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

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

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

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

      3.   The preservation of natural features, wildlife habitat and open space;

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

      5.   The preservation and enhancement of visual and environmental quality by use of natural vegetation and the prohibition of excessive excavation and terracing;

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

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

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

      9.   Encouragement of regard for the view of the foothills, as well as the view from the foothills; and

      10.   Determine areas in the city that, due to geologic hazards, may not be suitable for development or may require engineering measures to reduce the hazards to an acceptable level. (Ord. 172-04, 3-2-2004)

   A.   The provisions of this chapter shall apply to all lands in the city that are so designated as sensitive lands in the city's general plan.

   B.   This chapter makes additional provisions to those set forth in this title. Additional requirements not specifically in this chapter may be required by the planning commission for property designated as sensitive land, if it determines that it reasonably appears that there are additional hazards associated with the site. In the event of conflict between such foregoing designated chapters of this title, the more restrictive provisions shall apply.

   C.   The provisions of these amendments shall have no application to subdivisions, planned unit developments or other construction projects, which have been granted preliminary approval prior to the adoption of this chapter. (Ord. 172-04, 3-2-2004)

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

   B.   In the event that there are hazards in an area that are not depicted on the sensitive lands overlay map, studies may be required and the process outlined in this chapter will be followed. (Ord. 172-04, 3-2-2004)

The planning commission review shall consist of members of the city staff, building inspector and city council as necessary. Proposals in the overlay area and geologic reports on sites in the overlay area shall be reviewed by the planning commission, which is authorized to determine the process that proposals will be required to go through for approval and make recommendations to the city council. The planning commission is authorized to determine, after review of submitted reports, if properties are appropriate for development. (Ord. 172-04, 3-2-2004)

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

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

      1.   The applicant shall submit to the city technical and geologic evidence by a qualified engineering geologist to support the claim.

      2.   The planning commission (committee) and their geotechnical advisors, which may include the Utah geologic survey or an independent geologist, may require additional reviews.

      3.   If, after additional reviews are made, the planning commission agrees with the applicant's engineer and the site is determined to be out of the sensitive lands overlay area, the applicant may proceed with his or her application. (Ord. 172-04, 3-2-2004)

      4.   If, after additional reviews are made, a consensus is not reached by the committee and the applicant, the item may be appealed to the appeal authority after review and recommendation by the planning commission. (Ord. 172-04, 3-2-2004; amd. 2013 Code)

      5.   The applicant shall pay any costs incurred for review. (Ord. 172-04, 3-2-2004)

Each step should be followed in the order outlined.

   A.   Meet With Planning Commission: The applicant shall meet with the planning commission to determine the feasibility of the development and review the general plan map to determine if the site is in the sensitive lands area and if it is, what hazards are associated with the site.

      1.   If the site is outside of the sensitive lands area, the process outlined in the subdivision title will be followed. If it is subsequently determined that the site is within the sensitive lands area or the site has geologic hazards that are not shown on the map, the review process will be pursuant to this chapter.

      2.   Building permits on single lots, whether or not in platted subdivisions, which are in the sensitive lands areas, will follow the outline through this section, after which the building permit may be issued administratively after it is determined that the lot can be developed in accordance with the intent of this chapter.

      3.   If the only hazard associated with the site is high liquefaction, then the applicant must submit a soils report with recommendations for control of subsurface water, as well as footing and foundation design, after which the proposal will follow the process outlined in section 9-10-11 of this chapter.

   B.   Scope Of Work Submitted: A scope of work must be submitted by a qualified consultant that will address all hazards associated with the site and how each hazard will be evaluated.

   C.   Review Of Scope Of Work: The city and its geologic consultants will review the scope of work to determine if the methods outlined will produce the necessary information.

   D.   Application; Required Information: All applications required in this section shall first be submitted for review and recommendation to the planning commission. All of the required information necessary for each approval process shall be submitted at least twenty eight (28) days prior to the planning commission meeting at which it is to be considered. The following items are required to be submitted with the application for rezones, site plan and sketch plan approvals:

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

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

      3.   The number of lots;

      4.   The location and size of proposed lots;

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

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

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

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

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

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

         e.   Determination of groundwater characteristics, including any contamination that may be present;

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

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

         h.   Estimate of the likely highest level of the water table considering the long term effects of development and irrigation. (Ord. 172-04, 3-2-2004)

   E.   Review By Engineer; Determination: After the application is received, the geologic and soil report will be reviewed by the engineer and, if geologic hazards exist, other geotechnical advisors, which may include the Utah geologic survey (UGS). If, after review, the engineer concurs with the geologic and soil report submitted by the applicant, the item will be forwarded to the planning commission for review for preliminary plan, site plan or rezone approval. If the staff does not agree with the applicant's geologic and soils report, the following action may be taken: (Ord. 172-04, 3-2-2004; amd. 2013 Code)

      1.   Additional studies may be required to be performed.

      2.   The planning commission shall review the submitted reports and determine if a second report performed by a third party, selected by the city, is required. If so, the third party shall review the submitted studies at the cost of the applicant. The third party should review the information that has been submitted. Additional fieldwork will only be performed after consultation with the staff and applicant, and if it is determined to be necessary to make a determination.

      3.   The planning commission may determine that the site cannot be developed and no further action is taken. (Ord. 172-04, 3-2-2004)

      4.   A determination by the planning commission that the site plan cannot be developed may be appealed by the applicant to the appeal authority, upon recommendation from the planning commission, by filing of a written notice of appeal. The appeal authority shall hear such appeal. (Ord. 172-04, 3-2-2004; amd. 2013 Code)

      5.   The request will not be forwarded for rezone, sketch plan or site plan approval until it is determined by the planning commission that the site can be safely developed in accordance with the intent of this title. (Ord. 172-04, 3-2-2004)

Preliminary subdivision approval must first be received from the planning commission prior to application for final approval. All reports as submitted herein shall be prepared by persons or firms, either licensed to practice their specialty or expertise in the state, if such license for practice is required. The following items shall be submitted for preliminary approval:

   A.   Grading And Drainage Report: The application for preliminary approval shall include a plan for grading and a report on the method by which surface water and natural drainage will be accommodated. The plan shall be prepared by a professional engineer licensed to practice in the state, and shall include the following information:

      1.   Indication of existing and proposed contours;

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

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

      4.   Existing and proposed drainage patterns;

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

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

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

      8.   Computation of maximum runoff for a 10-year storm before and after development; and

      9.   Location of existing buildings or structures on the site, and location of existing buildings and structures on adjacent properties which are within one hundred feet (100') of the site, or which may be affected by any proposed grading or construction.

   B.   Approval, Disapproval Of Application: The planning commission shall consider said application and shall approve or disapprove the application. If the planning commission approves of the preliminary phases, the planning commission may attach such conditions as may be deemed necessary to secure the purposes as set forth in this chapter. If the planning commission denies the application, it shall state the reasons. (Ord. 172-04, 3-2-2004)

   A.   Application: The application for final subdivision approval shall be filed with the city. Such application shall include the applicable information required by the provisions of the subdivision title. Application for final approval may only be made after preliminary approval has been granted by the planning commission.

   B.   Planning Commission Recommendation: The planning commission shall consider the application and shall recommend to the city council approval or disapproval of the application. If the planning commission recommends approval of the final plan, the planning commission may attach such conditions as may be deemed necessary to secure the purposes as set forth in this chapter. If the planning commission recommends the application not be approved, it shall forward its reasons to the city council.

   C.   Presence Of Engineer; Installation Of Improvements: If a project has proceeded forward with geologic/hydrologic or engineering recommendations, the city may require that a qualified geotechnical engineer be on call or on site, at the cost of the developer, for all phases of construction. Letters stating that all required improvements have been installed as required must be provided within five (5) working days of completing the improvements.

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

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

      2.   Any restrictions regarding structures, grading, retaining, vegetation, etc. (Ord. 172-04, 3-2-2004)

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

 

 

   B.   Maximum Impervious Material Coverage: The maximum impervious material coverage that shall be allowed on lots upon which single-family dwelling units are located shall be five thousand (5,000) square feet.

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

   D.   Lot And Access Design: Single-family dwelling structures shall not be located further than two hundred feet (200') from the nearest public street. (Ord. 172-04, 3-2-2004)

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

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

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

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

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

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

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

      6.   The owner shall be responsible for establishing the base grade of the access road before the water system is installed. The owner, or the owner's agent, shall clear the right of way for the water system and establish the fire hydrant location and grade, by use of an offset stake, for review by the public works department. The owner or the owner's agent shall then install the water system and set the fire hydrant to the grade established by the city. If there are any changes to the access road or right of way areas which do not allow for a minimum of forty two inches (42") of cover over the water line or not more than a four inch (4") vertical difference between the flange of the fire hydrant and the finished surface of the access road, the owner shall be responsible for all expenses associated with the relocation or adjustment to the water system.

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

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

      9.   The minimum turning radii for all turns and/or curves shall be forty feet (40').

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

      11.   The property owner may be required to grant to the city a utility easement extending from the public street to the fire hydrant, and having a minimum width of fourteen feet (14') for the purpose of use, operation, maintenance and repair of such hydrant and water line, and uninhibited access at all times by emergency and service vehicles.

   B.   Fire Hydrants:

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

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

   C.   Lot Requirements And Improvements: Lots shall not be allowed or approved where the operating water pressure from the city water system serving the proposed lot or lots is less than forty (40) pounds per square inch, with a minimum fire flow of one thousand five hundred (1,500) gallons per minute at twenty (20) psi residual pressure. All water line installations shall be installed to city specifications, at the expense of the property owner.

      1.   Spark arresters shall be installed in every fireplace constructed, whether indoor or outdoor. Screen openings in such arresters shall not be in excess of one-fourth inch (1/4") in diameter;

      2.   Such other conditions and standards as the governing body or city staff may deem necessary in the furtherance of the objectives of this code and in protecting the health, safety and welfare of the citizenry. (Ord. 172-04, 3-2-2004)

   A.   Scope: It is intended by this section that the development standards and provisions, as set forth herein, shall be required in connection with all building and construction in the sensitive lands overlay area.

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

   C.   Drainage And Erosion:

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

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

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

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

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

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

   D.   Vegetation And Revegetation:

      1.   All areas on development sites cleared of natural vegetation in the course of construction of off site improvements shall be replanted with vegetation, which, when established, shall have characteristics of erosion control equal to or exceeding the original vegetation;

      2.   New plantings shall be protected with organic cover;

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

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

      5.   Vegetation shall be planted in all disturbed areas within six (6) months of the completion of off site improvements. Such vegetation shall be of a perennial and low combustibility nature and shall be sufficient, when established, to stabilize the soil.

   E.   Grading, Cuts And Fills:

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

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

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

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

      5.   The maximum vertical height of all cuts or fills shall be ten feet (10'), except in special circumstances where the planning commission gives specific approval, but shall not exceed twenty five feet (25') in any case.

      6.   All structures, except retaining walls or soil stabilization improvements, shall have a setback from the crest of the cut or base of the fill of a minimum distance equal to the depth of the fill or the height of the cut, unless a structurally sound retaining wall is built for the cut or fill slope. Retaining walls may be a part of the dwelling unit. Retaining wall design and construction must be approved by the building inspector.

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

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

      2.   Points of access shall be provided, giving access to all developed, partially developed or undeveloped areas for emergency and firefighting equipment. Driveways located upon each lot extending from a public street shall have a maximum grade of twelve percent (12%) for a length not to exceed one hundred fifty feet (150') and a minimum width of ten feet (10'). (Ord. 172-04, 3-2-2004)

      3.   Cul-de-sacs shall have a turnaround with a radius of fifty feet (50'). (Ord. 232-16, 4-5-2016)

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

      5.   Centerline curvatures shall not have less than a one hundred foot (100') radius on any curve street pattern.

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

   G.   Architectural Design:

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

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

   H.   Financial Guarantees: In addition to the provisions requiring posting of a financial guarantee as set forth in the ordinances of the city, a financial guarantee, in a form acceptable to the city council and city attorney, shall be required in connection with all building and construction in the sensitive lands overlay area, to guarantee the completion of revegetation projects, the stabilization of grading, cut and fills, and other elements involved in the construction of such projects.

   I.   Exceptions: Exceptions to the requirements and provisions as outlined in this section may be approved by the city council, with recommendation from the planning commission; provided, that the developer or owner of such development site can demonstrate to the satisfaction of the city council that the requested exceptions shall not be detrimental or injurious to the property or improvements adjacent thereto, or detrimental to the general well being of the neighborhood, or in violation of the stated purposes of this chapter. (Ord. 172-04, 3-2-2004)