be kept unobstructed.

      1.   Property owners shall be required to identify and mark fire lanes as required by the fire chief.

      2.   Where access roads are adjacent to required fire hydrants, such access roads, within twenty feet (20') either direction of the fire hydrant, shall be a minimum of twenty six feet (26') in width.

      3.   The access road shall be extended to within one hundred fifty feet (150') of all portions of the exterior walls of the first story of any building.

      4.   An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire chief.

      5.   The maximum grade for access roads of greater than one hundred feet (100') shall be eight percent (8%); however, grades up to twelve percent (12%) are allowable with approval of the fire chief and the city engineer. (Ord. 2001-5, 2-13-2001)

      6.   The owner shall be responsible for establishing the base grade of the access road before the water system is installed. The owner, or the owner's agent, shall clear the right of way for the water system and establish the fire hydrant location and grade, by use of an offset stake, for review by the public works department. The owner or the owner's agent shall then install the water system and set the fire hydrant to the grade established by South Weber City. If there are any changes to the access road or right of way areas which do not allow for a minimum of sixty inches (60") cover over the water line, the owner shall be responsible for all expenses associated with the relocation or adjustment to the water system. (Ord. 09-03, 8-11-2009)

      7.   The access road shall be maintained by the property owner or the property owner's agent in good condition and repair, and with adequate snow removal so as to provide free uninhibited access at all times by emergency and service vehicles.

      8.   A turnaround shall be provided at the end of the access road in accordance with the standards and specifications of the most recently adopted fire code.

      9.   The minimum turning radii for all turns and/or curves shall be forty feet (40'). (Ord. 2001-5, 2-13-2001)

      10.   The property owner shall grant an easement along the length and full width of the access road, permitting access to emergency and service vehicles and inspection personnel.

The property owner may be required to grant to the city, a utility easement extending from the public street to the fire hydrant, and having a minimum width of twenty feet (20') for the purpose of use, operation, maintenance and repair of such hydrant and water line and uninhibited access at all times by emergency and service vehicles. (Ord. 09-03, 8-11-2009)

   B.   Fire Hydrants: Fire hydrants may be required to be installed by the fire chief at the expense of the property owner and shall be connected to the water main to meet fire flow requirements and shall be located in accordance with the most recently adopted fire code. Fire hydrants shall be located on all required access roads as required by South Weber City and shall be located within five feet (5') of the required access road. Where a public water system is located on private property, a twenty foot (20') wide easement shall be granted to the city over said water system.

If, in the opinion of the fire chief, fire hydrants are vulnerable to vehicular damage, appropriate crash posts shall be required. No obstruction including crash posts shall exist within a three foot (3') working area of each fire hydrant. Crash posts shall be a four inch (4") cement filled pipe, having a minimum of three feet (3') in height above grade, with two feet (2') of pipe below grade set in concrete. Hydrant shutoff valves shall be located as per South Weber City standards. (Ord. 2001-5, 2-13-2001)

   C.   Lot Requirements; Improvements: Lots shall not be allowed or approved where the operating water pressure from the city water system serving the proposed lot or lots is less than forty (40) pounds per square inch. All water line installations shall be installed to city specifications, at the expense of the property owner.

Such other conditions and standards as the governing body or city staff may deem necessary in the furtherance of the objectives of this code and in protecting the health, safety, and welfare of the citizenry. (Ord. 09-03, 8-11-2009)

In order to encourage the more efficient use of land, flag or L shaped lots may be allowed where the sensitive nature of the land is steep hillsides, subject to the following conditions:

   A.   A flag or L shaped lot shall be comprised of a staff portion contiguous with the flag portion thereof; (Ord. 2001-5, 2-13-2001)

   B.   The staff portion of said lot shall front on and be contiguous to a dedicated public street. The minimum width of the staff portion of a flag lot shall be thirty feet (30') for one lot and forty feet (40') for two (2) lots with staff portions adjacent to each other, and maximum length is one hundred seventy feet (170'); (Ord. 09-03, 8-11-2009)

   C.   No building or construction, except for driveways, shall be allowed on the staff portion of said lot unless the minimum width, for building lots, is the same or greater than the minimum width as allowed in the zoning district;

   D.   The front side of the flag portion of said lots shall be deemed to be that side nearest to the dedicated public street upon which the staff portion fronts;

   E.   The staff portion of said lot shall be deemed to end, and the flag portion of said lots shall be deemed to commence, at the extension of the front lot line;

   F.   The square footage located in the flag portion of said lot, which shall be exclusive of the square footage located in the staff portion of said lot, shall be the same or greater than the minimum square footage as is required in this section or based on the underlying zoning, whichever is more restrictive;

   G.   The side and rear yard requirements of the flag portion of said lots shall be the same as is required in the zoning district;

   H.   The front yard minimum setback requirements for all buildings shall be thirty feet (30') from the front lot line of the flag portion thereof;

No more than two (2) flag lots can be contiguous to each other. No more than two (2) lots may share the thirty foot (30') staff portion, frontage requirement; (Ord. 2001-5, 2-13-2001)

   I.   No more than two (2) lots may share the forty foot (40') staff portion; and (Ord. 09-03, 8-11-2009)

   J.   The maximum number of flag lots in the development site shall not be more than ten percent (10%) of the total number of lots within the development site. (Ord. 2001-5, 2-13-2001; amd. Ord. 09-03, 8-11-2009)

   A.   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 sensitive lands overlay area. These are in addition to those standards outlined in title 11 of this code.

   B.   Lots: Lots on hillsides, with slopes of ten percent (10%) or more, are eligible for a twenty foot (20') front yard setback. Building permit applicants shall submit a plot plan showing the elevations of the lot at all corners.

If it is determined that a ten percent (10%) slope or greater exists on the property and the twenty foot (20') front yard setback is permitted, the minimum combined total of the front and rear yard setbacks shall be equal to what is normally required for the zone in which it is located.

   C.   Usable Area:

      1.   The slope of "usable area", as defined in subsection 10-14-9A3 of this chapter, shall not be greater than thirty percent (30%).

      2.   There shall be no excavation or cuts outside of the usable area.

      3.   All main and accessory buildings shall be built within the "usable area".

   D.   Faults: No residential structures shall be built on any identified faults or within their identified or approximated zones of deformation, or on any areas known to be an active landslide according to geotechnical analysis.

   E.   Drainage And Erosion:

      1.   Lots shall be arranged so as to ensure adequate setbacks from drainage channels;

      2.   Lots shall be arranged so as to ensure adequate "usable area" is located outside of the 100-year floodplain. No structures shall be allowed in the 100-year floodplain. The 100-year floodplain shall be determined using accepted engineering standards and approved by the city engineer;

      3.   Facilities for the collection of stormwater runoff shall be required to be constructed on the development site:

         a.   Such facilities shall be the first improvement of facilities constructed on the development site;

         b.   Such facilities shall be designed in accordance with accepted engineering standards so as to retain safely and adequately the maximum expected stormwater runoff for a 100-year storm (minimum), as per the South Weber City engineering standards, for a sufficient length of time so as to prevent flooding and erosion during stormwater runoff periods;

         c.   Such facilities shall be designed so as to divert surface water away from cut surfaces or sloping surfaces of a fill; and

         d.   Streets shall be designed to control and carry excess stormwater from the 100-year storm out of the development on street surfaces within the curbed area. Low points on streets shall not be allowed unless adequate drainage is provided.

   F.   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 vegetation, which, when established, shall have characteristics of erosion control equal to or exceeding the original vegetation;

      2.   New plantings shall be protected with organic cover;

      3.   The use of persons or firms having expertise in the practice of revegetation (i.e., landscape architects or certified nurserymen) shall be employed to supervise the planning and installation of revegetation cover;

      4.   Vegetation shall be removed only when absolutely necessary (e.g., for the construction of buildings, roads, and filled areas); and

      5.   Vegetation shall be planted in all disturbed areas within three (3) months of the completion of off site improvements. Such vegetation shall be of a perennial and low combustibility nature, and shall be sufficient, when established, to stabilize the soil.

   G.   Grading, Cuts And Fills:

      1.   Exposed unstable surfaces of an excavation or fill shall not have a ratio steeper than one vertical to two horizontal (1:2);

      2.   All permanent fill shall be located so that settlements, sliding, or erosions shall not damage or cover streets, curb, gutter, sidewalk;

      3.   All fill and degrees of compaction shall comply with the standards of the adopted building code then in effect;

      4.   The top or bottom edges of slope caused by an excavation or fill up to ten (10) vertical feet shall be at least three (3) horizontal feet from the property line and street right of way lines;

      5.   The maximum vertical height of all cuts or fills shall be ten feet (10'), except in special circumstances where the city gives specific approval but shall not exceed twenty feet (20') in any case; and

      6.   All structures, except retaining walls or soil stabilization improvements, shall have a setback from the crest of the cut or base of the fill 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.

      7.   Retaining walls may be constructed with the following provisions:

         a.   Structural retaining walls may be a part of the dwelling unit, if designed to function in that manner, and approved by the city building official.

         b.   Structural retaining walls must be designed by an authorized licensed professional engineer and approved by the city engineer.

         c.   Any wall less than four feet (4') in height (vertical) is considered "decorative" and not subject to approval by the city.

         d.   Any terracing of retaining walls shall be considered a structural retaining wall that must be designed by an authorized licensed professional engineer and approved by the city engineer.

         e.   Rock walls are considered "decorative" and cannot be used as structural retaining walls.

   H.   Streets And Ways: Streets, roadways, and private accessways shall follow as nearly as possible the natural terrain. The following additional standards shall apply:

      1.   At least two (2) ingress and egress routes shall be provided for each subdivision or condominium project, in the long range development plans of the development unless it is determined by the planning commission that it is not feasible due to topography or other constraints. If so determined, additional development requirements may be imposed in order to mitigate circumstances of a single access;

      2.   Points of access shall be provided, giving access to all developed, partially developed, or undeveloped areas for emergency and firefighting equipment. Driveways located upon each lot extending from a public street shall have a maximum grade of twelve percent (12%) for a length not to exceed one hundred fifty feet (150') and a minimum width of ten feet (10');

      3.   Stub streets that are longer than the width or length of any adjacent single lot or one hundred fifty feet (150'), whichever is less, shall have an approved temporary turnaround at the end thereof;

      4.   Variations of the street design standard developed to solve special hillside visual and functional problems may be presented to the planning commission for consideration. Examples of such variations may be the use of split roadways to avoid deep cuts, modifications of surface drainage treatments, or sidewalk design.

   I.   Architectural Design:

      1.   Buildings proposed for construction in the South Weber sensitive lands overlay zone shall be designed to be visually compatible with the natural beauty of the foothills and canyon areas. The use of building materials and colors that will blend harmoniously with the natural setting is required. Such materials as natural woods, brick (earth tones) and stone are considered to be most appropriate. Highly reflective glass is considered inappropriate.

      2.   The planning commission shall review the design and specified exterior materials and colors for all structures other than single-family dwellings. The building inspector shall review the plans of single-family dwellings with respect to colors, materials, etc. Building permits for such structures shall not be granted until building materials and colors have been approved by the reviewing authority.

   J.   Building Permit Bond: In addition to the performance bond, anything that is required by this chapter shall be bonded for. (Ord. 09-03, 8-11-2009)

   A.   Administration: The provisions of this section shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the urban wildland interface areas in this jurisdiction.

Buildings or conditions in existence at the time of the adoption of this section are allowed to have their use or occupancy continued, if such condition, use or occupancy was legal at the time of the adoption of this section provided such continued use does not constitute a distinct danger to life or property.

Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this section for new buildings or structures.

      1.   General: The objective of this section is to establish minimum regulations consistent with nationally recognized good practice for the safeguarding of life and property. Regulations in this section are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels.

The development and use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas shall be in accordance with this section.

This section shall supplement the jurisdiction's building and fire codes, if such codes have been adopted, to provide for special regulations to mitigate the fire and life safety hazards of the wildland-urban interface areas.

         a.   Retroactivity: The provisions of this section shall apply to conditions arising after the adoption thereof, conditions not legally in existence at the adoption of this section, to conditions which, in the opinion of the code official, constitute a distinct hazard to life or property.

         b.   Additions Or Alterations: Additions or alterations may be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this section, provided the addition or alteration conforms to that required for a new building or structure.

Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this section nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate access in compliance with the provisions of this section or will obstruct existing exits or access; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life.

            (1)   Exception: Provisions of this section that specifically apply to existing conditions are retroactive. See appendix A attached to the ordinance codified herein.

         c.   Maintenance: All buildings, structures, landscape materials, vegetation, defensible space or other devices or safeguards required by this section shall be maintained in conformance to the code edition under which installed. The owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures, landscape materials and vegetation.

      2.   Authority Of The Code Official: The code official is hereby authorized to administer and enforce this section, or designated codes, and all ordinances of the jurisdiction pertaining to designated wildland-urban interface areas.

         a.   Interpretations, Rules, And Regulations: The code official shall have the power to render interpretations of this section and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance to the intent and purpose of this section.

A copy of such rules and regulations shall be filed with the city recorder and shall be in effect immediately thereafter. Additional copies shall be available for distribution to the public.

         b.   Liability Of The Code Official: The code official charged with the enforcement of this section, acting in good faith and without malice in the discharge of the duties required by this section or other pertinent law or ordinance, shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the code official or employee because of such act or omission performed by the code official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this section or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction. The code enforcement agency or its parent jurisdiction shall not be held as assuming any liability by reason of the inspections authorized by this section or any permits or certificates issued under this section.

      3.   Compliance Alternatives:

         a.   Practical Difficulties: When there are practical difficulties involved in carrying out the provisions of this section, the code official is authorized to grant modifications for individual cases on application in writing by the owner or a duly authorized representative. The code official shall first find that a special individual reason makes enforcement of the strict letter of this section impractical, the modification is in conformance to the intent and purpose of this section and the modification does not lessen any fire protection requirements or any degree of structural integrity. The details of any action granting modifications shall be submitted to the applicant in writing and entered into the files of the code enforcement agency. If the code official determines that difficult terrain, danger of erosion or other unusual circumstances make strict compliance with the vegetation control provisions of the code detrimental to safety or impractical, enforcement thereof may be suspended, provided that reasonable alternative measures are taken.

         b.   Technical Assistance: To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the code official, the code official is authorized to require the owner or the person in possession or control of the building or premises to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official and the owner and shall analyze the fire safety of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management for purposes of establishing fire hazard severity to recommend necessary changes.

         c.   Alternative Materials Or Methods: The code official, in concurrence with approval from the building official and fire chief, is authorized to approve alternative materials or methods, provided that the code official finds that the proposed design, use or operation satisfactorily complies with the intent of this section and that the alternative is, for the purpose intended, at least equivalent to the level of quality, strength, effectiveness, fire resistance, durability and safety prescribed by this section. Approvals under the authority herein contained shall be subject to the approval of the building official whenever the alternate material or method involves matters regulated by the international building code.

The code official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded and entered in the files of the code enforcement agency. (Ord. 09-03, 8-11-2009)

      4.   Appeals: To determine the suitability of alternative materials and methods and to provide for reasonable interpretations of the provisions of this section, the South Weber appeal authority shall be the appeal board. The appeal authority shall adopt reasonable rules and regulations for conducting its investigations and shall render decisions and findings in writing to the code official, with a duplicate copy to the applicant.

         a.   Limitations Of Authority: The appeal authority shall not have authority relative to interpretation of the administrative provisions of this section and shall not have authority to waive requirements of this section. (Ord. 13-03, 6-25-2013)

      5.   Permits: When not otherwise provided in the requirements of the building or fire code, permits are required in accordance with this section.

         a.   Code Official Approval Required: No land use permit or building permit shall be issued within the wildland-urban interface area unless the code official first approves such permit. No subdivision may be approved in the wildland-urban interface area without first obtaining the advice and approval of the code official.

      6.   Plans And Specifications: Plans, engineering calculations, diagrams and other data shall be submitted in at least two (2) sets with each application for a permit. When such plans are not prepared by an architect or engineer, the code official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. The code official may require plans, computations and specifications to be prepared and designed by an architect or engineer licensed by the state to practice as such even if not required by state law.

Exception: Submission of plans, calculations, construction inspection requirements and other data, if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this section.

         a.   Information On Plans And Specifications: Plans and specifications shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in detail that it will conform to the provisions of this section and all relevant laws, ordinances, rules and regulations.

         b.   Site Plan: In addition to the requirements for plans in the international building code, site plans shall include topography, width and percent of grade of access roads, landscape and vegetation details, locations of structures or building envelopes, existing or proposed overhead utilities, and site water supply systems. Site plans shall also include occupancy classifications of buildings, types of ignition resistant construction of structures and their appendages and roof classifications according to the applicable international building code or international fire code.

         c.   Vegetation Management Plans: When utilized by the permit applicant pursuant to this section, vegetation management plans shall be prepared and shall be submitted to the code official for review and approval as part of the plans required for a permit. See appendix B attached to the ordinance codified herein.

         d.   Fire Protections Plan: When required by the code official, a fire protection plan shall be prepared and shall be submitted to the code official for review and approved as a part of the plans required for a land use permit, building permit or subdivision approval.

         e.   Other Data And Substantiation: When required by the code official, the plans and specifications shall include classification of fuel loading, fuel model light, medium or heavy, and substantiating data to verify classification of fire resistive vegetation.

         f.   Vicinity Plan: In addition to the requirements for site plans, plans shall include details regarding the vicinity within three hundred feet (300') of property lines, including other structures, slope, vegetation, fuel breaks, water supply systems and access roads.

         g.   Retention Of Plans: One set of approved plans, specifications and computations shall be retained by the code official for a period of not less than ninety (90) days from date of completion of the work covered therein; and one set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building, use or work at all times during which the work authorized thereby is in progress.

      7.   Inspection And Enforcement:

         a.   Inspection: All construction or work for which a permit is required by this section shall be subject to inspection by the code official and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the code official. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this section or of other ordinances of the jurisdiction shall not be valid.

A survey of the lot may be required by the code official to verify that the mitigation features are provided and the building or structure is located in accordance with the approved plans.

            (1)   Authority To Inspect: The code official shall inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the code official for the purpose of ascertaining and causing to be corrected any conditions that could reasonably be expected to cause fire or contribute to its spread, or any violation of the purpose of this section and of any other law or standard affecting fire safety.

            (2)   Reinspection: To determine compliance with this section, the code official may cause a structure to be reinspected. A fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the code official.

To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in the currently adopted fee schedule. When reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

         b.   Enforcement:

            (1)   Authorization To Issue Corrective Orders And Notices: When the code official finds any building or premises that are in violation of this section, the code official is authorized to issue corrective orders and notices.

            (2)   Service Of Order Notice: Orders and notices authorized or required by this section shall be given or served on the owner, operator, occupant or other person responsible for the condition or violation either by verbal notification, personal service, or delivering the same to, and leaving it with, a person of suitable age and discretion on the premises; or, if no such person is found on the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by mailing a copy thereof to such person by registered or certified mail to the person's last known address.

Orders or notices that are given verbally shall be confirmed by service in writing as herein provided.

         c.   Right Of Entry: Whenever necessary to make an inspection to enforce any of the provisions of this section, or whenever the code official has reasonable cause to believe that there exists in any building or on any premises any condition that makes such building or premises unsafe, the code official is authorized to enter such building or premises at all reasonable times to inspect the same or to perform any duty authorized by this section, provided that if such building or premises is occupied, the code official shall first present proper credentials and request entry; and if such building or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

If such entry is refused, the code official shall have recourse to every remedy provided by law to secure entry. Owners, occupants or any other persons having charge, care or control of any building or premises, shall, after proper request is made as herein provided, promptly permit entry therein by the code official for the purpose of inspection and examination pursuant to this section.

         d.   Compliance With Orders And Notices: Orders and notices issued or served as provided by this section shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the corrective order or notice pertains. If the building or premises is not occupied, such corrective orders or notices shall be complied with by the owner.

            (1)   Compliance With Tags: A building or premises shall not be used when in violation of this section as noted on a tag affixed.

            (2)   Removal And Destruction Of Sign And Tags: A sign or tag posted or affixed by the code official shall not be mutilated, destroyed or removed without authorization by the code official.

            (3)   Citations: Persons operating or maintaining an occupancy, premises or vehicle subject to this section who allow hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the code official shall be guilty of a misdemeanor.

            (4)   Unsafe Conditions: Buildings, structures or premises that constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in this section or any other ordinance, are unsafe conditions. Unsafe buildings or structures shall not be used.

Unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal, pursuant to applicable state and local laws and codes.

      8.   Certificate Of Completion: No building, structure or premises shall be used or occupied, and no change in the existing occupancy classification of a building, structure, premises or portion thereof shall be made until the code official has issued a certificate of completion therefor as provided herein. The certificate of occupancy shall not be issued until the certificate of completion indicating that the project is in compliance with this section has been issued by the code official.

Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this section or of other pertinent laws and ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this section or other laws or ordinances of the jurisdiction shall not be valid.

   B.   Definitions:

      1.   Scope: Unless otherwise expressly stated, the following words and terms shall, for the purposes of this section, have the meanings stated below.

      2.   Interchangeability: Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter, and the singular number includes the plural and the plural the singular.

      3.   Terms Defined In Other Code: Where terms are not defined in this section and are defined in other international codes, such terms shall have the meanings as described to them as in those codes.

      4.   Terms Not Defined: Where terms are not defined through the methods authorized by this section, such terms shall have their ordinarily accepted meanings such as the context implies.

   ACCESSORY STRUCTURE: A building or structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building.

   APPROVED: Approval by the code official as the result of review, investigation or tests conducted by the code official or by reason of accepted principles or tests by national authorities, or technical or scientific organizations.

   BRUSH, SHORT: Low growing species that reach heights of one to three feet (3'). Sagebrush, snowberry and rabbit brush are some varieties.

   BRUSH, TALL: Arbor like varieties of brush species and/or short varieties of broad leaf trees that grow in compact groups or clumps. These groups or clumps reach heights of four (4) to twenty feet (20'). In Utah, this includes primary varieties of oak, maples, chokecherry, serviceberry and mahogany, but may also include other species.

   BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.

   BUILDING OFFICIAL: The officer or other designated authority charged with the administration and enforcement of the international building code, or the building official's duly authorized representative.

   CERTIFICATE OF COMPLETION: Written documentation that the project or work for which a permit was issued has been completed in conformance with requirements of this section.

   CODE OFFICIAL: The official designated by the city council to interpret and enforce this section, or the code official's authorized representative. The code official is the same as the city's fire chief who is appointed by the mayor with the recommendation of the city council.

   DEFENSIBLE SPACE: An area either natural or manmade, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur.

   DRIVEWAY: A vehicular ingress and egress route that serves no more than two (2) buildings or structures, not including accessory structures, or more than five (5) dwelling units.

   FIRE AREA: The floor area, in square feet, used to determine the adequate water supply.

   FIRE CHIEF: The chief officer or the chief officer's authorized representative of the fire department serving the jurisdiction. The fire chief is appointed by the mayor at the recommendation of the city council.

   FIRE PROTECTION PLAN: A document prepared for a specific project or development proposed for the wildland-urban interface area. It describes ways to minimize and mitigate the fire problems created by the project or development, with the purpose of reducing impact on the community's fire protection delivery system.

   FIRE RESISTANCE RATED CONSTRUCTION: The use of materials and systems in the design and construction of a building or structure to safeguard against the spread of fire within a building or structure and the spread of fire to or from buildings or structures to the wildland-urban interface area.

   FIRE WEATHER: Weather conditions favorable to the ignition and rapid spread of fire. In wildfires, this generally includes high temperatures combined with strong winds and low humidity.

   FLAME SPREAD RATING: As used herein refers to rating obtained according to tests conducted as specified by a nationally recognized standard.

   FUEL BREAK: An area, strategically located for fighting anticipated fires, where the native vegetation has been permanently modified or replaced so that fires burning into it can be more easily controlled. Fuel breaks divide fire prone areas into smaller areas for easier fire control and to provide access for firefighting.

   FUEL, HEAVY: Vegetation consisting of round wood three inches (3") or larger in diameter. The amount of fuel (vegetation) would be six (6) tons per acre or greater.

   FUEL, LIGHT: Vegetation consisting of herbaceous and round wood less than one-fourth inch (1/4") in diameter. The amount of fuel (vegetation) would be one-half (1/2) ton to two (2) tons per acre.

   FUEL LOADING: The oven dry weight of fuels in a given area, usually expressed in pounds per acre (lb/a). Fuel loading may be referenced to fuel size or time lag categories, and may include surface fuels or total fuels.

   FUEL, MEDIUM: Vegetation consisting of round wood one-fourth (1/4) to three inches (3") in diameter. The amount of fuel (vegetation) would be two (2) to six (6) tons per acre.

   FUEL MODIFICATION: A method of modifying fuel load by reducing the amount of nonfire resistive vegetation or altering the type of vegetation to reduce the fuel load.

   FUEL MOSAIC: A fuel modification system that provides for the creation of islands and irregular boundaries to reduce the visual and ecological impact of fuel modification.

   GREENBELT: A fuel break designated for a use other than fire protection.

   HAZARDOUS MATERIALS: As defined in the international fire code.

   HEAVY TIMBER CONSTRUCTION: As described in the international building code.

   INSURANCE SERVICES OFFICE (ISO): An agency that recommends fire insurance rates based on a grading schedule that incorporates evaluation of firefighting resources and capabilities.

   LEGISLATIVE BODY: The South Weber City council.

   LOG WALL CONSTRUCTION: A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is at least six inches (6").

   MULTILAYERED GLAZED PANELS: Window or door assemblies that consist of two (2) or more independently glazed panels installed parallel to each other, having a sealed air gap in between, within a frame designed to fill completely the window or door opening in which the assembly is intended to be installed.

   NONCOMBUSTIBLE: As applied to building construction material means a material that, in the form in which it is used, is either one of the following:

      1.   Material of which no part will ignite and burn when subjected to fire. Any material conforming to ASTM E 136 shall be considered noncombustible within the meaning of this section.

      2.   Material having a structural base of noncombustible material as defined in subsection 1 of this definition, with a surfacing material not over one-eighth inch (1/8") thick, which has a flame spread rating of fifty (50) or less. Flame spread rating as used herein refers to rating obtained according to tests conducted as specified in ASTM E 84.

   "Noncombustible" does not apply to surface finish materials. Material required to be noncombustible for reduced clearances to flues, heating appliances or other sources of high temperature shall refer to material conforming to subsection 1 of this definition. No material shall be classed as noncombustible that is subject to increase in combustibility or flame spread rating, beyond the limits herein established, through the effects of age, moisture or other atmospheric condition.

   NONCOMBUSTIBLE ROOF COVERING: One of the following:

      1.   Cement shingles or sheets.

      2.   Exposed concrete slab roof.

      3.   Ferrous or copper shingles or sheet.

      4.   Slate shingles.

      5.   Clay or concrete roofing tile.

      6.   Approved roof covering of noncombustible material.

   SLOPE: The variation of terrain from the horizontal; the number of feet rise or fall per one hundred feet (100') measured horizontally, expressed as a percentage.

   STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some manner.

   TREE CROWN: The primary and secondary branches growing out from the main system, together with twigs and foliage.

   UNENCLOSED ACCESSORY STRUCTURE: An accessory structure without a complete exterior wall system enclosing the area under roof or floor above.

   WILDFIRE: An uncontrolled fire spreading through vegetative fuels, exposing and possibly consuming structures.

   WILDLAND: An area in which development is essentially nonexistent, except for roads, railroads, power lines and similar facilities.

   WILDLAND-URBAN INTERFACE: The line, area or zone where structures or other human development (including critical infrastructure that if destroyed would result in hardship to communities) meet or intermingle with undeveloped wildland or vegetative fuel.

   C.   Wildland-Urban Interface Areas:

      1.   Declaration: The legislative body shall declare the wildland- urban interface areas within the jurisdiction. The urban-wildland interface areas shall be based on the maps created in accordance with this section.

      2.   Mapping: In cooperation, the code official and the division of forestry, fire and state lands (PPSL) wildfire representative will create or review wildland-urban interface area maps, to be recorded and filed with the city recorder. These areas shall become effective immediately thereafter.

      3.   Review Of Wildland-Urban Interface Areas: The code official and the FFSL wildfire representative shall reevaluate and recommend modification to the wildland-urban interface areas on a three (3) year basis or more frequently as deemed necessary by the city council.

   D.   Area Requirements: Building and development within wildland- urban interface areas shall be provided with emergency vehicle access and water supply in accordance with this section.

      1.   Objective:

         a.   Minimum Requirements: The objective of this subsection is to establish the minimum requirements for emergency vehicle access and water supply for buildings and structures located in the wildland-urban interface areas.

         b.   General Safety Precautions: General safety precautions shall be in accordance with this section. See appendix A attached to the ordinance codified herein.

      2.   Applicability:

         a.   Subdivisions:

            (1)   Access: New subdivisions, as determined by this jurisdiction, shall be provided with fire apparatus access roads in accordance with the international fire code and access requirements.

            (2)   Water Supply: New subdivisions as determined by this jurisdiction shall be provided with water supply.

         b.   Individual Structures:

            (1)   Access: Individual structures hereafter constructed or relocated into or within wildland-urban interface areas shall be provided with fire apparatus access in accordance with the international fire code. Marking of fire protection equipment and address markers shall be provided.

            (2)   Water Supply: Individual structures hereafter constructed or relocated into or within wildland-urban interface areas shall be provided with a conforming water supply.

            (3)   Exceptions: Structures constructed to meet the requirements for the class of ignition resistant construction specified in the table at subsection E4b of this section for a nonconforming water supply. Buildings containing only private garages, carports, sheds and agricultural buildings with a floor area of not more than six hundred (600) square feet.

      3.   Access:

         a.   Restricted Access: Where emergency vehicle access is restricted because of secured access roads or driveways or where immediate access is necessary for lifesaving or firefighting purposes, the code official is authorized to require a key box to be installed in an accessible location. The key box shall be of a type approved by the code official and shall contain keys to gain necessary access as required by the code official.

         b.   Driveways: Driveways shall be provided when any portion of an exterior wall of the first story of a building is located more than one hundred fifty feet (150') from a fire apparatus access road. Driveways shall provide a minimum unobstructed width of twelve feet (12') and a minimum unobstructed height of thirteen feet six inches (13'6"). Driveways in excess of one hundred fifty feet (150') in length shall be provided with turnarounds. Driveways in excess of two hundred feet (200') in length and less than twenty feet (20') in width shall be provided with turnouts in addition to turnarounds.

            A driveway shall not serve in excess of five (5) dwelling units. Driveway turnarounds shall have inside turning radii of not less than thirty feet (30') and outside turning radii of not less than forty five feet (45'). Driveways that connect with a road or roads at more than one point may be considered as having a turnaround if all changes of direction meet the radii requirements for driveway turnarounds.

            Driveway turnouts shall be an all weather road surface at least ten feet (10') wide and thirty feet (30') long. Driveway turnouts shall be located as required by the code official. Vehicle load limits shall be posted at both entrances to bridges on driveways and private roads. Design loads for bridges shall be established by the code official.

         c.   Fire Apparatus Access Roads: When required, fire apparatus access roads shall be all weather roads with a minimum width of twenty feet (20') and a clear height of thirteen feet six inches (13'6"); shall be designed to accommodate the loads and turning radii for fire apparatus; and have a gradient negotiable by the specific fire apparatus normally used at that location within the jurisdiction. Dead end roads in excess of one hundred fifty feet (150') in length shall be provided with turnarounds as approved by the code official. An all weather road surface shall be any surface material acceptable to the code official that would normally allow the passage of emergency service vehicles to protect structures and wildlands within the jurisdiction.

         d.   Marking Of Roads: Approved signs or other approved notices shall be provided and maintained for access roads and driveways to identify such roads and prohibit the obstruction thereof or both.

            All road identification signs and supports shall be of noncombustible materials. Signs shall have minimum four inch (4") high reflective letters with one-half inch (1/2") stroke on a contrasting six inch (6") high sign. Road identification signage shall be mounted at a height of seven feet (7') from the road surface to the bottom of the sign.

         e.   Marking Of Fire Protection Equipment: Fire protection equipment and fire hydrants shall be clearly identified in a manner approved by the code official to prevent obstruction.

         f.   Address Markers: All buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located.

            Address signs along one-way roads shall be visible from both the intended direction of travel and the opposite direction.

            Where multiple addresses are required at a single driveway, they shall be mounted on a single post, and additional signs shall be posted at locations where driveways divide.

            Where a roadway provides access solely to a single commercial or industrial business, the address sign shall be placed at the nearest road intersection providing access to that site.

         g.   Grade: The gradient for fire apparatus access roads and driveways shall not exceed the maximum approved by the code official. It will be up to the code official to ascertain the standard based on local fire equipment grade not to exceed twelve percent (12%).

      4.   Water Supply: When provided in order to qualify as a conforming water supply for the purpose of the table in subsection E4b of this section, an approved water source shall have an adequate water supply for the use of the fire protection service to protect buildings and structures from exterior fire sources or to suppress structure fires within the wildland-urban interface area of the jurisdiction in accordance with this section.

         a.   Water Sources: The point at which a water source is available for use shall be located not more than one thousand feet (1,000') from the building and be approved by the code official. The distance shall be measured along an unobstructed line of travel.

            Water sources shall comply with the following:

            (1)   Manmade water sources shall have a minimum usable water volume as determined by the adequate water supply needs. This water source shall be equipped with an approved hydrant. The water level of the water source shall be maintained by rainfall, water pumped from a well, water hauled by a tanker, or by seasonal high water of a stream or river. The design, construction, location, water level maintenance, access, and access maintenance of manmade water sources shall be approved by the code official.

            (2)   Natural water sources shall have a minimum annual water level or flow sufficient to meet the adequate water supply needs. This water level or flow shall not be rendered unusable because of freezing. This water source shall have an approved draft site with an approved hydrant. Adequate water flow and rights for access to the water source shall be ensured in a form acceptable to the code official.

         b.   Draft Sites: Approved draft sites shall be provided at all natural water sources intended for use as fire protection for compliance with this section. The design, construction, location, access and access maintenance of draft sites shall be approved by the code official.

            The pumper access point shall be either an emergency vehicle access area alongside a conforming access road or an approved driveway no longer than one hundred fifty feet (150'). Pumper access points and access driveways shall be designed and constructed in accordance with all codes and ordinances enforced by this jurisdiction. Pumper access points shall not require the pumper apparatus to obstruct a road or driveway.

         c.   Hydrants: All hydrants shall be designed and constructed in accordance with nationally recognized standards. The location and access shall be approved by the code official.

         d.   Adequate Water Supply: Adequate water supply shall be determined for purposes of initial attack and flame front control by the local jurisdiction. NFPA 1142 may be used as a reference.

         e.   Fire Department: The water system required by this section can only be considered conforming for purposes of determining the level of ignition resistant construction (see the table in subsection E4b of this section).

         f.   Obstructions: Access to all water sources required by this section shall be unobstructed at all times. The code official shall not be deterred or hindered from gaining immediate access to water source equipment, fire protection equipment or hydrants.

         g.   Identification: Water sources, draft sites, hydrants and fire protection equipment shall be clearly identified in a manner approved by the code official to identify location and to prevent obstruction by parking and other obstructions.

         h.   Testing And Maintenance: Water sources, draft sites, hydrants and other fire protection equipment required by this section shall be subject to periodic tests as required by the code official. Code official shall establish a periodic testing schedule. Costs are to be covered by the water provider. All such equipment installed under the provisions of this section shall be maintained in an operative condition at all times and shall be repaired or replaced where defective. Additions, repairs, alterations and servicing of such fire protection equipment and resources shall be in accordance with approved standards. Mains and appurtenances shall be installed in accordance with NFPA 24. Water tanks for private fire protection shall be installed in accordance with NFPA 22. The costs are to be covered by the water provider.

         i.   Reliability: The objective of this section is to increase the reliability of water supplies by reducing the exposure of vegetative fuels to electrically powered systems.

            (1)   Clearance Of Fuel: Defensible space shall be provided around water tank structures, water supply pumps and pump houses.

            (2)   Standby Power: Stationary water supply facilities within the wildland-urban interface area dependent on electrical power supplied by a power grid to meet adequate water supply demands shall provide functional standby power systems in accordance with the ICC electrical code to ensure that an uninterrupted water supply is maintained. The standby power source shall be capable of providing power for a minimum of two (2) hours.

            (3)   Exceptions: When approved by the code official, a standby power supply is not required where the primary power service to the stationary water supply facility is underground or there is an on site generator.

      5.   Fire Protection Plan: The plan is to provide a basis to determine overall compliance with this section, for determination of ignition resistant construction (IRC) (see the table in subsection E4b of this section) and for determining the need for alternative materials and methods.

         a.   General: When required by the code official, a fire protection plan shall be prepared and approved prior to the first building permit issuance or subdivision approval.

         b.   Content: The plan shall be based upon a site specific wildfire risk assessment that includes considerations of location, topography, aspect, flammable vegetation, climatic conditions and fire history. The plan shall address water supply, access, building ignition and fire resistance factors, fire protection systems and equipment, defensible space and vegetation management.

         c.   Cost: The cost of fire protection plan preparation and review shall be the responsibility of the applicant.

         d.   Plan Retention: The fire protection plan shall be retained by the code official.

   E.   Special Building Construction Regulations: Buildings and structures shall be constructed in accordance with the international building code and this section. Should there be a conflict between the codes, the most restrictive regulation is to be followed.

      1.   Exceptions: Accessory structures not exceeding one hundred twenty (120) square feet in floor area when located at least fifty feet (50') from buildings containing habitable spaces and agricultural buildings at least fifty feet (50') from buildings containing habitable spaces.

         a.   Objective: The objective of this section is to establish minimum standards to locate, design and construct buildings and structures or portions thereof for the protection of life and property, to resist damage from wildfires, and to mitigate building and structure fires from spreading to wildland fuels. The minimum standards set forth in this section vary with the critical fire weather, slope and fuel type to provide increased protection, above the requirements set forth in the international building code, from the various levels of hazards.

      2.   Fire Hazard Safety: The fire hazard severity of building sites for all buildings hereafter constructed, modified or relocated into wildland-urban interface areas shall be established in accordance with appendix C attached to the ordinance codified herein.

The fire hazard severity is allowed to be reduced by implementing a vegetation management plan.

      3.   Ignition Resistant Construction: Buildings and structures hereafter constructed, modified or relocated into or within wildland-urban interface areas shall meet the construction requirements in accordance with the table in subsection E4b of this section.

      4.   Class 1 Ignition Resistant Construction: Class 1 ignition resistant construction shall be in accordance with subsection E4K of this section.

         a.   Roof Covering: Roofs shall have a class A roof covering or a class A roof assembly. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers.

         b.   Table: Ignition resistant constructionA:

 

 

         c.   Protection Of Eaves: Eaves and soffits shall be protected on the exposed underside by materials approved for a minimum of one hour fire resistance rated construction. Fascias are required and must be protected on the backside by materials approved for a minimum of one hour fire resistance rated construction or two inch (2") nominal dimension lumber.

         d.   Gutters And Downspouts: Gutters and downspouts shall be constructed of noncombustible material.

         e.   Exterior Walls: Exterior walls of buildings or structures shall be constructed with materials approved for a minimum of one hour fire resistance rated construction on the exterior side or constructed with approved noncombustible materials.

            (1)   Exception: Heavy timber or log wall construction. Such material shall extend from the top of the foundation to the underside of the roof sheathing.

         f.   Unenclosed Under Floor Protection: Buildings or structures shall have all under floor areas enclosed to the ground with exterior walls.

            (1)   Exception: Complete enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior one hour fire resistance rated construction or heavy timber construction.

         g.   Appendages And Projections: Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be a minimum of one hour fire resistance rated construction, heavy timber construction or constructed of approved noncombustible materials.

When the attached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than ten percent (10%), the area below the structure shall have all under floor areas enclosed to within six inches (6") of the ground, with exterior wall construction.

         h.   Exterior Glazing: Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire protection rating of not less than twenty (20) minutes.

         i.   Exterior Doors: Exterior doors shall be approved noncombustible construction, solid core wood not less than one and three-fourths inches (13/4") thick, or have a fire protection rating of not less than twenty (20) minutes. Windows within doors and glazed doors shall be in accordance with subsection E4h of this section.

            (1)   Exception: Vehicle access doors.

         j.   Vents: Attic ventilation openings, foundation or under floor vents, or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed one hundred forty four (144) square inches each. Such vents shall be covered with noncombustible corrosion resistant mesh with openings not to exceed one-fourth inch (1/4").

            Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves, or in other overhang areas. Gable end and floor vents shall be located at least ten feet (10') from property lines. Under floor ventilation openings shall be located as close to grade as practical.

         k.   Detached Accessory Structures: Detached accessory structures located less than fifty feet (50') from a building containing habitable space shall have exterior walls constructed with materials approved for a minimum of one hour fire resistance rated construction, heavy timber, log wall construction or constructed with approved noncombustible materials on the exterior side.

            When the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than ten percent (10%), the area below the structure shall have all under floor areas enclosed to within six inches (6") of the ground, with exterior wall construction in accordance with subsection E4e of this section or under floor protection in accordance with subsection E4f of this section.

            (1)   Exception: The enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior one hour fire resistance rated construction or heavy timber construction. See subsection E4a of this section for roof requirements.

      5.   Class 2 Ignition Resistant Construction: Class two (2) ignition resistant construction shall be in accordance with this subsection E5.

         a.   Roof Covering: Roofs shall have at least a class A roof covering, class B roof assembly or an approved noncombustible roof covering. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers.

         b.   Protection Of Eaves: Combustible eaves, fascias and soffits shall be enclosed with solid materials with a minimum thickness of three-fourths inch (3/4"). No exposed rafter tails shall be permitted unless constructed of heavy timber materials.

         c.   Gutters And Downspouts: Gutters and downspouts shall be constructed of noncombustible material.

         d.   Exterior Walls: Exterior walls of buildings or structures shall be constructed with materials approved for a minimum of one hour fire resistance rated construction on the exterior side or constructed with approved noncombustible materials.

            (1)   Exception: Heavy timber or log wall construction. Such material shall extend from the top of the foundation to the underside of the roof sheathing.

         e.   Unenclosed Under Floor Protection: Buildings or structures shall have all under floor areas enclosed to the ground, with exterior walls in accordance with subsection E5d of this section.

            (1)   Exception: Complete enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior one hour fire resistance rated construction or heavy timber construction.

         f.   Appendages And Projections: Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be a minimum of one hour fire resistance rated construction, heavy timber construction or constructed with approved noncombustible materials.

            When the attached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than ten percent (10%), the area below the structure shall have all under floor areas enclosed to within six inches (6") of the ground, with exterior wall construction in accordance with subsection E5d of this section.

         g.   Exterior Glazing: Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire protection rating of not less than twenty (20) minutes.

         h.   Exterior Doors: Exterior doors shall be approved noncombustible construction, solid core wood not less than one and three-fourths inches (13/4") thick, or have a fire protection rating of not less than twenty (20) minutes. Windows within doors and glazed doors shall be in accordance with subsection E5g of this section.

            (1)   Exception: Vehicle access doors.

         i.   Vents: Attic ventilation openings, foundation or under floor vents or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed one hundred forty four (144) square inches each. Such vents shall be covered with noncombustible corrosion resistant mesh with openings not to exceed one-fourth inch (1/4").

            Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves, or in other overhang areas. Gable end and dormer vents shall be located at least ten feet (10') from property lines. Under floor ventilation openings shall be located as close to grade as practical.

         j.   Detached Accessory Structures: Detached accessory structures located less than fifty feet (50') from a building containing habitable space shall have exterior walls constructed with materials approved for a minimum of one hour fire resistance rated construction, heavy timber, log wall construction, or constructed with approved noncombustible material on the exterior side.

            When the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than ten percent (10%), the area below the structure shall have all under floor areas enclosed to within six inches (6") of the ground, with exterior wall construction in accordance with subsection E5d of this section for under floor protection in accordance with subsection E5e of this section.

            (1)   Exception: The enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior one hour fire resistance rated construction or heavy timber construction.

      6.   Class 3 Ignition Resistant Construction: Class 3 ignition resistant construction shall be in accordance with this subsection E6.

         a.   Roof Covering: Roofs shall have at least a class A roof covering, class C roof assembly or an approved noncombustible roof covering. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers.

         b.   Unenclosed Under Floor Protection: Buildings or structures shall have all under floor areas enclosed to the ground with exterior walls.

            (1)   Exception: Complete enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior one hour fire resistance rated construction or heavy timber construction.

         c.   Vents: Attic ventilation openings, soffit vents, foundation or under floor vents or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed one hundred forty four (144) square inches each. Such vents shall be covered with noncombustible corrosion resistant mesh with openings not to exceed one-fourth inch (1/4").

      7.   Replacement Or Repair Of Roof Coverings: The roof covering on buildings or structures in existence prior to the adoption of this section that are replaced or have twenty five percent (25%) or more replaced in a twelve (12) month period shall be replaced with a roof covering required for new construction based on the type of ignition resistant construction specified in accordance with this subsection E.

   F.   Fire Protection Requirements: The provisions of this subsection establish general requirements for new and existing buildings, structures and premises located within wildland-urban interface areas. The objective of this subsection is to establish minimum requirements to mitigate the risk to life and property from wildland fire exposures, exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels.

      1.   Defensible Space: Provisions of this section are intended to modify the fuel load in areas adjacent to structures to create a defensible space.

         a.   Fuel Modification: In order to qualify as a conforming defensible space for individual buildings or structures on a property, fuel modification shall be provided within a distance from buildings or structures as specified in the table in subsection F1b of this section. For all other purposes, the fuel modification distance shall not be less than thirty feet (30') or to the property line, whichever is less. Distances specified in the table in subsection F1b of this section shall be measured on a horizontal plane from the perimeter or projection of the building or structure as shown in the figure in subsection F1c of this section. Distances specified in the table in subsection F1b of this section may be modified by the code official because of a site specific analysis based on local conditions and the fire protection plan.

            Persons owning, leasing, controlling, operating or maintaining buildings or structures requiring defensible spaces are responsible for modifying or removing nonfire resistive vegetation on the property owned, leased or controlled by said person.

            Trees are allowed within the defensible space, provided the horizontal distance between crowns of adjacent trees and overhead electrical facilities or unmodified fuel is not less than ten feet (10'). Deadwood and litter shall be regularly removed from trees.

            Where ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants are used as ground cover, they are allowed to be within the designated defensible space, provided they do not form a means of transmitting fire from the native growth to any structure.

         b.   Table: Required defensible space:

 

 

         c.   Figure: Measurements of fuel modification distance:

         d.   Community Fuel Modification Zones: Fuel modification zones to protect new communities shall be provided when required by the code official in order to reduce fuel loads adjacent to communities and structures.

            (1)   Land Ownership: Fuel modification zone land used to protect a community shall be under the control of an association or other common ownership instrument for the life of the community to be protected.

            (2)   Fuel Modification Zone Plans: Fuel modification zone plans shall be approved prior to fuel modification work and shall be placed on a site grading plan shown in plan view. An elevation plan shall also be provided to indicate the length of the fuel modification zone on the slope. Fuel modification zone plans shall include, but not be limited to, the following:

               (A)   Plan showing existing vegetation.

               (B)   Photographs showing natural conditions prior to work being performed.

               (C)   Grading plan showing location of proposed buildings and structures, and setbacks from top of slope to all buildings or structures.

      2.   Maintenance Of Defensible Space: Defensible spaces required shall be maintained annually, or as necessary.

         a.   Modified Area: Nonfire resistive vegetation or growth shall be kept clear of buildings or structures, in accordance with subsection F1 of this section, in such a manner as to provide a clear area for fire suppression operations.

         b.   Responsibility: Persons owning, leasing, controlling, operating or maintaining buildings or structures are responsible for maintenance of defensible spaces. Maintenance of the defensible space shall include modifying or removing nonfire resistive vegetation and keeping leaves, needles and other dead vegetative material regularly removed from roofs of buildings and structures.

         c.   Trees: Individual trees and/or small clumps of trees or brush crowns, extending to within ten feet (10') of any structure, shall be pruned to maintain a minimum horizontal clearance of ten feet (10'). Tree crowns within the defensible space shall be pruned to remove limbs located less than six feet (6') above the ground surface adjacent to the trees.

            Portions of tree crowns that extend within ten feet (10') of the outlet of a chimney shall be pruned to maintain a minimum horizontal clearance of ten feet (10').

            Deadwood and litter shall be regularly removed from trees.

      3.   Spark Arresters: Chimneys serving fireplaces, barbecues, incinerators or decorative heating appliances in which solid or liquid fuel is used, shall be provided with a spark arrester. Spark arresters shall be constructed of woven or welded wire screening of twelve (12) USA standard gauge wire having openings not exceeding one-half inch (1/2").

         The net free area of the spark arrester shall not be less than four (4) times the net free area of the outlet of the chimney.

      4.   Liquefied Petroleum Gas Installations: The storage of LP gas and the installation and maintenance of pertinent equipment shall be in accordance with the international fire code or, in the absence thereof, recognized standards.

         a.   Location Of Containers: LP gas containers shall be located within the defensible space in accordance with the international fire code.

      5.   Storage Of Firewood And Combustible Materials: Firewood and combustible material shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs. When required by the code official, storage of firewood and combustible material stored in the defensible space shall be located a minimum of thirty feet (30') from structures and separated from the crown of trees by a minimum horizontal distance of fifteen feet (15').

         Firewood and combustible materials not for consumption on the premises shall be stored so as to not pose a hazard. (Ord. 09-03, 8-11-2009)