The purpose of this geologic hazard ordinance is to promote and protect the health, safety, and welfare of the citizens of Springdale, protect the infrastructure and financial health of Springdale, and minimize adverse effects of geologic hazards to public health, safety, and property by encouraging wise land use and development.

(Ord. No. 2021-05, 5-12-2021)

As used in this geologic hazard ordinance, the following terms have the following meanings:

Acceptable and reasonable risk: No loss or significant injury to occupants, no release of hazardous or toxic substances, and minimal structural damage to buildings or infrastructure during a hazard event allowing occupants egress outside.

Accessory building: Any structure not designed for human occupancy, which may include tool or storage sheds, gazebos, and swimming pools. Accessory dwelling units and businesses located in accessory buildings must comply with all requirements as buildings designed for human occupancy.

Alluvial fan: A fan shaped deposit where a fast-flowing stream flattens, slows, and spreads, typically at the exit of a canyon onto a flatter plain.

Buildable area: Based on an accepted geologic hazard investigation report, the portion of a site not impacted by geologic hazards, or the portion of a site where it is concluded the identified geologic hazards can be mitigated to an acceptable and reasonable risk, and where structures may be safely located. Buildable areas must be clearly marked on approved site plans and/or final approved plats, as appropriate.

Council: The Town Council of Springdale.

Critical facilities: Essential, hazardous, special occupancy, and all Risk Categories III and IV structures, as defined in the statewide adopted International Building Code (IBC), and lifelines, such as major utility, transportation, communication facilities, and their connections to critical facilities.

Debris flow: A slurry of rock, soil, organic material, and water transported in an extremely fast and destructive manner that flows down channels and onto and across alluvial fans; includes a continuum of sedimentation events and processes, including debris flows, debris floods, mudflows, sheet flooding, and alluvial fan flooding.

Development: All critical facilities, subdivisions, single-family dwellings, duplexes, and multi-family dwellings, commercial and industrial buildings; also includes additions to or intensification of existing buildings, storage facilities, pipelines and utility conveyances, and other land uses.

Engineering geologist: A Utah-licensed Professional Geologist, who, through education, training, and experience, practices in the field of engineering geology and geologic hazards meeting the requirements of section 10-15F-6.

Engineering geology: Geologic work that is relevant to engineering and environmental concerns, and the health, safety, and welfare of the public. Engineering geology is the application of geological data, principles, and interpretation affecting the planning, design, construction, and maintenance of engineered works, land use planning, and groundwater issues.

Essential facility: Buildings and other structures intended to remain operational in the event of an adverse geologic event, including all structures with an occupancy greater than 1,000 shall also be considered IBC Risk Category III when not meeting the criteria for IBC Risk Category IV; and IBC Risk Category IV buildings and other structures are designated as essential (critical) facilities.

Geologic hazard: A geologic condition that presents a risk to life, of substantial loss of real property, or of substantial damage to real property and includes, but is not limited to surface fault rupture, liquefaction, landslides, slope stability, debris flows, rockfalls, avalanches, radon gas, any geologic condition that meets the definition of "geologic hazard" under state law, and other hazards.

Geologic hazard study area: A potentially hazardous area as defined in section 10-15F-4 within which geologic hazard investigations are required prior to development.

Geotechnical engineer: A Utah-licensed Professional Engineer who, through education, training, and experience, is competent in the field of geotechnical or geological engineering meeting the requirements of section 10-15F-6.

Geotechnical engineering: The investigation and engineering evaluation of earth materials, including soil, rock, and manmade materials and their interaction with earth retention systems, foundations, and other civil engineering works. The practice involves the fields of soil and rock mechanics and the earth sciences, and requires the knowledge of engineering laws, formulas, construction techniques, and performance evaluation.

Governing body: The Springdale Town Council, or a designee of the council.

Infrastructure: Those improvements which are required to be installed and guaranteed in conjunction with an approved subdivision or other land use approval. Infrastructure may be public or private, on site or off site, depending on development design, and may include streets, curb, gutter, sidewalk, water and sanitary sewer lines, storm sewers, flood control facilities, and other similar facilities.

International Building Code (IBC): The latest, statewide adopted International Code Council International Building Code.

Landslide: The downslope movement of a mass of soil, surficial deposits, and/or bedrock, including a continuum of processes between landslides, earth flows, debris flows, debris avalanches, and rockfalls.

Legal lot of record: A parcel of land which meets all zoning requirements to be eligible for the development of a dwelling, habitable structure, or other facility or structure, pursuant to all Springdale requirements.

Liquefaction: A sudden, large decrease in shear strength of a saturated, cohesionless soil (generally sand and silt) caused by a collapse of soil structure and temporary increase in pore water pressure during earthquake ground shaking. May lead to ground failure, including lateral spreads and flow-type landslides.

Non-buildable area: That portion of a site which a geologic hazard investigation report has concluded is impacted by geologic hazards that present an unreasonable and unacceptable risk, and where the siting of habitable structures, accessory structures which house an accessory dwelling unit or business, or critical facilities, are not permitted.

Rockfall: A rock or mass of rock, newly detached from a cliff or other steep slope which moves downslope by falling, rolling, toppling, and/or bouncing; includes rockslides, rockfall avalanches, and talus.

Setback: An area subject to risk from a geologic hazard within which habitable structures or critical facilities and their supports are not permitted.

Slope stability: The resistance of a natural or constructed slope to failure by landsliding and assessed under both static and dynamic (earthquake-induced) conditions.

Soils: As used in this ordinance, includes all rock and earthen materials (with included natural fluids) being evaluated by a geotechnical engineer.

Structure designed for human occupancy: Any residential dwelling or any other structure used or intended for supporting or sheltering any use or occupancy by humans or businesses, includes all Risk Category II structures as defined in the currently adopted International Building Code, but does not include an accessory building that houses no accessory dwelling unit or business.

Talus: Rock fragments of cobble or boulder sizes lying below their source area on a cliff or a very steep rocky slope, generally in an unstable position and prone to further downslope movement (see "rockfall").

Springdale: The Town of Springdale, a Utah Municipal Corporation.

(Ord. No. 2021-05, 5-12-2021)

A.

The regulations in this chapter apply to all lands under the jurisdiction of Springdale, except as specifically provided in subparagraph C. below.

B.

Every legal lot of record, lot in a proposed land subdivision, and parcel within a Geologic Hazard Study Area as defined by this ordinance must have a safe buildable area for the intended use. Each buildable area must also have access from the nearest existing public, private street, or private lane that is free of unreasonable and unacceptable geologic hazards. This access must also provide emergency vehicle access to the site. Any geologic hazards that must be mitigated in order to provide a buildable area with acceptable and reasonable access must be mitigated prior to issuance of the final plat approval or building permit approval, as appropriate.

C.

Notwithstanding the foregoing, the regulations in this chapter do not apply to the following:

1.

A detached accessory building that is not designed for human occupancy; or

2.

The remodeling of an existing structure designed for human occupancy, provided that the use of the structure does not change and the remodeling does not expand the footprint or foundation of the structure.

D.

This chapter applies to any replacement of a structure after complete or partial demolition.

E.

As defined in the statewide adopted 2018 International Building Code (IBC), Table 1604.5, Springdale considers IBC Risk Category III buildings and other structures to represent a substantial hazard to human life in the event of failure, except that any structure with an occupancy greater than 1,000 shall also be considered IBC Risk Category III when not meeting the criteria for IBC Risk Category IV; and IBC Risk Category IV buildings and other structures are designated as essential (critical) facilities.

(Ord. No. 2021-05, 5-12-2021)

The Geologic Hazard Study Area means and includes the following areas:

A.

Designated Special Study Areas by the Utah Department of Natural Resources, Utah Geological Survey (UGS, https://geology.utah.gov), including those areas designated per U.C.A. § 79-3-202(f) around hazardous faults and are in the Utah Quaternary Fault and Fold Database (https://geology.utah.gov/apps/qfaults/); and

B.

Landslide hazard areas defined in section 10-15F-8A.; and

C.

Liquefaction hazard areas defined in section 10-15F-8B.; and

D.

Rockfall hazard areas defined in section 10-15F-8C.; and

E.

Radon gas hazard areas defined as any building or structure in Springdale that contains a basement; and

F.

Any other similar areas.

(Ord. No. 2021-05, 5-12-2021)

A.

A geotechnical report is required for the approval of any of the following:

1.

Subdivision approval process;

2.

Design/development review process for any new building over 500 square feet in area; and

3.

Any addition to an existing building when the combined area of the existing building and new addition exceed 1,000 square feet in area;

4.

Any structure intended for human occupancy; and

5.

In any other instance where the DCD determines the site or soil conditions warrant a geotechnical report.

B.

The purposes of the geotechnical report are to 1) identify any problematic soils (including subsurface soils) that may be encountered during development and which may pose a threat to the structural integrity of the proposed development; 2) provide specific engineering recommendations to mitigate the threats posed by any problematic soils identified; and 3) conduct an initial analysis of geologic hazards for properties located in a Geologic Hazard Study Area.

C.

The geotechnical report must contain the following information:

1.

Boundary lines and dimensions of the subject property.

2.

Existing site conditions: general topography, drainage, vegetation, and other surface conditions.

3.

Location, size, and type of any existing structures, previous surface disturbance or grading, or other improvements.

4.

Location, size, and type of all proposed development.

5.

Subsurface exploration and conditions: description of subsurface exploration methods, results of exploration, and general subsurface conditions.

6.

Laboratory analysis of subsurface exploration and soil sampling.

7.

Geotechnical recommendations for proposed development: site grading and subgrade preparation, foundation and slab design, seismicity and liquefaction, drainage control, and other associated recommendations.

8.

If the proposed development is located in a Geologic Hazard Study Area, or in any other area the DCD determines is at elevated risk from geologic hazards, an initial analysis of the geologic hazards associated with development of the site. Such initial analysis shall include the geotechnical engineer's professional opinion about whether or not additional study and analysis of site-specific geologic hazards is necessary for the safe development of the property.

9.

The geotechnical report must contain a slope stability analysis as described in section 10-15F-5(C)(10) if the horizontal distance from the edge of an excavation to any of the following features is less than twice the depth of the excavation:

a.

A property line,

b.

A natural slope with a grade of 30% or greater that is not defined as microtopography,

c.

A floodway (as defined in section 10-13A-9 of this title), or

d.

The top of bank of a natural wash which is mapped as a Special Flood Hazard Area by the Federal Emergency Management Agency on the Flood Insurance Rate Map or on the Draft Hydraulic Work Maps for Springdale (this does not include the Special Flood Hazard Area associated with the Virgin River).

e.

For the purposes of this regulation, the depth of the excavation includes all over-excavation proposed or necessary for the development.

10.

If any of the conditions in subsection 10-15F-5(C)(9) apply, then the geotechnical report must include an analysis of slope stability. If the slope stability analysis determines that there are potential slope stability impacts to neighboring property or to any of the sensitive features listed above, or a risk of slope failure or collapse during construction or post construction, the analysis must include recommendations to mitigate these impacts. Any such recommendations must be implemented in the development.

D.

Geologic Hazard Investigation Report required: For properties in a Geologic Hazard Study Area, if the initial analysis of geologic hazards in a geotechnical report required under paragraph A identifies significant site-specific risk of geologic hazard on a property, then a geologic hazard investigation and report that meets the standards of this chapter is required.

(Ord. No. 2021-05, 5-12-2021; Ord. No. 2025-14, 8-13-2025)

Geologic hazard investigations often involve both engineering geology and geotechnical engineering. Engineering geology investigations shall be performed under the direct supervision of a Utah-licensed Professional Geologist specializing in engineering geology as defined in this chapter. Geotechnical engineering investigations shall be performed under the direct supervision of a Utah-licensed Professional Engineer specializing in geotechnical engineering as defined in this chapter.

Engineering geology and the evaluation of geologic hazards is a specialized discipline within the practice of geology requiring the technical expertise and knowledge of techniques not commonly used in other geologic investigations. Therefore, geologic hazard investigations involving engineering geology and geologic hazard investigations shall be conducted, signed, and sealed by a Utah-licensed Professional Geologist specializing in engineering geology and geologic hazards. Proof of qualifications shall be provided to Springdale concurrently with the submission of the geologic hazard investigation report.

The minimum qualifications required by Springdale for an Engineering Geologist are as follows:

A.

An undergraduate or graduate degree in geology, engineering geology, or geological engineering, or closely related field, from an accredited college or university; and

B.

Five full-time years of experience in a responsible position in the field of engineering geology and geologic hazards in Utah, or in a state with similar geologic hazards and regulatory environment, and experience demonstrating the geologist's knowledge and application of appropriate techniques in geologic hazard investigations; and

C.

An active Utah Professional Geologist license in good standing. Evaluation and mitigation of geologic hazards often require contributions from a qualified geotechnical engineer, particularly in the design of mitigation measures. Geotechnical engineering is a specialized discipline within the practice of civil engineering requiring the technical expertise and knowledge of techniques not commonly used in civil engineering.

Therefore, geologic hazard investigations that include engineering design and related tasks shall be conducted, signed, and sealed by a Utah-licensed Professional Engineer, specializing in geotechnical engineering and geologic hazards. Proof of qualifications shall be provided to Springdale upon request.

The minimum qualifications required by Springdale for a Geotechnical Engineer are as follows:

1.

A graduate degree in civil or geological engineering, with an emphasis in geotechnical engineering; or a B.S. degree in civil or geological engineering with 12 semester hours of post B.S. credit in geotechnical engineering, or course content closely related to evaluation of geologic hazards, from an ABET accredited college or university; and

2.

Five full-time years of experience in a responsible position in the field of geotechnical engineering and geologic hazards in Utah, or in a state with similar geologic hazards and regulatory environment, and experience demonstrating the engineer's knowledge and application of appropriate techniques in geologic hazard investigations; and

3.

An active Utah Professional Engineer license in good standing.

(Ord. No. 2021-05, 5-12-2021)

Each geologic hazard investigation and report shall be site-specific and shall identify all known or suspected potential geologic hazards, whether previously identified or unrecognized, that may affect the subject property, both on and adjacent to the property. A geologic hazard investigation and report may be combined with a geotechnical report and/or contain information on multiple hazards. A geologic hazard investigation report that is required under this chapter must meet the requirements of the Geologic Hazard Investigation and Report Manual, which has been adopted by Springdale and is available at the Springdale Town Office.

(Ord. No. 2021-05, 5-12-2021)

The geologic hazard investigation and report must address the following hazards, if the property is in a Geologic Hazard Study Area associated with the specific hazard.

A.

Landslides. Landslide hazard maps show the location of previous landsliding, areas of potential landsliding, and Geologic Hazard Study Areas. These maps are published by the UGS (https://geology.utah.gov/hazards/info/maps/). Development of properties within areas identified as previous landsliding, very high landslide hazard, or high landslide hazard on the UGS hazard maps requires submittal and review of a site-specific geologic hazard investigation and report discussing landslide hazards, prior to receiving a land-use or building permit from Springdale. The applicant must retain a qualified Engineering Geologist and Geotechnical Engineer to perform the slope stability analysis. Considering the complexity inherent in performing slope stability analyses, additional effort beyond the minimum standards presented herein may be required at some sites to adequately address slope stability. Slope stability and landslide hazard investigations and reports shall conform with the Guidelines for Evaluating Landslide Hazards in Utah (UGS Circular 122, Chapter 4, https://ugspub.nr.utah.gov/publications/circular/c-122.pdf), as well as the standards adopted in the Town's geologic hazard investigation and report standards manual.

B.

Liquefaction. Liquefaction can cause buildings to tip and settle; roads to crack, deform and flood; buried storage tanks to rise towards the surface; and other types of damage to buildings and infrastructure. Liquefaction hazard investigation reports shall conform with the requirements described below and be prepared by a qualified geotechnical engineer as defined above.

1.

Liquefaction hazard maps show the location and relative anticipated severity of liquefaction during an earthquake. An applicant proposing development in an area identified as very high or high susceptibility to liquefaction must submit a site-specific geologic hazard investigation and report addressing liquefaction hazards and suggesting mitigation measures prior to receiving land use or building permit approval from the Town.

2.

Geologic hazard investigations and reports addressing liquefaction hazards must meet the standards adopted in the Town's geologic hazard investigation and report standards manual.

C.

Rockfall. Rockfall hazard investigations and reports shall conform with the Guidelines for Evaluating Rockfall Hazards in Utah (Lund and Knudsen, 2019; UGS Circular 122, Chapter 7, https://ugspub.nr. utah.gov/publications/circular/c-122.pdf).

1.

Rockfall hazard maps show the locations of known rockfall, areas of potential rockfall, and recommended special study areas. An applicant proposing development in an area identified as a very high or high hazard rockfall area must submit a site specific geologic hazard investigation and report that identifies the hazards and suggests potential mitigation measures prior to receiving land use or building permit approval from the Town.

D.

Radon is a radioactive gas that emanates from uranium-bearing rock and soil and may concentrate in enclosed spaces in buildings. All new development in Springdale with basements or underground crawl spaces must include radon barriers under the structure to mitigate the potential for radon gas concentration in the structure.

(Ord. No. 2021-05, 5-12-2021)

A.

If a geologic hazard investigation report is required under section 10-15F-5(D), the applicant shall prepare and submit a geologic hazard investigation report (may be combined with geotechnical and/or other geologic reports) that meets the requirements of this chapter with an application for a subdivision preliminary or final plat, or for a design/development review for any commercial or institutional structure, or any one-, two-, or multi-family dwelling, or a building permit, or any other land use entitlement. The applicant is required to submit the following information with the report:

1.

A written, stamped certification from a Utah-licensed Professional Geologist that the geologic hazard investigation report has been prepared pursuant to the requirements of this chapter; and

2.

A written, stamped certification from a Utah-licensed Professional Geologist and a Professional Engineer that every proposed development lot, building pad, and parcel does not present an unreasonable or unacceptable risk to the health, safety, and welfare of persons or property, including buildings, storm drains, public streets, culinary water facilities, utilities, or critical facilities, whether off site, on adjacent properties, or on site, because of the presence of geologic hazards or because of modifications to the site due to the proposed land use; and

3.

A written, stamped certification from a Utah-licensed Professional Geologist and a Professional Engineer that every proposed development lot, building site, and parcel layout demonstrates that, consistent with regional standards of practice, the identified geologic hazards can be mitigated to a level where the risk to human life and damage to property are reduced to an acceptable and reasonable level in a manner which will not violate applicable federal, state, and local statutes, ordinances, and regulations. Mitigation measures shall consider in their design, the intended aesthetic functions of other governing ordinances of Springdale; and

4.

A written, stamped certification from a Utah-licensed Professional Geologist and a Professional Engineer along with a mitigation plan, if necessary, that demonstrates that the identified hazards or limitations will be addressed without impacting or adversely affecting off site areas, including adjacent properties. Mitigation measures must be reasonable and practical to implement. Property owners shall be responsible for the ongoing maintenance of all mitigation measures; and

5.

Written verification from the issuer of professional errors and omissions liability insurance, in the amount of $2,000,000.00, which covers the Utah-licensed Professional Geologist and Professional Engineer, and which are in effect on the date of preparation and submittal of all required reports and certifications. The Town shall be listed as an additional insured on the policy.

B.

The applicant and/or property owner must, as a precondition to any approval by the Town, implement and complete any and all mitigation measures identified in the geologic hazard investigation and report. The Town may set other requirements as are necessary to mitigate any geologic hazards and to ensure that the purposes of this article are met. These requirements may include, but are not limited to:

1.

Additional or more detailed investigations and professional certifications to understand or quantify the hazards and/or determine whether mitigation measures recommended in the report are adequate; and

2.

Specific mitigation requirements, establishing buildable and non-buildable areas, limitations on slope grading, controls on grading, and/or revegetation; and

3.

Prior to receiving a grading, excavation, or building permit, final grading plans, when required, shall be prepared, signed and sealed by the Utah licensed Engineering Geologist and Geotechnical Engineer that prepared the geologic hazard investigation and geotechnical report(s) to verify that their recommendations have been appropriately incorporated in the final grading plan and that building locations are approved.

C.

The Town may also set requirements necessary to protect the health, safety, and welfare of the citizens of Springdale, protect the infrastructure and financial health of Springdale, and minimize potential adverse effects of geologic hazards to the public health, safety, and property as a condition of approval of any development which requires a geologic hazard investigation report.

D.

The Engineering Geologist and Geotechnical Engineer who prepared the geologic hazard and/or geotechnical report(s), or qualified professionals working under their respective direct supervision and under their professional registration, shall be on site, at the cost of the applicant, during certain phases of construction, particularly during grading phases, the construction of retaining walls in excess of four feet in exposed height, and geologic hazard mitigation.

E.

Springdale will review any proposed land use that requires preparation of a geologic report under this chapter to determine compliance with the standards in this chapter, as well as the other standards referenced in this chapter.

1.

Springdale will endeavor to complete each review in a reasonable time frame.

2.

All direct costs associated with Springdale's review of the geologic report, including for any third-party reviewer, shall be paid by the applicant as a precondition to any approval.

3.

Springdale will determine whether the proposed land use or development, as documented by the report, complies with the following standards:

a.

A suitable geologic hazards investigation report has been prepared by qualified, Utah-licensed professionals; and

b.

The proposed land use does not present an unreasonable risk to the health, safety, and welfare of persons or property, including buildings, storm drains, public streets, culinary and other water facilities, utilities or critical facilities, whether off-site or on-site, or to the aesthetics and natural functions of the landscape, such as slopes, streams or other waterways, drainage, or wildlife habitat, whether off-site or on-site, because of the presence of geologic hazards or because of modifications to the site due to the proposed land use; and

c.

The proposed land use demonstrates that, consistent with the current, regional state of practice, the identified geologic hazards can be mitigated to a level where the risk to human life and damage to property are reduced to an acceptable and reasonable level in a manner which will not violate applicable federal, state, and local statutes, ordinances, and regulations. Mitigation measures should consider in their design, the intended aesthetic functions of other governing ordinances, such as the grading ordinance. The applicant must include with the geologic report, a mitigation plan that defines how the identified hazards or limitations will be addressed without impacting or adversely affecting off-site areas. If the report identifies multiple options for mitigation, the Town, after consulting with its geologic hazard expert, may mandate which of the options must be implemented. Mitigation measures must be reasonable and practical to implement, especially if such measures require on-going maintenance by property owners; and

d.

Should the Town determine the geologic report is deficient with respect to this ordinance, the Town will provide the applicant with a letter summarizing the specific deficiencies. If a submitted report is found deficient three times or a report was excessively deficient, Springdale will notify the Utah Division of Occupational & Professional Licensing about the licensed professional(s) deficient reports that were submitted to a public entity that were not in compliance with Utah Rules R156-76-502 (Professional Geologists, https://rules.utah.gov/publicat/code/r156/r156-76.htm) and/or R156-22-502 (Professional Engineers, https://rules.utah.gov/publicat/code/r156/r156-22.htm).

F.

For any real property with respect to which development has proceeded on the basis of a geologic hazard and/or geotechnical report which has been accepted by Springdale, no final inspection shall be completed, certificate of occupancy issued, or performance bond released until the engineering geologist and geotechnical engineer who signed, stamped, and approved the report(s), certifies in writing, that the completed development, improvements, and structures conform to the descriptions and requirements contained within the report, and that all the required inspections were made and approved by the Engineering Geologist and Geotechnical Engineer that prepared said report(s). If the preparing Engineering Geologist and Geotechnical Engineer are unavailable, an Engineering Geologist and Geotechnical Engineer, similarly qualified and licensed in Utah, shall provide the certifications.

G.

An applicant may appeal any decision made under the provisions of this article only after the land-use authority has issued a final decision and shall set forth the specific grounds or issues upon which the appeal is based. The appeal shall be submitted in writing to Springdale in accordance with the appeals provision ordinances of Springdale and current State of Utah code.

(Ord. No. 2021-05, 5-12-2021)

A.

Whenever a geologic hazard investigation report is required under this chapter, the owner of the parcel shall record a notice running with the land on a form provided by Springdale prior to the approval of any development or subdivision of such parcel or commencement of construction activity. Disclosure shall include signing a disclosure and acknowledgment form provided by Springdale, which includes:

1.

Notice that the parcel is located within a Geologic Hazard Study Area or as otherwise defined in this article; and

2.

Notice that a geologic hazard investigation report was prepared and is available for public inspection in Springdale files.

B.

Where geologic hazards, related setbacks, and non-buildable areas are delineated in a subdivision, the owner shall also place additional notification on the plat stating the above information, prior to final approval of the plat by Springdale.

(Ord. No. 2021-05, 5-12-2021)

The Geologic Hazard Study Area designated herein includes only those potentially geologic hazardous areas known to Springdale and should not be construed to include all possible potential hazard areas. The geologic hazard ordinance and the Geologic Hazard Study Area may be amended as new information becomes available, pursuant to procedures set forth in this ordinance. The provisions of this ordinance do not in any way assure or imply that areas outside the Geologic Hazard Study Area are free from the possible adverse effects of geologic hazards. This chapter shall not create any liability on the part of Springdale, its officers, reviewers, or employees thereof, for any damages from geologic hazards that result from reliance on this ordinance or any administrative requirement or decision lawfully made hereunder.

(Ord. No. 2021-05, 5-12-2021)

No change in use which results in the conversion of a building or structure from one not used for human occupancy to one that is so used shall be permitted unless the building or structure complies with the provisions of this article.

(Ord. No. 2021-05, 5-12-2021)

Applicants receiving any permit or approval within a Geologic Hazard Study Area shall be required to sign and record on the property a hold harmless agreement available from Springdale.

(Ord. No. 2021-05, 5-12-2021)

In cases of conflict between the provisions of existing zoning classifications, building codes, the subdivision ordinance, or any other ordinance of Springdale and this geologic hazard ordinance, the most restrictive provision shall apply.

(Ord. No. 2021-05, 5-12-2021)