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70 of 1975 - establishing Title 47 - Site Development. MULL 1.../ALL VOTING Aye Nay Salt Lake City,Utah, Tu1y 3 ,19 75 Mr.Chairman / I move that the Ordinance be pass Greener ✓ / Harmsen ✓ /,� maw 6 / Phillips l AN ORDINANCE } . Pk Result z , AN ORDINANCE AMENDING the Revised Ordinances of Salt Lake City, Utah, 1965, by adding thereto a new Title 47, relating to site development. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That the Revised Ordinances of Salt Lake City, Utah, 1965, be, and the same hereby are, amended by adding thereto a new title to be known as Title 47, relating to site development, to read as follows: CHAPTER 1 GENERAL PROVISIONS Sections: 1. Title 2. Authority 3. Applicability 4. Purpose 5. Interpretation of site development ordinance Sec. 47-1-1. Title. The ordinance contained in this title shall be known and may be cited as Title 47, "Site Development Ordinance of Salt Lake City, Utah." Sec. 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. Sec. 47-1-3. Applicability. The provisions of this ordinance shall apply to all site development within Salt Lake City; how- ever, a permit shall be required only for those types of develop- ment set forth in Section 47-3-1. Sec. 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 and flooding, to main- tain a superior community environment, and to provide for the con- tinued orderly growth of the city, and to insure the maximum pre- servation of the natural scenic character of major portions of the city by establishing minimum standards and requirements re- lating to land grading, excavations, and fills, and procedures by which these standards and requirements may be enforced. It is in- tended 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. 70 -2- (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 in- tended 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. Sec. 47-1-5. Interpretation of site development ordinance. (1) In their interpretation and application, provisions of this ordinance shall be held to be minimum requirements, except where expressly stated to be maximum requirements. 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 upon the development of land than are imposed or required by such private restrictions, the provisions of this ordinance shall govern. (2) Whenever any provision of this ordinance or any other provisions of law, whether set forth in this ordinance or in any other law, ordinance or resolution of any kind, impose over- lapping or contradictory regulations over the development of land, the provision imposing higher standards or requirements shall govern. CHAPTER 2 DEFINITIONS Sections: 1. Definitions 2. Building permit 3. Certify or certification 4. City engineer 5. Cubic yards 6. Driveways 7. Engineering geologist 8. Excavation 9. Existing grade 10. Fill 11. Grading 12. Parcel 13. Permittee Sec. 47-2-1. Definitions. For the purposes of this ordinance, certain terms used herein are defined as set forth below: Sec. 47-2-2. Building permit. "Building permit" shall mean a permit issued by Salt Lake City for the construction, erection or alteration of a structure or building. Sec. 47-2-3. Certify or certification. "Certify or certi- fication" shall mean that the specific reports, inspections and tests that are required have been performed, and that such reports, inspections and tests comply with the applicable requirements of this ordinance. Sec. 47-2-4. City engineer. "City engineer" shall mean the city engineer of Salt Lake City. '70 -3- Sec. 47-2-5. Cubic yards. "Cubic yards" shall mean the volume of material in an excavation and/or fill measured by the method of "average and areas". Sec. 47-2-6. 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. Sec. 47-2-7. 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 geo- logical data, techniques, and principles to engineering problems dealing with ground water and naturally occurring rock and soil, for the purpose of assuring that geological factors are recognized and adequately interpreted and presented. He must be a registered engineer of the State of Utah. Sec. 47-2-8. Excavation. "Excavation" shall mean any act by which vegetation matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the condi- tions resulting therefrom. Sec. 47-2-9. Existing grade. "Existing grade" shall mean the actual attitude of the ground surface before excavation or filling. Sec. 47-2-10. 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 loca- tion and shall include the conditions resulting therefrom. Sec. 47-2-11. Grading. "Grading" shall mean excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill. Sec. 47-2-12. Parcel. "Parcel" shall mean all contiguous land in one ownership, provided, however, each lot conforming to the zoning ordinances of Salt Lake City in a subdivision may be considered to be a separate parcel. Sec. 47-2-13. Permittee. "Permittee" shall mean any person, to whom a site development permit is issued. Sec. 47-2-14. Person. "Person" shall mean anyperson, firm or corporation (public or private), the State of Utah and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, and any agent, servant, officer or employee of any of the foregoing. Sec. 47-2-15. Planning director. "Planning director" shall mean the Planning Director of Salt Lake City. Sec. 47-2-16. Removal. "Removal" shall mean killing vegetation by spraying, complete extraction, or cutting vegetation to the ground, trunks, or stumps. Sec. 47-2-17. Site. "Site" shall mean a lot or parcel of land, or a contiguous combination thereof, where grading work is per- formed as single unified operation. Sec. 47-2-18. Site development. "Site development" shall mean altering terrain and/or vegetation. 70 -4- Sec. 47-2-19. Soils engineer. "Soils engineer" shall mean a registered civil engineer of the State of Utah, specializing in soil mechanics and foundation engineering, familiar with the appli- cation of the principles of soils mechanics in the investigation and analysis of the engineering properties of earth material. Sec. 47-2-20. 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. CHAPTER 3 PROCEDURES Sections: 1. General 2. Application 3. Consultants 4. Granting permit 5. Denial of permit 6. Responsibility 7. Retention of plans 8. Inspections Sec. 47-3-1. General. No person shall commence or perform any grading in excess of the limits specified below without first obtaining a site development permit. A separate site development permit shall be required for each site on which grad- ing is to be done as specified in subsection one (1) of this sec- tion. (1) A site development permit shall be required in all cases where development comes under any one or more of the following provisions unless such work is otherwise exempted elsewhere in this ordinance. (a) Excavation, fill or any combination thereof exceed- ing one thousand (1000) cubic yards. (b) Fill exceeding five (5) feet in vertical depth at its deepest point measured from the adjacent undisturbed ground surface. (c) An excavation exceeding five (5) feet in vertical depth at its deepest point. (d) An excavation, fill or combination thereof, exceeding an area of one (1) acre. (e) When vegetation is to be removed from an area in excess of one (1) acre. (2) A site development permit shall not be required in the following cases: (a) Excavations below finished grade for septic tanks and drain fields, tanks, vaults, tunnels, equipment basements, swimming pools, cellars, or footings of buildings or structures for which a building permit has been issued by the city. (b) Excavation or removal of vegetation within property owned by public utility companies or within public utility easements by public utility companies. (c) Site development under an agreement with Salt Lake City pursuant to requirements placed on the filling of a subdivision application. -5- (d) Removal of vegetation as a part of the work authorized by an approved building permit. (e) Tilling of soil or cutting of vegetation for agricul- tural or fire protection purposes. (f) Commercial quarries operating in appropriate industrial zones as provided for in the Salt Lake City Zoning Ordinance. (g) Engineered interior fills or surcharge on the property with respect to industrial development. (h) Items not covered by this ordinance which are exempted from requiring permits by the Salt Lake City Zoning Ordinance and building code. Sec. 47-3-2. Application. Each application for a site develop- ment permit shall be made by the owner of the property or his authorized agent to the Planning Commission on a form furnished for that purpose. (Such application shall be accompanied by the items specified in this section unless the Planning Director finds them un- necessary to insure compliance with the provisions of this ordinance). When grading, or vegetation removal is proposed as a part of a building permit application, the building permit application and site development permit application may be combined, and one plot plan, in the number of copies required by the Planning Commission, may be submitted showing building plans and site development plans. In such instances, certification shall be required as to the accuracy of the existing and proposed contour lines. The ap- plication shall include: (1) A plot plan of the property drawn to scale in three (3) copies showing: (a) Location of existing and proposed buildings or structures on the applicant's property. (b) Location of all existing and proposed streets, roadways, driveways, easements and right-of-ways contiguous to or adjacent to the proposed development site. (c) The present contours of the site in dashed lines and the proposed contours in solid lines. Contour intervals shall be not less than two (2) feet where slopes are predominantly five (5) percent or less, and five (5) feet where slopes are predominately steeper than five percent. Ninety percent of all contours shall be accurate within two (2) feet and all contours shall be accurate within four (4) feet. The source of topographical information shall be indicated. (d) 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. (2) The following information shall be provided in triplicate if requested by the Planning Director. (a) Details of any proposed drainage structures, cribbing, terraces and/or surface protection, not including vegetation cover, required as a result of grading and required for the support of adjoining property. (b) Grading plan. (c) Profiles or cross sections. (d) Drainage calculations. !0 -6- (e) Soils data including a report from a registered soils engineer, engineering geologist, or other qualified person. (f) Statement of the estimated starting and completion dates for the grading work proposed and any landscape work that may be required. (g) Landscape plans for the site, and if appropriate, in- formation relating to the landscaping on adjacent or sur- rounding 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 theareas to be landscaped with special emphasis on (a) soil prep- aration, plant material and methods of planting and (b) initial maintenance of the 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 pur- poses of this ordinance. All such plans shallbear the name of the person responsible for the preparation of the plan. (h) Such other information as shall be required by the Planning Director. Sec. 47-3-3. Granting permit. To further the specific pur- poses of this ordinance as set forth in Sec. 47-1-4, the following procedures are established: (1) Where the aggregate volume of grading material on any site or contiguous group of sites is in excess of one thousand (1000) cubic yards, or the proposed cuts and fills exceed five (5) feet at their maximum point, or where approval is needed to remove vegetation as required by this ordinance, the following procedures will be adhered to: (a) The application shall be referred to the City Engineer and Planning Director for review. (b) Following such review, the City Engineer and Planning Director shall prepare and forward reports with recommenda- tions to the Planning Commission (c) The Planning Commission may hold a hearing on the application for the proposed site development permit, and before holding such hearing shall send notices to the site developer, each adjacent property owner and to such other additional owners as, in the opinion of the Planning Director may be substantially affected by such grading operations. (d) Upon completion of the hearing, if required, and after consideration of the recommendations of the City Engineer and Planning Director, the Planning Commission shall: 1. Approve the application as submitted. 2. Approve the application with such reasonable conditions as may be deemed necessary to secure substantially the objectives of this ordinance. -7- 3. Disapprove the application for the site development permit. (e) Failure of the Planning Commission to make a deter- mination upon the approval, conditional approval or disap- proval of the application for a site development permit with- in thirty (30) days after receipt of all necessary information for such action will constitute an approval of the application unless such time is extended by the Planning Commission sub- sequent to authorization to do so by the City Commission. (2) No site development permit shall be issued for an in- tended building site unless: (a) Such permit is accompanied by or combined with suf- ficient information enabling a building permit to be issued in conformance with the provisions of the City Ordinances. (b) The proposed grading is coordinated with any overall grading plan previously approved by the City for the area in which the site is located. Sec. 47-3-4. Denial of permit. When, in the opinion of the City Planning Commission, the Planning Director, the work as pro- posed by the applicant is contrary to this ordinance, the site development permit shall be denied. The applicant may appeal such denial as provided in Sec. 47-5-5, "Appeals". Factors to be con- sidered in the denial shall include, but not be limited to, pos- sible saturation of fill and unsupported cuts by water, both natural and domestic; run-off surface waters that produce erosion, and silting of drainage ways; sub-surface conditions such as the rock strata and faults, nature and type of soil or rock that when dis- turbed by the proposed grading may create earth movement and pro- duce slopes that cannot be landscaped, and excessive and unnecessary scarring of the natural landscaped through grading or removal of vegetation. Sec. 47-3-5. Responsibility. Failure of city officials to observe or recognize hazardous or unsightly conditions, or to recommend denial of the grading permit, or of the Planning Com- mission to deny said permit, shall not relieve the permittee from responsibility for the condition or damages resulting therefrom, and shall not result in the City, its officers or agents, being responsible for the conditions and damages re- sulting therefrom. Sec. 47-3-6. 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. Sec. 47-3-7. Inspections. The Planning Director, with as- sistance from the City Engineer, shall make the inspections herein- after required and shall either approve that portion of the work completed or shall notify the permittee wherein the same fail to comply with this ordinance. Where it is found by in- spection that conditions are not substantially as stated or shown in the site development permit application, the inspector may stop further work until approval is obtained for a revised grading plan conforming to the existing conditions. (1) Plans for grading work, bearing the stamp of approval of the Planning Commission, shall be maintained at the site during the progress of the grading. Until the final inspection is made, a card issued by the City indicating permission to grade has been granted shall be prominently displayed near the front property line of the property involved so as to be visible (0 -8- from the street on which the property fronts. In order to ob- tain inspections, the permittee shall notify the City at least twenty-four (24) hours before said inspection is to be made. Inspections shall bemade: (a) Before commencement of grading operations, and after required construction stakes have been set. (b) When all rough grading has been completed. (c) When all work, including installation of all drain- age and other structures and required planting has been completed. (2) All structures required by this ordinance and requiring building permits shall be inspected by the Building Inspector in accordance with procedures established by the Uniform Building Code, as adopted by Salt Lake City; provided however, that no building permit for such structures shall be issued until the Planning Commission, and Planning Director have issued a site development permit for the building site or have deter- mined that a site development permit is not required by this ordinance. CHAPTER 4 STANDARDS AND SPECIFIC REQUIREMENTS Sections: 1. Applicability 2. Hours of operation 3. Dust and dirt control 4. Slopes 5. Fill material 6. Drainage 7. Finished cuts and slopes 8. Back filling 9. Compaction of fills 10. Erosion control and landscaping 11. Tilling for agricultural and fire protection purposes 12. Site development certificate 13. Special precautions 14. Excavations 15. Fills Sec. 47-4-1. Applicability. All grading and grading opera- tions shall comply with the requirements set forth in this chapter in addition to other requirements of this ordinance. Sec. 47-4-2. 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 Planning Director 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. Sec. 47-4-3. 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 dust conditions. Sec. 47-4-4. Slopes. The Planning Directormay require the slope of a cut or fill be made more level if it is found -9- that the material being cut or the fill is usually subject to erosion, or if other conditions make such requirements necessary for stability. The Planning Director may permit steeper slopes where the material being cut is unusually stable. Sec. 47-4-5. 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. Sec. 47-4-6. Drainage. Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or any pnetion of a fill. All drainage ways and structures shall carry surface waters without producing erosion to the nearest practical street, storm drain or naturalwater course approved by the City Engineer as a safe place to deposit and re- ceive such waters. The City Engineer may require such drainage structures to be constructed, or installed, as necessary to pre- vent erosion damage or to prevent saturation of the fill or material behind cut slopes. Sec. 47-4-7. Finished cuts and slopes. The exposed or fin- ished cuts or slopes of any fill or excavation shall be smoothly graded. All exposed slopes of any cut or fill shall be protected by approved planting, crib walls or walls and planting, terrac- ing, or a combination thereof. Graded surfaces exceeding an area of five thousand (5000) square feet shall be treated as pro- vided in Section 47-4-10. Sec. 47-4-8. Back fillings. Any pipe trench or other trench- ing or excavation made in any slope of an excavation or filled site shall be backfilled and compacted to the level of the sur- rounding grade. Sec. 47-4-9. Compaction of fills. Unless otherwise directed by the Planning Director, all fills, governed by this ordinance, intended to support buildings, structures, or where otherwise re- quired 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. (2) The fill shall be spread in a series of layers, each not exceeding six (6) inches in thickness, and shall be compacted by sheepsfoot roller or other approved method after each layer is spread. (3) The moisture content of the fill material shall be con- trolled at the time of spreading and compaction to obtain required maximum density. (4) The fill material after compaction shall have a minimum dry density of not less than ninety (90) percent of maximum dry density in all portions of the fill requiring compaction, as determined by the AASHO Soil Compaction Test Method T99-57 or T180-57, or other testing method approved by the City Engineer and Planning Director. (5) A written report of the compaction, showing location and depth of test holes, materials used, moisture conditions, recom- mended soil bearing press'ie%des, and relative density obtained from all tests, prepared by a Civil Engineer or Soils Engineer licensed by the State of Utah shall be submitted to the Planning Director. �/Q -10- (6) The Planning Director 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 ordinance. Sec. 47-4-10. Erosion control and landscaping. All cut and fill surfaces created by grading except for fire break purposes shall be planted with a ground cover that is compatible with the natural ground covers in the City. Topsoils are to be stock- piled during rough grading and used on cut and fill slopes. When slopes too steep to support continuous ground cover have been permitted and in lieu thereof niches and ledges provided for planting, such slopes need not be planted with a continuous ground cover, but may instead b screened with vines and plantings. Cuts and fills along public roads may be required to be landscaped so as to blend into the natural surroundings. All plant materials must be approved by the Planning and Zoning Commission and Planning Director prior to issuance of a site development permit. Sec. 47-4-11. Tilling for agricultural and fire protection purposes. Tilling of the ground for agricultural or fire pro- tection purposes shall be accomplished with such practices as will prevent erosion and damage to natural drainage channels. Sec. 47-4-12. Site development certificate. If, upon final inspection of any grading (as specified in Section 47-3-8), it is found that the work authorized by the site development permit has been satisfactorily completed in accordance with the require- ments of this ordinance, and any other requirements imposed, a site development certificate covering such work, and stating that the work is approved, shall be issued to the permittee by the Planning Director. (1) The Planning Director shall have the power to revoke any site development certificate whenever it is found that the work covered by the certificate has been materially extended or altered without prior approval, or that any planting, retaining walls, cribbing, drainage structures, or other protective devices as shown on the approved plans and specifications submitted with the application for a permit have not been maintained in good order and repair. (2) Before such revocation, the Planning Director shall first give written notice to the owner of the property involved, specifying the defective condition and stating that unless such defective condition is remedied satisfactorily, the site develop- ment certificate may be revoked. If the defective condition is remedied to the satisfaction of the Planning Director, the cert- ificate shall not be revoked. Sec. 47-4-13. Special precautions. Cl) If, at any stage of grading, the Planning Director deter- mines 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 shall require,as a condition to allowing the work to be done, that such reasonable safety precautions be taken as is considered advisable to avoid likelihood of such peril. Such precautions may include, but shall not be limited to, specify- ing a more level exposed slope, construction of additional drain- age facilities, berms, terracing, compaction, or cribbing, in- stallation of plant materials for erosion control, and reports of 70 -11- a registered soils engineer and/or of an accomplished engineering geologist whose recommendation may be made requirements for further work. Such a requirement by the Planning Director shall constitute a change order in the work. (2) Where it appears that storm damage 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 prevail, the Planning Director 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. Sec. 47-4-14. Excavations. (1) No cut slope shall exceed a vertical height of one hundred (100) feet unless horizontal benches with a minimum width of thirty (30) feet are installed at each one hundred (100) feet of vertical height. (2) No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical. EXCEPTION: The Planning Commission, in case an appeal is made, may permit the excavation to be made with a cut face steeper in slope than two horizontal to one vertical if the applicant can reasonably show the Planning Director that the material making up the slope of the excavation and the under- lying bedrock is capable of holding satisfactorily on a steeper gradient. No slopes shall cut steeper than the bed- ding planes, fracture, fault or joints in any formation where the cut slope will lie on the dip side of the strike line of the fracture, bedding plane, fault or joint. 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. Where the excavation is exposed straight above the top of the cut which will permit the entry of water along bedding planes, this area shall be sealed with a com- pacted 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. If the material of the slope is on such compo- sition and character as to be unstable under the anticipated maximum moisture content, the slope angle shall be reduced to a stable value. Sec. 47-4-15. Fills. (1) No fill slope shall exceed a vertical height of one hundred (100) feet unless horizontal benches with a minimum width of thirty (30) feet are installed at each one hundred (100) feet of vertical height. (2) No fill shall be made which creates an exposed surface steeper in slope than two horizontal to one vertical unless the fill material is of such a nature that a one to one slope may be permitted with the permission of the Planning Director. EXCEPTION: The Planning Commission in case an appeal is made may permit a fill to be made which creates an exposed surface steeper in slope than two horizontal to one vertical if the applicant can reasonably show the Planning Director that the strength characteristics of the material to be used in the fill are such as to produce an equivalent degree 0 -12- of slope stability and sufficient strength character- istics to support the fill within reasonable settlement values so as to produce an equivalent degree of safety. CHAPTER 5 FEES, DEPOSITS, BONDS, APPEALS, EXCEPTIONS AND PENALTIES Sections: 1. Exceptions 2. Referral of proposed exception 3. Exception, approval by the Planning Commission 4. Revocation of permit 5. Appeals 6. Fees 7. Bonds 8. Expiration of permit 9. Prohibited activities 10. Violations and penalties 11. Constitutionality Sec. 47-5-1. Exceptions. The Planning Commission may authorize exceptions to any of the requirements and regulations set forth in this ordinance. Application for any exception shall be made by a verified petition of the applicant stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the site develop- ment permit application. In order for the land referred to in the petition to come within the provisions of this section, it is required that the Planning Commission find all of the follow- ing facts with respect thereto: (1) That the land is of such shape or size, or is affected by such physical conditions, or is subject to such title limita- tions of record that it is impossible or impractical for the subdivider to comply with all of the regulations of this ordinance. (2) That the exception is necessary for the preservation and enjoyment of a substantial property right by the petitioner. (3) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicin- ity of the subject property. Sec. 47-5-2. Referral of proposed exception. Each proposed exception shall be referred to the officers or agencies involved and such officers or departments shall transmit to the Planning Commission their recommendations, which recommendations shall be reviewed prior to the granting of any exceptions. Sec. 47-5-3. Exception, approval by the Planning Commission. The Planning Commission after public hearing thereon may, by resolution, approve the site development permit application with the exceptions and conditions it deems necessary or it may dis- approve such site development permit application and exception application or take such other action as is appropriate. Sec. 47-5-4. Revocation of permit. (1) In the event any person holding a site development permit pursuant to this ordinance violates the terms of the permit, or conducts or carries on said site development in such a manner as to materially adversely affect the health, welfare, or safety -13- of persons residing, or working in the neighborhood of the prop- erty of the said permittee, or conducts or carries on said site development permit, and a temporary suspension may be made effec- tive immediately upon notification by the Planning Director. (2) No site development permit shall be permanently revoked or suspended until a hearing is held by the Planning Commission. The permittee shall be notified in writing of such hearing and said notification shall state: (a) The grounds for complaint or reasons for the revoca- tion or suspension, in clear and concise language. (b) The time and place such hearing is to be held. Such notice shall be served by registered mail or personal service on 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. In the event the determination is to suspend or revoke the permit, the permittee may appeal the decision to the City Commission in the manner provided by law. (c) The Planning Commission shall hold the hearing to consider recommendations for revocation or suspension of permits which have been temporarily suspended at the next regularly scheduled meeting of the Planning Commission at which all conditions of paragraph two of this section can be fulfilled. Sec. 47-5-5. Appeals. Any applicant aggrieved by a deter- mination of any administrative official may appeal such deter- mination to the Planning Commission by filing a written notice of appeal with the Planning Commission secretary within thirty (30) days after receiving notification of the administrative official's determination. Any applicant aggrieved by a determination of the Planning Commission may appeal such determination to the City Commission by filing a written notice of appeal with the City Recorder within thirty (30) days after receiving notice of the Planning Commission determination. The City Recorder shall then place the matter on the next open agenda for hearing at a regularly scheduled meeting. Sec. 47-5-6. Fees. Filing fees and deposits for services shall be as set by the City Commission. Sec. 47-5-7. Bonds. The applicant may be required to file with the City Recorder a faithful performance bond or other im- provement security satisfactory to the City Attorney in the amount deemed sufficient by the Planning Director to cover all costs of improvements, engineering, and inspection fees, incident- al expenses, landscaping and maintenance of landscaping for such periods as specified by the City. Sec. 47-5-8. Expiration of permit. Every site development permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced with- in one hundred and eighty (180) days, or is not completed within one (1) year from date of issue; except that the Planning Director may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits, grant a reasonable extension of time if written application is made beforethe expiration date of the permit. -14- Sec. 47-5-9. Prohibited activities. (1) The provisions of this ordinance shall not be construed as permitting the removal of topsoil soley for resale, or of permitting quarrying of any nature within the limits of the City of Salt Lake. (2) This ordinance shall also not be construed as authorizing any person to maintain a private or public nuisance upon their property, and compliance with the provisions of this ordinance shall not be a defense in any action to abate such nuisance. Sec. 47-5-10. Violations and penalties. No person,firm or corporation shall 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 ordinance. Cl) Any person, firm or:corporation violating any of the pro- visions of this ordinance"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 viola- tion of any of the provisions of this ordinance is committed, continued, or permitted, and upon conviction of any such viola- tion such person shall be'punishable by a fine of not more than two hundred ninety-nine dollars ($299), or by imprisonment for not more than six (6) months, or by both such fine and impris- onment. (2) The Planning Director shall be, and is empowered to in- vestigate and make reports to the Planning Commission on any violations of this ordinance. The Planning Commission, if it determines that a violation exists, may recommend that legal action be taken by the City Commission. Sec. 47-5-11. Constitutionality. If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Commission hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. Sec. 47-5-12. All ordinances and regulations of Salt Lake City inconsistent herewith are hereby repealed. SECTION 2. In the opinion of the Board of Commissioners it is nec- essary to the peace, health and welfare of the inhabitants of Salt Lake City that this ordinance become effective immediately. SECTION 3. This ordinance shall take effect upon its first pub- lication. Passed by the Board of Commissioners of Salt Lake City, Utah, this 3rd day of July , 1975 MAYOR a i .e /[%f i/ it ///': CITY RECORDER (SEAL) BILL NO. 70 of. 1975 Published July 29, 1975 '/0 • Affidavit of Publication of Salt take Utah1965, raddeg MNetaanewiTitle 47,E en07sedOing rdinances lose velopmeM-City. Be It ordained by the Board'al Commissioners of Salt Lake City,Ulan SECTION d That the Revlsed'dainances of Salt Lake City,Wan,1965,he, and the same hereby are,amended by adding thereto a new fide to be known a, Titled),relating r0,5ire development,to read as follows CHAPTER GENERAL PROVISIONS • 5ecfions. " -2.Authority a,a ryes dl iv • Sharon Payne 5 herpes, Pr eofor he&erebpae cntainance ------- -' be cued astl Title 17,dSite oevelovnment this esof Salle Lae Cnr Ulan." se<-nOtat. t9Sl h.This groinisfu i,enactede.ct purelasaant to onto n Salt Being first duly sworn,deposes and says that he is legal adver- CoaeAp7.1-2.Authority. ThisThi ordinisce itiarenactedasunnt toTntof0, San eke City Master Plan Se,- 7,..Apntic9,oy.The n.pyspm 9f.15 0'699 r9 shau ,g 1p all usingclerk of the DESERET NEWS, a dailyexcept Sunday) site development within Salt Lake Clty;however.a permit snail be.required / P —J only tor those types of development sot forth in Section ahN. Sec.42,1.Porn.,This ordinance Is art.,.to promdre bumto safety and newspaper printed in the English language with general cir- Ihe general public welfare,10 protect property against lass from erosion,earth • nt and l tending,tomamrain a superior community environment,and to cum ion in Utah, and published in Salt Lake City, Salt Lake vide ffor the continued orderly growth of the city,and to Insure the maximum • non m the natural r character 9,malgr Portions or the r,ty by County,in the State of Utah. esf bllish'.minimum standards d requirements retell.to land grading, excavations. and tills, and procedures by which these standards and requirementsa be enforced. It Is intended that this ordinance be lSlme with ederelOpmen9 of and In annex°' That the legal notice of which a copy is attached hereto (U Insure that the o as to minion each sire m curs r i manner harmoniouserth won meet and IaMs so as r minimize problems of drainage,erosion,earth enr and similar hazards. movement that apm/c tarws aria peaces,adopt cgmt,a:..rreon,aria auwner Published lanes in roe a,y re wormed rrorn erosion,corm movement gr a.amaga an ordinance relating to site devel�ment hazards. (a)Insure that me pia n ping,design aria construction M all development will be done in a manner which povleea maximum safety and*Munn enloyment, a,except where icap r}v Intende otherwise,makes it as unobtrusive in as possible. the natural terrain as possible. —- (d)Insure,Insofar as practIcable,the maximum retention of natural vegetation am ds anar to aid in protection reser tanPn of the nat ural sc earls movement lit es of Ste'citther e. Sec.17,5.Interpretation of site development ordinance. Ol in their interpretation andateliaanon,provisions o,this ordinance shatl be held to be minimum requirements,extent where expressly stated to be is.No intent is made to impair,or interfere with,any howevestriictie 15 placed upon any property by covenant or deed;provided, er,that where this ordinance imposes higher standards or greater restrictions upon the development of land than are imposed or ate requred by restrictions,the Provisions of this ordinance shall govern. such(1)Wnencver any provision of this ordinance or any other provisions st law, whether set forth ie this ordinance or in any other law,ordinance or resolution f any kind,impose overlapping or contradictory regulations over the of any of land,the provision imposig higher standards or requirement, shall govern.. CHAPTERI Za;TA • was published in said newspaper on Sections' I.Definitions flame permit - July 29, 1975 d.Certify or certification d.City engineer 5.Cubic Yards 7.Engineering geoktolsti B.Ex,srieo grade 9.Existing gr 10,FIII II.Grading 12.Parcel 13.Permuted used elm a:Definitions. ai Per nni purposes o,this ordinance.cenaig term, Legal Advertising Clerk Sec.Coke Building Permit."Budding permit"shall mean a permit Issued by Salt Lake City fur the construction,erection or alteration of a structure or bpi Sec. CerthySep. ific3-e000lS o icerrctiens on."Certify t at are certification"shallhoop that the r soecd. s, n inns and tests that are required Comply have been per-farmed.specific reports, sot rr ions dint tests conga with the applicable rcgLirements or this urElriance c 1st ,r....xrpvf.u. urea .vivvrro.Lu velure me this __ ____ day of August A•D. 19 75 , Notary Public My Commission Expires February 13, 1978 rl c.47-2:4.City engineer.-City engineer"shall mean trio city engineer or Sec <]_].g Granting permit.To lurtnpr the We of into Solt Lake City. Sc,c.4/2-5.Cubic yards."Conic yards"shall mean the volume of material In ordinance as sot for In in Sec�e procedures are established: excavation and/or fill measured by the method of"average In areas." (1)Where the aggregate]v r01 gradig material on any site Or air Sc 47.2•6.Driveway."Driveway"shall m to for Use by p of sites is in excess of one thousan.d(1,0001 cubic yards,or the vehicle traffic leading Iron a parking area or from ashousse,garage Or other proposed cuts a.fills exceed five(5)feet at their maximum point,Or where .structure,to a road or street needed to remove vegetation as required by This ordinance,the Sec.4A2-],Engineering geologist"Engineering gea rlst"Shan mean a following is will Sr adhere°to: grad..ii colour or engineering geology of an accredited unlversny,with (al The application shall be referred to Me City Engineer aid Planning five m e lull Yaars i professional post graduate experience In the. Director for review. more the geological sciences,of whih at east'twee lull years shall be (it)Following such review the City Engineer ape Planning Director shell n the field of a er Ina geology that nos required the appllcatbn of and forward reports with recommendations to the Planning wlogical data,techniques,and principles to engineering problems deae ci Commission. irh ground water and naturally occurring rock and sell,for Me purpose of to)The Planning Commission may hold a hearing On the amrlicanon for assortedthat geological factors are recognized and ade0uately interpreted and the proposed site development permit aria beforer000r-gsuch hearing Shan td He must he a registered engineer m the Stare of Utah. and nonres r0 the site developer,each adiaceni properly owner and to such nreSSeecc t)es Excavation. 'Excavation"shall mean any art be which order additional owners as,in the opinion of the Plaguing Director,may be e tion matter,earth,sand,gravel,rock or line other similar material knot substantially affected by such grading oPrarions into,dug,quarried,uncovered,removed,displaced,relocated Or bulldozed,a. IUJ Upon completion of the hearing,if required.and after consideration shall include the conditions resulting therefrom. of Me recommendations of the City Engineer and Planning Director,the 5er.47-2-9.Existing uraae."Existing grade"shad mean the actual altitude Planning Commission shall, of the around surface before ercavallIn Or lilting. Appr1 deceove In application as submitted. Sec,diem 0. III.'FIII"shall mean an arch,sand,gravel,rock or any 2.Approve the application with such reasonable conditions as may be 'her material which- deposit.,Par.,replaced.Pushed,dumped,putted. deemed necessary tip secure substantially the ebiec Ives of this transported Or moved be man to new location and shall include the conditions ordinance. resulting m.ing therefro 9.Disapprove the application for the site development permit. Sec. 1,2.11 Grading."Grading" hall mean excavation r fill or any le;Failur¢of the Planning Commission to make a determination upon combination theleof and shall include the conditions resulting from any the approval,conditionalapproval o disapproval of the ten application lor a excavation or fill. 1•development permit wt.thirty(301 days after receipt of all necessary Ox Stt. 1a12. Parcel. "Parcel" hall mean all contiguous land In on nformalimn for such action will constitute an approval of the application ship,provided,however,each lot Conforming m the zoning ordinances of authorization lime isby ty Me Planning Commission subsequent to salt La Lake City in a subdivision may he considered to be a separate parcel. nooisited to do soextended City be ssim. Sec. 7,3.Permit.."Permitted"shall mean any person r0 whom a site es No site development permit shall be issued for an intended building site development permit i'issued. unless: Suchpellet i comoanW by or rnbineo with soft Iclent Sec. 7-2-14. Person"shall moan any person,firmor.Oreeeatien information enabhnga buildi rv0 permit to be issued in Conformance with the (public or private),Person. State of Utah and Its agencies or political subdivisions, pro of the City Ordinances. and the United Stoles or America,Ifs agencies and instrumentalities,and any tot The proposed grading is co°r°inaled with any over all grading plan agent,servant,officer or employee of any of the foreguin0. ov by the City fir en the area In wench the site s located. Sec_4J-2-15.Planning director"Planning director"shall mean the Planning Sec.4l.g4 ed.Denial of permit When,in the opinion Of the City Planpin9 Director of San Lake City. Commission,red Planning Director,the work as proposed by the applicant is 47416. Removal. "Removal" shall mean klmng vegetation by contrary to this ordinance,the site ddo provided permit shall be denied.The spraying,complete extraction,or cutting vegetation to the ground,trunks,or nolicant may ap al such denial as p ided Sec.47-S5, Appeals." ps. F-act_ors to considere In he denial shell Include,but not be limited to, S.47.S-01.Site."sae"shall mean a lot or parcel of land,or a contiguous' ssble saturation of fill and unsu Ported curs by wafer,both natural and oomhiindatlon fhereot,where grading work is peerformed as single unit led domestic:run-oft surface wafers that produce erosion,and silting of drainage cerati n, g.see development."Ode development"snag mean altering ways:subsurface conditions such as Me rock strata and fauns,natureaod type r end/or amuel m i0n. fsoiil or rock that when disturbed by the the proposed grading,may create terrain d]2-19.Sotoo engineer."boils engineer"shall Mean a registered civil earthmovement and produce slopes that cannot Ile landscaped and excessive engineer of me Stale of Utah,specializing in soil mechanics and foundation antl unlaces-drip scarring of the natural Innds¢ape through eratling or removal eering,familiar with.ao,.,licationof the Principles of soils mechanics in of vegClannn the investigationand analysis of the engineerinyornperhes of earth material. S'rdOus or unsResightly l 0,Failure to ryecoolmmmen drtttdl of the recognize Sec.a-2.2U,Vacant."Vacant"shallm land on Which there 0°C n permit,or of M1ny Itionz,or far e n Genial shall ieveihe ructures oronlY structures which are sec0ndary to the use or maintenance°, perni,rraroforn P resnpond.Ip oi thtleco llI per nit.damages relieve the the land itself. rreitee from 1bresu for or i condition is damagesresulting lesponpnl,and snail iti issue in the Cris,its there'.orans. rng CHAPTER] responsible tor the Retention Plans.and damages eCificind therefro .a PROCEDURES develo 4]nt Retention of tLaPlans,sreapproval s and reports for all site Sections' development submitted to Salt Lake City(M approval shall DC retained by Salt 2.Application lake City_ R.APnlicatinn Sec.0-1].snail make The Planning hereinafter required assistance from her 3.Granting permit City Engineer,shall make the Inspections Nt re'ntalter required aid shall either Denial of permit rave than portion of thew k conmlofed or shall notify Me r 'tee 5.Responsibility wherein the same fail to comply with this ordinance.Where Is found by 6.Retention of glens inspection that conditions are not substantially as stared or shown In the.sire .Retention Inspections development permit application,the inspector may top further work until pal is obtained for a revi M grading plan conforming to the existing Sec.`);1.General.tlr person shall commence or perform any grading in conditions. PlanS for grading work,bearing the stamp of approval of me Planning excesshe l nmtifs specified below without first OOtaining a sire development Conrlssion,shall be maintained at the site during the progress m the grading. uni of separate sire development permit shall be required for each site on Until the final inspection is made,a card issued by the City indicating which grading is to 00 pone ass0Cci fled in subsection one(11 of this section. permission to evade has been granted shall be prominently displayed near the fU A site development permit span he required in all cases Mere front property!inept t ed the seas tone visible from the street on development conies under any one or more of the folowing provisions unless wince the property fronts.In other to obtain insPecilons.the pekmemr shall .,itch work Is otherwise exempted elsgwltere In this ordinance. notify the City at least iwenryfour(24)hours before saki inspection is to be: fat Excavation,till or any combination thereof exceeding one thousand mane.Inspections shall en made: (I,Ogal`lib'000ned (a)Before commencement of gradng operations and after required (b)Fill exceeding five(51 foot in vertical depth at its deepest p°'nr p stl When stakes have been set_ measured horn the adjacent ealoverbed ground surface. • construction all rough grading has�_n completed. meld An excavation exceeding live 011ce1 in vertical tlOpM ar its deepest lc)When all work,including installation of an drainage and other ouinf_ structures and requiter planting.has been completed. fatAn excavation,tin exceeding or thereof,exceinn a area of one (2)All structures repaired by this ordinance ant requiring grinding permits 11'acre shall be Inspected by the Building Inspector in accordance with Procedures (el When vegetal.is to b0 removed Iron an area in excess of one(1) established by ere Uniform Building Code.as adopted by Salt lake eel, is`i n site aevelovment permit span not be required in the renewing cases: provided,however,that no...a permit for such structures shall bd issued (al Excavations het.,finished grade lot septic tanks and drain Ilelas, untie ne Planning Commission, melon,and Planning Director,have lied a r ranks,va Its,tunnels.enuipmenr easements.swooning pools,cellars,or development permit - bull0in9 site have determined roar Ste, footings or buildings or structures tar which a budding permit has been development permit is not required by this ordinance. s cd bythc city. CHAVToRI issued Os)Excavation or removal 0l vegetation within property Owned.Ptblir STANDARDS AND SPECIk IC REQUIREMENTS utility companies or within Public utility easements by public utility ed(ranics pa I.Appticabnify )Site development under an agreement vnth Salt Lake CllY pursuant t0 1.Hoursof operation requirements placed on 1.hilted of a r,orr of application. J.Dust and dirt C011r01 approved ec building of v ration as a part of the work authorized by an 4.Slopes v dbuidion permit. r.Fill material p1(e)Tilling of soil of cutting of vegetation for agricultural or fire 6.Drainage protine pwrrosas. ].Finished cuts and slopes d)Commercial a quarriesoperating in a industrial zones as 6.Back filling tat pro vie.for a the Sal Lake City Zoning ordinance.g e0.Erosion 00n of fats (sl tngneelop ent. rfillsor surcharge on Me properly with respect to 11.Erosfencentricandlal landscaping industrial development 12.Site d,ol agricultural certificate and rite Protection PurVosCs eon Ilpmpermits. not red by this ordinance Ordiichnance are a ine from 12 Site ial precarinicortilicore m'Is Lion.Sall Lake City Zoning Ordinance men,permicode. l3,Special HDns requiring by eowner of he chap rty orionhirotashedevagent the snail Excavations C mane by Me ownerlOr ofrn0000 inrY50 itsaose.(Such dhappictio shall ls.Fills accompanied c omnonte on a form furnished far trial purpose.unless(e h e Planning siren M Sec ]via.orrorlo sot to.All grading aria grad opemtiMs shall rOmplY niednnecesary to liner i compliane ihen Planning of 1mr ordinance. is set torten in inns cnanler in addi9ion mother requirements findsmnhenr h unnecessary Y to IneUm compliance l is the provisions or his of this.47. 2.H rdlnancgp When grading or v the uu it removal is proposed as a part sl a Sec. _ial neighborhoods Hours of sit alien.All grading opera h in or n00a. .to develod rime a poi ion, tm U er co permla one WO,n aria sue r emiate lanniDi snarl be carried waive this t isrrequirement quit operations I ofthoa.m.tip numb Mneepeit permit application may he combined,and one mot plan,i the ed sc e m.The Planning hours of of may waPte w.d unduly nr e f Is with the mbar of copbuilding required by the Pl anning enth mission,may be submitted by development sfr the M1rop of and it is w Id u duly boring wi a ros wowing dni ding laps old site evaccvn cv tans. 15 ngcn Instances, 000dldned ens Pmper1Y and it is showM1 that the neighboring Properties certification shall e he required as to the accuracy of the existing and Proposed would n an bead list adversely dirt con contour l inos.The the property shall Include: d Sec. - ].Dustlntloirtcontrol.Alleyl 005l rspillafanymanureseas be f))a plot Plano'tit eproper)v drawn Io scale bui three or stoicshowing: dampenedto suitably Equipment, to prevent ands or ways o 0t eery streets be Ilan Location of existing and proposed buildings or structures on the a enf eateries Eo to ca xe matelias and hie annoyance on the site than dust ocatioll of al used ortreated w as m cau.e ine least cescihla and ovance due 10 Just e applicant's p e and 01 all existing and proposed Sor adicentt roadways,driveways, co pit easements Pd rlghtdf ways contiguous our adiaceni to Ito PI000 00 5s�i.4a 4.4.Slopes.The Planning p uri may req rote slope of a cal or development site. Ion he made rmre Iavci it it is IOunE Ma'Me material being Cur Or the fill i5 contours The on is of me she in dashed tines and the proposed solid redom,lour Intervals shall be out less Man two lot feet where doges are predominately five r t anfivef er lest,Nine five 15e weer where slopesare Me accuratelysteeperth an rivet a all Ninety dementrcallt e all crate ws shall four (41 lee.within r e of poet and all information snail no accurate within lour(41 teen.The scarce of lopograoMcal Ini0rmation shall beed)The U. (ill e a of all drain streams, to,ea tram and a<ran the site,the other aria permanent streams•retinas,and covens and meet arintermittent(Inc above wt., ,1 e aria the site of any precipitation catchment Obove or vnem at,feel of the site area a following In(ormaliUn shall be nrovltled in triplicate if repuosted by the Planning Director. tat Ddalls of a proposedti drainage g tat,.c cribbing,terraces and,.such.gram. and any not gvntolanueco asa t of grading one r04uired tar including support of etllminiwawopenoy ea result Grading man. (,1 Profiles or cross sect... (e)Drainage ea includi ns e)Solis data it,or including a port from a registered soils emote . n(rie¢rine Statement geologist, other qualified person.w engineering di Stnem col of e d starting and completion dales d. Me rids openpropo n and J rsite,a ca f ppr torn!e,in ration roan. spading ao stet the nt or srroundinrmeiarormaned reiafthe tote lldoeapm00t adjacent a surrounding a afmoed 00 the entineMddr001t architect, IdSuchtan landscape plans or sthebepress ed dby person.These c landscape architect,or other qualified per n.These nl�i��shallDi show: rib I.d5bnfionmiplant/Or physiexisting trees and work involved as related to slope control and/Or methods cal environment. 2.Aplantlesmpha iinemethodsof planning the area to.,m aerial Pod mets emphasis ontin(a)loll p plant m and slopes sot planting a.(b)rcent gee of plant elver Plain rr"Biebli and slopes until a put and percentage Or Plant coverage is established 'incy On the cut and rill Stepan. 3 Suchthe eiflann.oiler aria inter dotal rise t roe.,snethisnod and ce.All s by ch galrtheI to cord your Igopurposesnllit this ordinance.the All such >,ilnbpar the nnmq ill tea m..pn responsible for me preparation of olr 1 n)$.lien ether inl0rmalion az sh.:il tic required tv the Planning Dhttlor. usually whlect to erosion,or If other conditions make such Nulremmfs necessary for stability.The Planning DlrMor may permit.fmWr slopes CHHPI[-N 5 where the mateclaI behm cut is unusvalty stable. e dS OEPULp TS,nN;OS, Sec.1)dS.FIII material.All IIII shall Mearm.rock.OtNrInert mat¢/fats sw,,,oes: AIILALSFE EXCEPTIONS gNp?ENALTIE� free Mom erg;mic mate rlaland free of.Utah except that topsoil spread on col 1.Exceptions and tilt surfaces may'Incorporate humus far desirable moisture retention Y Referral W«omsN exception Properties, Eccepfior,ono, be the planning Commission rasa[.dJ ad.Orainag¢.Atl¢uuele arovi.lons mall be made to«¢vent env e.Revd dhoti o1 permit 6.Fees surlace*e'er' fmmdamagrng the cut lace hof an excavaton or atlypo aters witho t 5.Ampeais urrgaucll drainage ing erosion to the ees aeasirpracticulsstrelfet,stocarrrm drain oace rrnatural we er ).Bonds dyad by the City Engineer as a sale place to deposit and reCeivo 8.Exulralion of permit such Waterrs.The City Engineer may .Vito such drainage slmclures fo be 9.prohibited activities onstlucietl.ar installed,as necessary renege prevent erosion damage or l0 prevent 10,Violations arq penalties aturat"mn of the IIII or maferlal behind cut slop d Il.SCrcnn^'futranality g Sec.d)-4-).Finished cols and sagas.The expnwvl or Oppose stones cuts sot Ott ms out to any S I.Exceptions. ntt and Commission may authorize exceptions "the.' f lny till or excovatl.shall b¢smoothly graded.oil All Opposed slopes et any cut .Spplice offrl ther e}z n lations a forth n Mis ordinance. r ill shallf}e oomb,etlby ahereof.MadentIr surfaces rc excewalls e µng inraeaofinp, n e eorori hall Ue made be a v Illeq 11�. f tic omolatp tee Mermf.Graded au I,sect an area of live scant staring luuly Inn ground's of Me application an°d Me facts rottedupon tho5saen0I5.OW1 e.9 ar reef shall be ireafM as provided In Section 1)-d-10. by petitioner,Such petition shalt be filed with the site development permit ec.1I d N.Back lillings-Any pine trench Or OM¢f lrmclring Or excavation application. der far the land referred to in the petition to came within Me mane Y lope of any excavation or filled site shall be back)tiled and ov ions of this section,it is required that the planning Commission find all of compacted t0 the level 01 the surrounding eraee. Me following facts with respect thereto: Sec.O-d .Compaction t e tins.Unless rade. se dimcred by the Planning .11 Thar the land Is of such shape or size,or Is affected by such physical Director,all tills,governed by Mrs ordinance,Intended t°support buildings. conditions,or is subject to such idle Iimrmrions0f record that i}Is rm.ssible or Wctures,or where and testedPuired to be compacted for stability,shall be impractical for the subdivider to comply with all of Chit,inspected and tsurfac n accord pre with the f0lrowing sto mail s: tl n.e. the regulations of this co(tl)The natural ground Surface shall be prepared by et t e rat of topsoil and or f11 That me exceptarty right is rrnSa perry for the preservation and enjoyment of a Ion,and,If necessarv,shall be graded to aseries of teed es substantial property right by the petlli.er. Y nPl Ohio till shall be spread Ina cries 01 ed be,each not e,xceedrno nix(61 (a that Ire griming of the exception will not be detrimental to the,pudic es In Mlckne tt and hall be<0rr,00 ed by sheepsfaoi roller gr diner well or inlurious to other properly in the Vicinity of the seblttt property. etl method after each layer Is zprOdd- Sec.d)'S1.Referral of proposed exception.Each a (31 The moisture conimr of Olefin material shall be controlled at Me time of be ramrrN to hie officers .ties pry �exception shalt madding and compaction m obtain rmuir d maximum density. departments shall transmit to the Planninr involved and e officers o s (d)Tne IIII maferlal aver�nt 010ll.snail have a minimum Ory density of tio^s.iwhich recommendations shall be reviewed«f;Orl to itheigrantinggof yr tils less than ninety 1901 percent Of maximum dry density In all WrtiOns of the• a%Src.°�s l requiring o ypacrl0-Sn,or tithe to by Mee1BAAod approved vCed by the CIty tl mmi slpn3a tter public Searing ihnel¢onn miaywb�rosolvtlon,apurove the sine ETe ngineer and Tg4ir, titer ICsling Clad proved by he GItY velOpment permit Opelllesion with inn excmn.s antl c.ditrons it deems u n Pnmpmr and on r000r Director, r If mev d;saoprove sue (5)A writ "s of the tube ondit showing oenmen and d of test eeswry° n site devel00000hi permi,:a,,, 000litafion and Hopes, materials hoed, moisture tlltirom recommendedsoil bearing exception implication or take such other action as is appropriate. era selaive density obtained from all tests,prepared by a Civil Sec.d)-Sit.Revocation of permit. Englnumr w Sells Engineer licensed by the State of Utah shall been so N to (11 p me evmf env tel l r nBalee a site development permit pursuant to Me Planning Director. sordinance YI lases the terms of the permit,or conducts or carries on said 16)The Planning Director may require additional fasts Or inlormati.,if,in • to development In such a manner as to materially adversely allxr the health, his opinion,the 00 rnoda or delete any are such that additional Irdpnents on Is wealhare,.safety of persona residing,or working In the neighbor and may modllyar delete of Me above listed requirements shah, r property ofthe temporary suspension Or conducts or ado esanive isitedeatelyutonnf nnisoprnlon,dreunrrecessary to farther the purer.°of this ordinance. notification stand ahem Planning Duncan may be made also[hsvt•Irrrr immediately upon Sec. bed 10.Erosion c.ter and landscaping.All 1 nit fill surfaces not'Iic al l Oslo ev ltntq Planning ermit t sit created 00 grading ding except for fife break avrpose5 shall be planted with a unt,l)a No is heldbyr the rPlann Planning tie mnonnt0The perrm or it/ft shall suspended ground cover that i coon atibie with the natural yrou�covers n the andC nil rot ifiea in writ inq of such nearing and said ratification shale state: wits c to be stockpiled during rough adhg era used on c it fa) The grounds for c Slopes are slopes tW steep to supper!continuous ground cover nave been s r complaint or reason;for me mvocdti.o .slmilted antl lieu hereof niches and edges provided for planting.suchus(b)The in a an andlconcise langudgp. / opes tired blot be e'the with a cantlnuous ground cover,but may Instead he (e1 The time and mace such hearing is ce be Ore h Such notice Shall be scr nr wee vines and eland ttbl Curs and fills along Wbfic roads mar M a by registered tothe meal or personal M service.the terneihap least live ren�l'''l n000''''''dseastu Sentl into the natural surroundings.All plant (pee s priorto inn date set for Me hearing.At heany such hearing.the corals Ust tie ppro M by the Planning and Zoning Commission aM noise°shall beg oily to be reare,and he may such PI.ening Director great re Issuance of a Nile development perm if. Ines and pre5mt evidence Wrinis beheld.been c call Src. )d 11.Tilling for agricultural and lire urVtectlon purposes.Tilling of hearing the planning Commission shall determine whether conclusion lire permit rhefground for agricultural or fire protect;.purposes spelt be accommished or pa be suspended or rfvOked.In the event the determination is towspend such practices as will prevent erosion and damage to natural dralnaea revoke the permit, he Perminm may anneal the decision r0 the City channels. Commission in the manner provided by law. SnM.d)-d-11.Site development Certificate II,upon final Inspection of any 1101st a Planning Commission shall hold the hearing io c rxlnrgteup100ot000d r n5 ectl hasbp,AI,It is found that the work authorized by recommendations 0.at th.ersmspenarnq permits whlchnavesleeei the site tlevClnpm¢nf permit has been sanzfactoriy co' es'In accordance Plandningr Corhmissl pall}tie n x tt tarty tMara penny of his won the r.uirement.of this ordinance,and any other requirements Imposed, Ccoen can be lullilled. which all regularly a paragraph two of t a she develonmelll ter tit teat°covering such work,and stating that the work Is, Sec-1)SS.Aeenols.Any ape this apion (1)v Thch Planning CDirecloretTo the pehalIfhavee o1 Planning Dlrmtoke y site administrative official m appealtaggride..li akm to thei.of any C.tmissirnhVfilingawri rim notice ofys fte receithe Pla'njrento Planning mmf the development certlticale whenever,it Is found the that power wto revoke by site secretary within g a w feel rrfl[atchdib°en maaslllp ly OOS,acr orca, eawaoO StyvctrOCrrvOloe al-term ardrlVe official's tleferminarl.,1egnyxaypli%ql Mention of the tit Jr any tenting,r lathing walls,cribbing,nendsoe a turei,rr Incr the iSneat0nof ffi ial's etCommission may appeal such aggrieved by 10 pr tective devicesas shown on the approved plans andsoeciti, 11Sod su Emitted ivhe City Commission by finngawB lit.notice of appal with Me City Recorder wish the Opplicati.for a permit have not be.mdlhidinCtl In good order and tnth third,' issi days an¢r determination. rvine nce of Ile planning Commission repair,ion Before surM1 revocaf tan,the Planning DlrMtor shall first glv2 written The City Recorder snarl then place me matter on the next open and[ to t"owrcr If thu h d005 y involvdt specifying the defective cmxtlllon Ca or hearing 6. �ta regularly d scheduled Meeting sry stating that unless such defective con died.If remedied,,,,re satisfactorily,the City Commission. and Piling fees and deposits far services shall be as set by the site development a Ilicole may be re eked. f the demcilIt condition Recorder i).Bonds.The appllcaM be remedied to the safislacll.of the Planning Director.Me certificate shall not a faithful performance bend o required to file with the City Mn SevokN. s lisfactOry tit Me City Aryamev ih Ina amp of improvement Sec.it,al Special nr¢c utlont. Planning Director f0 coy r r di nM Iflclenl b security Ir) It al any stage of grading,the Planning Director determines by nsmecti. (pas, Incidental all coils of ion menh,e Y trod° Inspecton hat Me nature of the formation a .n Mdi further or its landscaping for such petted.as specified by fhlandscaping [l ye and maintenance a or aunrorjred by an existing permll is Rhea'to imperil any t teas y,pubre,way, 1 Stt'nv meifafionf antl f to null Ev¢ry site Cvelememnl per I!shall watercWf'e or dyinagC slrUc'tur¢,Me Planning Director shall regUira,as a exmre 4cdme null aM void ja pile work auflariz¢tl p co�rc°° o I ing the w rk to Ic d.a,scat h a safety permit has not been commenced within one hundred and eighty(180)days,or is sbetakenas lzc°nsmere,advlsableloe avoid likelihood of such peril. not completed within one(11 year from date Of Issue;exceptthat Me Planning eucn prrcaulion'may Intl'de,but snail not be limited!a, dying a more Director may,If the permit holder presents satisfactory evidence that unusual l'evCl ,.rased s° ,consr flan f add1110.1 drainage sfacllifles,berms, difficulties have revmiGy work tieing started plef¢tl within the aoling,cOrtiareportioat arcrltsertg,ad soils engonor plant and/or of an a lifer erosion lb made rPes.ablee%imsi.-Of or writt.applicdtl. °einfro and reports 01 a regmrsletm mils engineer era/.Man accompllatiN de before the expiration reasonable of the preys} r gCOi.ls1 whose recommendation endation mirybe mad°roneireme^ts for siSec. )i9.PrMibirM aclWitles. further order Such a requlrCment by Me Planning Director shall constitute a III The provisions of this Ordinance shall not be construed as permitting the cparge order In the work. removal of topsoil solely Mr resale,or or permitting quarrying of any nature III n t that damage may It I rM f ed """'Mr U h k be 1 pod d l ce t m t k h wl th i f he C Sal Lake.(a)in Iv sit II t eu construed as erty,a zino any Wrson t0 bit dl ry the } 1 O sl h 1 I rxlr t provisions f this public hap upon theirapfensey,anyactioancewTe ll Vet' specific 1-D 1 ih time at that the whichgradingperation bit d conducted proceeday and hes it snail no!be a defense n any dell.to abate rw'stages so 1 1' 1 bled sOr eWcgsc ivr to incconstruct,S d)in pit'VI 1.5 and nerartles.No person 1' adventf t to insure, a Ilex,repair or maintain env grading, arm or ti.toy filth or Sec 47 oti ! me emerge, ✓R aonet contrary oar n violation II)No cut slope snap exceed art height of one huiared(lm)itttof "ovisl.z of tins onto,herizmtal benches With a minimum width of thirty(301 lest are lnslalled terednceshall bgerm«uilty of corporation violating e the achsch slrontlhis al ach ore hundred(1001feet of vertical lreighl. .ndll tiedmmeratroYma mlStlemearar.dra each such rxrwnshml Ig)No excavnhpn shall be rnado with a cut taco steeper in slope than syo� .deemed guilty of a Napa rate offense for each ana every day or portion thereof horizontal to one vertical_ cdemmi which any violation of any rOvrilOni of this EXCEPTION.The Planning Cmmmisslon,in case an appeal is made,mev person se,continued,or permitted,and.u.ne conviction of any suchivi Oration mil Me excavation The l be made with S col dace steeper n.rope than two er per.n shall punishable by a fire of not n than two hundred horizontal to one vertleal if the applicant can reasonably show the Planning a'altars(339) Or by imprisonment for not morex(61 Ohectp that the aterlal making n the pe of ihe'exedvatlon and.,the ngnrns,or by both sv<h fine and impriwnmenfi than si ^deriving bedrmk Is capable of holding satisfactorily en a simper gradt Ig)The planning Director sh,.11 be,and is empowered to Investigate and No slopes shun cur simper Ilan the bete.t planes,de oflthe,Irlk line bent a eke reorrn}o inn planning Commission on pity .vloraHOns M Mle ordlnarice any mrmati.where the" he cut slow will plc.the dip side of the strike line of the Ch'c'n?la^ndinp Commissi.,T it determines Mar a ra tUre,txdtling plan.fault or Mint.No slopes shall he cal In an existing n Mar legal aClion to taken by tie City Commission.eq exists,ma .ands0dn d paw,or other form of naturally naPr.Where see except as phrase of Mrs ordinancer isn for tanytreason clteld tO be invalid or un cleb anal N¢d by 00 lined Ile cut Inner.Where he excavation is by Me decisions aOe 00dm 0lcompelmllurl roicti..wdrsitrtch mshallnm m''.vdightaboveoohs roeoeme cut vf100 will permit me entry of water nee me y Imdv or roe,pit aN''''lino plane., The area and,be sealed with orO,h, blanket sell blhanxet Commission M1ereby declares that it would halve p spit ibis oritllna 0 The each Yin. Inlmum thickness of two foci.4e soil has Olankpt snag be section,subsecnem sentence,mouse amp fe CItY enlativeW im°ervrous era snarl be s roved bV the Is engineer r phrase hereof,irresraeflves lhg fact gine'rtng P..i.lst.If 1FC maferlal 0l Me nape taxi smcncomure cod antl a Born real M¢sMlons,whsMls,smtmcei,clauspa Or pnres¢s s her as to be Unstable under ire an,. e,ed maximum moisture coineni, crSFC De)tlxlarpa invalid or uncpnstllurional. °character angle span be rCWCN to a start°value. herewith a e tie¢p°teoi.a and regal ile, rf sale tdin CiOO Inc.slalenr m Sec. )-g-IS lope SECTION 1.In the opinion of the Bard 0l COmmissl.e/s it is Aecessary to 111 No nit lace span exceed a vertical height of.e M1UndrN IIn01 feet unless horizOnfal prncnes wihha minimum wiOiiiof thirty 1301 reef are Installed ace,neanhandwelfaree meinhabitantsm Salr Lake City Maffnj: as h.'e hundred(100)Ieet of vertical height a�Gi once became effmrive ImmNlmly. (31 Nenofrizdal to on he e vortical e which unlessIlle an elill otprlaflals oftoucnainafuln SF_CTIOil 3 This ordinance.heel lake effe[r upon Ifs first nekation- Passe°by the BOdrd of Commlizimers s Sall Le1;e City,Urah,Inis grtl day of Maf s ore to one.lace may be permiliN with Inc cermissl.s ihC Planning July,19)5. Director. EXCEPTION:T.Planning Commission in case an appeal Is made maV CONRAD B.HARRISON mil'till lobe made which creates an exposed wrface sirecerrr rn.lorn man MILDRED V.HIGHAan Alayar Director zMa11M one tVig M[cffi.li the rxlCrisplicant can fics of inn ma rlafitosbr,•USN Pflne li 1 CS F A L Ider u M1 to radvm.rn.ulval.l Unnre of zrmx:sf bifity aM suiflcient BILL NO.70 of i975 (0481 itso Characteristics to suPOOrflne fill wri^in reasonnbr°sel}lemerrt values ublished Jury 29,19).S so as to produce an equivalent degree ee sanel v.