Toquerville is located in a unique area of Utah where sagebrush and black brush of the cooler Great Basin Desert (ecosystem) merge with yuccas and cactus of the hot Mojave Desert (ecosystem) and pinions and junipers of the high Colorado Plateau (ecosystem). This rare collision of three (3) ecosystems results in a delicate biological area called an ecotone. Plants and animals common to the Mojave Desert ecosystem can be seen in the same location with those of the Great Basin Desert ecosystem and the Colorado Plateau ecosystem. The area is biologically rich with a large variety of plants and animals. In addition, several species, such as the shivwits milkvetch and the sandpaper bush are found here in this ecotone and nowhere else in the world. Over millions of years the cracking, dropping and thrusting of the earth's surface created a structural diversity of hills, ledges, soil types, sandstone outcroppings and lava boulders in southern Utah. The water activity of Ash Creek, LaVerkin Creek and other tributaries and washes carved and enriched the area leaving it with stunning views and surroundings.

The lands of Toquerville vary in biological sensitivity, ecological diversity and resiliency. In order to be accountable and properly manage and protect these differences, the sensitive lands ordinance (SLO) has been set up to oversee development and promote public health and safety. For example, natural area open space (NAOS) may be one of the appropriate development tools utilized to ensure specific environmental features, including native vegetation, washes, ridgelines, peaks and viewscapes are protected. This chapter is not intended to deny reasonable use of the land, but rather guide its use in ways that are sustainable while recognizing the unique opportunities and responsibilities this setting provides. (Ord. 2012.04, 1-18-2012)

The sensitive lands ordinance (SLO) is an overlay district. The underlying zoning districts that define the allowed uses and development standards for each property still exist (residential, commercial, etc.) and are modified by the specific provisions included with this chapter. Where there is a conflict between the regulations of this chapter and an underlying district, this chapter will take precedence. (Ord. 2012.04, 1-18-2012)

The purpose of the sensitive lands regulations is to identify and protect environmentally sensitive lands in the city and to promote the public safety and welfare by providing appropriate and reasonable controls for the development of such lands. The objectives to be achieved include the following:

   A.   Protect people and property from hazardous conditions characteristic of sensitive land and their development. Such hazards include rockfalls, rolling boulders, other unstable slopes, flooding, flood related mudslides, sinking, erosion and sedimentation.

   B.   Protect and preserve significant natural and visual resources. Such resources include, but are not limited to, major boulder and lava outcroppings, large boulders, major ridges and peaks, prime wildlife habitat and corridors, unique vegetation specimens, significant washes and significant riparian habitats.

   C.   Protect renewable and nonrenewable resources, such as water quality, air quality, soils and natural vegetation from incompatible land uses.

   D.   Minimize the public costs of providing public services and facilities in sensitive land areas, such as streets, water, sewer, emergency services, sanitation services, parks and recreation. Costs associated with the design and development of infrastructure in environmentally sensitive areas can be higher than costs in other areas of the city due to the unique and fragile nature of such lands.

   E.   Conserve the character of the natural landscape. Guide the location and distribution of meaningful on lot and common tract open space and protect sensitive features to sustain the unique desert character found in sensitive land areas.

   F.   Recognize and conserve the economic, educational, recreational, historic, archaeological and other cultural assets of the environment that provide amenities and services for residents and visitors.

   G.   Assure that decisions regarding development in sensitive areas are based on complete and accurate information about the environmental conditions, including drainage features and probable development impacts.

   H.   Encourage innovative planning, design and construction techniques for development in sensitive areas to minimize visual and site impacts of development.

   I.   Retain the visual character of the natural landscape to the greatest extent feasible by regulating building mass, location, colors and materials; grading location, design and treatment; and landscaping design, materials and restoration of cuts and fills.

   J.   Maintain significant open spaces which provide view corridors and land use buffers, protect landmarks, large boulders, lava rock and sandstone outcroppings, predominant lava rubble fields, and prime wash habitats by preserving these features in their natural state to maintain the city's unique desert ecotone setting.

   K.   Protect sensitive lands, while also recognizing the legitimate expectations of property owners and city's general plan. (Ord. 2012.04, 1-18-2012)

The city finds that the health, safety and the general public welfare of the residents of the city will be promoted by establishing standards for the development and excavation of hillside and slope areas located in the city so as to minimize soil and slope instability and erosion, to minimize the adverse effects of grading, cut and fill operations, to preserve the character of the city hillsides, and to otherwise supplement and amplify the city subdivision and zoning ordinances. The provisions herein are designated to accomplish the following:

   A.   Prohibit development of uses which would likely result in a hazardous situation due to slope instability, rockfalls or excessive soil erosion.

   B.   Provide for safe vehicular circulation and access.

   C.   Encourage the location, design and development of building sites in a manner that will minimize the scarring and erosion effects of cutting, filling and grading of hillsides.

   D.   Encourage preservation of open space by encouraging clusters or other design techniques to preserve the natural terrain.

   E.   Where hillside excavation does occur, require that buildings be located in the cut area to minimize the visual effects of scarring. (Ord. 2012.04, 1-18-2012)

For the purposes of this article, the following words and phrases shall have the following meanings:

CUT: Land surface which is reshaped by man through the removal of soil, rock or other materials.

DEVELOPMENT: The carrying out of any building activity or clearing of land as an adjunct of construction.

DEVELOPMENT, MAJOR: Considered to be subdivision platting, including townhomes and condominiums, multi-family residential projects, commercial and industrial building.

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

EXCAVATION: Any disturbance to the ground, including, but not limited to, clearing, grubbing, rock removal, cutting, tunneling, drilling or any other activity which alters the natural ground.

EXCAVATION, MAJOR: A vertical cut of more than four feet (4'), or disturbance of more than one acre of surface area.

EXCAVATION, MINOR: A vertical cut of four feet (4') or less, or a disturbance of less than one acre of surface area.

FILL: The deposit of soil, rock or other materials placed by man.

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

LEDGE: The first substantial abrupt change in slope along the top edge of a plateau or ridgeline.

SLOPE: A vertical rise in feet measured over a horizontal distance, expressed as a percentage, measured generally at right angles to contour lines.

TABLELAND: Land where the slope in any direction is less than ten percent (10%). (Ord. 2012.04, 1-18-2012)

   A.   A hillside development overlay zone is established, which shall be an overlay zone of the zoning classifications in the zoning ordinance. In the event of conflict between the provisions of the existing zoning classification, building code or subdivision ordinance and the overlay zone, the most restrictive provisions shall apply. Areas hereafter annexed to the city shall be affected by the hillside development overlay zone at the time of annexation in the manner then determined by the city engineer and reflected in appropriate amendment to the zone map referred to herein.

   B.   Property within the hillside development overlay zone shall conform to the provisions of this article.

   C.   The hillside development overlay zone shall be described as any hillside within the boundaries of the city with a slope of more than ten percent (10%). (Ord. 2012.04, 1-18-2012)

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

   B.   Membership: The hillside review board shall consist of the planning commission.

   C.   Quorum, Vote Required: A quorum of the hillside review board shall be three (3) members; and a majority vote of a quorum shall be required for a decision of any matter before the board. If a quorum is not present, no meeting shall be held, and any items of business shall be continued to the next meeting of the board.

   D.   Responsibilities: The hillside review board shall have the following responsibilities:

      1.   Review proposed major developments as defined in section 10-16A-7 of this article which are on slopes exceeding ten percent (10%) and make a recommendation for approval, conditional approval or denial to the city council. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

   A.   In furtherance of the purposes set forth in this article, lot size and density within the hillside development overlay zone shall comply with the following schedule. Except as permitted by subsection 10-16A-5.C. below, Any portion of a development parcel having a slope greater than thirty percent (30%) shall not be included in the calculation of the area of such parcel for the purposes of determining conformity with the minimum lot parcel size and density requirements below:

 

 

   B.   The contour intervals, maps and calculations required in section 10-16A-6 of this article shall be prepared in a report by a professional civil engineer, which shall be submitted with applications for permits or subdivision approvals. Each report shall bear said engineer’s verification as to the accuracy of the report.

   C.   If MPDO Overlay Zoning is applied for pursuant to section 10-15C-1 of this Title and the proposed MPDO plan: a) contains gross total acreage in excess of 400 acres, and b) proposes open space 75% or more in addition to that which is minimally required by section 10-15C-5.I., then base density for the area shall be calculated using the gross total acreage regardless of whether any portion of the area contains slopes greater than 30%. (Ord. 2012.04, 1-18-2012; amd. Ord. 2020.15, 7-16-2020)

   A.   Applicability: Slope shall be determined on an individual development parcel basis as an average percent natural slope for purposes of density limitations. Except as permitted by subsection 10-16A-5.C. of this Title, all property with a slope greater than thirty percent (30%) shall be excluded from the calculation of the development parcel area for purposes of determining density limitations.

   B.   Procedure: The location of the natural ten percent (10%), sixteen percent (16%), twenty four percent (24%) and thirty percent (30%) slopes for the purposes of this article shall be determined using the following procedure:

      1.   Preparation Of Contour Maps: Current contour maps shall be prepared and certified by a licensed professional engineer or surveyor showing contours at intervals no greater than five feet (5') (the "contour map") drawn at one inch equals two hundred feet (1" = 200') scale maximum.

      2.   Verification Through Field Surveys: Field surveys may be required of the applicant by the city engineer to verify the accuracy of the contour lines shown on the contour map. The contour map shall identify profile lines, which shall be used for performing the field survey. Profile lines shall be perpendicular to contour lines and in no case occur at intervals greater than one hundred fifty feet (150') apart or seventy five feet (75') from a property line.

      3.   Determination Of Slope Areas For Density Calculations: Using the contour maps, slopes shall be calculated in intervals no greater than forty feet (40') along profile lines. Points identified as slopes of ten percent (10%), sixteen percent (16%), twenty four percent (24%) and thirty percent (30%) shall be located on the contour map and connected by a continuous line. That area bounded by said lines and intersecting property lines shall be used for determining dwelling unit density. (Ord. 2012.04, 1-18-2012; amd. Ord. 2020.15, 7-16-2020)

   A.   Permit Required: All major development on slopes in excess of ten percent (10%) or within a geologic hazard area shall require a hillside development permit granted by the city council prior to any excavation or construction activity. The hillside review board shall first review all proposed major development for compliance with this and other city ordinances and standards, including appendix J of the international building code, and make a recommendation to the planning commission and city council for approval, conditional approval or denial of the proposed development. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

   B.   Included Major Development: Major development shall include subdivision platting, including townhomes and condominiums, multi-family residential projects, commercial, industrial buildings or excavation which involves a vertical cut greater than four feet (4') or involves excavating a surface area larger than one acre.

   C.   Minor Excavation: Minor excavation involves vertical cuts of four feet (4') or less and also disturbs less than one acre of surface area.

   D.   Exceptions: Permit approval under this section shall not be required for projects which have received an excavation permit, or for preliminary plats which have been approved by the city council prior to the adoption date hereof, and permitting as required under the prior chapter shall continue to have application. (Ord. 2012.04, 1-18-2012)

Any applicant for a major development, as defined in subsection 10-16A-7B of this article, on slopes greater than ten percent (10%) within either the hillside development overlay zone or within a geologic hazard area shall be required to submit to the hillside review board the following technical information and reports. Minor excavations shall require a grading permit and must conform to requirements of appendix J of the international building code, and if the slope involved is greater than ten percent (10%), the applicant shall submit an earthmoving plan in conformity with subsection B of this section, a landscape plan in conformity with subsection G of this section, a restoration bond if necessary in the discretion of the city engineer, and such other information as may be required by the city engineer, if any, prior to issuance of a grading permit. Any applicant for a zone change on slopes greater than ten percent (10%) shall submit a geology and soils report in conformity with subsection F of this section, and any other reports required by the hillside review board. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

   A.   Site Development Plans: Site development plans prepared by a licensed engineer, architect or licensed landscape architect containing:

      1.   A grading or earthmoving plan showing existing and proposed contours and cross sections. Accurate contours showing the topography of the existing ground extending at least one hundred feet (100') outside of all boundary lines of the site, or sufficient to show on and off site drainage. The slope of proposed cuts and fills shall be shown on the grading plan. The height of any cut or fill shall not exceed ten feet (10') when measured vertically from the finished grade to the intersection of the slope with the natural undisturbed ground. The combined height of cuts and fills shall not exceed twenty feet (20') unless otherwise approved by the hillside review board. This approval is subject to incorporating retaining, terracing and landscaping, or other approved techniques, for stabilizing cuts and fills. All excavation and fills shall conform to appendix J of the international building code.

      2.   Detailed plans of all surface and subsurface drainage systems and facilities, walls, cribbing or other erosion protection devices, to be constructed in connection with, or as part of the proposed project, together with a map showing the drainage area and estimated runoff of the area served by any drainage systems or facilities.

      3.   The location of any existing and proposed streets, buildings or structures, easements and drainage channels on the property.

      4.   Detailed site plans and elevation drawings showing location of all structures and how and to what extent hillside cuts will be covered and/or retained by proposed development. An earthmoving plan shall be prepared by a licensed civil engineer for all major excavations, and an earthmoving plan for excavations of a minor nature shall be prepared for approval by the city engineer. (Ord. 2012.04, 1-18-2012)

      5.   Traffic study, if deemed necessary by the city engineer or historic review board. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

   B.   Earthmoving Plan: An earthmoving plan prepared by a licensed professional civil engineer, which shall include the following:

      1.   Property contours shall be shown at two foot (2') intervals for tableland and five foot (5') intervals for steep slopes.

      2.   Special notes and details of the existing terrain shall be noted on the required topographic information.

      3.   The dimensions, elevations and contours of any proposed earthmoving shall be shown.

      4.   A description shall be included of the methods to be employed in disposing of soil and other material removed, including the location of the disposal site.

      5.   A schedule shall be included showing when each stage of the project will be completed, including the estimated starting and completion dates.

   C.   Drainage Control Plan And Report: A drainage control plan and report prepared by a licensed professional civil engineer registered in the state shall be submitted with each application. The design of the drainage control system shall be based upon the following criteria:

      1.   All drainage systems shall be separate and independent from the sanitary sewer system.

      2.   Drainage and flood control shall be designed in conformance with the city plan and approved by the city engineer.

      3.   Property development shall not cause a natural drainage channel to be filled in, obstructed or diverted. When modification to a natural drainage channel is proposed within the development, such changes will be addressed in the drainage study and shown on the improvement plans, and the developer may be required to dedicate right of way or record drainage easements for structures and/or improvements needed to carry storm runoff in the event approval is given for the proposed modifications.

      4.   The point of location where the natural drainage channel enters and leaves the property may not be changed without approval of the city engineer.

      5.   All of the drainage basin upstream of the development shall be considered to be fully developed in conformance with the city's current land use general plan. Effects on the downstream property owners relative to increased flood potential and nuisance water shall also be considered in the design, including acquisition of easements or agreements where necessary, or construction or modification of improvements where needed.

      6.   The developer shall provide the necessary means to assure drainage within the property being developed by making use of existing facilities or natural washes and constructing master planned improvements.

      7.   In general, it shall be required that each new development handle its stormwater runoff in such manner that no net increase in storm runoff above the natural state will occur on the downstream properties. In other words, the preproject flows must not be exceeded by the postproject flows.

      8.   Streets are significant and important in urban drainage and full use shall be made of streets for storm runoff up to reasonable limits, recognizing that the primary purpose of streets is for traffic. Reasonable limits of the use of streets for transportation of storm runoff shall be governed by the below listed design criteria:

 

 

When the above encroachment is exceeded, an independent stormwater system shall be designed and constructed based on a 10-year storm.

      9.   The stormwater from a 100-year frequency storm shall be adequately conveyed either within the limits of the street right of way or in storm drain easements without creating flood hazards to dwellings.

      10.   When an underground pipe system is required, it shall be designed to carry a 10-year storm. Major hydraulic structures shall be designed to carry a 25-year storm. The minimum storm drain size shall be ten inches (10").

      11.   Unless specifically permitted, retention basins on hillsides shall not be allowed.

      12.   Detention shall be allowed where it is compatible with all required reports. Detention basins shall be used for the purpose of eliminating the effects of the peak runoff of storms and releasing water flow at the preproject, or approved rate.

      13.   Cross gutter drains on streets shall be avoided wherever possible. They shall not be allowed on collector and higher order streets.

      14.   Drainage plans must be consistent with all other reports, i.e., geotechnical, soils, landscaping, etc.

      15.   When springs or other groundwater sources are found on the developer's property, the construction of an underground pipe system to eliminate the nuisance of this water will be required. Minimum pipe size shall be ten inches (10"). Overland flow will not be allowed for water that is continuously present.

      16.   All buildings shall be constructed outside the limits of and eighteen inches (18") above the 100-year flood stage, except on drainages subject to FEMA.

      17.   Necessary measures shall be taken to prevent erosion and scour at all points throughout the development. It shall be mitigated at all points of discharge and at the face of any cut or fill slope throughout the development.

      18.   During grading or construction on any property (including off site construction), the developer shall control both water used for construction and storm runoff in such a manner as to not affect any adjoining properties, nor add silt or debris to any existing storm drain, wash, channel or roadway.

   D.   Drainage Plan: The drainage plan shall be approved by the city engineer prior to final plat approval and issuance of a building permit.

   E.   Drainage Report (Study): The drainage report shall be approved by the city engineer prior to final plat approval and issuance of building permits. The report shall be prepared in conformance with guidelines provided by the city engineer.

   F.   Geology And Soils Report: Geologic hazard areas, including, but not limited to, unstable soil, groundwater or springs, mining shafts, tunnels or natural holes or caves, cliffs and other features which might pose a hazard to residents now or at any time in the future will require investigation and a report prepared by a licensed professional engineer trained and experienced in the practice of geotechnical engineering, and shall contain at least the following information:

      1.   Slope stability analysis; conclusions and recommendations concerning the effects of material removal, introduction of water, ground shaking, and erosion on slope stability.

      2.   Foundation investigation; conclusions and recommendations concerning the effects of soil conditions on foundation and structural stability, including bearing capacity, sheer strength and shrink/swell potential of soils.

      3.   The location and yield of springs and seeps which shall be shown on the site plan.

      4.   Structural features, including any geological limitations.

      5.   Existence of surface hazards, including potential for rockfalls and toppling failures to cliffs, slopes and overhangs above the subject property.

      6.   Conclusions and recommendations regarding the effect of geologic conditions on the proposed development, together with recommendations identifying the means proposed to minimize any hazard to life or property, or adverse impact on the natural environment. (Ord. 2012.04, 1-18-2012)

   G.   Landscape And Vegetation Plan: Prior to final plat or site plan approval of a project, a landscape plan, prepared by a licensed landscape contractor or a landscape architect, in conjunction with the overall site plan, must be submitted for approval. The plan shall outline areas being excavated and filled and describe in detail how the developer will restore or replant these areas. The plan shall specify types of retention being used, together with sprinkler plans and water usage methods suitable to the soil of the project.

   H.   Other Information: Other reports, plans and information as may be deemed necessary by the hillside review board or city engineer may be requested as a condition of the application procedures. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

The following standards apply to public and private streets:

   A.   Street Grades: All street grades shall be a maximum of twelve percent (12%). However, when conditions can be made more desirable by exceeding twelve percent (12%) and produce less disturbance to the existing terrain, along with improvement in safety features, the city engineer may allow grades to fifteen percent (15%) based on the merits of each case.

   B.   Intersections: Where at all possible, all intersections shall be ninety degree (90°) angles. In the event an acute angle intersection is required, it can be mitigated by realigning to achieve a ninety degree (90°) intersection using a fifty foot (50') section prior to the PC of the curve or a landing area design in which a vehicle is brought ninety degrees (90°) to the intersecting road. (See exhibit C attached to ordinance 2012.04, for example.) Acute angle intersections will only be allowed at T-intersections.

   C.   Intersection Spacing: Intersections should be spaced far enough apart so that the traffic stopped to make left turns at one intersection does not interfere with traffic movements at the adjacent intersections. On low volume streets, such as access road to subcollectors or subcollectors to subcollectors, the minimum distance should be one hundred twenty five feet (125'); for the subcollectors to collectors, the minimum distance should be two hundred fifty feet (250'). (See exhibit C attached to ordinance 2012.04, for example.)

   D.   Design Speed: The design of geometric features, such as horizontal and vertical alignment, will depend on the design speed selected for each street. The design speed is primarily determined by the street function and classification and is the maximum speed for safe and comfortable operation of a vehicle. Other than a major collector, all streets in hillside areas are classified as low speed streets (35 miles per hour or less). The use of design speeds other than those listed must be approved by the city engineer, who may decide that the speed provided in this subsection be reduced to that which is reasonable and prudent under the conditions and having regard to the actual and potential hazards.

 

 

Note:

       1.    Variance of design speeds may be granted by the city engineer to no greater than 5 miles per hour or less when conditions warrant. Variances will not be granted for short segments of roads, but for entire contiguous stretches so that consistency and driver expectancy are maintained.

   E.   Clear Sight Distance At Intersections: At intersections (see exhibit C attached to ordinance 2012.04), adequate, clear sight distance should be provided to permit drivers entering the higher order street to see approaching traffic from a long enough distance to allow them to decide when to enter the higher order street, turn onto the street and accelerate in advance of approaching traffic. Clear sight distance should be in accordance with the following table:

 

 

   Note:

       1.    See exhibit C attached to ordinance 2012.04.

   F.   Vertical Curves And Intersection Relationship: The vertical alignment of residential streets should ensure that drivers can safely negotiate hills in adverse weather and that sight distances are adequate for safety. The requirements for vertical curve design shall be in accordance with latest editions of AASHTO "Geometric Design Of Highways And Streets". See table below for listing of pertinent design criteria:

      MINIMUM LENGTH OF VERTICAL CURVES

 

 

L = KA (for minimum sight distance on a vertical curve).

L = Length of vertical curve for proper sight distance.

A = Algebraic difference in grade.

Vertical alignment with the intersection is also of special nature, and design alternatives may be required. As a guideline, the approach area where vehicles stop while waiting to enter an intersection shall not exceed four (4) to five percent (5%) from the gutter line of the street being intersected for a distance of fifty feet (50'), though a range of fifty feet (50') to one hundred feet (100') is more desirable. This applies to all intersections, except those intersections where both intersecting streets are minor collectors. The landing area for a minor collector shall be designed for a grade of two (2) to three percent (3%) for a distance of one hundred feet (100').

   G.   Safe Stopping Sight Distance: The minimum sight distance to be provided before a stop is required shall comply with the requirements set forth in the table below:

 

 

   Notes:

      1.    AASHTO, 1990 edition, page 120.

      2.    See AASHTO guidelines for grades other than 15 percent.

See subsection D of this section.

   H.   Horizontal Curves: The recommended minimum centerline radius for horizontal curves on low speed residential streets is outlined as follows:

      MINIMUM CENTERLINE RADIUS

 

 

   Note:

       1.    See subsection D of this section.

   I.   Street Cross Section Standards: The requirements for street cross section configurations are based on the following factors:

      1.   Traffic capacity.

      2.   Design speed.

      3.   Projected traffic.

      4.   Designs to reduce scarring.

Alternate road cross sections, such as grade separated streets, may be used if applicable safety and traffic standards are met and approved by the City Engineer. Exhibits B and C attached to ordinance 2012.04, set forth the requirements for street standards. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

   A.   The front setback along public streets where the slope is over ten percent (10%) will be a minimum of twenty five feet (25') from property line.

   B.   On mesa plateaus or ridgelines, the setback for all buildings from the ledge shall be a minimum of thirty feet (30'), or greater as recommended in the geotechnical report. The setbacks from other geologic hazards shall be in compliance with appendix J of the International Building Code and in conformance with recommendations in the geotechnical report. (Ord. 2012.04, 1-18-2012)

   A.   Requirement: A performance bond or letter of credit to assure hillside restoration shall be provided prior to issuance of a hillside development permit for projects disturbing more than one acre, or where determined necessary by the City Engineer on projects involving less than one acre. Such financial guarantee shall be provided in an amount sufficient to ensure necessary soil stabilization, including grading, planting and maintenance, in the event the developer fails to complete the hillside restoration in accordance with the approved plan within one year from the issuance of the permit; provided, that the Planning Commission may grant such time extension as may be necessary to allow completion of the restoration work in the event significant progress toward completion of the project is underway.

   B.   Amount: The performance bond or letter of credit shall cover the cost, as estimated by the City Engineer, to restore the hillside to an acceptable level of appearance and stability. In case of a dispute over what constitutes an acceptable level of restoration, the decision of the Planning Commission shall be determinative. (Ord. 2012.04, 1-18-2012)

In the event that the City staff makes requirements which are not acceptable to the developer, the developer may request a hearing of the matter by the Hillside Review Board. In the event of disagreement with any request or requirement imposed by the Hillside Review Board in connection with this article, an applicant may request in writing consideration by the City Council within ten (10) days thereafter. The City Council shall then hear and make final determination of the issue, subject in any event to an appeal to the Appeal Authority as permitted by Utah Code Annotated. (Ord. 2018.07, 12-13-2018)

For developments on a development parcel of more than one acre containing slopes greater than ten percent (10%), certification by a State registered engineer that the development has been completed in compliance with the approved hillside development permit, including satisfaction of any conditions contained in the permit, shall be required. Restoration bonds shall not be released or building permits issued for such a development, until such certification has been received by the city engineer and mayor. (Ord. 2012.04, 1-18-2012)

Exhibits B and C on street cross section requirements and intersection design, along with the checklists for property within the hillside development overlay zone, are attached to ordinance 2012.04 and are a part of this article. The exhibits are on file at the city office and may be acquired upon request for a reasonable fee. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

In addition to those penalties prescribed in this title, the city engineer, planning and zoning administrator or mayor shall have the right to order a halt to construction of any improvements within a hillside development overlay zone where, in his discretion, there exists a condition which violates, or threatens to violate, any of the provisions of this article. Such suspension of construction activities shall continue until the city engineer, planning and zoning administrator and mayor are satisfied that measures have been implemented for substantial compliance with this article. The developer may appeal to the hillside review board. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)