HomeMy WebLinkAbout61 of 1981 - Amending regulations and standards for site development in Salt Lake City; amending appendix Chapter SALT LAKE CITY ORDINANCE
BILL NO. 61 of 1981
Site Development Regulations
AN ORDINANCE AMENDING THE REGULATIONS AND STANDARDS APPLICABLE TO SITE
DEVELOPMENT WITHIN SALT LAKE CITY, UTAH: BY AMENDING APPENDIX CHAPTER 70
OF THE UNIFORM BUILDING CODE ADOPTED BY SECTION 5-7-2 BY DELETING ITS TEXT
AND BY ADDING SECTION 5-7-11 AND INCORPORATING THE PROVISIONS OF SAID
CHAPTER 70 WITHIN AMENDED CHAPTERS 1-7 OF TITLE 47 RELATING TO SITE
DEVELOPMENT REGULATIONS; BY DELETING THE TEXT AND SECTIONS OF CHAPTER 7 OF
TITLE 42 RELATING TO SUBDIVISION STANDARDS AND INCORPORATING AMENDED
PROVISIONS OF SAID CHAPTER 7 WITHIN AMENDED CHAPTERS 1-7 OF SAID TITLE 47;
BY REPEALING EXISTING PROVISIONS OF CHAPTERS 1-7 OF TITLE 47 RELATING TO
SITE DEVELOPMENT; BY AMENDING SAID TITLE 47 BY ENACTING SECTION 47-1-1
WHICH ADOPTS BY REFERENCE AS CHAPTERS 1-7 OF TITLE 47, CHAPTERS 1-7 OF
"SITE DEVELOPMENT REGULATIONS"; AND BY AMENDING SECTIONS 42-3-1, 42-4-1,
42-5-2 AND 42-6-1 RELATING TO A TEMPORARY RESTRICTION PROHIBITING
APPLICATION AND REVIEW OF CERTAIN LAND AND SUBDIVISION DEVELOPMENT WITHIN
THE "P-I" AND "F-1" DISTRICTS BY DELETING SAID RESTRICTION.
WHEREAS, IT IS THE RESPONSIBILITY OF THE CITY TO PROTECT THE GENERAL
HEALTH, SAFETY AND WELFARE, AND TO PROMOTE THE CONTINUED ORDERLY GROWTH OF
THE CITY" AND
WHEREAS, CERTAIN PORTION OF THE EXISTING REGULATIONS, STANDARDS AND
SPECIFICATIONS GOVERNING SUBDIVISION AND SITE DEVELOPMENT ACTIVITIES WITHIN
THE CITY HAVE BECOME OBSOLETE, AND
WHEREAS, IT IS THE OBJECTIVE TO INCORPORATE INTO TITLE 47, STANDARDS
APPLICABLE TO VARIOUS TYPES OF SITE DEVELOPMENT PROJECTS FOR A
COMPREHENSIVE STATEMENT OF SUCH REGULATIONS TO OBTAIN BETTER DESIGN, REVIEW
AND ENFORCEMENT OF THE PROVISIONS;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City,
Utah:
SECTION 1. That Appendix Chapter 70 of the Uniform Building Code,
1976 Edition, relating to excavation and grading, adopted by reference by
Section 5-7-2 of the Revised Ordinances of Salt Lake City, Utah, 1965 as
amended, be, and the same having been amended and incorporated within the
1
61
revised text of Title 47 relating to Site Development Regulations adopted
by references in Section 4 below, and the same is hereby amended by
DELETING Sections 7001-7015, and by ADDING to Chapter 7 of Title 5, a new
Section 5-7-11 which shall read as follows:
Section 5-7-11. Excavation and Grading. Appendix Chapter 70
of the Uniform Building Code, 1976 Edition, relating to excavation and
grading, as adopted by reference in Section 5-7-2 of this Chapter is
hereby amended by deleting the text of Sections 7001-7015 and amending
by ADDING a cross reference so Appendix Chapter 70 shall read as
follows:
APPENDIX CHAPTER 70
EXCAVATION AND GRADING
Sections 7001-7015. Said sections and their revised text are
hereby deleted having been incorporated within the text of Title 47
relating to Site Development Regulations, drawing particular reference
to provisions within Chapters 4 and 5 of said Title 47.
SECTION 2. That the text and sections of Chapter 7 of Title 42 of the
Revised Ordinances of Salt Lake City, Utah, 1965 amended, relating to
subdivision standards be, and the same having been amended and incorporated
within the body of the text of Chapter 3 of Title 47 relating to Site
Development Regulations adopted by reference in Section 4 below, and the
same are hereby amended by DELETING Sections 42-7-1 through 42-7-13 and
ADDING a cross reference which shall read as follows:
CHAPTER 7
SUBDIVISION STANDARDS AND REQUIREMENTS
Sections: 42-7-1 through 42-7-13 are hereby deleted.
Subdivision standards shall be governed by the applicable provisions
of Title 47 relating to Site Development Regulations, and in particular by
provisions of Chapter 3 of said Title 47.
SECTION 3. That Chapters 1-7 of Title 47 of the Revised Ordinances of
Salt Lake City, Utah, 1965 as amended, relating to site development be, and
the same having been amended and reincorporated into the proposed
provisions of Title 47 as adopted by reference under Section 4 of this
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ordinance, are hereby amended by REPEALING the existing provisions of said
Chapters 1-7 of Title 47.
SECTION 4. That Chapters 1-7 of that certain pamphlet entitled "SITE
DEVELOPMENT REGULATIONS - Procedures, Standards and Specifications" dated
August, 1981 is hereby adopted by Salt Lake City by reference as
ordinances, rules and regulations of said city by amendment to Title 47 by
ADDING NEW Chapters 1-7 by ENACTING Section 47-1-1 to read as follows:
TITLE 47
SITE DEVELOPMENT REGULATIONS
Procedures, Standards and Specifications
Chapter T. General Provisions
Chapter 2. Definitions
Chapter 3. Subdivision Standards and Requirements
Chapter 4. Land Development Requirements: Building Sites
Chapter 5. Independent Site Development Activities
Chapter 6. Interpretation, Permit Procedure, Appeals, Grounds
for Denial, and Enforcement.
Chapter 7. Energy Efficient Design Incentives (Reserved)
Chapter 8. Floodplain Regulations
CHAPTER I
GENERAL PROVISIONS
Section 47-1-1. Adoption and Title. That certain pamphlet
entitled "SITE DEVELOPMENT REGULATIONS - Procedures, Standards and
Specifications' dated August, 1981 including Chapters 1-7 which were
specifically prepared in conjunction with this ordinance, is hereby
adopted by reference by Salt Lake City as ordinances, rules and
regulations of said City to guide all land development activity.
Three copies of said pamphlet, hereinafter sometimes referred to as
"Regulations" shall be filed for use and examination by the public in
the office of the Recorder of Salt Lake City. Hereinafter all
references to the various provisions of Chapters 1-7 of said
Regulations shall be considered as references to correspondingly
numbered sections and chapters of Title 47. Said provisions may be
cited and known as the Site Development Regulations of Salt Lake City,
Utah.
(Sections 47-1-2 et seq to but not including Section 47-7-1 are
located in Chapters 1-7 of said Regulations).
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CHAPTER 8
FLOODPLAIN REGULATIONS
* * *
SECTION 5. That the last paragraph of Sections 42-3-1, 42-4-1, 42-5-2
and 42-6-1 relating to the issuance of a temporary prohibition on the
filing and preparation of preliminary, minor, and/or final subdivision
plats or multi-family dwelling projects within the "Preservation" (P-1) or
"Foothill" (F-1) zoning districts, be, and said Sections are hereby amended
by DELETING the following ending paragraph as it appears in each of said
Sections:
* * *
Notwithstanding the foregoing, no application for a preliminary
subdivision conference, preliminary subdivision plat approval, minor
subdivision approval or final approval of any subdivision or
multi-family unit project such as an apartment, condominium or planned
unit development located within the Preservation "P-1" or Foothill
Overlay "F-1" Districts of this City shall be accepted, reviewed,
acted upon or approved by the Planning Director, Planning Commission,
Mayor or other City staff. Said temporary regulation shall not apply
to individual building permits in existing approved subdivisions.
SECTION 6. The Council of Salt Lake City, determines that it is
imperative to the welfare and best interests of the City that said
ordinance become effective immediately upon publication.
SECTION 7. This ordinance shall be effective as of the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah this 18th day of
August, 1981.
CHAIRMAN
ATTEST:
Kathnyh rshall
CITY RECORDER
4
Transmitted to the Mayor on August 18th, 1981,
L. WILSON, MAYOR
ATTEST:
X/PA��i�
KathrynP shall
CITY RECORDER
(SEAL)
BILL 61 of 1981
Published September 2, 1981
5
ADN-35,
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
Legal Notices I Shang D. Conaty
SALT'LAKE CITY ORDINANCE
'BILL NO.61 of 1WI
• Site Dewbptnenr Regulations
AN ORDINANCE AMENDING THE REGULATIONS AND �T
STANDARDS APPLICABLE TO SITE DEVELOPMENT Bein first dulydeposesand that he is le
WITHIN SALT LAKE CITY,UTAH,BY AMENDING APPEN-
DIXCHAPTER Ip 0r THE UNIFORM BUILDINGe g
DING CODE advertising clerk of the DESERET NEWS,S, a daily
ADOPTED BY SECT ON 5-7.2 BY DELETING ITS TEXT
AND ADDING SECTION 5.7.11 AND INCORPORATING,THE ['� TT p printedEnglish
PROVISIONS OF SAID CHAPTER 10 WITHIN AMENDED (except Sunday) newspaper in the
CHAPTERS 1-7 OF TITLE 47 RELATING TO SITE DEVEL-
OPMENT REGULATIONS:BY DELETING THE TEXT AND language with general circulation in Utah, and
SECTIONS OF CHAPTER 7 OF'TITLE 42 RELATING TO City,STANDARDS AND INCORPORATING published in Salt Lake City, Salt Lake County, in the
AMENDED PROVISIONS OF SAID CHAPTER ]WITHIN T�
AMENDED CHAPTERS 1-1 OF SAID TITLE 41: BY RE State of Utah.
PEALING EXISTING PROVISIONS OF CHAPTERS 1-7 OF
TITLE Jr RELATING TO S1TE DEVELOPMENT; BY
AMENDING SAID TITLE 42 BY ENACTING SECTION 47.1.1
WHICH ADOPTS BV REEERE Or
A5 CHAPTERS 1.1 OF That the legalhereto
TITLE dT, CHAPTERS ] O 'SING DEVELOPMENT notice of which a copy is attached hereto
42.4.1,
42,5-2.AN AND BY AMENDINGTING SECTIONS<ARY•
RESTRICTION NO HIBI APPLICATIONIRNGAP TO A TEMPORARY
PROHIBITING BIVISION AND REVIEW u.OF CERTAIN,L'AND AND SUBDIVISION DEVELOPMENT Pub notice of Bill #61 of 1981
WITH ET RI TI"AND"F•IrrDISTRICTS BY DE LFTING
SAID RESTRICTIONS.
70 WROgWTEAgT,THE IT ISTHE'GENERAL
HEAL 3(1, SAFETY OF THE CITYN
ND TO PROMOTE rt'w
D
ER-
WY 1N E R1.4 OFTC HE CIT 5" D •
PORTIONS10E THE EXISTING
REGULgqAN'T�4ONS, STANDARDSA (-AND SPECIFICATIONS
ACIIVIRTIESG WITHINV THEN CIITY HAVE DEVELOPMENT
ACT AND.
WHEREAS,IT IS THE OBJECTIVEPPssA TO INCORPORATE
INTO TITLE 47,COM VARIOUS
TYPPREHENSI OF VETTATEMENTANDARDS �OF 15 PROJECTS
REGCABLE OULAOR A
TI(INS
TO OBTAIN BETTER DESIGN,'REVIEW AND EtIFORCE-
MENTUE TILE PROVISIONS
NOW.THEREFORE,be it oidelned by the City Council of
Salt Lake City,Utah-
SECTION I. That Appendix Chapter'70 of the Uniform
Building Crde,1916 Eddie.,relating to excavation and grad. y
adopted by reference by Section S-0-2 of the Revised Oral- was published in said newspaper on Sept. 2, 1981
minces of Salt Lake City,Utah,1965 as amended,he,and the
baying been amended and in atfd within the re-
aevised text of Title 47 relation to Site DevelopmentRegulations
npled by references in Section 4 below,and ttw s
hereby amended by DELETING Sectons 1001-6015.and by
ADDING to Chapter 1 of Title 5,a new Section 5-7,II which
scroll read as follows.
Section 5.1-II.Excavation and Grading Appendix Chapter I;
TO of the Uniform Building Conde, 1976 Edition,relating to
•
exrayation and grading,as adopted by reference in Section 5- -
,,of this Chapter hereby mended by deleting the kW of
Sections MI4015 is
amending b cross ADDING a refer-
ence so Appendix Chapter shah read as follows,
APPENDIX CHAPTER 10
EXCAVATION AND GRADING
Sections 7001.7015.Said sections and their revised text are
hereby deleted having been purger led within the test of. o
Title 47 relating o Site Development Regulations,drawing lore me this 29th day of
Particular r hence l0 provision.within Chanters 4 and 5 of
i ile 47.et
SECTION 2.That Ere text and secIons of Chapter]of Ti-, (� '1
tic 42 of the Revised Ordinances of 4Salt 1010,Lake City,Utah,1965 A.D. 19..8,1..
ended,relating to subdivision standards he,and the same
having been emended and incorporated wltkm the of Ike
text of Chaplet'3 of Title 47 relating to Site development
t Rego.
'anon,adopted by reference in Section 4 below,a.the same
are h. ended by DELETING Sections 42-7-1 through
13 and
d ADDING a cross reference which shall read as fol ♦ /,','
SUBDIVISION STANDARDSlows
CHAE AND REQUIREMENTS I',y' . 7 , 0-��/.•-"/--A -2':�y-j'✓ -L_ _..
- sr.ctions 2-]I through 42].13 are hereby do epee,
Subdivision standards shall be governed by Ike applicable
of Title 41 relating to Site epmentRegula-
tions, Notary Public
ulna in part-Iowa,.by provisions of Chapter 3 of said Title
47.
LI SECTION Srthat Chanters 1-7 of Title V of the Revised
f Ordinances of Salt Lake City,Utah,1965 as amended,relating
site develonrlIll t be,and the same having been Mined
F ap ter r poratfy0 it o e p o sed 4 VI lsions rd Till%m ae
aorefUE m r Under CI G t d of this ordinance, e
)1 said
amended 1.I byeREPE REPEALING the existing Prov1610ns Of
said Chapters II.of Title 47.
SECTION 4. VEt Chapters R G that certain REGULATIONS-Procedures,
ocedurpamphlet
nnlled'SITE DEVELOPMENT dated
August,
1101 II home,,
a entitled and SLaRn lIy rby refer¢ceaos o 1tna Is berth,/
adopted by Salt of Lc etc by r ordinances,rules
y a d re laptops 1.stet city by ENACbme.nl e Tine d1 tv
^h, ADDING NEW(.tlaptars I I it.'ENACI ING Section d11.1 10
eat as follows.
TITLE 47
SITE DEVELOPMENT REGULATIONS
Procedures,Standards and Specifications
• Chanter 1,General P100ltiions
Chapter 3.Subdivision u v
ns
('hapter 3. eve Standards R and Renults. Buts
Chapter 4 Land Development 0000irCments'Building
Sites
Chapter 5.IndependentSite ermitoPrce000Activities
n
Chapter 6. Genial,ans,Permit Procedure,Appeals,
it Chapter for Energy and EnfoEfficient
Desint
gn
Chapter]-Energy Eflicienr OBsign Incentives(Re-
-
Chapter B.Flea/Wain Reg Ulafions
CHAPDER1
GENERAL PROVISIONS
Section 47-1-1.Adoption and Title Thhat certaIn pamphlet
entitled"SITE DEVELOPMENT ReGULAI IONS.Procedures,
Chopards and Specifications"dated August,1981 Including
this orditers LI nance.htcn Ws hetet,adere opted by reference by Sa
lred in t
ref l Cl on
w the
Lake City as ordinances,riles acre regulations of poi,'City To
guide all land development activity Three c sold
L
chwi
111111 ,herernatter sonietirtres referred to as"Regulations''
SITE DEVELOPMENT REGULATIONS
PROCEDURES, STANDARDS AND SPECIFICATIONS
(Chapters 1-7 of Title 47, Revised Ordinances
of Salt Lake City, Utah, adopted oy reference.)
Chapter 1. GENERAL PROVISIONS
Chapter 2. DEFINITIONS
Chapter 3. SUBDIVISION STANDARDS AND REQUIREMENTS
Chapter 4. LAND DEVELOPMENT REQUIREMENTS: BUILDING SITES
Chapter 5. INDEPENDENT SITE DEVELOPMENT ACTIVITIES
Chapter 6. ADMINISTRATION AND ENFORCEMENT PROVISIONS
Chapter 7. ENERGY EFFICIENT DESIGN INCENTIVES (RESERVED)
August, 1981
CHAPTER 1
GENERAL PROVISIONS
SECTIONS:
47-1-1. Adoption and Title
47-1-2. Authority
47-1-3. Applicability
47-1-4. Purpose
47-1-5. [Adoption of] Identification of Fault Hazard Map
47-1-6. Format
SECTION 47-1-1. ADOPTION AND TITLE. That certain pamphlet
entitled "SITE DEVELOPMENT REGULATIONS - Procedures, Standards and
Specifications" dated August, 1981, including Chapters 1-7 which were
specifically prepared in conjunction with this ordinance, is hereby
adopted by reference by Salt Lake City as ordinances, rules and regu-
lations of said City to guide all land development activity. Three
' copies of said pamphlet, hereinafter sometimes referred to as
"Regulations" shall be filed for use and examination by the public in
the office of the Recorder of Salt Lake City. Hereinafter all refer-
ences to the various provisions of Chapters 1-7 of said Regulations
shall be considered as references to correspondingly numbered sections
and chapters of Title 47. Said provisions may be cited and known as
the Site Development Regulations of Salt Lake City, Utah.
SECTION 47-1-2. AUTHORITY. This ordinance is enacted pursuant
to Title 10, Utah Code Annotated 1953. This ordinance is further
enacted as an element of the Salt Lake City Master Plan.
SECTION 47-1-3. APPLICABILITY. The provisions of this ordinance
shall apply to all site development within Salt Lake City; however, a
permit shall be required only for those types of developments set
forth in Sections 47-4-1 and 47-5-1.
SECTION 47-1-4. PURPOSE. This ordinance is adopted: to promote
public safety and the general public welfare; to protect property
against loss from erosion, earth movement, earthquake hazard and
1
flooding; to maintain a superior community environment; to provide for
the continued orderly growth of the city; to insure the maximum
preservation of the natural scenic character of major portions of the
city by establishing minimum standards and requirements relating to
land grading, excavations, and fills; and to establish procedures by
which these standards and requirements may be enforced. It is
intended that this ordinance be administered with the foregoing
purposes in mind and specifically to:
(1) Insure that the development of each site occurs in a manner
harmonious with adjacent lands so as to minimize problems of drainage,
erosion, earth movement and similar hazards.
(2) Insure that public lands and places, water courses, streets
and all other lands in the city are protected from erosion, earth
movement or drainage hazards.
(3) Insure that the planning, design and construction of all
development will be done in a manner which provides maximum safety and
human enjoyment, and, except where specifically intended otherwise,
makes it as unobtrusive in the natural terrain as possible.
(4) Insure, insofar as practicable, the maximum retention of
natural vegetation to aid in protection against erosion, earth
movement and other hazards and to aid in preservation of the natural
scenic qualities of the city.
(5) Insure, insofar as Salt Lake City is located in an active
seismic zone, that appropriate earthquake hazard mitigation measures
are incorporated into the planning and execution of site development.
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SECTION 47-1-5. IDENTIFICATION OF FAULT HAZARDS.
Pending the completion by the Utah Geological and Mineral Survey,
hereinafter "UGMS", of a Fault Hazard Map for Salt Lake City, the
Planing Director may rely upon the existing information available from
UGMS or other publicly or privately prepared geological reports to
identify fault hazards.
SECTION 47-1-6. FORMAT. This ordinance is designed to establish
administrative and enforcement procedures and minimum standards
applicable to site development activities according to the following
categories:
(1) Chapter 3 governs site development associated with
subdivision approval process.
(2) Chapter 4 governs site development associated with
construction of individual buildings under authorized building
permitS.
(3) Chapter 5 governs site development not requiring approval or
permits under sub-paragraph (1) or sub-paragraph (2) above.
3
CHAPTER 2
DEFINITIONS
SECTIONS:
47-2-1. Definitions.
47-2-2. As-graded.
47-2-3. Average Slope.
47-2-4. Bedrock.
47-2-5. Bench.
47-2-6. Borrow.
47-2-7. Buildable Area.
47-2-8. Building Official.
47-2-9. Building Permit.
47-2-10. Certify or Certification.
47-2-11. City Engineer.
47-2-12. Civil Engineer.
47-2-13. Civil Engineering.
47-2-14. Compaction.
47-2-15. Cubic Yards.
47-2-16. Cul-De-Sac.
47-2-17. Cut.
47-2-18. Driveway.
47-2-19. Earth Material.
47-2-20. Engineering Geologist.
47-2-21. Erosion.
47-2-22. Excavation.
47-2-23. Existing Grade.
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47-2-24. Fill. ✓
47-2-25. Fill Material.
47-2-26. Fuel Break.
47-2-27. Grading.
47-2-28. Level Building Site.
47-2-29. Licensed Architect.
47-2-30. Natural Drainage.
47-2-31. One Street Access.
47-2-32. Parcel.
47-2-33. Percent of Slope.
47-2-34. Permittee.
47-2-35. Person.
47-2-36. Planning Director.
47-2-37. Quarry.
47-2-38. Registered Professional Engineer.
47-2-39. Removal.
47-2-40. Seismic.
47-2-41. Site.
47-2-42. Site Development.
41-2-43. Soils Engineer
47-2-44. Slope Classification Map.
41-2-45. Surcharge.
47-2-46. Testing Laboratory.
47-2-47. Transition Slope.
47-2-48. Vacant.
SECTION 47-2-1. DEFINITIONS. For the purposes of this
ordinance, certain terms used herein are defined as set forth below:
5
SECTION 47-2-2. AS-GRADED. "As-graded" shall mean the surface
conditions existent upon completion of grading.
Section 47-2-3. AVERAGE SLOPE. "Average slope" shall be
determined by the following formula:
AVERAGE SLOPE = .0023 x I x L
A
Where:
.0023 = A factor for the conversion of square feet into
acres.
I = contour interval (in feet) of a topographical map of the
parcel.
L = combined length (in feet) of or along all contour lines
measured on the parcel.
A = parcel area in acres.
SECTION 47-2-4. BEDROCK. "Bedrock" shall mean in-place solid
rock.
SECTION 47-2-5. BENCH. "Bench" shall mean relatively level step
excavated into earth material on which fill is to be placed.
SECTION 47-2-6. BORROW. "Borrow" shall mean earth material
acquired from an off-site location for use in grading on a site.
SECTION 47-2-7. BUILDABLE AREA. The "Buildable area" shall be
that portion of the platted lot exclusive of the required front,
6
rear, and side yard setbacks, as established by the base zone for the
lot, and all designated undevelopable area.
SECTION 47-2-8. BUILDING OFFICIAL. "Building Official" shall
mean the Director of the Building and Housing Services Department of
Salt Lake City.
SECTION 47-2-9. BUILDING PERMIT. "Building permit" shall mean a
permit issued by Salt Lake City for the construction, erection or
alteration of a structure or building.
SECTION 47-2-10. CERTIFY OR CERTIFICATION. "Certify or certifi-
cation" shall mean that the specific reports, inspections, and tests
that are required have been performed by the person or under their
supervision, and that the results of such reports, inspections and
tests comply with the applicable requirements of this ordinance.
SECTION 47-2-11. CITY ENGINEER. "City Engineer" shall mean the
City Engineer of Salt Lake City.
SECTION 47-2-12. CIVIL ENGINEER. "Civil Engineer" shall mean a
professional engineer registered in the State of Utah to practice in
the field of civil works.
SECTION 47-2-13. CIVIL ENGINEERING. "Civil Engineering" shall
mean the application of the knowledge of the forces of nature,
principles of mechanics and the properties of materials to the
7
evaluation, design and construction of civil works for the beneficial
uses of humankind.
SECTION 47-2-14. COMPACTION. "Compaction" shall mean the densi-
fication of a fill by mechanical means.
SECTION 47-2-15. CUBIC YARDS. "Cubic yards" shall mean the
volume of material in an excavation and/or fill.
SECTION 47-2-16. CUL-DE-SAC. "A street closed at one end."
SECTION 47-2-17. CUT. See "Excavation in Section 47-2-22.
SECTION 47-2-18. DRIVEWAY. "Driveway" shall mean a way or route
for use by vehicle traffic leading from a parking area or from a
house, garage or other structure, to a road or street.
SECTION 47-2-19. EARTH MATERIAL. "Earth material" shall mean
any rock, natural soil or any combination thereof.
SECTION 47-2-20. ENGINEERING GEOLOGIST. "Engineering Geologist"
shall mean a graduate in geology or engineering geology of an
accredited University, with five or more full years of professional
post graduate experience in the application of the geological
sciences, of which at least three full years shall be in the field of
engineering geology that has required the application of geological
data, techniques, and principles to engineeering problems dealing with
8
ground water and naturally occurring rock and soil, for the purpose of
assuring that geological factors are recognized and adequately
interpreted and presented.
SECTION 42-2-21. EROSION. "Erosion" shall mean the wearing away
of the ground surface as a result of the movement of wind, water
and/or ice.
SECTION 42-2-22. EXCAVATION. "Excavation" shall mean any act by
which vegetation, earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
SECTION 42-2-23. EXISTING GRADE. "Existing grade" shall mean
the actual elevation (in relation to mean sea level) of the ground
surface before excavation or filling.
SECTION 42-2-24. FILL. "Fill" shall mean any earth, sand,
gravel, rock or any other material which is deposited, placed,
replaced, pushed, dumped, pulled, transported or moved by man to a new
location and shall include the conditions resulting therefrom.
SECTION 47-2-25. FILL MATERIAL "Fill material" shall mean earth
material free from: (1) rock, or similar irreducible material
exceeding 12 inches in any dimension; (2) metal; and (3) organic
9
material except that topsoil spread on cut and fill surfaces may
incorporate humus for desirable moisture retention properties.
SECTION 47-2-26. FUEL BREAK. "Fuel break" shall mean a
strategically located strip or block of land, varying in width, on
which vegetation has been modified to provide a safer place for fire
fighters to work and to help reduce the rate of fire spread.
SECTION 47-2-27. GRADING. "Grading" shall mean excavation or
fill or any combination thereof and shall include the conditions
resulting from any excavation or fill.
Section 47-2-28. LEVEL BUILDING SITE. A "Level building site"
shall be a site contained wholly within the Buildable Area, of a
dimension not less than thirty (30) feet by forty (40) feet, to
accommodate the main structure, required off-street parking, and
drainage resulting from said improvements. Slope of the Level
Building Site shall not exceed sixteen (16) percent.
SECTION 47-2-29. LICENSED ARCHITECT. An architect who is
registered with the Department of Registration of the State of Utah.
SECTION 47-2-30. NATURAL DRAINAGE. "Natural drainage" shall
mean water which flows by gravity in channels formed by the surface
topography of the earth prior to changes made by the efforts of man.
SECTION 47-2-31. ONE STREET ACCESS. "One street access" shall
describe a street that provides the sole access to one or more other
streets.
SECTION 47-2-32. PARCEL. "Parcel" shall mean all contiguous
land in one ownerhsip, provided, however, each lot conforming to the
zoning ordinances of Salt Lake City in a subdivision may be considered
to be a separate parcel.
SECTION 47-2-33. PERCENT OF SLOPE. "Percent of slope" shall mean
the slope of a designated area of land determined by dividing the
horizontal run of the slope into the vertical rise of the same slope
and converting the resulting figure into a percentage value.
SECTION 47-2-34. PERMITTEE. "Permittee" shall mean any person
to whom a site development permit is issued.
SECTION 47-2-35. PERSON. "Person" shall mean any person, firm
or corporation (public or private), the State of Utah and its agencies
or political subdivision, and the United States of America, its
agencies and instrumentalities, and any agent, servant, office or
employee of any of the foregoing.
SECTION 47-2-36. PLANNING DIRECTOR. "Planning Director" shall
mean the Planning Director of Salt Lake City.
SECTION 47-2-37. QUARRY. "Quarry" shall mean an open excavation
used for the extraction of resources.
SECTION 47-2-38. REGISTERED PROFESSIONAL ENGINEER. "Registered
professional engineer" shall mean a civil engineer who is registered
with the Department of Registration of the State of Utah.
11
SECTION 47-2-39. REMOVAL. "Removal" shall mean killing
vegetation by spraying, complete extraction or excavation, or cutting
vegetation to the ground, trunks, or stumps.
SECTION 47-2-40. SEISMIC. "Seismic" shall mean pertaining to,
characteristic of, or produced by earthquakes or earth vibration.
SECTION 47-2-41. SITE. "Site" shall mean a lot or parcel of
land, or a contiguous combination thereof, where grading work is
performed as a single unified operation.
SECTION 47-2-42. SITE DEVELOPMENT. "Site development" shall mean
altering terrain and/or vegetation.
SECTION 47-2-43. SLOPE CLASSIFICATION MAP. A map prepared by a
registered professional engineer or surveyor, on a contour map,
showing at a minimum, those areas with a slope less than ten (10)
percent and greater than or equal to forty (40) percent as calculated
between every contour interval on said map.
SECTION 47-2-44. SOILS ENGINEER. "Soils engineer" shall mean
registered civil engineer of the State of Utah, specializing in soil
mechanics and foundation engineering, familiar with the application of
the principles of soils mechanics in the investigation and analysis of
the engineering properties of earth material.
12
SECTION 47-2-45. SURCHARGE. "Surcharge" shall mean the
temporary placement of fill material on a site in order to compress or
compact the natural soil mass.
SECTION 47-2-46. TESTING LABORATORY. " "Testing Laboratory"
shall mean a testing laboratory that requires supervisory personnel to
be professional engineers registered with the Department of
Registration of the State of Utah.
SECTION 47-2-47. TRANSITION SLOPE. The "Transition Slope" shall
be a slope contained wholly within the Buildable Area used to
transition from the grade of the Level Building Site to the natural or
engineered finished grade of the yard areas.
SECTION 47-2-48. VACANT. "Vacant" shall mean land on which
there are no structures or only structures which are secondary to the
use or maintenance of the land itself.
13
CHAPTER 3
SUBDIVISION STANDARDS AND REQUIREMENTS
SECTIONS:
47-3-1. General Regulations and Standards
47-3-2. Lot Design Standards
47-3-3. Street Design Standards
47-3-4. Grading and Erosion Control Design Standards
47-3-5. Foothill Development Special Regulations
47-3-6. Flood Plain Development Special Regulations
47-3-7. Canyon Development Special Regulations
47-3-8. Non-Residential Subdivision Special Regulations
47-3-9. Inspections and Enforcement
SECTION 47-3-1. GENERAL REGULATIONS AND STANDARDS. Except where
modified by the Mayor, all subdivisions of land within Salt Lake City
shall comply and conform with the standards and requirements as set
forth and as referred to in this chapter, as follows:
1. Supervision. All site development and/or sudivision work
performed under this chapter will be allowed only when said work is
performed under the supervision of the City Engineer or Public
Utilities Director as is appropriate under the approved subdivision
plan, and said work is secured by a performance guarantee bond
acceptable to the City Attorney and Mayor.
2. Hazardous Areas to be Fenced. All areas of the subdivision
or features adjacent to the subdivision, which present a potential
threat to the public safety shall be fenced with a six (6) foot
14
non-climbable fence or acceptable alternative, as required by the
Planning Commission. Such hazardous areas may include, but are not
limited to, rivers and streams, canals, cliffs, ravines, arterial or
collector streets, railroad rights-of-way, and steep slopes. Said
fence shall be constructed and included as part of the subdivision
improvements and shall be bonded.
3. Buildable Lots. All subdivisions shall result in the
creation of lots which are developable and capable of being built
upon. No subdivision shall create lots, and no building permit shall
be issued for any lots which would make improvements and services
impractical due to size, shape, steepness of terrain, location of
water courses, problems of sewerage or driveway grades, or other
physical conditions.
4. Access to Public Streets.
(a) All lots or parcels created by the subdivision of land
shall have access to a public street improved to standards hereinafter
required. Private streets shall not be permitted unless the Planning
Commission finds that the most logical development of the land
requires that lots be created which are served by a private street or
other means of access, and makes such findings in writing with the
reasons therefor.
(b) As part of the application of any subdivision including
private streets, the subdivider shall submit to the Planning
Commission for review by the City Engineer the following street plans:
(1) A street development plan showing:
(i) the alignment, width, grades design, and material
specifications;
15
(ii) the topography and means of access to each lot;
(iii) drainage;
(iv) utility easement for servicing the lots served
by such private street.
(2) A plan providing for future ownership and maintenance
of said street together with payment of taxes and other liability
thereon.
After review and favorable recommendation by the City Engineer,
the Planning Commission may include such approved street plans as part
of its recommendations to the Mayor. Construction of the private
street or access shall be completed prior to occupancy of any
buildings on lots served by a private street. However, if finished
grading has been completed and stabilized to the City Engineer's
satisfaction, the subdivider may post a cash bond equal to the cost of
completing the street, as determined by the City Engineer, in a form
approved by the City Attorney to assure the earliest possible
completion of said streets. The bond may be posted if and only if the
street is stabilized and made passable until such time as the
completion of the street can be accomplished.
5. Landscaping.
(a) A landscaped area shall be required in all subdivisions.
Said landscaping shall be located either within the non-paved portion
of the street right-of-way, or within a dedicated landscaping
easement, not less than five (5) feet wide, adjacent to the street.
The location of the landscaping shall be specified by the Planning
Commission. The type of landscaping and street trees shall
16
be selected, installed and maintained in accordance with standard
specifications, prepared by Salt Lake City.
(b) Whenever, in the opinion of the Planning Commission, the
cuts and fills are of sufficient size or visibility to demand special
treatment, the subdivider shall be required to landscape such areas
with suitable permanent plant materials and to provide for their
maintenance according to a plan as outlined in Section 47-3-5(4) and
• approved by the Parks Department.
(c) The subdivision shall be so designed as to preserve the
greatest amount of existing on-site vegetation, including trees with a
trunk diameter of four (4) inches or greater and other natural ground
cover.
6. Utilities and Easements.
(a) All utilities shall be provided through underground
services.
(b) Easements for utility and drainage purposes shall be
provided within the subdivision as required by the Planning
Commission. However, in no event, shall such easement be less than
seven (7) feet in width or five (5) feet in width on the front lot
line.
7. Water Courses. The subdivider shall dedicate a right-of-way
for storm drainage conforming substantially with the lines of any
natural water course or channel, stream, creek or flood plain that
enters or traverses the subdivision.
8. Block Design.
(a) Blocks shall normally have sufficient width for an
ultimate layout of two tiers of lots of the size required by the
provisions of the zoning and subdivision ordinances of Salt Lake City.
77
(b) However, blocks shall not exeed fifteen hundred (1,500)
feet in length. In any block, over nine hundred (900) feet in length,
there shall be a crosswalk or pedestrian way as required by the
Planning Commission.
9. Neighborhood Facilities.
(a) The subdivider shall reserve sites, appropriate in area
and location, for necessary and desirable residential facilities, such
as schools, parks and playgrounds. Such sites shall be located in
accordance with the principles and standards contained herein or
expressed in Salt Lake City master plan or any community master plan.
(b) The delimiting of service areas to determine the need for
residential facilities at the district or community level shall be
based on the Salt Lake City master plan or any community master plan.
When a planning neighborbood is used it will provide the basis for
estimating the number of families to be served by facilities at the
local level. A planning neighborhood insofar as possible exhibits the
following characteristics:
(1) It is bounded, rather than bisected, by major
thoroughfares or other substantial land use, or natural barriers to
pedestrian traffic.
(2) It is usually not over a mile in width in any
direction.
(3) It contains a minimum of five hundred (500) families.
(c) The following principles and standards are intended to
serve as a guide in determining the residential facilities within the
planning neighborhood for which sites normally will be required. The
School Board shall be notified of all proposed facilities.
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(1) An elementary school site of approximately ten (10)
acres will be required for each six hundred (600) families in the
neighborhood. Such school site shall be central to the population to
be served and shall not front on an arterial street.
(2) Such school site shall be reserved for public
purchase for two (2) years at a price not to exceed the acreage value
of the raw land in the subdivision, except for a depth along the
street forming principle frontage for the site of one tier of lots
which may be priced not to exceed the value of said tier of lots.
(3) Whenever possible, playground and neighborhood
recreation areas shall be developed in conjunction with elementary
school sites. Such a site, if required in a subdivision, shall not
normally be less than five (5) acres in area for a service orientation
of six hundred (600) families or less, and such sites shall specifi-
cally include areas with natural advantages for park development. It
shall be reserved, made available for purchase and priced in
accordance with (2) above.
(4) Where wooded ravines and/or natural waterways are
included within the boundaries of subdivision, such ravines shall be
reserved for public use, including recreation and the disposal of
storm waters. These purposes may be accomplished through dedication
and/or storm drainage, scenic or open space easements.
10. Reservation of Land for Park and Recreation Purposes.
(a) Pursuant to the recreation or park elements, plans or
standards set forth in the Master Plan or community master plan, as a
condition of final subdivision approval the subdivider shall be
19
required to reserve land for park and recreation purposes according to
the following standards:
(1) for subdivision of one hundred (100) lots or more,
including contiguous land owned or controlled by subdivider or
landowner, the subdivider shall reserve land for two (2) years for
public purchase at the rate of not less than one and one-half (1 1/2)
acres of land per one hundred (100) lots in the subdivision or five
(5) percent of the total area in the subdivision, whichever is
greater.
(2) For subdivisions containing between fifty (50) and
one hundred (100) lots, the subdivider shall reserve land as deemed
desirable by the Planning Commission.
(3) For proposed multi-family developments, the number of
dwelling units proposed shall be considered as the number of lots for
the requirements specified in this section, or if no particular number
of dwelling units is proposed the requirements shall be based on the
number of dwelling units per acre permitted in the zoning regulations
which apply to the land to be subdivided.
(4) All land to be reserved for park or recreational
purposes shall be found to be suitable by the Planning Commission and
the Parks Department as to location, parcel size and topography for
the park and recreation purposes for which it is indicated in the Salt
Lake Master Plan or any community master plan or as determined by the
Planning Commission. Such purposes may include active recreation
facilities such as playgrounds, playfields, pedestrian or bicycle
paths or open space areas of particular natural beauty, including
canyons, hilltops and wooded areas to be developed or left in their
natural state.
20
(5) Land to be reserved may include all of the proposed
park or recreational facility, or may include only part of a facility.
Such partial reservation may be supplemented by additional land on
adjoining property not owned or controlled by the subdivider.
(b) At the time of approval of the final subdivision plat,
the City may specify when development of a park or recreation facility
is scheduled to begin.
(c) The provisions of this section shall not normally apply
to commercial or industrial subdivisions. However, the Planning
Commission may require as a condition of approval, that a commercial
or industrial subdivider dedicate that portion of a stream bed or
drainage channel falling within an industrial subdivision when such
portion forms part of an open space network designated in the master
plan or a community master plan as an alternative to the normally
required easements.
SECTION 47-3-2. LOT DESIGN STANDARDS. The size, shape and
orientation of lots in a subdivision shall be appropriate to the
location of the proposed subdivision and to the type of development
contemplated. The following principles and standards shall be
observed:
1. Minimum Area - Size.
The minimum area and dimensions of all lots shall conform to
the requirements of the zoning ordinances of Salt Lake City for the
district in which the subdivision is located, but in no case, will any
lot consist of less than six thousand (6,000) square feet of area.
However, in subdivisions where proposed lots have an average slope of
21
10 percent or greater, the minimum lot area for said lots shall be
increased if necessary in order to meet the following lot grading
criteria:
(a) Each individual lot shall be of dimensions to accommodate
a Level Building Site as defined in Section 47-2-7 with minimum
dimensions of forty (40) feet by thirty (30) feet that does not
encroach upon the minimum front yard, rear yard and sideyards required
by the zoning ordinance.
(b) The Buildable Area shall not include any of the required
yard areas.
(c) A transition slope area of varying dimensions shall be
provided within the Buildable Area from the grade of the Level
Building Site to the grade of the natural or engineered finished grade
of the required yard areas. Said transition slope area shall be at a
slope no greater than the maximum slope which the soil will support as
certified by the soils and geologic report.
(d) Slopes of required yard areas may only be altered as
provided in Title 51. However, the front yard natural or engineered
slope may be altered to the extent necessary to provide vehicle access
at a maximum of 16 percent slope from the property line.
(e) The developer shall submit to the Planning Commission a
lot size calculation map showing in sufficient detail all necessary
information to justify all lot boundaries, and shall be signed and
certified by a licensed civil engineer or land surveyor.
2. Side lot lines. The sidelines of all lots, so far as
possible, shall be designed to be at right angles to the street which
the lot faces, or approximately radial to the center of curvatures, if
22
such street is curved. Sidelines of lots shall be designed to be
approximately radial to the center of curvature of a cul-de-sac on
which the lot faces.
3. Width. No lot shall have a width less than fifty (50) feet
at the front building setback line, or thirty (30) feet at the curb
line. Additionally, said width must accommodate proposed Level
Building Site and required yard areas. Lots with Average Slopes of
fifteen (15) percent or greater shall have a minimum width of one
hundred (100) feet at the front building setback line or sixty (60)
feet at the curb line.
4. Corner Lots. Corner lots have more than one side which must
maintain required front yard setbacks, and therefore shall be platted
wider than interior lots in order to permit conformance with the
required street setback requirements of the zoning ordinance.
5. Depth. No lot shall have a depth of less than one hundred
(100) feet, unless the area conforms with the zoning ordinances of
Salt Lake City and a lesser depth is specifically approved by the
Planning Commission.
6. Corporate Boundaries. No lot shall be divided by a corporate
boundary line. Each such boundary line shall be made a lot line.
7. Remnants. No remnants of property shall be left in the
subdivision which do not conform to lot requirements or are not
required or more suitable for designation as common open space,
private utility or public purpose.
8. Lot Numbers. Lot numbers shall begin with the number "1" and
shall continue consecutively through the subdivision plat, with no
omissions or duplications; no block designations shall be used.
23
9. Double Frontage Lots. Lots other than corner lots, having
double frontage shall not be approved except where necessitated by
topographic or other unusual conditions. The width of each block
shall be sufficient for an ultimate layout of two tiers of lots of a
size required by the provisions of this ordinance unless the general
layout of the vicinity, lines of ownership,
topographical conditions or locations of arterial streets or freeways
justify or make necessary a variation from this requirement.
10. Flag Lots. Flag lots generally shall not be permitted. In
the event the Planning Commission finds that due to unusual
topographic conditions, direct lot frontage on a street is precluded,
the Planning Commission may recommend waiver of the minimum width
requirement on an individual lot basis. In such case the access strip
shall be not less than twenty (20) feet in width and shall not exceed
the depth of adjoining lots. In calculating the lot area of a flag
lot, the square footage included in the access strip shall not be
counted.
11. Developable Area Limitation. The Planning Commission shall
review each lot and may determine that certain areas within a proposed
subdivision cannot be built upon, fenced and/or landscaped more
extensively than its natural state. The Planning Commission shall
require all such undevelopable portions of proposed lots or any other
special conditions of said lots to be identified by shading and
notation upon the final plat. Such limitation shall also be made a
part of the subdivision restrictive covenants. This provision may be
invoked to protect, among other things, natural slopes or vegetation,
special natural topographic features, faults, or visual factors.
24
SECTION 47-3-3. STREET DESIGN STANDARDS. The following minimum
standards and design criteria shall apply unless deemed unwarranted by
written recommendation of the City Engineer and the Traffic Engineer.
Said standards and criteria shall be supplemented by other applicable
existing engineering and construction requirements and standards as
specified by City Engineer.
I. General.
(a) The subdivision design shall conform to the pattern of
major streets as designated in the Salt Lake City master plan, and
where applicable, any community master plan, and to any official
street map right-of-way approved by the City Council. Whenever a
subdivision fronts on a street so designated, that street shall be
platted and dedicated by the subdivider in the location and width so
indicated.
(b) Where higher standards have not been established as
specified in subsection (1) of this section, all streets and arterials
shall be platted according to the following minimum widths, except
where it can be shown by the subdivider, to the satisfaction of the
Planning Commission, that the topography or the small number of lots
served and the probable future traffic development are such as to
unquestionably justify a lesser standard.
A community master plan or planned unit development, if
designated with a comprehensive circulation and parking system
including separate pedestrian ways, may justify modification of
standards. Higher standards may be required where streets are to
serve commercial or industrial property or where warranted by probable
traffic conditions.
25
Type of Street Right-Of-Way(ft) Pavement (ft)*
Major Street As shown in Salt
Lake City Master plan
Industrial Street 60 44
Business streets,
Residential Collector
Streets or One Access 50 40
Street
Local Street where zoned 50 36
for Multi-Family
Local Streets where zoned 50 30
for Single-Family
Frontage Road 40 24
(developed one side only)
Private streets As determined by Planning
and alleys Commission
*Pavement width is from face to face of curbing
26
(c) The street pattern in the subdivision shall be in general
conformity with a plan for the most advantageous development of
adjoining areas and the entire neighborhood or district. The
following principles shall be observed:
(1) Where appropriate to the design and terrain, proposed
streets shall be continuous and in alignment with existing planned or
platted streets, or if offset, streets shall be offset a minimum of
one hundred (100) feet between center lines of intersecting
residential streets and a minimum of four hundred (400) feet between
center lines of intersecting major streets.
(2) Proposed streets shall be extended to the boundary
lines of the land to be subdivided or proposed as part of a
subdivision master plan, unless prevented by topography or other
physical conditions, or unless, in the opinion of the Planning
Commission, such extension is not desirable for the coordination of
the subdivision with the existing layout or the most advantageous
future development of adjacent tracts.
(3) Where streets extend to the boundary of the property,
resulting dead end streets may be approved with a temporary
turn-around of a minimum forty (40) foot radius. In all other cases,
a permanent turn-around shall conform to specifications in paragraph
(j) below or have a design otherwise approved by the Traffic
Engineer.
(4) Proposed streets shall intersect one another as
nearly at right angles as topography and other limiting factors of
good design permit. "T" intersections rather than "cross"
intersections shall be used wherever possible for local streets.
27
(5) Straight local residential streets, conducive to high
speed traffic, longer than the standard six hundred sixty (660) foot
block, shall be prohibited unless approved by the Planning Commission.
(6) Alleys shall not normally be permitted in residential
subdivisions, but may be permitted in non-residential subdivision.
(d) Subdivisions adjacent to arterials shall be designed as
specified in the Salt Lake City master plan, or a community master
plan, or by the Planning Commission. The following principles and
standards shall be observed.
(1) Street design shall have the purpose of making
adjacent lots, if for residential use, desirable for such use by
cushioning the impact of heavy traffic and of minimizing the
interference with traffic on arterials.
(2) The number of intersecting streets along arterials
shall be held to a minimum.
(3) Frontage roads, if required or existing, shall
conform to the standards specified in the subsection titled, "Minimum
Standards" and shall be separated from the arterial or freeway by a
strip of permanent landscaping not less than ten (10) feet in width.
A landscaping plan for the strip shall be sumbitted for approval.
Frontage roads shall enter arterials by means of intersections
designed with turning and stacking capacity adequate for the traffic
volume as estimated by the Traffic Engineer.
(4) Where frontage roads are not required, residential
lots adjacent to an arterial shall be served by:
(a) A minor residential street paralleling said arterial at a
generous lot depth therefrom. The minor residential street shall be
28
separated from the arterial by a strip of permanent landscaping
parallel to the arterial right-of-way not less than ten (10) feet in
width. Greater widths may be appropriate and required by the Traffic
Engineer; or
(b) A series of cul-de-sac or loop streets extending towards
said arterial from a collector street not more than five hundred (500)
feet therefrom. In such cases, a wall or fence with masonry pillars
of a design approved by the Planning Director may be required at the
rear of properties adjacent to the arterials.
(5) When the rear of any lot borders an arterial, the
subdivider may be required to execute and deliver to the City an
instrument, deemed sufficient by the City Attorney, prohibiting the
right of ingress and egress from said arterial to said lot, and a
legal document sufficient to guarantee maintenance of said
landscaping.
(e) Grades, curves and sight distances shall be subject to
approval by the City Engineer, to insure proper drainage and safety
for vehicles and pedestrians. The following principles and minimum
standard shall be observed.
(1) Grades of streets shall be not less than five-tenths
(0.5) percent and not greater than twelve (12) percent. However, a
short run of not more than two hundred (200) feet of up to fourteen
(14) percent may be allowed by the Planning Commission, upon the
favorable recommendation of the Traffic Engineer and the City
Engineer. Grades shall be controlled at center line, curb and gutter
line, and sidewalk line.
(2) At street intersections, the lot line at each corner
shall be rounded with a curve havingga radius of not less than ten
(10) feet. A greater curve radius may be required if streets
intersect at other than right angles, or in particular cases at
intersections with arterials.
(f) Vertical Curves at non-intersecting curves and crests.
Transition curves over crests of hills shall be designed to provide
both a smooth transition from upward to downward movement to minimize
potential roller-coaster effect and to provide safe stopping sight
distance at all times. The stopping sight distance is the distance
required to safely stop a vehicle after viewing an object, calculated
upon a formula set forth in standards adopted by the Traffic Engineer.
The height of the eye shall be set at 3.75 feet and the height of the
object at .5 feet above the surface of the road. Local streets shall
be designed for a 30 mph minimum design speed providing for a minimum
K value for stopping sight distance for crest curves of 28 and 35 for
sag curves. Collector streets shall be designed for 40 mph minimum
design speed with a minimum K value for stopping sight distance for
both crest curves and sag curves of 55.
(g) Vertical curves and approaches at intersections.
Transition curves shall be required to provide a smooth transition
from the road grade to intersections. For an approach distance ("A")
from each edge of the intersecting street line, the grade may not
exceed 2 percent. The minimum length of the approaches ("A") and
transition curves ("L") shall be calculated upon the formulas below.
A = The minimum approach distance required where grade may not
exceed 2 percent from the curb line of the intersecting street. Said
distance of A shall be no less than thirty-five (35) feet for
intersections
30
with local streets, and no less than one hundred (100) feet for
intersections with major or arterial streets. '
L = The minimum transition curve length required between points
of tangency ("X") where L = 10(a), (ar being the difference between
the grades of the road less the grade of A.
2% Maximum Grade
Approach Distance 2% Maximum Grade
Approach Distance
f1 X
// X
('L�--��Hi_ Xrx
Road Grade
Z2% MaximumIntersecting
L* A** Street L*
1:14
*Minimum L = 10a = 10(12-2) = 100
**100' minimum on approach to a major or
arterial street Road Grade
12% Maximum
(h) Intersection Sight Distance. Intersections shall be
planned and located to provide as much sight distance as possible. In
achieving a safe road design, as a minimum, there shall be sufficient
corner sight distance for the driver on the approach roadway to cross
the intersecting street without requiring approaching traffic to
reduce speed. Such corner sight distance or "CSD" is a field of
vision which shall be measured from a point on the approach roadway at
least 15 feet from the edge of the intersecting roadway pavement at a
height of eye at 3.75 feet on the approach roadway. The minimum
corner sight distance for local streets (30 mph design speed) shall be
300 feet. For collector streets (40 mph design speed) the minimum
corner sight distance shall be 400 feet.
(i) Horizontal Alignment. In addition to the specific street
31
design standards set forth above, horizontal alignment shall be
subject to the following criteria:
(1 ) Consistent with topography, alignments shall be as
straight as possible.
(2) Maximum curvatures shall be avoided whenever
possible.
(3) Consistent patterns of alignment shall be sought.
Sharp curves at the end of long tangents or at the end of long flat
curves shall be avoided.
(4) Short lengths of curves shall be avoided even for
very small deflection angles.
(5) Flat curvatures shall be provided on long fills.
(6) Compound circular curves with large differences in
radii shall be avoided.
(7) Direct reverse curves shall be avoided; a tangent
length shall be used between them.
(8) "Broken-back Curves" (two curves in the same
direction on either side of a short tangent or large radius curve)
shall be avoided.
(9) To affectuate the above general criteria, the minimum
curve centerline radii for local streets (using a 30 mph design speed)
and for collector street (using a 40 mph design speed), shall be 150
feet and 300 feet respectively. The maximum allowable degree of
curvature shall be 23 degrees for local streets and 12.5 degrees for
collector streets.
32
(j) Turn-Around. Cul-de-sacs in residential areas should be
no longer than 400 feet (measured from centerline of intersecting
street to radius point of turn around) and shall have a minimum of 42
feet curb radius and fifty (50) feet property line radius. Cul-de-
sacs in commercial or industrial areas should be no longer than 650
feet and should have a minimum of a 60 foot curb radius. and 70 foot
property line radius. Other cul-de-sac lengths or turn around
configurations may be approved by the Traffic Engineer upon his
favorable recommendation that the alternative provides equal or better
convenience, access and service.
(k) Street Lighting. Street lighting provides for the
safety, security and convenience of the public. It is less expensive
to install and provides less disruption if it is installed during the
construction of the subdivision. Therefore, all new subdivisions
shall be required to install all street lighting systems during
construction as part of the bonded subdivision public improvements.
The system shall be underground in conduit. Ornamental poles shall be
used in all subdivisions. The design of the entire system including
conduit, wiring, pole locations and type, and fixture size and type
shall be submitted on subdivision plan sheets. Lighting shall meet
the Traffic Engineer's minimum recommended standards for the type of
subdivision planned. As a minimum, lighting shall be placed at
mid-block and at each intersection on local streets. The Traffic
Engineer shall approve street lighting plans.
(1) Driveways. Driveways leaving a public right-of-way
should not exceed a maximum slope of 8 percent from gutter to property
line. The slope should be transitioned beyond property line no more
33
than a maximum of 16 percent. ° Maximum sight distance should be
encouraged with blind entrances or other sight obstructions
disallowed.
(m) The following principles and standards shall apply to the
design and installation of curbs, gutters, sidewalks and pedestrian
ways:
(1 ) Vertical curbs and gutters as shown on Salt Lake
City's standard detail drawings shall be required in all subdivisions
except for the exceptions specified below.
(2) Sidewalks shall be required on both sides of the
street in any subdivision.
(3) The Planning Commission may recommend that sidewalks
be omitted in a subdivision, planned community or planned unit
development having an internal pedestrian system, provided that the
Planning Commission shall find that the public safety is not
jeopardized by such omission.
(4) When required for access to schools, playgrounds,
shopping centers, transportation facilities, other community
facilities or for unusually long blocks, the subdivider shall provide,
construct and maintain pedestrian ways not less than twenty (20) feet
in width, provided with fencing, landscaping and a pavement not less
than ten (10) feet in width. Provision for maintenance shall be
satisfactory to the Planning Commission.
(5) Sidewalks shall normally be located within the
street right-of-way as shown on the Salt Lake City's standard detail
drawings.
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(6) For lots and public strips containing trees with a
trunk diameter of four (4) inches or greater, curb cuts for driveways
shall be so located as to ensure the preservation of such trees.
(n) Where subdivision streets create frontage for contiguous
property owned by others, the subdivider may, upon approval of the
Planning Commission, create a protection strip lot not less than one
(1) foot in width between said street and adjacent property, to be
deeded into joint ownership between the City and subdivider. Such a
lot requires an agreement from the subdivider contracting to deed to
the owners of the contiguous property the one (1) foot or larger
protection strip lot for a consideration named in the agreement (such
consideration to be not more than the cost of street improvements
properly charged to the contiguous property as determined by the City
Engineer in his estimate of cost of improvements for the subdivision.)
One copy of this agreement shall be submitted as approved by the
City Attorney to the Planning Commission prior to the approval of the
final plat. Jointly owned protection strip lots shall not be
permitted at the end of or within the boundaries of a public street or
proposed street or within an area or abutting an area intended for
future public use.
(o) Whenever a proposed subdivision has a street which
terminates or abuts against private property of an individual other
than the subdivider, a strip of land at least one (1) foot wide across
the entire end of the proposed street must be platted as a lot and
said lot shall be deeded to Salt Lake City for future street purposes.
The deed, approved by the City Attorney, must be sumbitted prior to
final approval.
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(p) Traffic Report. New subdivisions have traffic impacts on
existing street systems that may or may not be adverse in nature. The
City may require the developer and/or subdivider to provide a detailed
traffic engineering report of the effect and impacts of the proposed
development. This report shall detail the expected number of trips to
be generated, the type of vehicles expected and the times of day that
the most severe impact can be expected. It shall also detail the
effect on street capacity by the development, as well as nearby
intersections that will be impacted by the development's traffic as
may be designated by the Traffic Engineer.
SECTION 47-3-4. GRADING AND EROSION CONTROL DESIGN STANDARDS AND
REGULATIONS. All subdivision improvement work shall be accomplished
in conformance to the following grading and erosion control design
standards and regulations:
1. Hours of Operation. All grading operations in or contiguous
to residential neighborhoods shall be carried on between the hours of
7:00 a.m. to 5:30 p.m. The City Engineer may waive this requirement
if it is shown that by restricting the hours of operation it would
unduly interfere with the development of the property and it is shown
that the neighboring properties would not be adversely affected.
2. Dust and Dirt Control. All graded surfaces of any nature
shall be dampened or suitably contained to prevent dust or spillage on
City streets or adjacent properties. Equipment, materials and
roadways on the site shall be used or treated so as to cause the least
possible annoyance due to dirt, mud, or dust conditions.
3. Undevelopable Slopes. Any natural slopes identified on a
Slope Classification Map of forty (40) percent or greater shall be
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designated undevelopable area. Said slope, if retained within the
subdivision shall be designated and maintained as common area. In no
event shall streets traverse such slopes.
4. Finished Cuts and Slopes. Limitations shall be applied to
the extent of cut and fill slopes to minimize the amount of excavated
surface or ground area exposed to potential erosion or settlement.
(a) The exposed or finished cuts or slopes of any fill or
excavation shall be smoothly graded.
(b) All cut and fill slopes shall be recontoured and
revegetated by the subdivider in accordance with an approved plan.
(c) Cut or fill slopes shall normally be limited to fifteen
(15) feet in vertical height. However, upon review and favorable
recommendation of the City Engineer, the Planning Commission may
recommend that the Mayor approve cut or fill slopes exceeding fifteen
(15) feet provided that such variations be allowed on a limited basis
after thorough review of each request, and only when balanced by
offsetting improvements to the overall aesthetic, environmental and
engineering quality of the development.
(d) No excavation creating a cut face and no fill creating an
exposed surface shall have a slope ratio exceeding one and one-half
horizontal to one vertical.
EXCEPTION:
(1) No slopes shall cut steeper than the bedding plane,
fracture, fault or joint in any formation where the cut slope will lie
on the dip of the strike line of the fracture, bedding plane, fault or
joint.
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(2) No slopes shall be cut in an existing landslide, mud
flow or other form of naturally unstable slope except as recommended
by a qualified geological engineer.
(3) Where the formation is exposed above the top of the
cut which will permit the entry of water along bedding planes, this
area shall be sealed with a compacted soil blanket having a minimum
thickness of two feet. The soil for this blanket shall be relatively
impervious and shall be approved by the soils engineer or engineering
geologist.
(4) If the material of a slope is of such composition and
character as to be unstable under the anticipated maximum moisture
contents, the slope angle shall be reduced to a stable value or
retained by a method approved by the City Engineer, and certified as
to its stability by the soils engineer or geologist. Said retaining
method shall include design provisions which are:
(i) Conducive to revegetation for soil stability and
visual impact.
(ii) Used for selected areas of the site and not as a
general application.
(iii) Limited to tiers each of which is no higher than
six (6) feet, separated by plantable terraces a minimum of two feet in
width.
(iv) Any retaining system shall remain and be
maintained on the lots until plans for construction are approved and a
building permit is issued. The plans shall include provisions to
integrate driveway access to the lot, while maintaining the structural
integrity of the retaining system.
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(e) The City Engineer may require the slope of a cut or fill
be made more level if at any time it is found that the material being
cut or the fill is unusually subject to erosion, static or dynamic
instability or if other conditions make such requirements necessary
for stability.
5. Abatement of Hazardous Conditions.
(a) If, at any stage of grading, the Planning Director or
City Engineer determines by inspection that the nature of the
formation is such that further work as authorized by an existing
permit is likely to imperil any property, public way, watercourse or
drainage structure, the Planning Director or City Engineer shall
require, as a condition to allowing the work to proceed, that
reasonable safety precautions be taken as are considered advisable to
avoid likelihood of such peril. Such precautions may include, but
shall not be limited to any of the following: specification of a more
level exposed slope: construction of additional drainage facilities,
berms, or terraces; compaction or cribbing; installation of plant
materials for erosion control; and reports of a registered soils
engineer and/or of an engineering geologist whose recommendations may
be made requirements for further work. Such a requirement by the
Planning Director or City Engineer shall constitute a required change
order in the work to be performed under permit. Said changes may be
required to be reflected in amended plans.
(b) Where it appears that damage from storm drainage may
result from work performed hereunder, such work may be stopped and the
permittee required to take such measures as may be necessary to
protect adjoining property or the public safety. On large operations
or where unusual site conditions exist, the Planning Director or City
39
Engineer may specify the time at which grading may proceed and the
time of completion or may require that the operation be conducted in
specific stages so as to insure completion of protective measures or
devices prior to the advent of seasonal rains.
6. Fill Material and Compaction.
(a) Fill Material. All fill shall be earth, rock or other
inert materials free from organic material and free of metal, except
that topsoil spread on cut and fill surfaces may incorporate humus for
desirable moisture retention properties. Fill not meeting the
definition above shall be placed only on approved public or private
landfills or other approved deposit sites.
(b) Back Fillings. Any pipe trench or trenching, or
excavation made in any slope of any excavated or filled site, shall be
backfilled and compacted to the level of the surrounding grade.
(c) Compaction of Fills. Unless otherwise directed by the
City Engineer, all fills governed by this ordinance, intended to
support buildings, structures, or where otherwise required to be
compacted for stability, shall be compacted, inspected and tested in
accordance with the following provisions.
(1) The natural ground surface shall be prepared by
removal of topsoil and vegetation, and, if necessary, shall be graded
to a series of terraces. If fi11 material unacceptable under (a)
above is placed on site or the fill is not placed according to
procedures of this Title then it must be removed.
(2) The fill shall be spread and compacted in accordance
with the City Engineer's approved standards.
(3) The moisture content of the fill material shall be
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controlled at the time of spreading and compaction to obtain required
maximum density.
(4) A written report of the completed compaction, showing
location and depth of test holes, materials used, moisture conditions,
recommended soil bearing pressures, and relative density obtained from
all tests, prepared by a Civil Engineer or Soils Engineer licensed by
the State of Utah or Testing Laboratory shall be submitted to the City
Engineer for review.
(5) The City engineer may require additional tests or
information, if, in his opinion, the conditions or materials are such
that additional information is necessary, and may modify or delete any
of the above listed requirements that, in his opinion, are unnecessary
to further the purpose of this Title.
7. Erosion Control and Revegetation. All cut and fill surfaces
created by grading shall be planted with a ground cover that is of a
drought resistant variety. Topsoils are to be stockpiled during rough
grading and used on cut and fill slopes. Cuts and fills along public
roads are required to be landscaped according to an approved plan, as
outlined in Section 47-3-5(4). All plant materials must be approved
by the Parks Department and Planning Commission and Planning Director
prior to subdivision approval.
8. Drainage.
(a) Adequate provisions shall be made to prevent any surface
waters from damaging the cut face of an excavation or any portion of a
fill. All drainage ways and structures shall carry surface waters
without producing erosion to the nearest practical street, storm drain
or natural water course approved by the City Engineer. The City
Engineer may also require drainage structures to be constructed, or
41
installed as necessary to prevent erosion damage or to prevent
saturation of the fill or material behind cut slopes.
(b) An excess storm water passage shall be provided for all
storm water storage areas. Such passage shall have capacity to convey
through the proposed development the excess storm water from the
tributary watershed. The capacity of such excess storm water passages
shall be constructed in such a manner as to transport the peak rate of
run-off from a 100 year return frequency storm assuming all storm
sewers are inoperative, all upstream areas are fully developed in
accordance with the City's current land use plan, and that antecedent
rain fall has saturated the tributary watershed.
(c) No buildings or structures shall be constructed within
such passage, however, streets, parking lots, playgrounds, park areas,
pedestrian walkways, utility easements and other open space uses shall
be considered compatible uses. In the event such passageway is
reshaped or its capacity to transport excess storm water is otherwise
restricted during or after construction, the City Engineer shall
notify the agency, party or parties causing said restriction to remove
the same, and set a reasonable time for its removal. If said parties
refuse to or are unable to comply with said order, the City Engineer
shall cause said restrictions to be removed at the expense of said
parties. Where a proposed development contains existing natural
drainage, appropriate planning measures shall be undertaken or
required to preserve and maintain said natural drainage as part of the
excess storm water passage.
(d) Notwithstanding any other provisions of this Title
whenever in the judgment of the City Engineer a condition occurs in a
storm water storage area or passageway that creates a dangerous and
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imminent health and safety hazard, the City Engineer shall order such
action as shall be effective immediately or in the time and manner
prescribed in the order itself.
9. Additional Information.
The following additional information may be required to be
submitted, in sufficient numbers of copies as is determined by the
Planning staff, at the discretion of the Planning Director or City
Engineer.
(a) Slope Classification Map and analysis.
(b) Profiles or cross-sections.
(c) Additional drainage calculations.
(d) Soils data including a report from a registered soils
engineer, engineering geologist, or other qualified person.
(e) Statement of the estimated starting and completion dates
for the grading work proposed and any revegetation work that may be
required.
(f) Detailed revegetation plans for the site, and if
appropriate, information relating to the landscaping on adjacent or
surrounding areas affected by the proposed development. Such
landscape plans shall be prepared by a licensed engineer, architect,
landscape architect, or other qualified person. These plans shall
show:
(1) Distribution of plant material, existing trees and
work involved as related to slope control and/or physical
environment.
(2) A plan describing the methods of planting the areas
to be landscaped with special emphasis on: (i) soil preparation, plant
material and methods of planting; and (ii) initial maintenance of the
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plant material and slopes until a specified percentage of plant
coverage is established uniformly on the cut and fill slopes.
(3) Such other and further details as may be specified
and required by the Planning Director to carry out the purposes of
this Title. All such plans shall bear the name of the person
responsible for the preparation of the plan.
(4) The revegetation plan will be submitted by the
Planning Director to the Salt Lake City Parks Department's landscape
architect for review.
(g) The present contours of the site in dashed lines and the
proposed contours in solid lines. Contour intervals shall be not more
than two (2) feet where slopes are predominately five (5) percent or
less, and five (5) feet where slopes are predominately steeper than
five (5) percent.
(h) The location of all drainage to, from and across the
site, the location of intermittent and permanent streams, springs and
culverts and other drainage structures, and size and location of any
precipitation catchment area in, above or within one hundred (100)
feet of the site.
(i) Detailed plans and locations of all surface and
subsurface drainage devices, walls, dams, sediment basins, storage
reservoirs and other protective devices to be constructed with or as a
part of the proposed work together with a map showing drainage areas,
and the complete drainage network including outfall lines and natural
drainageways which may be affected by the proposed project. Include
the estimated runoff of the areas served by the proposed drainage
system.
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(j) Whenever a proposed subdivision lies within 500 feet of
an identified fault, a geological report and verification as per
Section 47-3-5(2) will be required. These reports will be submitted
for review to the Utah Geological and Mineral Survey by the Planning
Director.
(k) Plan showing temporary erosion control measures to
prevent erosion during the course of construction and a revegetation
plan addressing the requirements of Section 47-3-5(3) and (4).
(1) A description of the method to be employed in disposing
of soil and other material that is removed from the site, including
the location of the disposal site.
(m) A descripton of the method to be used in obtaining fill
to be used on the site and the site of acquisition of such fill.
(n) Such other information as shall be required by the
Planning Director.
SECTION 47-3-5. FOOTHILL DEVELOPMENT OVERLAY ZONE SPECIAL
REGULATIONS. The following reports and regulations will be required
for the approval of any subdivision request located within a zoning
area designated as the "Foothill Development Overlay Zone" ("F-1").
1. Soils Reports.
(a) The U.S.D.A. Soil Conservation Service publication, Soil
Survey of Salt Lake City Area, Utah (April 1974) and Soil Survey and
Interpretation, Summit Soil Survey Area, Wasatch Mountain Portion,
Salt Lake County, Utah (June 1975), are hereby adopted as the official
soil maps and interpretations for soils in Salt Lake City.
(b) The surveys adopted in Section (1) above, are to be used
45
as a guide to land use planning for those items covered in the survey
in Salt Lake City and are not intended to replace on-site soil
investigations.
(c) The Planning Commission shall require a soil investiga-
tion report if the Salt Lake County 208 Water Quality Soils Map
andinterpretation shows soils in the area proposed for development
which present one or more constraints to development as defined on
said map. Such soils report shall be prepared by a person or firm
qualified by training and experience to have knowledge of the subject
and must contain at least the following information:
(1) Slope Classification Map and analysis;
(2) Estimate of the normal highest elevation of the
seasonal high watertable;
(3) The location and size of swamps, springs, and seeps
shall be shown on the site plan and an investigation made to determine
the reasons for occurence of these underground water sources. An
analysis of the vegetation cover or other surface information may be
used to show the presence of the underground water;
(4) Unified soil classification for the major horizons
(layers of soil profile) or of the zone of the footing foundation
including, where appropriate, the Plasticity Index (PI) and Liquid
Limit (LL);
(5) Shrink Swell Potential. Said potential and its
characteristics shall be determined and classified according to the
tests prescribed in Section 2904(a) of the [Adopted] Uniform Building
Code and related references;
(6) Potential frost action based on the depth to
watertable and the unified soils classification;
46
(7) The soil, suitabilities, constraints and proposed
methods of mitigating said constraints in implementing the proposed
development plan;
(8) A verified writen statement by the person or firm
preparing the soils report identifying the soil constraints to
development and further stating in his professional opinion, the
ability of the proposed development plan to mitigate and/or eliminate
said constraints in a manner as to prevent hazard to life, hazard to
property, adverse affects on the safety, use or stability of a public
way or drainage channel and adverse impact on the natural environment.
2. Geology Reports
(a) A geology report shall be prepared by a person or firm
qualified by training and experience to have knowledge of the subject.
Since the nature and distribution of earth materials, faults, folds,
slide masses, or other significant features cannot be described fully
and effectively in words alone, a geologic map shall accompany the
report.
Mapping should reflect careful attention to the rock composition,
structural elements, surface, and subsurface distribution of the earth
materials exposed or inferred features and/or relationships.
(b) It should be understood that Salt Lake City is in Seismic
Zone Three, such zone having the highest probability of earthquake
damage. Therefore, the report shall contain at least the following
information:
(1) Location and size of subject area and its general
setting with respect to major geographic and/or geologic features;
(2) Identification of the person who did the geologic
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mapping upon which the report is based and the dates when the mapping
was done;
(3) Existing topography and drainage in the subject area;
(4) Abundance, distribution and general nature of
exposures of earth materials within the area;
(5) Nature and source of available subsurface
information;
(6) Estimated depth of bedrock;
(7) Bedrock - igneous, sedimentary, metamorphic types;
(8) Structural features - including, but not limited to,
stratification, stability, folds, zones of contortion or crushing,
joints, fractures, shear zones, faults, and any other geological
limitations;
(c) A verified written statement by the person or firm
preparing the geology report identifying any geological problems to
development and further stating in his professional opinion, the
ability of the proposed development plan to mitigate and/or eliminate
said problems in a manner as to prevent hazard to life, hazard to
property, adverse affects on the safety, use, or stability of a public
way or drainage channel, and adverse impact on the natural
environment.
3. Grading and Drainage Plan.
(a) A grading and drainage plan prepared by a professional
engineer registered in the State of Utah shall be submitted with each
application. The plan must be sufficient to determine the erosion
control measures necessary to prevent soil loss during construction as
well as after project completion.
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(b) The plan shall include, as a minimum, the following
information:
(1) Map of the entire site showing existing details and
contours of the property using, at a maximum, ten foot contour
intervals and a scale of 1" = 100'.
(2) Supplemental map(s) of area(s) to be graded showing
existing details and contours at five foot intervals where terrain
will not be modified and proposed details and contours of two foot
intervals where terrain modification is proposed, using a scale of
1" = 20'.
(3) An investigation of the effects of high intensity
rain storm (100 year return frequency storm according to U.S.
Department of Commerce Weather Bureau Frequency Curves) evaluating how
the proposed drainage system will handle the predicted flows. Include
the effect of drainage areas outside the development which drain
through the subject area and the anticipated flow and handling of the
drainage leaving the development.
(4) History, including frequency and duration of prior
flooding.
(5) Location of any existing building or structures and
the approximate location of any proposed buildings or structures on
the area to be developed and any existing buildings or structures on
land of adjacent owners which are within 100 feet of the property or
which are on the land of adjacent owners beyond said distance but may
be affected by the proposed development.
(6) The direction of proposed drainage flow and the
approximate grade of all streets (not to be construed as the grades
used for the final street design).
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(7) Detailed plans and locations of all surface and
subsurface drainage devices, walls, dams, sediment basins, storage
reservoirs and other protective devices to be constructed with or as a
part of the proposed work, together with a map showing drainage areas,
and the complete drainage network including outfall lines and natural
drainageways which may be affected by the proposed project. Include
the estimated runoff of the areas served by the proposed drainage
system.
(8) A description of the method to be used in obtaining
fill to be used on the site and the site of acquisition of such fill.
(9) A description of methods to be employed in disposing
of soil and other materials to be removed from the site, including the
location of the disposal site.
(10) Plan showing temporary erosion control measures to
prevent erosion during the course of construction.
(11) A schedule showing when each stage of the development
will be completed, including the total area of soil surface which is
to be disturbed during each stage and estimated starting and
completion dates. The schedule shall be drawn to limit the time that
soil is exposed and unprotected to the shortest possible period. In
no event shall the existing "natural" vegetation or ground cover be
destroyed, removed, or disturbed more than 15 days prior to commencing
grading for development as scheduled.
(c) A verified written statement by the person or firm
preparing the grading and drainage plan identifying any grading and
drainage problems to development and further stating in his
professional opinion, the ability of the proposed plan to mitigate
50
and/or eliminate said problems in a manner as to prevent hazard to
life, hazard to property, adverse affects on the safety, use, or
stability of a public way or drainage channel, and adverse impact on
the natural environment.
4. Vegetation Preservation and Protection Plan.
(a) Vegetation shall be removed only when absolutely
necessary, i.e., for buildings, filled areas. roads and Fuel Breaks.
Every effort shall be made to conserve topsoil which is removed during
construction for later use on areas requiring vegetation or
landscaping, i.e., cut and fill slopes.
(b) All areas of excavation (cut or fill) attendant to new
development shall be sufficiently revegetated to assure that they are
protected from erosion due to normal wind or surface water conditions.
Vegetation sufficient to stabilize the soil shall also be established
on all disturbed areas (including lots which may be subject to future
grading) as each stage of grading is completed. Disturbed areas not
contained within lot boundaries shall be protected with adapted,
fire-resistant species of perennial vegetative cover after grading
and/or subdivision improvement related construction is completed.
Such revegetation should be in place and of sufficient coverage and
maturity to assure that the required protection is existent prior to
the release of thes improvement bond. The new vegetation shall be
equivalent to or exceed the amount and erosion control characteristics
of the original vegetation cover. It should be further assured as to
duration and establishment by a minimum of a two year warranty.
(c) The property owner and subdivider shall be fully
responsible for any destruction of native vegetation proposed for
51
retention under the approved vegetation plan and shall be responsible
for the replacement of such destroyed vegetation. Said duties shall
continue from the first day of construction until the certificate of
occupancy is issued. During this time the property owner and
subdivider shall be strictly liable for its own actions and those of
its employees or subcontractors. A bond in the amount specified in
the approved vegetation plan shall be posted prior to issuing permit
to ensure completion of the vegetation plan.
(d) A vegetation plan and report shall be prepared by a
person or firm qualified by training and experience to have expert
knowledge of the subject and shall include the following:
(1) Survey of existing trees, large shrubs and ground
covers;
(2) Plan for the proposed revegetation of the site
detailing existing vegetation to be preserved, new vegetation to be
planned and any modification to existing vegetation;
(3) Plan for the preservation of existing vegetation
during construction activity;
(4) Vegetation maintenance program including initial and
continuing maintenance necessary;
(5) Determination of proposed bond necessary to insure
soil stabilization. Bond should be provided in an amount sufficient
to pay cost of grading, planting and maintenance necessary to
stabilize the soil in the event the subdivider fails to complete the
same. The bond need not cover the expense of items which would
beautify the terrain beyond its natural condition, but only work
necessary to restore the terrain to the relative stability of its
previous state.
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(e) A verified written statement by the person or firm
preparing the vegetation plan and report identifying any vegetation
problems to development and further stating in his professional
opinion, the ability of the proposed plan to mitigate and/or eliminate
said problems in a manner as to prevent hazard to life, hazard to
property, adverse affect on the safety, use or stability of a public
way or drainage channel, and adverse impact on the natural
environment.
5. Fire protection report. A fire protection report shall be
prepared to assess fire probability and potential hazards by a person
or agency qualified by training and experience. Elements of the
report should include the following:
(1) The width and approximate location of any easement
required for access of fire protection equipment;
(2) Agreements, if any, entered into by the applicant and
a fire protection entity or other government agency that could have
concerns about fire probability (State and Federal agencies);
(3) The approval of the subdivision design and fire
protection measures by the fire protection entity;
(4) A letter from the Chief of the Salt Lake City Fire
Department stating:
(i) Fire flow recommendation by insurance service
organization.
(ii) The existing fire flow capability or the fire
flow capability proposed to serve the project.
6. Access to public and private property report. A report
assuring that there is provision made for dedicated rights-of-way to
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provide access to public or private land adjacent to the area proposed
for development. These rights-of-way shall be designed and
constructed to standards acceptable to the City Engineer. No access
road will be allowed to be constructed if terrain is too steep or
unsuitable for use but the right-of-way may, nevertheless, be required
to be dedicated by the Planning Commission.
7. Notification of adjacent landowners (pubiic or private).
Owners of adjacent lands which may be impacted by the proposed
development shall be notified of a request for preliminary approval
and given an opportunity to appear before the Planning Commission
prior to final approval when it reviews the development proposal.
This process will help to ensure against future boundary and use
conflicts and to avoid "land locking" property, therefore creating a
situation beneficial to neither the public nor the private sector.
SECTION 47-3-6. FLOOD PLAIN SPECIAL REGULATIONS. In addition to
the provisions of Chapter 8 of this Title, the following special
regulations and design standards shall apply to all subdivision
development within areas identified as being within the boundaries of
the Flood Hazard Boundary Map, as defined in Section 47-8-2, Revised
Ordinances of Salt Lake City, Utah:
1. Design of Systems. All proposals for subdivision development
must provide a water supply system and sanitary sewage systems which
are designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood water.
Other on-site waste disposal systems must be located so as to avoid
impairment of them, or contamination from them, during flooding. All
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public utilities, including sewer, gas, electricty and water systems
shall be designed, located and constructed to minimize or eliminate
flood damage. All public improvements (including, but not limited to,
streets, sidewalks, curbs, gutter, etc), shall be designed and
constructed with adequate drainage systems to minimize the containment
of flood waters on adjacent properties.
2. Lot Base Flood Elevations. The preliminary and final plats
for all proposed subdivisions and other proposed areas of new
development, which are wholly or partially within the Floodplain
Hazard Area shall include base flood elevations for each lot within
the Floodplain Hazard Area.
SECTION 47-3-7. CANYON DEVELOPMENT SPECIAL REGULATIONS. In
addition to the other provisions of this Title, the following special
regulations and design standards which may be more restrictive shall
apply to all subdivision development within areas zoned Residential
Canyon "R-IC" and Business Canyon "B-3C".
1. Hydrology.
(a) All development including subdivisions, planned or
grouped developments and commercial development shall meet the
drainage and flood control regulations established by the City
Engineer.
(b) No structures, cuts, fills, significant modification of
the terrain, hardsurfacing or any activity which would cause
deterioration of the natural terrain or vegetation shall be permitted
within 100 feet of the streambank (defined as the mean highwater
line), and said area shall be designated as undevelopable area.
55
(c) Additional and undevelopable streamside areas containing
extremely severe physical conditions, such as steep slopes, may be
declared undevelopable by the Planning Commission as required by the
City Engineer to provide additional safety buffer zones.
(d) Structures intended to bridge a stream shall be of a
design which meets the standards of the City Engineer.
2. Grading (See also Section 47-3-4).
(a) All excavated material shall be removed from the site or
placed behind retaining walls or otherwise replaced, recontoured and
revegetated.
(b) All cut and fill slopes shall be recontoured and
revegetated by the subdivider in such a manner as to blend with the
natural terrain as specified in this Title.
(c) No cuts or fills with a vertical height exceeding 15 feet
shall be permitted.
(d) Not more than 5 percent of a lot or P.U.D. site shall be
left with a slope steeper than the natural grade of the ground or
steeper than 20 percent, whichever is greater.
(e) The total area of all cuts and fills other than the
enclosed floor area of the structure(s) shall not exceed 10 percent of
the Tot or PUD site.
(f) Public streets shall not traverse or disturb slopes of 30
percent or steeper.
SECTION 47-3-8. NON-RESIDENTIAL SUBDIVISION SPECIAL REGULATIONS.
The followng special regulations and design standards shall apply to
56
all nonresidential subdivision development within areas zoned for
commercial or industrial uses:
1. General Design. The street and lot layout of a
non-residential subdivision shall be appropriate to the land for which
the subdivision is proposed, and shall conform to the proposed land
use and standards established in the Salt Lake City Master Plan, any
community master plans and the ordinances of Salt Lake City.
2. Industrial and Commercial. Non-residential subdivisons shall
include industrial tracts and may include commercial tracts.
3. Principles and Standards.
In addition to the principles and standards in this Title
which are appropriate to the planning of all subdivisions, the
subdivider shall demonstrate to the satisfaction of the Planning
Commission that the street, parcel and block patterns proposed are
specifically adapted to the uses anticipated and take into account
other uses in the vicinity. The following principles and standards
shall be observed:
(a) Proposed industrial parcels shall be suitable in area and
dimensions to the types of industrial development anticipated.
(b) Street rights-of-way and pavements widths shall be
adequate to accommodate the type and volume of traffic anticipated to
be generated thereon (See Section 47-3-3).
(c) Special requirements may be imposed by the City with
respect to street, curb, gutter and sidewalk design and construction.
(d) Special requirements may be imposed by the City with
respect to the installation of public utilities including water, sewer
and storm water drainage.
57
(e) Every effort shall be made to protect adjacent residen-
tial areas from potential nuisance from the proposed non-residential
subdivision, including the provision of extra depth in parcels backing
against existing or potential residential development and provisions
for a permanently landscaped buffer strip or other suitable screening
methods such as berms or walls as required by the Planning Commission.
(f) Streets carrying non-residential traffic, especially
truck traffic, shall not normally be extended to the boundaries of
adjacent existing or potential residential areas, or connected to
streets intended for predominantly residential traffic.
(g) Subdivisions for proposed commercial development shall
take into account and specifically designate all areas for vehicular
circulation and parking, for pedestrian circulation and for buffer
strips and other landscaping and shall provide for maintenance of such
private improvements.
SECTION 47-3-9. INSPECTIONS AND ENFORCEMENTS. The Planning
Commission with assistance from the City Engineer and Traffic Engineer
will handle subdivision approval. The City Engineer will have
responsibility for inspections and enforcement. At the time the
subdivision approval is issued, the City Engineer shall establish a
schedule for inspections as specified in Section 47-4-5. Where it is
found by inspection that conditions are not substantially as stated or
shown in the approved subdvision plans, the City Engineer or his
inspectors shall stop further work until approval is obtained for an
amended subdivision plan.
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CHAPTER 4
LAND DEVELOPMENT REQUIREMENTS:
BUILDING SITES
SECTIONS:
47-4-1. General Application
47-4-2. Permits Required
47-4-3. Grading and Erosion Control Design Standards and
Regulations
47-4-4. Setbacks
47-4-5. Site Development Inspection
47-4-6. Compliance of Work
SECTION 47-4-1. GENERAL APPLICATION. No person or party shall
do or cause any grading to be done on a building site without first
having obtained site development approval in conjunction with the
building permit process or a permit from the Building Official except
as specified below:
1. Work requiring separate approval/permit.
A site development approval/permit shall be required in all
cases where development comes under any one or more of the following
provisions;
(a) Excavation, fill or any combination thereof exceeding
1,000 cubic yards;
(b) Excavation, fill or any combination thereof exceeding
five feet in vertical depth at its deepest point measured from the
adjacent, undisturbed ground surface;
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(c) Excavation, fill or any combination thereof exceeding an
area of 1/2 acre;
(d) Excavation, fill or any combination thereof exceeding 75
percent of a building site including the excavation for foundation and
footings.
(e) Removal of vegetation from an area in excess of 1/2 acre
for purposes other than agricultural;
(f) Engineered interior fills or surcharges;
2. Work not requiring separate approval/permit. A separate site
development permit shall not be required in the following cases for
issuance of a building permit shall specify approval of the required
grading plan:
(a) Excavations below finished grade for basements and
footings of buildings or other structures authorized by a valid
building permit. This shall not exempt any fill made with the
material from such excavation, or exempt any excavation having an
unsupported height greater than five feet after the completion of such
structure;
(b) Removal of vegetation as part of work authorized by a
valid building permit;
3. Waiver. The following requirements and standards shall apply
to all building sites unless deemed unwarranted by the written
recommendation of the Building Official;
SECTION 47-4-2. PERMITS REQUIRED. Except as exempted in the
foregoing Section 47-4-1, no person or party shall do or cause any
grading to be done on a building site without first obtaining site
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development approval or permit from the Building Official. A separate
approval or permit shall be required for each site, and may cover both
excavations and fills.
1. Application.
To obtain a permit or approval the applicant shall first file
an application therefor in writing on a form furnished by the Building
Department for that purpose. Every such application shall:
(a) Identify and describe the work to be covered by the
permit or approval for which the application is made.
(b) Describe the land on which the proposed work is to be
done by legal description, street address or similar description that
will readily identify and definitely locate the proposed work and
identify lots of any platted subdivision included within the proposed
building site.
(c) Indicate the use or occupancy for which the proposed work
is intended.
(d) Be accompanied by plans, diagrams, computations and
specifications and other data as required.
(e) Be signed by property owner as permittee, or his
authorized agent, who may be required to submit evidence to indicate
such authority.
(f) Show the location of existing and proposed buildings or
structures on the applicant's property, and the location of buildings
or structures on adjacent properties which are within 15 feet of the
applicant's property, or which may be affected by the proposed site
development activities.
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(g) Show the location of property lines and all existing and
proposed streets, roadways, driveways, easements and rights-of-way on
contiguous or adjacent to the proposed development site.
(h) Show the present contours of the site in dashed lines and
the proposed contours in solid lines. Contour intervals shall be not
greater than two (2) feet where slopes are predominantly five (5)
percent or less, and five feet where slopes are predominantly steeper
than five (5) percent. The source of all topographical information
shall be indicated.
(i) Show the location of all drainage to, from and across the
site, the location of intermittent and permanent streams, springs, and
culverts and other drainage structures, and size and location of any
precipitation catchment area in, above or within 100 feet of the site.
(j) Show detailed plans and locations of all surface and
subsurface drainage devices, walls, dams, sediment basins, storage
reservoirs and other protective devices to be constructed with or as a
part of the proposed work, together with a map showing drainage areas,
and the complete drainage network including outfall lines and natural
drainageways which may be affected by the proposed project. Include
the estimated runoff of the areas served by the proposed drainage
system.
(k) Present a plan showing temporary erosion control measures
as outlined in Section 47-3-5(3) to prevent erosion during the course
of construction.
(1) All grading in excess of 5,000 cubic yards shall require
professional engineering and be designated as "engineered grading".
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Any application including engineered grading shall contain a grading
plan prepared by a registered professional engineer or licensed
architect.
(m) Show a revegetation plan addressing the revegetation
requirements specified in Section 47-3-5(4).
(n) Make a statement of the estimated starting and completion
dates for the grading work proposed and any revegetation work that may
be required.
(o) Identify the type of surcharging fill material to be used
on the building site.
(p) Estimate the amount of time surcharging fill material
will be in place, and show consideration by a soils engineer of the
potential for vertical and lateral soil movements on properties
adjacent to the surcharge.
(q) Submit a copy of the recorded subdivision plat showing
developable area limitations.
(r) Such other information as may be required by the Building
Official or City Engineer.
2. Soil engineering report or engineering geology required.
(a) Soil Engineering Report. The soil engineering report
required shall include data regarding the nature, distribution and
strength of existing soils, conclusions and recommendations for
grading procedures and design criteria for corrective measures when
necessary, and opinions and recommendations addressing the adequacy of
the site under the proposed grading plan to support the proposed
development.
(b) Engineering Geology Report. The engineering geology
63
report required shall include an adequate description of the geology
of the site, conclusions and recommendations regarding the effect of
geologic conditions on the proposed development, and opinions and
recommendations addressing the adequacy of the site under the proposed
grading plan to support the proposed development. This requirement
may be waived by written recommendation of the Building Official if it
is deemed unwarranted.
3. Issuance. The application, plans, specifications and other
data submitted by an applicant for permit shall be reviewed by the
Building Official. Such plans may be reviewed by other departments or
agencies to verify compliance with any applicable laws under their
jurisdiction. If the Building Official finds that the work described
in an application for a permit and the plans, specifications and other
data filed therewith conform to the requirements of this Title and
other pertinent laws and ordinances, and that the fees specified have
been paid, he shall issue a permit therefor to the property owner or
his authorized agent. When the Building Official issues the permit
where plans are required, he shall endorse in writing or stamp the
plans and specifications "APPROVED". Such approved plans and
specifications shall not be changed, modified or altered
without authorization from the Building Official, and all work shall
be done in accordance with the approved plans. The Building Official
may require that site development activities and project designs or
specifications be modified if delays occur which may create
weather-generated problems not considered at the time the permit was
issued. No site alteration which shall occur during the months of
November through March and no applications proposing such work during
that time shall be approved.
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4. Fees.
(a) Plan-checking Fee. For excavation and fill on the same
site, the fee shall be based on the volume of the excavation or fill,
whichever is greater. Before accepting a set of site development
plans and specifications for checking, the Building Official shall
collect a site development plan-checking fee. Separate permits and
fees shall apply to retaining walls or major drainage structures as
indicated elsewhere in this code. There shall be no separate charge
for standard terrace drains and similar facilities. The amount of the
plan-checking fee for site development plans shall be set forth in
Table No. 47-A. The plan-checking fee for a site development permit
authorizing additional work to that under a valid permit shall be the
difference between such fee paid for the original permit and the fee
shown for the entire project.
(b) A fee for issuance of each site development permit shall
be paid to the Building Official as set forth in Table No. 47-B.
5. Bonds. A performance bond will be required for site
development permits in a form approved by the City Attorney and in
amounts as may be deemed necessary by the City Engineer to assure that
the work, if not completed in accordance with the approved plans and
specifications, will be completed or corrected to eliminate hazardous
conditions. The performance bond may be provided by a corporate
surety, or in lieu thereof, a cash bond or instrument of credit of
equal amount. This provision may be waived by the written
recommendation of the Building Official if it is deemed unwarranted.
65
TABLE NO. 47-A - PLAN-CHECKING FEES
50 cubic yards or less No Fee
51 to 100 cubic yards $10.00
101 to 1,000 cubic yards 15.00
1,001 to 10,000 cubic yards 20.00
10,001 to 100,000 cubic yards-$20.00 for the first 10,000 cubic
yards, plus $10.00 for each additional 10,000 cubic yards or
fraction thereof.
100,001 to 200,000 cubic yards-$110.00 for the first 100,000 cubic
yards, plus $6.00 for each additional 10,000 cubic yards or
fraction thereof.
200,001 cubic yards or more-$170.00 for the first 200,000 cubic
yards, plus $3.00 for each additional 10,000 cubic yards or
fraction thereof.
Other Inspections and Fees:
Additional plan review required by changes, additions
or revisions to approved plans $15 00 per
(minimum charge - one-half hour) hour
TABLE NO. 47-B - SITE DEVELOPMENT PERMIT FEES
50 cubic yards or less
$10.00
51 to 100 cubic yards
15.00
101 to 1,000 cubic yards-$15.00 for the first 100 cubic yards plus
$7.00 for each additional 100 cubic yards or fraction thereof.
1,001 to 10,000 cubic yards-$78.00 for the first 1,000 cubic yards,
plus $6.00 for each additional 1,000 cubic yards or fraction
thereof
10,001 to 100,000 cubic yards-$132.00 for the first 10,000 cubic
yards, plus $27.00 for each additional 10,000 cubic yards or
fraction thereof.
100,001 cubic yards or more-$375.00 for the first 100,000 cubic
yards, plus $15.00 for each additional 10,000 cubic yards or
fraction thereof.
Other Inspections and Fees:
1. Inspections outside of normal business hours . . . $15.00 per
(Minimum charge - two hours)
2. Reinspection fee assessed under provisions of
305 (h) $15.00 each
3. Inspections for which no fee is specifically
indicated $15.00 per hour
(minimum charge - one-half hour)
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SECTION 47-4-3. GRADING AND EROSION CONTROL DESIGN STANDARDS
AND REGULATIONS. All subdivision improvement work shall be
accomplished in conformance to the following grading and erosion
control design standards and regulations:
1. Hours of operation. All grading operations in or contiguous
to residential neighborhoods shall be carried on between the hours of
7:00 a.m. to 5:30 p.m. The Building Official may waive this require-
ment if it is shown that by restricting the hours of operation it
would unduly interfere with the development of the property and it is
shown that the neighboring properties would not be adversely
affected.
2. Dust and dirt control. All graded surfaces of any nature
shall be dampened or suitably contained to prevent dust or spillage on
City streets or adjacent properties. Equipment, materials and
roadways on the site shall be used or treated so as to cause the least
possible annoyance due to dirt, mud, or dust conditions.
3. Undevelopable slopes. Any natural slopes identified on a
Slope Classification Map of forty (40) percent or greater shall be
designated undevelopable area. Said slope, if retained within the
subdivision shall be designated and maintained as common area. In no
event shall streets traverse such slopes.
4. Finished cuts and slopes. Limitations shall be applied to
the extent of cut and fill slopes to minimize the amount of excavated
surface or ground area exposed to potential erosion or settlement.
(a) The exposed or finished cuts or slopes of any fill or
excavation shall be smoothly graded.
(b) All cut and fill slopes shall be recontoured and
revegetated by the permittee in accordance with an approved plan.
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(c) Cut or fill slopes shall normally be limited to fifteen
(15) feet in vertical height. However, upon review and favorable
recommendation of the City Engineer, the Building Official may
recommend that the Mayor approve cut or fill slopes exceeding fifteen
(15) feet provided that such variations be allowed on a limited basis
after thorough review of each request, and only when balanced by
offsetting improvements to the overall aesthetic, environmental and
engineering quality of the development.
(d) No excavation creating a cut face and no fill creating an
exposed surface shall have a slope ratio exceeding one and one-half
horizontal to one vertical.
EXCEPTION:
(1) No slopes shall cut steeper than the bedding plane,
fracture, fault or joint in any formation where the cut slope will lie
on the dip of the strike line of the fracture, bedding plane, fault or
joint.
(2) No slopes shall be cut in an existing landslide, mud
flow or other form of naturally unstable slope except as recommended
by a qualified geological engineer.
(3) Where the formation is exposed above the top of the
cut which will permit the entry of water along bedding planes, this
area shall be sealed with a compacted soil blanket having a minimum
thickness of two feet. The soil for this blanket shall be relatively
impervious and shall be approved by the soils engineer or engineering
geologist.
(4) If the material of a slope is of such composition and
character as to be unstable under the anticipated maximum moisture
68
contents, the slope angle shall be reduced to a stable value or
retained by a method approved by the City Engineer, and certified as
to its stability by the soils engineer or geologist. Said retaining
method shall include design provisions which are:
(i) Conducive to revegetation for soil stability and
visual impact.
(ii) Used for selected areas of the site and not as a
general application.
(iii) Limited to tiers each of which is no higher than
six (6) feet, separated by plantable terraces a minimum of two feet in
width material and free of metal, except that topsoil spread on cut
and fill surfaces may incorporate humus for desirable moisture
retention properties.
(iv) Any retaining system shall remain and be
maintained on the lots until plans for construction are approved and a
building permit is issued. The plans shall include provisions to
integrate driveway access to the lot, while maintaining the structural
integrity of the retaining system.
(e) The Building,Official may require the slope of a cut or
fill be made more level if at any time it is found that the material
being cut or the fill is unusually subject to erosion, static or
dynamic instability or if other conditions make such requirements
necessary for stability.
5. Abatement of Hazardous Conditions.
(a) If, at any stage of grading, the Building Official or
City Engineer determines by inspection that the nature of the
formation is such that further work as authorized by an existing
69
permit is likely to imperil any property, public way, watercourse or
drainage structure, the Building Official or City Engineer shall
require, as a condition to allowing the work to proceed, that
reasonable safety precautions be taken as are considered advisable to
avoid likelihood of such peril. Such precautions may include, but
shall not be limited to any of the following: specification of a more
level exposed slope; construction of additional drainage facilities,
berms, or terraces; compaction or cribbing; installation of plant
materials for erosion control; and reports of a registered soils
engineer and/or of an engineering geologist whose recommendations may
be made requirements for further work. Such a requirement by the
Building Official or City Engineer shall constitute a required change
order in the work to be performed under permit. Said changes may be
required to be reflected in amended plans.
(b) Where it appears that damage from storm drainage may
result from work performed hereunder, such work may be stopped and the
permitee required to take such measures as may be necessary to protect
adjoining property or the public safety. On large operations or where
unusual site conditions exist, the Building Official or City Engineer
may specify the time at which grading may proceed and the time of
completion or may require that the operation be conducted in specific
stages so as to insure completion of protective measures or devises
prior to the advent of seasonal rains.
6. Fill Material and Compaction.
(a) Fill Material. All fill shall be earth, rock or other
inert materials free from organic material and free of metal, except
70
that topsoil spread on cut and fill surfaces may incorporate humus for
desirable moisture retention properties. Fill not meeting the defini-
tion above shall be placed only in an approved public or private
landfill or other approved deposit site.
(b) Back Fillings. Any pipe trench or trenching, or
excavation made in any slope of any excavated or filled site, shall be
backfilled and compacted to the level of the surrounding grade.
(c) Compaction of fills. Unless otherwise directed by the
Building Official, all fills governed by this ordinance, intended to
support buildings, structures, or where otherwise required to be
compacted for stability, shall be compacted, inspected and tested in
accordance with the following provisions.
(1) The natural ground surface shall be prepared by
removal of topsoil and vegetation, and, if necessary, shall be graded
to a series of terraces. If fill material unacceptable under (a)
above is placed on site or the fill is not placed according to
procedures of this Title then it must be removed.
(2) The fill shall be spread and compacted in accordance
with the City Engineer's approved standards.
(3) The moisture content of the fill material shall be
controlled at the time of spreading and compaction to obtain required
maximum density.
(4) A written report of the completed compaction, showing
location and depth of test holes, materials used, moisture conditions,
recommended soil bearing pressures, and relative density obtained from
all tests, prepared by a Civil Engineer or Soils Engineer licensed by
the State of Utah or Testing Laboratory shall be submitted to the
71
Building Official, who shall rely on the expertise of the City
Engineer for review.
(5) The Building Official or City Engineer may require
additional tests or information, if, in his opinion, the conditions or
materials are such that additional information is necessary, and may
modify or delete any of the above listed requirements that, in his
opinion, are unnecessary to further the purpose of this Title.
7. Erosion control and revegetation. All cut and fill surfaces
created by grading shall be planted with a ground cover that is of a
drought resistant variety. Topsoils are to be stockpiled during rough
grading and used to cut and fill slopes. Cuts and fills along public
roads are required to be landscaped according to an approved plan, as
outlined in Section 47-3-5(4). All plant materials must be approved
by the Parks Department and Building Official prior to approval.
8. Drainage.
(a) Adequate provisions shall be made to prevent any surface
waters from damaging the cut face of an excavation or any portion of a
fill. All drainage ways and structures shall carry surface waters
without producing erosion,to the nearest practical street, storm drain
or natural water course approved by the City Engineer. The City
Engineer may also require drainage structures to be constructed, or
installed as necessary to prevent erosion damage or to prevent
saturation of the fill or material behind cut slopes.
(b) An excess storm water passage shall be provided for all
storm water storage areas. Such passage shall have capacity to convey
through the proposed development the excess storm water from the
tributary watershed. The capacity of such excess storm water passages
shall be constructed in such a manner as to transport the peak rate of
72
run-off from a 100 year return frequency storm assuming all storm
sewers are inoperative, all upstream areas are fully developed in
accordance with the City's current land use plan, and that antecedent
rain fall has saturated the tributary watershed.
(c) No buildings or structures shall be constructed within
such passage, however, streets, parking lots, playgrounds, park areas,
pedestrian walkways, utility easements and other open space uses shall
be considered compatible uses. In the event such passageway is
reshaped or its capacity to transport excess storm water is otherwise
restricted during or after construction, the Building Official or City
Engineer shall notify the agency, party or parties causing said
restriction to remove the same, and set a reasonable time for its
removal. If said parties refuse to or are unable to comply with said
order, the Building Official or City Engineer shall cause said
restrictions to be removed at the expense of said parties. Where a
proposed development contains existing natural drainage, appropriate
planning measures shall be undertaken or required to preserve and
maintain said natural drainage as part of the excess storm water
passage.
(d) Notwithstanding any other provisions of this ordinance,
whenever in the judgment of the Building Official or City Engineer a
condition occurs in a storm water storage area or passageway that
creates a dangerous and imminent health and safety hazard, the
Building Official or City Engineer shall order such action as shall be
effective immediately or in the time and manner prescribed in the
order itself.
9. Surcharging. Surcharges shall consist of earth material and
73
shall be applied in such a manner as to have no effect on soil
stability on adjacent or neighboring properties.
SECTION 47-4-4. SETBACKS.
General. The setbacks and other restrictions specified by this
section are minimum and may be increased by the Building Official or
by the recommendation of a civil engineer, soils engineer or
engineering geologist, if necessary for safety and stability, to
prevent damage of adjacent properties from deposition or erosion, or
to provide access for slope maintenance and drainage. Setbacks deal
with distances from property lines, structures or faults, and must
satisfy requirements of paragraphs 1-3 below. Retaining walls may be
used to reduce the required setbacks when approved by the Building
Official.
1. Setbacks from Property Lines. The toes and tops of cut and
fill slopes where no structures are located shall he set back from the
outer boundaries of the Permit Area, (PA = lot area excluding any
undevelopable areas), including yard setbacks, slope-right areas and
easements, in accordance with Figure No. 1 and Table No. 47-C, where
"a" = setback distance at toe, and "b" = setback at top, and "H" =
height from toe to top of cut/fill slope.
TABLE NO. 47-C
REQUIRED SETBACKS FROM PERMIT AREA BOUNDARY
(IN FEET)
SETBACKS
Height = H a b*
under 5 0 1
5-30 H/2 H/5
over 30 15 6
*Additional width may be required for interceptor drain.
74
top of PAj*
slope
Figure No. 1 b Natural or
finish grade
toe of cut or fill
PA** slo e slope
1 H = height from toe to
I a top of slope
**Permit Area Boundary
Natural or finish grade
2. Setback from Structures. Setbacks between graded slopes (cut
or fill) and structures shall be provided in accordance with Figure
No. 2.
face of
footing —,1
Figure No. 2
b
top of slope—.>
face of structure
I H
toe of slope a = H/2 but need not exceed 15' max.
b = H/2 but need not exceed 10' max.
a
3. Setback from Faults. No structure shall be located over a
fault. Determinations of the appropriate setback distance from the
fault shall be made using the data computed in the geological report
as per Section 47-4-2(2) by the person or firm who prepared the
geological report.
SECTION 47-4-5. ,SITE DEVELOPMENT INSPECTION.
1. Special Inspections. All site development activities for
which a permit or approval is required shall be subject to inspection
75
by the Building Official. Special inspections of grading operations
and special testing shall be performed to ensure conformity with
approved plans and specifications. The following special inspections
will be required:
(a) Fills.
(1) The site is to be inspected prior to the placement
of fill material.
(2) The fill material is to be inspected prior to
placement on the site.
(3) Final compaction of fill is to be tested.
(4) The final grade is to be inspected.
(5) Revegetation will be inspected during planting, upon
planting completion and again prior to bond release where applicable.
(b) Cuts.
(1) The site is to be inspected prior to cutting or
removing material.
(2) The grade is to be inspected after cutting.
(3) Revegetation will be inspected as under (a)(5)
above.
2. Inspection Schedule and Enforcement. At the time the site
development permit or approval is issued, the Building Official shall
establish the stage of development at which required inspections shall
be made. In order to obtain inspections, the permittee shall notify
the City of readiness at least 24 hours before said inspection is to
be made. Where it is found by inspection that conditions are not
substantially as stated or shown on the approved plans, the Building
Official or his inspectors shall stop further work until approval is
obtained for amended plans.
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SECTION 47-4-6. COMPLETION OF WORK.
1. Final Reports. Upon completion of the rough grading work and
again at the final completion of the work, reports and drawings and
supplements thereto will be required as follows:
(a) An "as-graded" grading plan prepared by a Civil Engineer
including original ground surface elevations, as-graded surface
elevations, lot drainage patterns and locations and elevations of all
surface and subsurface drainage facilities. He shall verify that the
work was done in accordance with the final approved site development
plan.
(b) A soil grading report prepared by a Soils Engineer
including locations and elevations of field density tests, summaries
of field and laboratory tests and other substantiating data and
comments on any changes made during grading and their effect on the
recommendations made in the soil engineering investigation report. He
shall verify the adequacy of the site for the intended use.
(c) A geologic grading report prepared by the Engineering
Geologist including a final description of the geology of the site
including any new information disclosed during the grading and the
effect of same on recommendations incorporated in the approved site
development plan. He shall verify the adequacy of the site for the
intended use as affected by geologic factors. This requirement may be
modified or waived in writing by the Building Official if circum-
stances warrant.
2. Notification of Completion. The permittee or his agent shall
notify the Building Official when the grading operation is ready for
final inspection. Final approval shall not be given until all work
77
including installation of all drainage facilities and their protective
devices and all erosion control measures including revegetation have
been completed in accordance with the final approved site development
plan and the required reports have been submitted.
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CHAPTER 5
INDEPENDENT SITE DEVELOPMENT ACTIVITIES
SECTIONS:
47-5-1. General Application
47-5-2. Permit Application
47-5-3. Foothill Development Overlay Zone Reports
47-5-4. Granting Permit
47-5-5. Inspections
47-5-6. Grading and Erosion Control Design Standards and
Regulations
47-5-7. Special Canyon Site Deelopment Standards
SECTION 47-5-1. GENERAL APPLICATION. No person shall commence
or perform or cause any grading to be done in excess of the limits
specified below without first obtaining a site development permit. A
separate independent site development permit not otherwise required
under Chapters 3 and 4 of this Title, shall be required for each site
on which grading is to be done as specified in subsection one (1) of
this section.
1. General. A site development permit shall be required in all
cases where development comes under any one or more of the following
provisions:
(a) Excavation, fill or any combination thereof exceeding
1,000 cubic yards;
(b) Excavation, fill or any combination thereof exceeding
five feet in vertical depth at its deepest point measured from the
adjacent, undisturbed ground surface;
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(c) Excavation, fill or any combination thereof exceeding an
area of 1/2 acre;
(d) Excavation, fill or any combination thereof exceeding 75
percent of a development site, including the excavation of the
foundation and footings;
(e) Removal of vegetation from an area exceeding 1/2 acre for
the purposes other than agricultural;
(f) Engineered interior fills or surcharges;
(g) Fuel Break for fire protection purposes;
(h) Commercial quarries or mining activities operating in
appropriate industrial zones as provided in the Salt Lake City Zoning
Ordinance;
(i) Excavation or removal of vegetation or tilling of soil
within public or private property within the Foothill Development
Overlay (F-1) Zone or the Preservation (P-1) Zone:
2. Waiver. All of the following requirements and standards
shall apply unless deemed unwarrented by the Building Official and
waived in writing.
SECTION 47-5-2. PERMIT APPLICATION. Each application for an
independent site development permit shall be made by the owner of the
property or his/her authorized agent to the Building Official on a
form furnished for that purpose. The application shall include:
1. Information to be Included. Plot plans of the property drawn
to scale in three copies which:
(a) Identify and describe the work to be covered by the
permit for which the application is made.
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(b) Describe the land on which the proposed work is to be
done by legal description, street address or similar description that
will readily identify and definitely locate the proposed work, and
identify lots of any platted subdivision included within the proposed
building site.
(c) Indicate the use or occupancy for which the proposed work
is intended.
(d) Be accompanied by plans, diagrams, computations and
specifications and other data as required.
(e) Be signed by property owner as permittee, or his
authorized agent, who may be required to submit evidence to indicate
such authority.
(f) Location of existing and proposed buildings or structures
on the applicant's property, and the location of buildings or
structures on adjacent properties which are within 15 feet of the
applicant's property, or which may be affected by the proposed site
development activities.
(g) Location of all property lines and existing and proposed
streets, roadways, driveways, easements and rights-of-way contiguous
or adjacent to the proposed development site.
(h) The present contours of the site in dashed lines and the
proposed contours in solid lines. Contour intervals shall be not
greater than two (2) feet where slopes are predominantly five (5)
percent or less, and five (5) feet where slopes are predominantly
steeper than five (5) percent. The source of all topographical
information shall be indicated.
(i) The location of all drainage to, from and across the
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site, the location of intermittent and permanent streams, springs and
culverts and other drainage structures, and size and location of any
precipitation catchment area in, above or within 100 feet of the site.
(j) Detailed plans and locations of all surface and
subsurface drainage devices, walls, dams, sediment basins, storage
reservoirs and other protective devices to be constructed with or as a
part of the proposed work, together with a map showing drainage areas,
and the complete drainage network including outfall lines and natural
drainageways which may be affected by the proposed project. Include
the estimated runoff of the areas served by the proposed drainage
system.
(k) Plan showing temporary erosion control measures as
outlined in Section 47-5-3(3) to prevent erosion during the course of
construction.
(1) All grading in excess of 5,000 cubic yards shall require
professional engineering and be designated as 'engineered grading'.
Any application including engineered grading shall contain a grading
plan prepared by a registered professional engineer, or licensed
architect.
(m) A revegetation plan addressing the revegetation
requirements specified in Section 47-5-3 (4).
(n) Statement of the estimated starting and completion dates
for the grading work proposed and any revegetation work that may be
required.
(o) Identify the type of surcharging fill material to be used
on the building site.
(p) A description of the methods to be employed in disposing
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of soil and other material to be removed from the site, including the
location of the disposal site.
(q) A description of the methods to be employed in obtaining
fill to be used on the site, and the location of the site of
acquisition of such fill.
(r) Whenever a proposed site lies within 500 feet of an
identified fault a geological report and certification statement as
outlined in Section 47-5-3 (2) will be required. Said report will be
submitted for review by the Building Official to the "UGMS" for
review.
(s) Applications for commercial quarries shall contain an
acceptable plan for the eventual rehabilitation and use of the quarry
site after the resources have been removed. Such a plan, at a scale
of not less than 1" = 100', with contour intervals not greater than
five feet, should be compatible with its surroundings and in general
agreement with the City Master Plan. The plan shall show the proposed
treatment of any stream channel adjacent to the resource deposits
during extraction operations. Limits of excavation shall be
determined to protect any natural or improved channel and any nearby
wooded areas considered vital to the function of the rehabilitated
area. Include the estimated time period during which quarrying and
land rehabilitation operations will be conducted.
(t) Estimate the amount of time surcharging fill material
will be in place, and show consideration by a Soils Engineer of the
potential for vertical and lateral soil movements on properties
adjacent to the surcharge.
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(u) If applicable, submit a copy of the recorded subdivision
plat showing developable area limitations.
2. Additional Information Which May Be Required.
The following information shall be provided in triplicate if
requested by the Building Official or City Engineer.
(a) Slope Classification Map and analysis.
(b) Profiles or cross-sections.
(c) Additional drainage calculations.
(d) Soils data including a report from a registered soils
engineer, engineering geologist, or other qualified person.
(e) Statement of the estimated starting and completion dates
for the grading work proposed and any revegetation work that may be
required.
(f) Detailed revegetation plans for the site, and if
appropriate, information relating to the landscaping on adjacent or
surrounding areas affected by the proposed development. Such
landscape plans shall be prepared by a licensed engineer, architect,
landscape architect, or other qualified person. These plans shall
show:
(1) Distribution of plant material, existing trees and
work involved as related to slope control and/or physical environment.
(2) A plan describing the methods of planting the areas
to be landscaped with special emphasis on;
(i) soils preparation, plant material and methods of
planting; and
(ii) initial maintenance of the plant material and
slopes until a specified percentage of plant coverage is established
uniformly on the cut and fill slopes.
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(3) Such other and further details as may be specified
and required by the Building Official to carry out the purposes of
this Title. All such plans shall bear the name of the person
responsible for the preparation of the plan.
(4) The revegetation plan will be submitted by the
Building Official to the Salt Lake City Parks Department's landscape
architect for review.
(g) Such other information as shall be required by the
Building Official or City Engineer.
3. Fee. Each site development application made independent and
separate from a building permit application shall be accompanied by
payment of an application fee of $25.00.
SECTION 47-5-3. FOOTHILL DEVELOPMENT OVERLAY ZONE REPORTS.
Notwithstanding any foregoing provisions appearing to the contrary,
the application for a site development permit for any area situated a
zoning area designated as the Foothill Development Overlay Zone (F-1)
shall also include the additional information:
1. Soils reports.
(a) The U.S.D.A. Soil Conservation Service publication, Soil
Survey of Salt Lake City Area, Utah (April 1974) and Soil Survey and
Interpretation, Summit Soil Survey Area, Wasatch Mountain Portion,
Salt Lake County, Utah (June 1975), are hereby adopted as the official
soil maps and interpretations for soils in Salt Lake City.
(b) The surveys adopted in Section (1) above are to be used
as a guide to land use planning for those items covered in the survey
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in Salt Lake City and are not intended to replace on-site soil
investigations.
(c) The Planning Commission shall require a soil
investigation report if the Salt Lake County 208 Water Quality Soils
Map and interpretation shows soils in the area proposed for
development present one or more constraints to development as defined
on said map. Such soils report shall be prepared by a person or firm
qualified by training and experience to have knowledge of the subject
and must contain at least the following information:
(1) Slope Classification Map and analysis;
(2) Estimate of the normal highest elevation of the
seasonal high watertable;
(3) The location and size of swamps, springs, and seeps
shall be shown on the site plan and an investigation made to determine
the reasons for occurrence of these underground water sources. An
analysis of the vegetation cover or other surface information may be
used to show the presence of the underground water;
(4) Unified soil classification for the major horizons
(layers of soil profile) or of the zone of the footing foundation
including, where appropriate, the Plasticity Index (PI) and Liquid
Limit (LL);
(5) Shrink swell potential. Said potential and its
characteristics shall be determined and classified according to the
tests prescribed in Section 2904(a) of the Uniform Building Code and
related references;
(6) Potential frost action based on the depth to
watertable and the unified soils classification;
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(7) The soil, suitabilities, constraints and proposed
methods of mitigating said constraints in implementing the proposed
development plan;
(8) A verified written statement by the person or firm
preparing the soils report identifying the soil constraints to
development and further stating in his professional opinion, the
ability of the proposed development plat to mitigate and/or eliminate
said constraints in a manner as to prevent hazard to life, hazard to
property, adverse affects on the safety, use or stability of a public
way or drainage channel and adverse impact on the natural environment.
2. Geology Reports.
(a) A geology report shall be prepared by a person or firm
qualified by training and experience to have knowledge of the subject.
Since the nature and distribution of earth material, faults, folds,
slide masses, or other significant features cannot be described fully
and effectively in words alone, a geologic map shall accompany the
report.
Mapping should reflect careful attention to the rock
composition, structural elements, surface, and subsurface distribution
of the earth materials exposed or inferred features and/or
relationships.
(b) It should be understood that Salt Lake City is in Seismic
Zone Three, such zone having the highest probability of earthquake
damage. Therefore, the report shall contain at least the following
information:
(1) Location and size of subject area and its general
setting with respect to major geographic and/or geologic features;
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(2) Identification of the person who did the geologic
mapping upon which the report is based and the dates the mapping was
done;
(3) Existing topography and drainage in the subject area;
(4) Abundance, distribution and general nature of
exposures of earth materials within the area;
(5) Nature and source of available subsurface
information;
(6) Estimated depth of bedrock;
(7) Bedrock - igneous, sedimentary, metamorphic types;
(8) Structural features - including, but not limited to,
stratification, stability, folds, zones of contortion or crushing,
joints, fractures, shear zones, faults, and any other geological
limitations;
(c) A verified written statement by the person or firm
preparing the geology report identifying any geological problems to
development and further stating in his professional opinion, the
ability of the proposed develpment plan to mitigate and/or eliminate
said problems in a manner as to prevent hazard to life, hazard to
property, adverse affects on the safety, use, or stability of a public
way or drainage channel and adverse impact on the natural environment.
3. Grading and Drainage Plan.
(a) A grading and drainage plan prepared by a professional
engineer registered in the State of Utah shall be submitted with each
application. The plan must be sufficient to determine the erosion
control measures necessary to prevent soil loss during construction as
well as after project completion.
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(b) The plan shall include, as a minimum, the following
information:
(1) Map of the entire site showing existing details and
contours of the property using at a maximum ten feet contour intervals
and a scale of 1" = 100'.
(2) Supplemental map(s) of area(s) to be graded showing
existing details and contours at five foot intervals where terrain
will not be modified and proposed details and contours of two foot
intervals where terrain modification is proposed, using a scale of
1" = 20'.
(3) An investigation of the effects of high intensity
rain storm (100 year return frequency storm according to U.S.
Department of Commerce Weather Bureau Frequency Curves) evaluating how
the proposed drainage system will handle the predicted flows. Include
effects of drainage areas outside the development which drain through
the subject area and the anticipated flow and handling of the drainage
leaving the development.
(4) History, including frequency and duration of prior
flooding.
(5) Location of any existing building or structures and
the approximate location of any proposed buildings or structures on
the areas to be developed and any existing buildings or structures on
land of adjacent owners which are within 100 feet of the property or
which are on the land of adjacent owners beyond said distance but may
be affected by the proposed development.
(6) The direction of proposed drainage flow and the
approximate grade of all streets (not to be construed as the grades
used for the final street design).
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(7) Detailed plans and locations of all surface and
subsurface drainage devices, walls, dams, sediment basins, storage
reservoirs and other protective devices to he constructed with or as a
part of the proposed work, together with a map showing drainage areas,
and the complete drainage network including outfall lines and natural
drainageways which may be affected by the proposed project. Include
the estimated runoff of the areas served by the proposed drainage
system.
(8) A description of the method to be used in obtaining
fill to be used on the site and the site of acquisition of such fill.
(9) A description of methods to be employed in disposing
of soil and other material to be removed from the site, including the
location of the disposal site.
(10) Plan showing temporary erosion control measures to
prevent erosion during the course of construction.
(11) A schedule showing when each stage of the development
will be completed, including the total area of soil surface which is
to be disturbed during each stage and estimated starting and
completion dates. The schedule shall be drawn to limit the time that
soil is exposed and unprotected to the shortest possible period. In
no event shall the existing "natural" vegetation or ground cover be
destroyed, removed, or disturbed more than 15 days prior to commencing
grading for development as scheduled.
(c) A verified written statement by the person or firm
preparing the grading and drainage plan identifying any grading and
drainage problems to development and further stating in his
professional opinion, the ability of the proposed plan to mitigate
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and/or eliminate said problems in a manner as to prevent hazard to
life, hazard to property, adverse affects on the safety, use or
stability of a public way or drainage channel, and adverse impact on
the natural environment.
4. Vegetation preservation and protection plan.
(a) Vegetation shall be removed only when absolutely neces-
sary, i.e., for buildings, filled areas, roads and Fuel Breaks. Every
effort shall be made to conserve topsoil which is removed during
construction for later use on areas requiring vegetation or
landscaping, i.e., cut and fill slopes.
(b) All areas of excavation (cut or fill) attendant to new
development shall be sufficiently revegetated to assure that they are
protected from erosion due to normal wind or surface water conditions.
Vegetation sufficient to stabilize the soil shall also be established
on all disturbed areas (including lots which may be subject to future
grading) as each stage of grading is completed. Disturbed areas not
contained within lot boundaries shall be protected with adapted,
fire-resistant species of perennial vegetative cover after grading and
improvement related to construction is completed. Such vegetation
should be in place and of sufficient coverage and maturity to assure
that the required protection is existent prior to the release of the
improvement bond. It should be further assured as to duration and
establishment by a minimum of a two-year warranty. The new vegetation
shall be equivalent to or exceed the amount and erosion control
characteristics of the original vegetation cover.
(c) The property owner and subdivider/developer shall be
fully responsible for any destruction of native vegetation proposed
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for retention under the approved vegetation plan and shall be
responsible for the replacement of such destroyed vegetation. Said
duty shall continue from the first day of construction until the
certificate of occupancy or completion is issued. During this time
the property owner and subdivider/developer shall be strictly liable
for its own actions and those of its employees or subcontractors. A
bond in the amount specified in the approved vegetation plan shall be
posted prior to issuing permit to ensure completion of the vegetation
plan.
(d) A vegetation plan and report shall be prepared by a
person or firm qualified by training and experience to have expert
knowledge of the subject and shall include the following:
(1) Survey of existing trees, large shrubs and ground
covers;
(2) Plan for the proposed revegetation of the site
detailing existing vegetation to be preserved, new vegetation to be
planted and any modifications to existing vegetation;
(3) Plan for the preservation of existing vegetation
during construction activity;
(4) Vegetation maintenance program including initial and
continuing maintenance necessary;
(5) Determination of proposed bond necessary to insure
soil stabilization. Bond should be provided in an amount sufficient
to pay cost of grading, planting and maintenance necessary to
stablilize the soil in the event the permittee fails to complete the
same. The bond need not cover the expense of items which would
beautify the terrain beyond its natural condition, but only work
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necessary to restore the terrain to the relative stability of its
previous state.
(e) A verified written statement by the person or firm
preparing the vegetation plan and report identifying any vegetation
problems to development and further stating in his professional
opinion, the ability of the proposed plan to mitigate and/or eliminate
said problems in a manner as to prevent hazard to life, hazard to
property, adverse affects on the safety, use, or stability of a public
way or drainage channel, and adverse impact on the natural
environment.
5. Fire protection report. A fire protection report shall be
prepared to assess fire probability and potential hazards by a person
or agency qualified by training and experience. Elements of the
report should include the following:
(1) The width and approximate location of any easements
required for access of fire protection equipment;
(2) Agreements, if any, entered into by the applicant and
a fire protection entity or other government agency that could have
concerns about fire probability (State & Federal agencies);
(3) The approval of the development design and fire
protection measures by the fire protection entity;
(4) A letter from the chief of the Salt Lake City Fire
Department stating:
(i) Fire flow recommendation by insurance service
organization.
(ii) The existing fire flow capability or the fire
flow capability proposed to serve the project.
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6. Access to public and private property report. A report
assuring that there is provision made for dedicated rights-of-way to
provide access to public or private land adjacent to the area proposed
for development. These rights-of-way shall be designed and
constructed to standards acceptable to the City Engineer. No access
will be allowed to be constructed if the terrain is too steep or
unsuitable for use but the right-of-way may, nevertheless, be required
to be dedicated by the Planning Commission.
7. Notification of adjacent landowners (public or private).
Owners of adjacent lands which may be impacted by the proposed
development shall be notified of a request for preliminary approval
and given an opportunity to appear before the Planning Commission
prior to final approval when it reviews the development proposal.
This process will help to ensure against future boundary and use
conflict to avoid "land locking" property, therefore creating a
situation beneficial to neither the public nor the private sector.
8. Flood Plain regulations. Where applicable under chapter 8 of
this Title, site development activities shall comply with said Flood
Plain regulations.
SECTION 47-5-4. GRANTING PERMIT. To further the specific
purposes of this ordinance as set forth in Section 47-1-4, the
following procedures are established:
1. Referrals. The application shall be referred by the Building
Official to the City Engineer and Planning Director for review.
Further, applications may also be referred to the Utah Geological and
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Mineral Survey and other appropriate advisors for comments and
recommendations as deemed necessary or appropriate.
2. Submission to Planning Commission. Upon completion of their
review, the City Engineer and Planning Director shall prepare and
forward their reports with recommendations to the Planning Commission
for its considerations according to Section 47-6-4.
3. Issuance. Upon approval by the Planning Commission and
subject to any terms or conditions thereof, the Building Official
shall proceed to issue the site development permit. Any appeal of a
decision by the Planning Commission must comply with Section 47-6-5.
SECTION 47-5-5. INSPECTIONS.
1. Inspection schedule. At the time a site development permit
is issued, the Building Official shall establish the stages of
development at which inspections required by Section 47-4-5 shall be
made. In order to obtain inspections, the permittee shall notify the
City of readiness at least 24 hours before said inspection is to be
made.
2. Conformity to plans. The Building Official shall be
responsible to arrange for required inspections by appropriate
inspectors who shall either approve that portion of the work completed
or shall notify the permittee wherein the same fails to comply with
this Title. Where it is found by inspection that conditions are not
substantially as stated or shown in the site development permit
applications, the inspector shall stop further work until the work
conforms to the approved plan or approval is obtained for revised
plans.
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3. Abatement of hazardous conditions.
(a) If, at any stage of site development, the Building
Official determines by inspection that the work is creating hazardous
conditions, he may suspend the work until provisions for abatement
and/or correction are completed as set forth in Section 47-5-6(5) .
SECTION 47-5-6. GRADING AND EROSION CONTROL DESIGN STANDARDS AND
REGULATIONS. All subdivision improvement work shall be accomplished
in conformance to the following grading and erosion control design
standards and regulations:
1 . Hours of operation. All grading operations in or contiguous
to residential neighborhoods shall be carried on between the hours of
7:00 a.m. to 5:30 p.m. The Building Official may waive this require-
ment if it is shown that by restricting the hours of operation it
would unduly interfere with the development of the property and it is
shown that the neighboring properties would not be adversely
affected.
2. Dust and dirt control . All graded surfaces of any nature
shall be dampened or suitably contained to prevent dust or spillage on
City streets or adjacent properties. Equipment , materials and
roadways on the site shall be used or treated so as to cause the least
possible annoyance due to dirt, mud, or dust conditions.
3. Undevelopable slopes. Any natural slopes identified on a
Slope Classification Map of forty (40) percent or greater shall be
designated undevelopable area. Said slope, if retained within the
subdivision shall be designated and maintained as common area. In no
event shall streets traverse such slopes.
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4. Finished cuts and slopes. Limitations shall he applied to
the extent of cut and fill slopes to minimize the amount of excavated
surface or ground area exposed to potential erosion or settlement.
(a) The exposed or finished cuts or slopes of any fill or
excavation shall be smoothly graded.
(b) All cut and fill slopes shall be recontoured and
revegetated by the permittee in accordance with an approved plan.
(c) Cut or fill slopes shall normally be limited to fifteen
(15) feet in vertical height. However, upon review and favorable
recommendation of the City Engineer, the Planning Commission may
recommend that the Mayor approve cut or fill slopes exceeding fifteen
(15) feet provided that such variations be allowed on a limited basis
after thorough review of each request, and only when balanced by
offsetting improvements to the overall aesthetic, environmental and
engineering quality of the development.
(d) No excavation creating a cut face and no fill creating an
exposed surface shall have a slope ratio exceeding one and one-half
horizontal to one vertical.
EXCEPTION:
(1) No slopes shall cut steeper than the bedding plane,
fracture, fault or joint in any formation where the cut slope will lie
on the dip of the strike line of the fracture, bedding plane, fault or
joint.
(2) No slopes shall be cut in an existing landslide, mud
flow or other form of naturally unstable slope except as recommended
by a qualified geological engineer.
(3) Where the formation is exposed above the top of the
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cut which will permit the entry of water along bedding planes, this
area shall he sealed with a compacted soil blanket having a minimum
thickness of two feet. The soil for this blanket shall be relatively
impervious and shall be approved by the soils engineer or engineering
geologist.
(4) If the material of a slope is of such composition and
character as to be unstable under the anticipated maximum moisture
contents, the slope angle shall be reduced to a stable value or
retained by a method approved by the City Engineer, and certified as
to its stability by the soils engineer or geologist. Said retaining
method shall include design provisions which are:
(i) Conducive to revegetation for soil stability and
visual impact.
(ii) Used for selected areas of the site and not as a
general application.
(iii) Limited to tiers each of which is no higher than
six (6) feet, separated by plantable terraces a minimum of two feet in
width.
(iv) Any retaining system shall remain and be
maintained on the lots until plans for construction are approved and a
building permit is issued. The plans shall include provisions to
integrate driveway access to the lot, while maintaining the structural
integrity of the retaining system.
(e) The Building Official may require the slope of a cut or
fill be made more level if at any time it is found that the material
being cut or the fill is unusually subject to erosion, static or
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dynamic instability or if other conditions make such requirements
necessary for stability.
5. Abatement of Hazardous Conditions.
(a) If, at any stage of grading, the Building Official or
City Engineer determines by inspection that the nature of the
formation is such that further work as authorized by an existing
permit is likely to imperil any property, public way, watercourse or
drainage structure, the Building Official or City Engineer shall
require, as a condition to allowing the work to proceed, that
reasonable safety precautions be taken as are considered advisable to
avoid likelihood of such peril. Such precautions may include, but
shall not be limited to any of the following: specification of a more
level exposed slope: construction of additional drainage facilities,
berms, or terraces; compaction or cribbing; installation of plant
materials for erosion control; and reports of a registered soils
engineer and/or of an engineering geologist whose recommendations may
be made requirements for further work. Such a requirement by the
Building Official or City Engineer shall constitute a required change
order in the work to be performed under permit. Said changes may be
required to be reflected in amended plans.
(b) Where it appears that damage from storm drainage may
result from work performed hereunder, such work may be stopped and the
permittee required to take such measures as may be necessary to
protect adjoining property or the public safety. On large operations
or where unusual site conditions exist, the Building Official or City
Engineer may specify the time at which grading may proceed and the
time of completion or may require that the operation be conducted in
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specific stages so as to insure completion of protective measures or
devices prior to the advent of seasonal rains.
6. Fill Material and Compaction.
(a) Fill material. All fill shall be earth, rock or other
inert materials free from organic material and free of metal, except
that topsoil spread on cut and fill surfaces may incorporate humus for
desirable moisture retention properties. Fill not meeting the
definition above shall be placed only in approved public or private
landfills or other approved deposit sites.
(b) Back fillings. Any pipe trench or trenching, or
excavation made in any slope of any excavated or filled site, shall be
backfilled and compacted to the level of the surrounding grade.
(c) Compaction of fills. Unless otherwise directed by the
Building Official or City Engineer, all fills governed by this
ordinance, intended to support buildings, structures, or where
otherwise required to be compacted for stability, shall be compacted,
inspected and tested in accordance with the following provisions.
(I) The natural ground surface shall be prepared by
removal of topsoil and vegetation, and, if necessary, shall be graded
to a series of terraces. If fill material unacceptable under (a)
above is placed on site or the fill is not placed according to
procedures of this Title then it must be removed.
(2) The fill shall be spread and compacted in accordance
with the City Engineer's approved standards.
(3) The moisture content of the fill material shall be
controlled at the time of spreading and compaction to obtain required
maximum density.
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(4) A written report of the completed compaction, showing
location and depth of test holes, materials used, moisture conditions,
recommended soil bearing pressures, and relative density obtained from
all tests, prepared by a Civil Engineer or Soils Engineer licensed by
the State of Utah or Testing Laboratory shall be submitted to the
Building Official, who will submit it to the City Engineer for review.
(5) The Building Official or City engineer may require
additional tests or information, if, in his opinion, the conditions or
materials are such that additional information is necessary, and may
modify or delete any of the above listed requirements that, in his
opinion, are unnecessary to further the purpose of this Title.
7. Erosion control and revegetation. All cut and fill surfaces
created by grading shall be planted with a ground cover that is of a
drought resistant, variety. Topsoils are to be stockpiled during
rough grading and used to cut and fill slopes. Cuts and fills along
public roads are required to be landscaped according to an approved
plan, as outlined in Section 47-3-5(4). All plant materials must be
approved by the Parks Department and Building Official prior to
subdivision approval.
8. Drainage.
(a) Adequate provisions shall be made to prevent any surface
waters from damaging the cut face of an excavation or any portion of a
fill. All drainage ways and structures shall carry surface waters
without producing erosion to the nearest practical street, storm drain
or natural water course approved by the City Engineer. The City
Engineer may also require drainage structures to be constructed, or
installed, as necessary to prevent erosion damage or to prevent
saturation of the fill or material behind cut slopes.
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(b) An excess storm water passage shall be provided for all
storm water storage areas. Such passage shall have capacity to convey
through the proposed development the excess storm water from the
tributary watershed. The capacity of such excess storm water passages
shall be constructed in such a manner as to transport the peak rate of
run-off from a 100 year return frequency storm assuming all storm
sewers are inoperative, all upstream areas are fully developed in
accordance with the City's current land use plan, and that antecedent
rain fall has saturated the tributary watershed.
(c) No buildings or structures shall be constructed within
such passage, however, streets, parking lots, playgrounds, park areas,
pedestrian walkways, utility easements and other open space uses shall
be considered compatible uses. In the event such passageway is
reshaped or its capacity to transport excess storm water is otherwise
restricted during or after construction, the Building Official or City
Engineer shall notify the agency, party or parties causing said
restriction to remove the same, and set a reasonable time for its
removal. If said parties refuse to or are unable to comply with said
order, the Building Official or City Engineer shall cause said
restrictions to be removed at the expense of said parties. Where a
proposed development contains existing natural drainage, appropriate
planning measures shall be undertaken or required to preserve and
maintain said natural drainage as part of the excess storm water
passage.
(d) Notwithstanding any other provisions of this ordinance,
whenever in the judgment of the Building Official or City Engineer a
condition occurs in a storm water storage area or passageway that
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creates a dangerous and imminent health and safety hazard, the
Building Official or City Engineer shall order such action as shall be
effective immediately or in the time and manner prescribed in the
order itself.
9. Surcharges shall consist of earth material and shall be
applied in such a manner as to have no effect on soil stability on
adjacent or neighboring properties.
10. No structure shall be located over a fault. Determination of
the appropriate setback distance from the fault shall be made using
the data compiled in the geological report as per Section 47-5-3 (2),
by the person or firm who prepared the geological report.
SECTION 47-5-7. SPECIAL CANYON SITE DEVELOPMENT STANDARDS. In
addition to other applicable site development procedures and standards
of this Title, due to the sensitive character of the natural
environment in canyons, the following minimum standards which may be
more restrictive shall apply to all development in those canyon areas
zoned Residential Canyon "R-lC" and Business Canyon "6-3C".
1. Hydrology.
(a) All development including subdivisions, planned or
grouped developments and commercial development shall meet the
drainage and flood control regulations established by the City
Engineer.
(b) No structures, cuts, fills, significant modification of
the terrain, hardsurfacing or any activity which would cause
deterioration of the natural terrain or vegetation shall be permitted
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within 100 feet of the streambank (defined as the mean high water
line), and said area shall be designated an undevelopable area.
(c) Additional undevelopable streamside areas containing
extremely severe physical conditions such as steep slopes, may be
declared undevelopable by the Planning Commission or Building Official
as required by the City Engineer to provide additional safety buffer
zones.
(d) Structures intended to bridge a stream shall be of a
design which meets the standards of the City Engineer.
2. Grading. (See also Section 47-5-6.)
(a) All excavated material shall be removed from the site or
placed behind retaining walls or otherwise replaced, recontoured and
revegetated.
(b) All cut and fill slopes shall be recontoured and
revegetated by the permittee in such manner as to blend with the
natural terrain as specified in this Title.
(c) No cuts or fills with a vertical height exceeding 15 feet
shall be permitted.
(d) Not more than 5 percent of a lot or POD site shall be
left with a slope steeper than the natural grade of the ground or
steeper than 20 percent, whichever is greater.
(e) The total area of all cuts and fills other than the
enclosed floor area of the structure(s) shall not exceed 10 percent of
the lot or PUD site.
(f) Public streets shall not traverse or disturb slopes of 30
percent or steeper.
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CHAPTER 6
INTERPRETATION, PERMIT PROCEDURE, APPEALS,
GROUNDS FOR DENIAL AND ENFORCEMENT ACTIONS.
SECTIONS:
47-6-1. Interpretation - Conflicts
47-6-2. Retention of Plans
47-6-3. Expiration, Renewals and Extensions
of Permit
47-6-4. Action by Planning Commission
47-6-5. Appeals
47-6-6. Grounds for Denial
47-6-7. Prohibited Activities
47-6-8. Permit or Approval Revocation
47-6-9. Property Owner Responsibility
47-6-10. Violations and Penalties
47-6-11. Severability
SECTION 47-6-1. INTERPRETATION - CONFLICTS.
1. Minimum requirements. In their interpretation and
application, provisions of this ordinance shall be held to be minimum
requirements, except where expressly stated to be maximum require-
ments. No intent is made to impair, or interfere with, any private
restrictions placed upon any property by covenant or deed; provided,
however, that where this ordinance imposes higher standards or greater
restrictions the provisions of this Title shall govern.
2. Application of most restrictive standard. Whenever any
provision of this Title or any other provisions of law, whether set
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forth in this Title or in any other law, ordinance or resolution of
any kind, impose overlapping or contradictory regulations over the
development of land, the most restrictive standards or requirements
shall govern.
SECTION 47-6-2. RETENTION OF PLANS. Plans, specifications and
reports for all site development submitted to Salt Lake City for
approval shall be retained by Salt Lake City.
SECTION 47-6-3. EXPIRATION, RENEWALS AND EXTENSIONS OF PERMIT.
Every site development permit or approval shall expire by limitation
and become null and void if the work authorized by such permit has not
been commenced within one hundred and eighty (180) days, or is not
completed within one (1) year from date of issuance. Extensions and
renewals under Chapters 4 and 5 shall be governed by Section 303 of
the Uniform Building Code. However, the Building Official may not
approve any modification to approved plans without prior approval of
the Planning Commission conducted under Section 47-6-4.
SECTION 47-6-4. ACTION BY PLANNING COMMISSION.
1. Consideration of application or plans. Whenever the Planning
Commission's review and/or approval of proposed plans or applications
involving site development activities is required under this Title,
the matter shall be placed on the Planning Commission's agenda at a
regularly scheduled meeting. Said meeting shall be conducted in
conformance with the applicable requirements of the Open Meetings Act.
A copy of said agenda may be sent to the applicant, subdivider/
developer, and to each adjacent property owner of record as a
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courtesy. Failure to mail or receive such notice shall not be a fatal
defect. In its discretion, the Planning Commission may also set and
hold a special hearing on the pending application where the public and
interested parties may have an opportunity to offer testimony. In
such an event, notices of the public hearing shall be sent at least
seven (7) days prior to the date of the hearing by the Planning
Department to parties specified above, together with such other
additional property owners or parties as the Director, in his
discretion, may believe to have a substantial interest in, or be
substantially affected by the proposed work. The Planning Commission
may also direct that the notice of the public hearing be advertised by
publication.
2. Action upon application. Upon completion of a hearing, if
required, and after consideration of the application, recommendations
of the City Engineer, Building Official or Planning Director and
evaluation of compliance with the provisions of this Title, the
Planning Commission shall:
(a) Upon a finding that the plan as it stands, or with minor
modifications, can comply with the provisions of this Title.
(1) Approve the application as submitted, or
(2) Approve a modified plan imposing such reasonable terms
or conditions as may be deemed necessary to substantially secure the
objectives of this Title; or
(b) Upon a finding that the work proposed by the application
is contrary to the purposes or provisions of this Title or factors
set forth in Section 47-6-6. as grounds for denial, the Planning
Commission shall disapprove the application for a site development
permit or approval.
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3. Notice of decision - appeal. Applicant shall be informed by
letter of the Planning Commission's action. Said action is subject to
administrtive appeal within thirty (30) days of the date of such
written notice as provided in Section 47-6-5.
SECTION 47-6-5. APPEALS.
1. Time limitation for notice of appeal. Any applicant
aggrieved by a determination of any administrative official may appeal
such determination to the Planning Commission by filing a written
notice of appeal with the Planning Commission secretary within thirty
(30) days after date of the notification of the administrative
official's determination. Any applicant aggrieved by a determination
of the Planning Commission may appeal such determination to the Mayor
by filing a written notice of appeal with the City Recorder within
thirty (30) days after date of notice of the Planning Commission
determination. The City Recorder shall then schedule the matter for
hearing before the Mayor. Said hearing shall be scheduled at least
ten (10) days prior to the date of hearing to enable the City Recorder
to give ten (10) days notice by mail to the Planning Commission,
applicant, and any interested party who has submitted for such purpose
a self-addressed, stamped envelope. Advertised publication of the
Notice of Hearing is not required. The administrative decision of the
Mayor shall be final and shall be reduced to writing and mailed to the
applicant and Planning Commission.
2. Effect of administrative appeal. In the event of a notice of
an appeal pursuant to the provisions above, the effect of such filing
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of the notice shall act to stay any and all further action and work
pending the determination of the matter on administrative appeal.
3. Nature of hearing. Appeal of an administrative determination
shall be a de novo proceeding before the Planning Commission. A
further appeal of the Planning Commission's decision before the Mayor
is not a de novo proceeding. The administrative appellate review
focus of the Mayor should be to objections, exceptions, or alledged
errors in the action of the Planning Commission, which were
unreasonably related to the application or plans before it. Based on
the Mayor's administrative findings, the Mayor may affirm, reverse, or
otherwise modify the decision of the Planning Commission and may
impose as conditions to approval such conditions as are deemed
reasonably necessary to secure the objectives and compliance with the
provisions of this Title. The Mayor shall reduce his action upon the
administrative appeal to writing within thirty (30) days of the date
of the hearing. Should the Mayor fail to render his decision upon the
application within such thirty (30) days, the action of the Planning
Commission shall be deemed to be affirmed.
4. Judicial relief - time limitation. Any person seeking
judicial review of the Mayor's action by certioari must file an
appropriate petition for judicial review with a court of competent
jurisdiction within thirty (30) days of the date of the Mayor's
decision.
SECTION 47-6-6. GENERAL GROUNDS FOR DENIAL. Factors, in
addition to deviation from provisions of this Title, which may be
grounds for denial of a site development permit or approval shall
include, but not be limited to:
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1. possible or potential saturation of fill and/or unsupported
cuts by water (both natural and/or domestic);
2. run-off surface waters that produce unreasonble erosion
and/or silting of drainage ways;
3. subsurface conditions (such as rock strata and faults, soil
or rock materials, types of formations, etc.) which when disturbed by
the proposed site development activity, may create earth movement
and/or produce slopes that cannot be landscaped; and/or
4. result in excessive and unnecessary scarring of the natural
landscape through grading or removal of vegetation.
SECTION 47-6-7. PROHIBITED ACTIVITIES.
1. Removal of Topsoil. It shall be unlawful to remove topsoil
for purposes of resale when unrelated to a bonafide purpose of site
development contemplated under this Title. The provisions of this
Title shall not be construed as permitting the removal of topsoil
solely for resale.
2. Nuisance. It shall be unlawful to create or maintain a
condition which creates a public or private nuisance. After notice by
the City, owners shall be strictly responsible to take any necessary
action to correct or abate such nuisance. Further, this Title shall
not be construed to authorize any person or owner to create or
maintain a private or public nuisance upon real property, and
compliance with the provisions of this Title shall not be a defense in
any action to abate such nuisance.
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SECTION 47-6-8. PERMIT OR APPROVAL REVOCATION.
1. Hearing required. In the event the Building Official or the
City Engineer requests that a site development permit or approval be
permanently suspended or revoked, they shall formally request a
revocation hearing before the Planning Commission in compliance with
the following procedures:
(a) Request. The request shall specify the grounds for
complaint or details of deviation with terms and conditions of the
approval that justify the proposed permit or approval revocation or
suspension.
(b) Public Hearing. The Planning Commission shall hold a
formal hearing to consider requests and recommendations for permanent
revocation or suspension of permits at the next regularly scheduled
meeting of the Planning Commission, at which service of the required
notice can be satisfied.
(c) Notice. The Planning Commission shall cause notice of
the time and place of the scheduled hearing to be prepared. Such
notice shall be delivered by certified mail or personal service upon
the permittee at least five (5) days prior to the date set for the
hearing. At any such hearing, the permittee shall be given an
opportunity to be heard, and he may call witnesses and present
evidence on his behalf. Upon conclusion of such hearing, the Planning
Commission shall determine whether or not the permit shall be
suspended or revoked, and any necessary or appropriate
conditions which must be satisfied prior to the renewal or extension
of said permit, including any necessary corrective measures to be
completed as provided in (2) below.
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2. Planning Commission determination. Upon the conclusion of
the required hearing and its deliberations thereon, should the
Planning Commission find that the permittee or his agents have
violated the terms of the permit or provisions of the Title, have
conducted or desire to carry out such site development activity in
such a manner which unreasonably adversely affects the health, welfare
or safety of persons residing or working in the vicinity of the site,
or have caused the same to be done, the Planning Commission may, as it
deems appropriate;
(a) require necessary corrective measures to be undertaken
and completed at permittee's expense;
(b) require reimbursement to City for unusual costs incurred
by the necessitation of enforcement action including costs of
inspections, mailings, expert technical assistance, etc.;
(c) continue suspension of all work contemplated or
associated with the permit permanently until corrective requirements
and/or original conditions are satisfied;
(d) and/or if circumstances of work conducted have resulted
in factors which would have been grounds for denial of the permit, the
Planning Commission may order such necessary actions as required to
restore the site insofar as possible, to the pre-existing conditions,
and revoke the site development permit. If so revoked, and where
appropriate, the Planning Commission may preclude acceptance of any
site development application for the same site for a period not to
exceed twelve months.
3. Appeal. The decision of the Planning Commission on a request
for permanent suspension or revocation of a site development permit or
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approval under this Title may be appealed by the permittee, Building
Official or City Engineer to the Mayor as provided in Section 47-6-5.
SECTION 47-6-9. PROPERTY OWNER RESPONSIBILITY. Property owners
are responsible to maintain their property in a safe, nonhazardous
condition and to otherwise comply with the provisions of this Title
and applicable ordinances. Failure of city officials to observe or to
recognize hazardous or unsightly conditions, or to recommend denial of
the site development permit, or the action of the Planning Commission
in denying or approving said permit, shall not relieve the permittee,
or property owner from responsibility for the condition or damages
resulting therefrom. Nor shall such action result in the City, its
officers or agents, becoming responsible or liable for conditions and
damages resulting therefrom.
SECTION 47-6-10. VIOLATIONS AND PENALTIES.
1. Violation of Title. It shall be unlawful for any person to
construct, enlarge, alter, repair or maintain any grading, excavation
or fill, or cause the same to be done, contrary to or in violation of
any provisions of this Title.
2. Obstruction prohibited. It shall be unlawful for any person
to willfully or carelessly obstruct or injure any public right-of-way
by causing or permitting earth or rock to slump, slough or erode off
private property onto the public right-of-way.
3. Flooding. It shall be unlawful for any person to willfully
or carelessly obstruct or injure any public right-of-way by causing or
permitting flow or seepage of water, or by willfully or carelessly
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causing or permitting water under his/her control, possession or
supervision to escape in any manner so as to injure any street or
public improvement.
4. Misdemeanor penalty. Any person violating any of the
provisions of this Title shall be deemed guilty of a misdemeanor and
each such person shall be deemed guilty of a separate offense for each
and every day or portion thereof during which any violation of any of
the provisions of this ordinance is committed, continued, permitted or
maintained. Upon conviction of any such violation, such person or
party may be imprisoned for a period not exceeding six (6) months or
be fined in the amount not exceeding two hundred ninety-nine dollars
($299) if the party is an individual, or the greater amount of two
thousand dollars ($2,000) in the event the party is a corporation,
association, or partnership, or be both so imprisoned and fined.
SECTION 47-6-11. SEVERABILITY.
1. Severability. If any section, subsection, sentence, clause
or phrase of this Title is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Title. The City Council hereby declares
that it would have passed this Title and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any
one or more of the sections, subsections, sentences, clauses or
phrases hereof be declared invalid or unconstitutional.
2. Limitation to applied facts. If the application of any
provision or provisions of this Title to any person, property, or
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circumstances is found to be unconstitutional or invalid or ineffec-
tive in whole or in part by any court of competent jurisdiction, or
other competent agency, the effect of such provision shall be limited
to the person, property or circumstances immediately involved in the
controversy, and the application of such provision to other persons,
properties and circumstances shall be unaffected unless the court
specifically rules otherwise.
CHAPTER 7
ENERGY EFFICIENT DESIGN INCENTIVES
(Reserved)
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