The purpose of the Building Constraint Map is to delineate those areas within the corporate limits of Willard that pose geologically and environmentally sensitive terrains with specific intent to:

1. Control the arrangement of the use of the land in a sensitive area;
2. Protect the general health, safety, and welfare of the citizens of Willard;
3. Minimize public and private property damage;
4. Provide for public awareness of sensitive environs;
5. Protect culinary water supply from possible contamination, (refer to Water Shed Protection Ordinance);
6. To maintain the efficiency of the water recharge areas of the Willard Canyon area.

The requirements of this Ordinance shall be deemed superimposed on the requirements of all zoning ordinances in those areas designated as sensitive areas and shall, in case of conflict, take precedence over the requirements of, and the uses permitted by, the other Willard City Zoning Ordinances. Changes or corrections to The Willard City Building Constraints Map will be treated as regular changes to the Zoning Ordinances.

"Sensitive Area" means:

1. Lands containing environmentally and geologically sensitive elements which, if disturbed or encroached upon by urban or suburban land development (such as utilities, dwellings, streets, industrial, commercial or certain types of agriculture) could be damaged beyond repairability, could cause damage or complete destruction to already existing public or private property within or adjacent to, and could cause loss of life or bodily harm. Such sensitive areas are a constraint to building or other development.
2. The Willard City Building Constraint Map defines the identified sensitive areas. This map is an extension of the Land-Use Map and reflects the requirements of the General Plan.
3. Specific sensitivity areas have been defined for: Earthquake faults, Historic landslide areas, Steep or unstable terrain, Subsurface waters, and Flooding.

"Sensitive Vegetation" means

1. Vegetation, primarily oak brush, shrubs, and cedars, on alluvial aprons and exceedingly porous soil areas which help prevent storm water from being converted to run-off water.
2. Vegetative cover which can be harmed by compaction from overuse, urban development, or altering of the hydrologic cycle.

"Impervious Surfaces" means those surfaces that are impenetrable by moisture including, but not limited to, rooftops, driveways, sidewalks, patios, roads, etc.

"Vented Combustion Apparatus" means any device used in the combustion of a solid fuel for any purposes.

None.

This sensitive area overlay zone ordinance does not add to the allowed uses of any zone but converts permitted use, in each respective zone over which this sensitive area ordinance extends, to a conditional use.

Basic standards are the same as those specified for the particular use in the respective zone over which the sensitive area zone extends. Before building permits are issued for any construction in a sensitive area zone, the procedure set forth in WZC 24.72.070 and WZC 24.72.080 must be complete and approved by the Planning Commission in accordance with the provisions of this ordinance.

1. The Planning Commission shall require that a detailed site plan be submitted for a proposed development or for proposed construction in a sensitive area. Such a site plan will be reviewed by a representative of the Box Elder County/Willard City Flood Control District and any or all departments of the City Administration. It may also be deemed necessary for the site plan to be reviewed by other specialized professional groups, such as:
   Utah Geological Survey U.S. Soil Conservation Service U.S. Forest Service Utah Division of Wildlife Resources U.S. Army Corps of Engineers or any other professional expert or group as may be considered necessary.
2. The intent in providing for such a review procedure is to assist the Planning Commission in properly evaluating development or construction in sensitive areas to assure the least detrimental effect on the land and to attempt to identify and preclude environmental hazards to present and future residents of Willard City.

1. A plot of the lot to be developed drawn to scale of at least one inch equals twenty feet (1" = 20') shall be submitted to the Planning Commission. Each plot plan shall show lot lines, existing and proposed topographical contours at five foot intervals, location of proposed roads, dwelling units and any other proposed structures, walks, driveways, and patio areas, springs and seeps, and all utility lines. All construction shall be in accordance with the plot plan as approved by the Planning Commission.
2. No building shall be permitted in a sensitive area zone on land where the natural terrain has a slope greater than 20%.
3. Lots or groups of lots shall provide for the complete containment and controlled release of run-off water resulting from each lot or group of lots in accordance with recommendations of the City Engineer and approved by the Planning Commission. If a project requires excavation in an area of five acres or more, complete containment of run-off water is required continuously from the beginning of construction. Said lot owner or owners shall be fully responsible for any damage resulting on other property from improperly contained run-off from said lot or lots. Facilities for the collection of storm water run-off shall be the first improvement or facilities constructed on the development site. Such facilities shall be designed so as to retain safely and adequately the maximum expected storm run-off for a twenty-five year record storm. Bonding may be required by Planning Commission to guarantee the completion of storm water run-off facilities. If such a bond is required, it shall be in an amount equal to the cost of construction of such facilities and shall continue for one year after the completion of such facilities.
4. A grading plan shall be submitted to the Planning Commission for approval. All cuts and fills shall be made such that the resulting surface has an angle equal to or less than the natural angle of repose of the soil. Approval of an individual plot plan for each lot shall be required before issuance of a building permit.
5. Street grades and profiles in any sensitive area must be approved by the City Engineer and the Planning Commission with particular consideration being given to the control of storm water run-off in recognized flood areas. Cuts or surface disturbances shall be re-vegetated within one growing season. Re-vegetation shall be scheduled such that no open areas are left during winter storms, etc.
6. In areas sensitive to hydrologic soil conditions of moderately high or high run-off, natural vegetation, when it is oak brush and small trees, shall be removed only when necessary for roads, buildings, driveways, and landscaping purposes. The maximum lawn area shall be one-fourth acre. A re-vegetation plan shall be submitted to the Planning Commission and approved for any cuts and slope disturbance and each re-vegetation shall be completed within one growing season of the surface disturbances, as per subsection E.
7. Impervious surfaces resulting from construction shall be limited to 10% of the lot area in a sensitive area zone.
8. In areas indicated on the map as wetlands. construction will be allowed only after permits are received from the Army Corps Engineers.
9. In areas indicated on the map as having a high watertable, the developer will be cautioned of the possible problems. Soil types, based on soil survey data developed by the Soils Conservation Service, will be considered, along with field examination of the site. If high watertable soil types indicate inadequate strength for support of the planned structure, engineering study of soils in the site may be required by the Planning Commission.
10. Spark arresters shall be installed and maintained in every fireplace or other vented combustion apparatus constructed indoors or outdoors. Screen openings in such arresters shall not be in excess of 1/4-inch square or round.
11. Flexible joints shall be required where utility lines cross identified faults.
12. Structures shall not be placed on, across, or within fifty feet of a fault unless it is determined by professional experts that the distance of fifty feet may be reduced without creating a potential hazard. The Planning Commission will recommend a greater distance from a Class I or II fault line if deemed necessary.
13. Structures in an earthquake sensitive area must comply with earthquake standards set forth in the International Building Code in effect at the time the building is approved.
14. Areas sensitive because of flood-prone conditions are the natural run-off channels from Willard Canyon, Cook Canyon, Holmes Canyon, Facer Creek, and several unnamed canyons. Three "No Build" zones within the sensitive area have been designated by the Box Elder County/Willard City Flood Control Board. Building within these zones is specifically prohibited, unless mitigation plans are presented by the developer and approved by the Flood Control Board, City Engineer, Planning Commission and Willard City Council.
15. In areas designated flood-sensitive, no construction of any structure shall be permitted which will disrupt flow of water in a natural drainage channel, nor may a channel be filled, blocked or diverted, except as required for flood control. Alterations of the flood ways may be undertaken only after approval of the Flood Control Board, Planning Commission and the City Council.
16. In areas located in the flood plain, as designated by the Federal Emergency Management Agency (FEMA), (FIRM 490011 B, ZONE "A", dated July 1, 1987) Flood Plain Development Permits must be obtained before building permits are issued. FEMA regulations must be followed. The flood plain is shown on the Willard City Building Constraints Map and essentially is a 250-foot strip on each side of the center line of Willard Creek.
17. If the site is located in any of the historical landslide areas, as shown on the Building Constraints Map, the Planning Commission may require the developer to engage the services of a licensed engineer-geologist who shall report his findings to the City Engineer The City Engineer will evaluate and make recommendations to the Planning Commission or City Council
18. In order to protect the Sensitive Areas of the hillside and the Ogden-Brigham canal, no residential buildings will be allowed east of the canal or within a 200-foot strip west of the canal.
19. The wellhead protection regulations require that no septic tanks or animal enclosures be located within 1500 feet of Willard City's potable water well.

Any person, persons, groups, agencies, partnerships or corporations who desire to develop or build in a designated sensitive area zone must obtain a conditional use permit application from the Willard Planning Commission. Said permit application must be filled out together with a duplicate of the proposed development site plan (see WZC 24.72.070) and presented to the Planning Commission for the Planning Commission's consideration at a regularly scheduled meeting. The Planning Commission will, at the time, determine which agencies or departments should review the site plan. Any agency or department reviewing a site plan will refer any recommendations it feels necessary regarding a particular development to the Planning Commission to satisfy the concerns of this section. The recommendations of any agency or department are in no way binding on the decision of the Planning Commission to recommend or deny a Conditional Use Permit. The Planning Commission may or may not incorporate the recommendations as conditions before final acceptance of a Conditional Use Permit application Upon acceptance of the application by the Planning Commission, the application will be forwarded to the City Council for their approval, or other action.

Any costs or expenses generated by the employment of experts or professionals for the purposes set forth herein, shall be paid by the person, groups, agencies, partnerships, or corporations, thereafter called developers, who desire to develop or construct in the sensitive area zone, and who, because of the filing of a Conditional Use Permit application have given rise to the employment of said experts or professionals as authorized herein. Any costs, fines or forfeitures, including costs of planning court and a reasonable attorney's fee, which the Planning Commission or the City of Willard may incur by reason of the developers neglect or failure to pay for expertise or technical advise contemplated by this section, shall be paid by said developer.

Unless there is substantial action under a Conditional Use Permit within a maximum period of one year of its issuance, the Conditional Use Permit shall expire. The Planning Commission may recommend a maximum extension of six months under exceptional circumstances.

Any person, firm or corporation violating any provisions of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a fine in any sum not exceeding $299.99 for each and every day during which any portion of any violation of this ordinance is committed or continued, by imprisonment in the county jail for a period of not longer than six months or by both such fine and imprisonment.