A.

The flood hazard areas of the Town are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.

B.

These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

The purpose of the flood hazard overlay (F-H) zone is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A.

Protect human life and health;

B.

Minimize expenditure of public money for costly flood control projects;

C.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D.

Minimize prolonged business interruptions;

E.

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

F.

Provide for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas;

G.

Ensure that potential buyers are notified that property is in a flood area; and

H.

Ensure those who occupy areas of flood hazard assume responsibility for their actions.

In order to accomplish its purposes, this article uses the following methods:

A.

Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

B.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

D.

Control filling, grading, dredging and other development which may increase flood damage;

E.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to surrounding properties.

The F-H zone includes all areas of special flood hazard within the Town. This article shall apply to all areas of special flood hazard within the Town, pursuant to section 10-13A-5 of this article.

The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study For Washington County, Utah And Incorporated Areas" dated April 2, 2009, with accompanying flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this article.

A.

No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this article and other applicable regulations. No approval of a design/development review, building permit, grading permit, or subdivision shall be granted until all provisions of this article have been satisfied.

B.

A development permit shall be required to ensure conformance with the provisions of this article.

C.

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

D.

In the interpretation and application of this article, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

E.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article is intended to reduce or minimize damage in areas that are most likely to experience losses. This article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

A.

Administrator: The Director of Community Development is hereby appointed the Floodplain Administrator to administer and implement the provisions of this article and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.

B.

Duties and responsibilities of Administrator: Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

1.

Maintain and hold open for public inspection all records pertaining to the provisions of this article.

2.

Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding, as demonstrated by compliance with the standards of this article.

3.

Review, approve or deny all applications for development permits required by the adoption date hereof.

4.

Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 USC 1334) from which prior approval is required.

5.

Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.

6.

Notify, in riverine situations, adjacent communities and the state coordinating agency which is the Utah Division of Water Rights, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

7.

Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

8.

When base flood elevation data has not been provided in accordance with section 10-13A-5 of this article, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of section 10-13A-8 of this article.

9.

When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

10.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may approve certain development in zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision).

C.

Application for development permit: Application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

1.

Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures;

2.

Elevation (in relation to mean sea level) to which any nonresidential structure shall be floodproofed;

3.

A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of subsection 10-13A-8.B.2. of this article.

4.

Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

5.

The Floodplain Administrator shall maintain a record of all the above information in accordance with subsection B.1. of this section.

D.

Approval or denial of development permit: Approval or denial of a development permit by the Floodplain Administrator shall be based on all of the provisions of this article and the following relevant factors:

1.

The danger to life and property due to flooding or erosion damage;

2.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

3.

The danger that materials may be swept onto other lands to the injury of others;

4.

The compatibility of the proposed use with existing and anticipated development;

5.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

6.

The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

7.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

8.

The necessity to the facility of a waterfront location, where applicable;

9.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

10.

The relationship of the proposed use to the General Plan for that area.

E.

Variances: In certain instances, the appeal authority may grant variances from one or more of the requirements of this article. Requests for variances shall follow the procedure outlined below:

1.

The appeal authority shall hear and render judgment on requests for variances from the requirements of this article.

2.

The appeal authority shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this article.

3.

Any person or persons aggrieved by the decision of the appeal authority may appeal such decision in the courts of competent jurisdiction.

4.

The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

5.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this article, provided the reconstruction, repair or rehabilitation of the historic structures will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

6.

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the applicant has demonstrated the structure has been floodproofed to base flood level. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

7.

Upon consideration of the factors noted above and the intent of this article, the appeal authority may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article.

8.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

9.

Prerequisites for granting variances:

a.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

b.

Variances shall only be issued upon:

(1)

Showing a good and sufficient cause;

(2)

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

c.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the variance from these standards.

10.

Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

a.

The criteria outlined in subsections E.1. through E.8. of this section are met, and

b.

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

A.

General standards: In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:

1.

All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

2.

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

3.

All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

4.

All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

5.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

6.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and

7.

On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

8.

In areas where base flood elevation has not been established, the applicant will use all available flood hazard and hydrologic data to calculate an estimated base flood elevation. All new residential construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of one foot above the estimated base flood elevation. All new nonresidential construction and substantial improvements of nonresidential structures shall have the lowest floor, including basement, elevated to or above the estimated base flood elevation. Alternatively, nonresidential construction and substantial improvements of nonresidential structures shall be designed so that below the estimated base flood elevation the structure is watertight with walls substantially impermeable to the passage of water.

9.

Additional development restrictions and regulations for areas prone to debris flow are found in other sections of this article.

B.

Specific standards: In all areas of special flood hazards where base flood elevation data has been provided the following provisions are required:

1.

Residential construction: New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to a minimum of one foot above the base flood elevation. A Registered Professional Engineer, Architect, or Land Surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in subsection 10-13A-7.C.1. of this article, is satisfied.

2.

Nonresidential construction: New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A Registered Professional Engineer or Architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.

3.

Enclosures: New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

b.

The bottom of all openings shall be no higher than one foot above grade.

c.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

4.

Manufactured homes:

a.

Require that all manufactured homes to be placed within zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

b.

Require that manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the community's FIRM on sites: 1) outside of a manufactured home park or subdivision, 2) in a new manufactured home park or subdivision, 3) in an expansion to an existing manufactured home park or subdivision, or 4) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to a minimum of one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

c.

Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of subsection B.4.b. of this section be elevated so that either:

(1)

The lowest floor of the manufactured home is elevated to a minimum of one foot above the base flood elevation, or

(2)

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

5.

Recreational vehicles: Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's FIRM either:

a.

Be on the site for fewer than 180 consecutive days,

b.

Be fully licensed and ready for highway use, or

c.

Meet the permit requirements of subsection 10-13A-7.C.1. of this article, and the elevation and anchoring requirements for "manufactured homes" in subsection B.4.b. of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

C.

Standards for subdivision proposals:

1.

All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall be consistent with the purpose and requirements of this article.

2.

All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet development permit requirements, and the provisions of this section.

3.

Base flood elevation data shall be generated for subdivision proposals and other proposed development, including the placement of manufactured home parks and subdivisions, which is greater than five lots or five acres, whichever is lesser, if not already provided.

4.

All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.

5.

All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

D.

Standards for areas of shallow flooding (AO/AH zones): Located within the areas of special flood hazard established in section 10-13A-5 of this article, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

1.

All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated a minimum of one foot above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).

2.

All new construction and substantial improvements of nonresidential structures:

a.

Have the lowest floor (including basement) elevated a minimum of one foot above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or

b.

Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

3.

A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this section are satisfied.

4.

Require within zone AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

E.

Floodways: Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

1.

Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

2.

If subsection D.1. of this section is satisfied, all new construction and substantial Improvements shall comply with all applicable flood hazard reduction provisions of this section.

3.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA.

(Ord. No. 2023-01, § 1, 2-8-2023)

Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meanings they have in common usage and to give this article its most reasonable application.

Alluvial fan flooding: Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

Apex: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Area of shallow flooding: A designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, zone A usually is refined into zone A, AE, AH, AO, A1-99, VO, V1-30, VE or V.

Base flood: The flood having a one percent chance of being equaled or exceeded in any given year.

Basement: A story whose floor is more than 12 inches below the adjoining ground, and where no more than one-half of its floor to ceiling height is above the adjoining ground.

Critical feature: An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

Development: Any manmade change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Elevated building: A nonbasement building: a) built, in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zone V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of zone V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program Regulations.

Existing construction: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".

Existing manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from:

A.

The overflow of inland or tidal waters.

B.

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood insurance rate map (FIRM): An official map of a community, on which the federal emergency management agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood insurance study: The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the flood boundary-floodway map.

Flood protection system: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Floodplain or flood prone area: Any land area susceptible to being inundated by water from any source (see definition of "flood or flooding").

Floodplain management: The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain management regulations: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway (regulatory floodway): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Functionally dependent use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long term storage or related manufacturing facilities.

Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure: Any structure that is:

A.

Listed individually in the national register of historic places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;

B.

Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

C.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or

D.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1.

By an approved state program as determined by the Secretary of the Interior; or

2.

Directly by the Secretary of the Interior in states without approved programs.

Levee: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee system: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of Section 60.3 of the National Flood Insurance Program Regulations.

Manufactured home: A structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

Manufactured home park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean sea level: For purposes of the national flood insurance program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

NFIP: The National Flood Insurance Program.

New construction: For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Recreational vehicle: A vehicle which is:

A.

Built on a single chassis;

B.

Four hundred square feet or less when measured at the largest horizontal projections;

C.

Designed to be self-propelled or permanently towable by a light duty truck; and

D.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Start of construction: For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure: A walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home.

Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

A.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions, or

B.

Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

Variance: A grant of relief to a person from the requirement of this article when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this article. (For full requirements see Section 60.6 of the National Flood Insurance Program Regulations.)

Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Water surface elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

A.

The Town recognizes its unique topography and strives to preserve viewsheds and open space, maintain wildlife corridors, and maintain the beauty of the natural surroundings. Also important is the minimizing of infrastructure maintenance and repair costs to the Town, including water and sewer lines, emergency services and other Town services.

B.

The planned development (PD) overlay zone is established to encourage creative and efficient utilization of land by providing greater flexibility in the location of buildings on the land, the consolidation and preservation of open spaces and the clustering of dwelling units. Developments should aim for maximum integration of development into the landscape, thereby minimizing visual impact on viewsheds and from property to property within the community. These provisions are intended to create more attractive and more desirable environments within the residential areas of the Town.

C.

The planned development overlay (PD) zone is further established to allow the development of individually owned multi-family housing units as well as live-work mixed use developments in the commercial zones.

A.

The PD zone may be applied to a parcel or parcels of land in combination with existing conventional residential zones as designated by this title and the provision of the planned development shall become supplementary to the provisions of the zone with which it is combined. In the event of conflict with the underlying zone, the PD zone shall apply. All other applicable provisions of this title shall apply.

B.

Provisions of the PD zone may also be applied in conjunction with a proposed subdivision. Property to which PD zone provisions have been approved shall be developed only in conformance with an approved project plan. When used in combination with a residential zone, the rights and restrictions established in the PD zone shall henceforth run with the land.

The PD zone may be utilized with the following zones: foothill residential (FR-2 and FR-5) and valley residential (VR) zones. The PD zone may be utilized in conjunction with the village commercial (VC) zone and central commercial (CC) zone if the entire lot or parcel of land to which the PD zone applies is limited to noncommercial residential uses, unless commercial uses are specifically allowed as part of a mixed use development approved through the process contained in this article.

A.

Residential zones: Uses permitted in the PD zone shall be limited to those listed as permitted and accessory uses by the provisions of the residential zone in which the parcel or parcels of land are located. Any use that is conditionally permitted within such residential zone may also be conditionally permitted to land controlled by the PD zone under the provisions of chapter 3A of this title.

B.

Commercial zones: If the project which applies the PD zone is utilized in conjunction with the VC zone or CC zone, uses permitted by the PD zone shall be limited to residential uses (single-family, duplex, and multi-family) as well as limited commercial uses when developed in combination with a residential project and regulated by section 10-13C-9 of this article.

C.

Minimum land area: The minimum land area for applying the PD zone shall be as follows:

1.

FR-2 zone, four acres;

2.

FR-5 zone, ten acres;

3.

VR zone, one and one-half acres;

4.

VC zone, one acre;

5.

CC zone, one-half acre.

A.

Form of application; notice, hearing: The standard zone change application form of the Town shall be used to submit a request for a PD zone change. The hearing and notice provisions of section 10-3-2 of this title shall apply.

B.

Application requirements: The following information must be submitted as part of the PD zone change application. This information must be presented on plans of professional quality.

1.

A tabulation of the total acreage of the site and the percentages thereof to be designated for parking, residential units, open space or common space, streets, and any other important use.

2.

Proposed circulation pattern, including private driveways, public and private streets, and pedestrian paths.

3.

Parks, common open spaces, playgrounds and other public or private recreation facilities and improvements proposed within the project.

4.

Project plan; general location of all dwellings and other structures in the planned unit development, and an indication of proposed population densities and building densities (residential units per acre).

5.

Typical exterior design for all building types, presented as exterior perspectives or exterior elevations.

6.

Conceptual landscaping plans showing the types and locations of all plant materials.

7.

Parking layout showing location of individual parking stalls and all areas of ingress or egress.

8.

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed plan in the manner presented.

9.

If the project is a mixed-use project in a commercial zone, a conceptual plan for commercial parking, signage, access, loading zones, and other applicable elements of commercial development.

C.

DCD review: The DCD will review the application to determine if it is complete or requires additional information. If it is complete, the DCD will post a public hearing according to section 10-3-1 of this title for the Planning Commission review of the application.

D.

Planning Commission review: The Planning Commission may recommend to the Town Council to approve, approve with conditions or deny the application for PD zone amendment. If a conditional approval or a denial is recommended, the Planning Commission shall prepare a report which reviews all proposed conditions, or in the case of a recommending denial of an application, the reasons for the denial. The Planning Commission shall forward any recommendations for approval, disapproval or modification of the planned development to the Town Council to be considered as a part of the zone change hearing. The Planning Commission may also recommend to the Town Council any density bonus as provided for in subsection 10-13C-8.B. of this article. A complete report shall be submitted within 30 days of the Planning Commission decision or one week prior to the Town Council review, whichever is less.

E.

Town Council review: The Town Council may approve a PD zone change request if it finds that the requirements of this chapter and any other ordinances or restrictions affecting the property have been satisfied. In granting such approval, the Town Council may impose and enforce such specific conditions as to site development, phasing and building construction or maintenance and operation as it deems necessary to protect the health, safety and welfare of the residents of the Town. In addition, the Town Council may approve a PD zone change request if it finds that:

1.

The proposed development does not exceed the density standards of the General Plan, nor the underlying zone unless the Planning Commission grants a density bonus as provided for in subsection 10-13C-8.B. of this article.

2.

The proposed development will provide an equally pleasant and attractive living environment as a conventional residential development established under the strict application of the provisions of the underlying zone. The development must maintain a high-quality living environment within the Town that meets the goals of the General Plan.

3.

The proposed development will complement the Town's architectural heritage and village atmosphere, as identified in chapter 2, "Town appearance", of the Springdale General Plan.

4.

The proposed development creates no significant detriment to adjacent properties nor to the adjacent areas in which it is located and that it will be in substantial harmony with the character of existing development in the area which meets the goals of the General Plan.

5.

The proposed development will provide more efficient use of the land and more usable open space than a conventional development permitted by the underlying zone.

6.

Any variation allowed from the development standards of the underlying zone will not create increased hazards to the health, safety or general welfare of the residents of the proposed development or adjacent areas.

7.

The application of a density bonus of up to 20 percent be compensated, per subsection 10-13C-8.B. of this article, by the addition of parks, playgrounds, recreation facilities or recreational paths for the public.

F.

Preliminary plat: In the event the Town Council grants approval of the PD zone amendment, the applicant shall submit an application for a preliminary subdivision plat to the Planning Commission. The Planning Commission and Town Council will review the preliminary plat under chapter 14 of this title. The preliminary plat shall be drawn to scale and shall contain the information required by chapter 14 of this title. In addition, the plat must show:

1.

Preliminary utility plan showing the manner in which adequate sewage disposal and water are to be provided to the site, including the point from which said services are to extend.

2.

A draft of the declaration of covenants, conditions and restrictions as required herein. Such draft must include the type, character and proposed building height of all buildings.

3.

If applicable, a phasing plan, including a construction timetable for all phases.

4.

Access approved by the Town Engineer.

G.

Final plat, project plan: No person may construct any building or structure in a project within the PD zone unless the final project plan and the final plat have been approved by the Town Council. The Town Council will consider the final plat under the requirements provided in chapter 14 of this title. The project plans may be submitted in units or phases, provided each such unit can exist as a separate entity capable of independently meeting all of the requirements and standards of this article and of the underlying zone as identified by this title. Said project plan shall be drawn to scale and, in addition to the information required in subsection F. of this section, shall contain the following information:

1.

All of those requirements designated for submission with preliminary development plans.

2.

A certified survey of the property showing any survey conflicts with adjoining properties, any discrepancies between the survey descriptions and existing fence lines, and overlaps with adjoining property descriptions.

3.

Tabulations of all dwelling units, separated by type to be constructed.

4.

Detailed project plan with completed dimensions showing precise locations of all building and structures (if determined), lot or parcel sizes and locations, designations of common open spaces and special use areas, detailed circulation pattern, including proposed ownership and typical cross section of streets.

5.

Final draft of the declaration of covenants, conditions and restrictions, together with bylaws and open space easements and other bonds, guarantees or agreements as required herein or as deemed necessary by the Planning Commission and/or Town Attorney to meet the objectives of this article.

H.

Compliance with development plan: All development within the PD zone must be consistent with the development plan as approved and adopted by the Town Council. The development plan and supplementary text materials, after adoption, shall be filed in the offices of the Town, and all development within the zone shall comply therewith, unless the development plan and supplementary materials are amended as prescribed in section 10-13C-6 of this article.

A.

Procedure: Any amendments to the development plan prior to the final platting of a subdivision shall be accomplished in the same manner as any other amendment to this title. Revised text and/or plans shall be submitted, along with a zone change request, to the Planning Commission and shall be reviewed in the same manner as the initial zone change request. The plan as approved by the Town Council constitutes the zone and any significant change in the plan shall be processed as an amendment to the zone.

B.

Recording: Any changes or modifications to an approved project plan of development which has been recorded shall be considered an amendment to the plat and shall follow the procedures set forth in section 10-14-13 of this title. Changes to the plat shall be recorded by the Town Clerk with the County Recorder. Recordation fees shall be paid by the applicant.

Upon applying the PD zone provisions, variations from the development standards of the existing zone may be permitted by the Town Council, provided the variations are specifically approved and adopted by the Town Council as part of the approved development plans, final plat and any other supporting documents. Variations, however, shall not include changes in the permitted uses allowed by the zone with which the PD zone has been combined, except to the extent set forth herein.

A.

Density: The permitted density of the underlying zone shall be the maximum allowable for the subdivision as a whole unless the Town Council approves a bonus as provided in subsection B. of this section.

B.

Density bonus: The maximum density may exceed that permitted by the underlying zone up to a maximum of 20 percent at the discretion of the Town Council. The Town Council may grant a bonus between one and 20 percent. The Town Council must find, however, that any increase in density will be compensated by increased amenities and improved design. Such amenities may be included on the same parcel of land as the planned development. A density bonus shall not be automatic or obligatory, nor shall it be based on characteristics normally inherent in a residential subdivision or in the land itself. Open space, for example, is an inherent result of a PD design, and therefore, not in and of itself a criterion for determining a possible density increase. Specific criteria are outlined as follows:

1.

Park or trail in planned development: Park or trail designated for use by all residents of the development. The trail must provide a significant benefit to the development for any bonus to be granted. (Up to a ten percent bonus as determined by the Town Council.)

2.

Outstanding planned development design: Types of outstanding design may be: Site design which minimizes visual impact on the rest of the PD as well as on the Town; covenants, conditions and restrictions (CC&Rs) that promote designs which mitigate visual significance by limiting building heights and sizes to significantly less than that permitted under the provisions of the underlying zone, and require low profile rooflines, preservation of significant viewsheds and/or site and building design which focuses on integrating the development into the landscape. Other types of exceptional development methods may be considered by the Planning Commission and Town Council for bonuses. (Up to a 20 percent bonus as determined by the Town Council.)

3.

Community wide access trail system: An all-weather trail system suitable for walking, bicycling and equestrian use. The trail shall be built to include all necessary signs, bridges, etc. The system shall be deeded a public right-of-way upon acceptance by the Town. (Up to a 20 percent bonus as determined by the Town Council.)

C.

Completion assurance: All improvements for which density bonuses have been granted shall be included in the completion assurance, where applicable, as provided for in section 10-14B-6 of this title. If the developer fails to fulfill any obligation created by a granting of a density bonus, the Town Council may deny all building permits until the developer meets those obligations.

D.

Density bonus calculation: Allowed density refers to the number of permitted lots on a given parcel of land. A density bonus is calculated as follows:

Standard permitted density (SPD) = number of homes permitted according to the underlying zone

(Earned density bonus × SPD) + SPD = new permitted density

E.

Required landscaping: The required landscaping of the underlying zone shall be required for the subdivision as a whole unless the Planning Commission approves an exemption as permitted in subsection F. of this section. Individual lots in the subdivision will not be required to meet the landscape area standards of subsection 10-18-4.A. of this title if the subdivision as a whole meets said standards.

F.

Landscaping exemption: If the development provides a public facility or has designated a public pathway, park or other similar public amenity, the Planning Commission shall allow the developer to include any property dedicated to such purpose in the calculation of the landscape area for the property.

The PD zone may be used to develop projects with both residential and commercial uses if the project is in a commercial zone. Such developments must be approved as mixed-use projects during the PD zone approval process. Planned developments that are not approved as mixed-use projects are limited to residential uses only. Approved mixed use developments shall be subject to the requirements of this section.

A.

Commercial uses must be developed in conjunction with and be contained within a residential unit. The commercial use must be owned, operated, or managed by the resident of the residential unit. Commercial uses in dedicated commercial spaces without an integrated residential use and commercial uses not owned, operated, or managed by the resident of the integrated residential unit are prohibited.

B.

All structures in mixed use developments must complement the Town's architectural heritage and village atmosphere, as identified in chapter 2, "Town appearance", of the Springdale General Plan.

C.

Commercial uses in mixed use developments on commercially zoned land in the PD zone are limited to the following:

1.

Permitted uses:

Administrative, professional, or medical offices.

Art galleries.

Artist studios.

Bakeries, retail.

Barber and beauty shops.

Bicycle shops.

Blueprint and photocopy services.

Delicatessens.

Florist shops.

General retail stores.

Restaurants.

Other uses allowed in the underlying VC or CC zone that are similar in nature and impact to those listed above if specifically allowed by the Town Council.

D.

Transient lodging as defined in this title is prohibited in the PD zone.

E.

Commercial uses in a mixed-use PD project are subject to parking, signage, landscape, access and all other applicable standards in this title. A conceptual plan showing provisions for commercial parking, signage, access, loading zones, and other applicable elements of commercial development must be submitted as part of the PD zone application.

F.

There must be a clear visual separation between the residential and commercial portions of the mixed-use unit. Further, the arrangement of commercial and residential uses in the development must provide the maximum amount of privacy, peace and quiet to the residential portions of each mixed-use unit as possible.

G.

Each mixed-use development is allowed one 40-square foot freestanding sign, shared amongst all the commercial uses in the development. Each individual mixed-use unit in the development is allowed one ten-square foot building mounted sign. Aside from the size limitations proscribed by this subsection, signage at mixed-use developments must meet all the standards of chapter 24 of this title.

A project plan established under the provisions of this article shall conform to the following requirements and other applicable ordinances of this title:

A.

Setback requirements: Yard setbacks shall conform to the underlying zone unless the developer can prove to the Planning Commission that a change will provide greater uninterrupted open space, a reduction of visual impact or a desirable increase in the distance from a natural hazard. No more than a 50 percent reduction of any one yard requirement may be granted.

B.

Building size: Building size shall be determined by the underlying zone.

C.

Distance between buildings: Buildings which are on the same lot shall be restricted according to the underlying zone.

D.

Lot or site size: No minimum lot or site size is required. The number of units permitted in the planned development will be determined by the underlying zone's permitted density.

E.

Signs: All requirements of chapter 24 of this title shall apply.

F.

Parking requirements: All requirements of chapter 23 of this title shall apply.

G.

Designated open space; activities and uses: Any property set aside in order to cluster buildings shall be designated open space for the use by the development and held in perpetuity under an agreement reviewed and accepted by the Town. Any such agreement shall be approved by the Town Council and the Town Attorney. All designated open space must comply with chapter 19, of this title.

H.

Other requirements applicable: All other aspects of the development are governed by the underlying zone requirements and other related chapters of this title.

The Town desires to increase the availability of moderate-income housing. The economic success of the Town requires decent, affordable housing for citizens who serve tourists and residents. The Town needs to maintain both social and economic diversity of its residents, which is of major importance to maintaining the welfare and quality of life for all residents. The Town has established the moderate-income housing development overlay zone (MIHD) to offer incentives to developers to encourage the creation of moderately priced residential dwelling units in furtherance of the Town's affordable housing plan.

The MIHD may be applied to a parcel or parcels of land in combination with the existing conventional residential or commercial zones as designated in this title. The provisions of the MIHD zone shall be supplemental to the requirements of the zone in which the property sought to be developed as an MIHD is situated. In the event of a conflict between this article and the zone in which the property sought to be developed as an MIHD is situated, this chapter controls. All other applicable provisions of this title, except as modified herein, shall apply.

A.

If the zone in which the property sought to be developed as an MIHD is residential, the uses permitted in the MIHD shall be restricted to residential uses and corresponding accessory or conditional uses. Multi-family dwelling units may be permitted by the Town Council on a case by case basis. In determining the appropriateness of multi-family dwellings, the Town Council shall consider parcel location, neighboring uses, number of units proposed, traffic impact, and ability to integrate the use into the neighborhood.

B.

If the zone in which the property sought to be developed as an MIHD is commercial, the uses that are permitted, conditioned, or accessory in the MIHD will remain unchanged.

The Town Council may provide certain incentives to a developer who adds MIHD units in excess of the minimum required under chapter 6A of this title. The excess units must meet an existing need under the Town's affordable housing plan and must be supported by a current market assessment that is provided by the developer. The Town retains the sole legislative discretion over whether to provide optional incentives under this section. Optional incentives may include, but are not limited to, the following:

A.

Financial incentives: Financial incentives may include:

1.

Payment or waiver of planning, public works, building permit, or other Town fees. Impact and connection fees must be prepaid by the developer and a refund issued by the Town upon completion of the project. Impact and connection fee relief is generally only provided for the number of units that will serve as affordable units.

2.

Direct financial aid that may include set aside funds, tax exempt bonds, mortgage credit certificates, community development block grants, or the like.

3.

Assistance with the application for state or federal housing program funds.

4.

Like-kind donations of land, labor, or other assets.

B.

Landscape bonus: The Town Council may reduce the amount of required landscaping in the MIHD overlay zone on a case-by-case basis. Any reduction in the amount of required landscaping will be consistent with the spirit of the landscape standards of chapter 18 of this title, and shall be the minimum reduction necessary to facilitate the project.

C.

Modification of development and zoning standards: The Town Council may grant modifications to the development standards of the zone in which the property sought to be developed as an MIHD is situated on a case-by-case basis where such modification is necessary to make the provision of restricted units economically feasible. Such modifications may include, but are not limited to: lot area, yard/setback requirements, building size, building height, units per lot, distance between buildings and parking standards.

The Town Council will determine the design standards to be followed by any MIHD project based on property location. Architectural standards (chapter 16 of this title) or foothill residential design requirements (section 10-9A-13 of this title) will serve as guidelines. While economic building practices may be important to maintaining affordability, any MIHD shall utilize the best project design and architectural detailing as possible.

All incentives and modifications of development standards will be included in a binding moderate-income housing development agreement ("agreement") between the Town and the property owner and developer. The agreement may include, without limitation, a detailed explanation of the following: all optional incentives; a property management plan; applicable covenants, conditions, and restrictions; impact studies (e.g., traffic, environmental, noise, etc.) as determined by the Town Council to be necessary; and the mechanism for ensuring long term affordability of moderate income housing units. The Town Council and the Town Attorney may include any provision in the agreement that the Town Council believes will protect and promote the interests of the Town.

A.

A preapplication conference between the developer, DCD, and a Town Council representative is required of all applicants desiring MIHD designation. The purpose of this initial meeting is to determine if the proposed project furthers the Town's affordable housing plan. The developer will be informed by staff of the process requirements and potential timeline. The developer and Town representatives may schedule as many informal meetings as may be required by either party in determining the applicability of an MIHD.

B.

An applicant shall use the standard zone change application form to submit a request for an MIHD zone designation. The hearing and notice provisions of section 10-3-2 of this title shall apply.

C.

Concurrently with the completed application for change to MIHD zone, the applicant must submit a formal written request to the DCD regarding the optional incentives requested from the Town Council. The developer must, upon the request of the Town Council, provide any site plans, preliminary plats, concept drawings, financial analyses, or similar information in an effort to provide the Town Council with the information necessary for its decision regarding optional incentives.

D.

The Town Council will act on any request for optional incentives in a public meeting. To grant any optional incentive, the Town Council must find that the proposed project is:

1.

Necessary or desirable to further the Town's affordable housing plan;

2.

In harmony with the intent and purpose of the General Plan and the underlying objectives of the Town's zoning code;

3.

Not detrimental to the health, safety, or welfare of persons residing in the Town; and

4.

That any optional incentives granted are roughly proportional to the benefit the Town receives in furtherance of the affordable housing plan.

The granting of MIHD zone designation and associated incentives does not replace any other approval processes or requirements of this title. In the event of a conflict between this article and another provision of this title, the conflict shall be resolved by applying the requirements of this article.

The Legislature of the State of Utah has in U.C.A. § 10-3-701 et seq., delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. A significant portion of flood losses are a result of bank erosion damage. Therefore, the Town Council of Town of Springdale, Utah, does ordain as follows.

A.

Properties adjacent to the Virgin River within of Town of Springdale are subject to periodic periods of flooding resulting in erosion damage, loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for erosion protection and relief, all of which adversely affect the public health, safety and general welfare.

B.

These erosion hazard areas are created by the cumulative effect of large flood events, the presence of erosive soils in the existing banks, historic disturbance to the natural river process, and changes in vegetation thereby resulting in bank erosion.

It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to bank erosion in specific areas by provisions designed to:

A.

Protect human life and health;

B.

Minimize expenditure of public money for costly bank erosion protection projects;

C.

Minimize the need for rescue and relief efforts associated with bank erosion and generally undertaken at the expense of the general public;

D.

Minimize prolonged business interruptions;

E.

Minimize damage to public facilities and utilities such as water mains, electric, telephone and sewer lines, streets and bridges located in erosion hazard zones;

F.

Help maintain a stable tax base by providing for the sound use and development of property within erosion hazard zones in such a manner as to minimize future blight areas; and

G.

Ensure that potential buyers are notified that property is in an erosion hazard zone.

In order to accomplish its purposes, this ordinance includes methods and provisions for:

A.

Establishing erosion hazard zone delineations for erosion hazard management and land use regulation purposes;

B.

Regulating proposed land disturbance and development within erosion hazard zones to prevent adverse impact on adjacent properties;

C.

Adopting river management policies that support preservation of the natural river systems, promote land uses that are compatible with a natural river system, and limit construction of structural improvements inside the erosion hazard zone, except to protect structures needed for public safety such as bridges and existing buildings, or where the channel threatens to move outside of the established erosion hazard zone;

D.

Requiring a special use permit to regulate all land disturbance and development within the erosion hazard zones.

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

Erosion hazard zone (EHZ): Areas adjacent to a natural alluvial river or stream subject to the risks associated with the natural erosion and sedimentation process of the watershed, either sudden or gradual, by which material from riverbanks may be moved away causing a river channel to move laterally as denoted by detailed engineering analysis.

High risk erosion hazard zone (HREHZ): Areas within the designated EHZ where the risks of riverbank erosion are increased, including active floodplains, floodways and areas where previous land disturbance has impacted the natural river process increasing the risks of riverbank erosion and lateral channel migration damage to improved property or infrastructure.

Land disturbance: Includes but is not limited to:

A.

Construction of buildings or other structures.

B.

Construction of erosion protection improvements.

C.

Construction of new subdivisions, utilities (other than utility service to a single residence), roadways or bridges.

D.

Mining or dredging operations.

E.

Removal of riparian zone native vegetation.

F.

Earthwork such as filling, grading, excavation or contouring land.

G.

Any other activity similar to those listed above which has the potential to impact the natural function of the river.

Notwithstanding, the following activities are not a "land disturbance" for purposes of this chapter:

A.

Preparing a small garden; or

B.

Constructing or installing a storage shed of 150 square feet or less.

Minor land disturbance: Any activity that is defined as "land disturbance" and also meets all of the following criteria:

A.

No riparian zone native vegetation is removed as part of the land disturbance;

B.

There is no building or structure proposed as part of the land disturbance;

C.

The total land disturbance area measures less than 2,000 square feet;

D.

The land disturbance is not part of an erosion protection improvement; and

E.

The Director of Community Development has determined the land disturbance has minimal potential to increase erosion hazard risk on the same or adjacent properties.

A.

The erosion hazard zone (EHZ) and the high risk erosion hazard zone (HREHZ) are established with the boundaries indicated on the Town of Springdale's Erosion Hazard Boundary Map, which is on file at the Town Office.

A.

No person may cause any land disturbance within the EHZ or HREHZ unless the land disturbance is specifically authorized under a valid erosion hazard zone permit that is issued in accordance with this chapter.

B.

Except as noted below, the Planning Commission reviews applications for an erosion hazard zone permit. The Planning Commission will grant an erosion hazard zone permit only if the Planning Commission finds that the applicant has complied with the requirements of this chapter and that the proposed land disturbance minimizes the risk of flood and erosion damage to adjacent properties and the watercourse.

1.

The Director of Community Development reviews applications for an erosion hazard zone permits for minor land disturbance. Applications for EHZ permits for minor land disturbance are not subject to the requirements of paragraph C. of this section. The Town Council shall establish, by resolution, a small administrative fee for the minor land disturbance EHZ permit. The DCD shall review the permit application and approve the application only after finding the minor land disturbance has minimal potential to increase erosion hazard on the same or adjacent properties, and the minor land disturbance will not negatively impact the natural function or character of the river. The DCD may refer any application for an EHZ permit for minor land disturbance to the Planning Commission for review subject to the standards in paragraph C. of this section if he or she finds the proposed land disturbance will result in more than a minor increase in erosion hazard, or will negatively impact the natural function or character of the river.

C.

An application for an erosion hazard zone permit must include an engineering analysis that meets the requirements of this subsection C. The engineering analysis must be completed by a professional engineer who is licensed in the State of Utah with experience in floodplain management, river mechanics, sediment transport, riverine erosion, river restoration, hydraulics, hydrology and geomorphology. The analysis must include the following elements:

1.

Impacts on adjacent properties. Identify the potential impacts of the proposed land disturbance on adjacent properties.

2.

Regulatory floodplain/floodway impacts. If any changes are proposed to the river channel or floodplain geometry by the proposed land disturbance, hydraulic modeling of the pre- and post-project channel and floodplain conditions must be included in the analysis and approved by the Town Floodplain Administrator to document the following:

a.

Floodplain: Changes in the 100-year water surface elevation must be less than one foot within the property limits and no changes in the 100-year water surface elevation may occur on adjacent properties.

b.

Floodway: No changes in the regulatory floodway elevation are permitted, either within or adjacent to the proposed project limits.

3.

Stream stability impacts. Engineering analyses must be submitted to document all impacts on adjacent properties due to the proposed land disturbance activities. It is the applicant's responsibility to demonstrate that any such impacts are minimal, justified, and consistent with the goals and objectives of the Virgin River Management Plan, and will not cause adverse or detrimental conditions on adjacent, upstream, or downstream properties.

4.

Erosion protection improvements. Bioengineering techniques combining natural vegetation and live materials to provide a stable streambank as envisioned by the Virgin River Management Plan (VRMP) are required for all erosion protection improvements, unless an engineering analysis demonstrates such techniques are not feasible. All erosion protection improvements shall be as minimally impactful to the natural function and appearance of the river system and riparian area as possible. Structural erosion protection improvements such as rock riprap, concrete or gabion structures, etc. may only be used to protect existing or planned structures and infrastructure located within the high risk erosion hazard zone, and only after the Town Engineer has validated an applicant's engineering analysis documenting bioengineering is not a feasible option. If structural erosion protection improvements are proposed, the engineering analysis shall include the design assumptions, plans, specifications and details for construction of the improvements. Structural erosion protection shall be designed to be as minimally visual impactful as possible and to blend as much as possible with the natural character of the river corridor in the nearby area. Where possible and feasible, stone for rip rap and gabion baskets shall resemble stone naturally found in Springdale in appearance.

5.

Maintenance: The owner of property where erosion protection improvements are located shall inspect all erosion protection improvements at least annually and immediately after major flooding events to assess damage and determine if repairs are necessary. The Town of Springdale has the right to inspect all erosion protection improvements as often as the Town deems necessary. If the Town's inspection reveals necessary repairs to the erosion protection improvements, the property owner shall make the required repairs as soon as feasibly possible after being noticed in writing by the Town. All proposed erosion protection measures shall require a perpetual private easement to be recorded providing unobstructed access for inspection and maintenance of the erosion protection improvements. The costs to inspect, repair and maintain these improvements shall be the sole responsibility of the applicant or property owner. Required maintenance and repairs shall be completed within a reasonable time at no cost to the Town of Springdale.

6.

Vegetation mitigation. Any proposed disturbance to existing vegetation on the riverbank or within the floodplain must be mitigated by replacing the disturbed vegetation with native riparian plants in accordance with the approved plant list. The replacement vegetation shall be selected to best enhance the natural function of the river system (e.g. flexible species closest to the river, large woody vegetation farther from the river on upper flood terraces). The engineering analysis shall include a section describing the required vegetation mitigation and planting requirements.

7.

Statement of methodologies and findings. The analysis must include a summary of the methodologies used to support the impact analysis. The engineering analysis and findings shall be summarized in an engineering report including all assumptions, computations and other documentation supporting the analyses and conclusions. The report shall include the engineer's professional opinion that when the land disturbance activities and mitigation measures, if any, are implemented, the proposed land disturbance will not adversely affect reaches or properties upstream, downstream, and across the river from the proposes project. The report must also include the engineer's opinion that the proposed land disturbance minimizes the risk of flood and erosion damage to adjacent properties and the watercourse.

D.

All proposed site grading activities shall comply with the applicable provisions of the building code currently adopted by the Town regarding slope setbacks, grading, drainage and compaction of fills. A grading permit may be required for the proposed grading activities.

E.

All land disturbance proposals shall include and comply with the Federal Clean Water Act and obtain Section (404) permits from the United States Army Corps of Engineers, and stream alteration permits from the office of the Utah State Engineer where required prior to beginning any construction activity clearing riparian vegetation.

F.

Applicants and property owners shall hold the Town of Springdale harmless from all claims resulting from erosion or any other flood related damage from land disturbance activities within the Erosion Hazard Zone by executing a "Flood and Erosion Hazard Disclaimer of Liability and Agreement". New land subdivisions shall include a "Notice of Hazard" on the final plat describing the flooding and erosion hazard risks.

G.

All land disturbance proposals involving new land subdivisions or commercial development shall locate and construct public utilities and facilities such as sewer, gas, electrical and water systems to minimize the risk of flood and erosion damage.

H.

All land disturbance proposals shall comply with the recommendations of the Virgin River Management Plan. Copies are available from the Town Planning Department.

I.

All land disturbance proposals within the special flood hazard area shall require a floodplain development permit approved by the Town Floodplain Administrator.

A person who violates any part of this chapter is guilty of an infraction. Violation of the provisions of this ordinance may be enforced pursuant to section 1-4 of the Town Code. Nothing herein contained shall prevent the Town of Springdale from taking such other lawful action as is necessary to prevent or remedy any violation.