HomeMy Public PortalAboutORD-CC-1996-18,,,
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CITY OF MOAB, UTAH
TEMPORARY ORDINANCE NUMBER 96-18
A TEMPORARY ORDINANCE AMENDING MOAB MUNICIPAL CODE
SECTION 17.55 AND RELATING TO HILLSIDE DEVELOPMENTS.
WHEREAS, the City Council has directed the Moab City Planning
Commission to study hillside development issues for the purpose of
implementing a hillside development ordinance for the City of Moab.
WHEREAS, uncontrolled development on hillside lands can lead
to detrimental effects including, but not limited to: severe
erosion; storm -water runoff; rock fall; visual scarring; and
difficulties in construction and vehicular access.
WHEREAS, the City of Moab has an interest in protecting the
public welfare by assuring that housing and commercial construction
is not located in zones of geologic hazard.
WHEREAS, it is anticipated that development pressure on
hillside lands will increase in the near future and the City
presently does not have adequate statutory provisions to control
such development.
WHEREAS, Utah Code Annotated § 10-9-406 permits municipalities
to enact temporary zoning regulations.
NOW, THEREFORE, THE CITY OF MOAB FINDS AND ENACTS AS FOLLOWS:
1. There is a compelling public interest requiring the
enactment of the following temporary ordinance.
2. This ordinance shall take effect immediately upon passage
by the Governing Body and shall expire no later than six
(6) months from the date of passage, unless re-enacted as
a permanent ordinance by the Governing Body.
Passed, adopted, and approved by the Governing Body of the
City of Moab in open session this AN day of Oe, 1996.
Attest:
Sandra E. Beaufegard
Acting City Recorder
Mayor Thomas A. Stocks
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17.55.010 Purpose
The City finds that the health, safety and the general public
welfare of the residents of the City of Moab will be promoted by
establishing standards for the development and excavation of
hillside and slope areas located in the City so as to minimize soil
and slope instability and erosion and the negative effects
associated with construction in geologic hazard zones. In addition
the City finds that the preservation of the visual and aesthetic
character of the City's hillsides is an important public goal. The
provisions herein are intended to supplement and amplify the City
Subdivision and Zoning Ordinances and are designed to accomplish
the following:
1. Prohibit development of uses which would likely result in
a hazardous situation due to slope instability, rock
falls, or excessive erosion.
2. Provide for safe vehicular circulation and access.
3. Encourage the location, design and development of
building sites in a manner that will minimize the
scarring and erosion effects of cutting, filling and
grading of hillsides.
4. Encourage preservation of open space by encouraging
clusters or other design techniques to preserve the
natural terrain.
5. Where hillside excavation does occur, require that
buildings be located in the cut area to minimize the
visual effects of scarring.
17.55.020 Definitions
For the purposes of this Ordinance, the following words and
phrases shall have the following meanings:
1. "Cut" means land surface which is re -shaped by man
through the removal of soil, rock, or other materials.
2. "Development" means the carrying out of any building
activity or clearing of land as an adjunct of
construction.
3. "Major Development" is defined to include any building
activity or clearing of land adjunct to construction
involving subdivision of land into three or more lots;
the construction of multifamily housing such as
condominiums or townhouses containing three or more
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residential units; any residential or commercial
construction which involves excavation of a surface area
larger than one acre; or any excavation creating a
vertical cut into a slope greater than four feet in
height.
4. "Minor Development" is defined to include any building
activity or clearing of land adjunct to construction
involving less than three lots; construction of
multifamily housing such as condominiums or townhouses
containing less than three residential units; residential
or commercial construction which involves excavation of
a surface area of one acre or less; or any excavation
creating a vertical cut into a slope four feet or less in
height.
5. "Development Parcel" means any quantity of land capable
of being described with such definiteness that its
location and boundaries may be established, which is
designated by its owner or developer as land to be used
or developed as a unit or which has been used or
developed as a unit.
6. "Fill" means the deposit of soil, rock, or other
materials placed by man.
7. "Geotechnical Engineer" means a person with a four-year
degree in civil engineering or engineering geology from
an accredited university who is licensed as an engineer
and who, through training and experience, is able to
assure that geological factors affecting engineering
works are recognized, adequately interpreted, and
presented for use in engineering practice and for the
protection of the public.
8. "Excavation" means any disturbance to the ground
including but not limited to clearing, grubbing, rock
removal, cutting, tunneling, drilling, or any other
activity which alters the natural ground.
9. "Slope" means a vertical rise measured over a horizontal
distance, expressed as a percentage, measured generally
at right angles to contour lines.
10. "Ledge" means the first substantial abrupt change in
slope along the top edge of a plateau or ridge line.
11. "Plateau" means a flat or predominantly flat area of land
which is raised sharply above adjacent land on at least
one side as illustrated in Exhibit D and designated on
Ridge Line Map.
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12. "Ridge Line" means the junction of a rising steep slope
on one side and a descending slope that may either be
gentle or steep on the other side.
13. "Setback" means an area, measured as a distance from a
property line or geologic boundary, in which no structure
or building is allowed to be constructed.
17.55.030 Areas subject to these provisions
1. Property within the City limits with slopes greater than
15%.
17.55.040 Hillside Development Density Standards
1. Lot size, density, and site disturbance for development
in lands subject to this Ordinance shall comply with the
density schedule in this section. To the extent this
density schedule is contrary to existing zoning standards
the provisions of this section shall take precedence.
2. Any portion of a development parcel having a slope
greater than 45% shall not be included in the calculation
of the area of such parcel for the purposes of
determining conformity with the minimum lot parcel size
and density requirements in this section.
3. Where more than two-thirds of a single family lot has a
slope of 25% or less, the entire lot shall be considered
as having less than 25% slope for the purpose of
determining lot size.
4. Density standards:
Percent Natural
Slope Dwellings Units/Acre
1-25% No change in density
26-39%
One d.u./acre provided the
units are clustered in 30% or
less of land area within this
slope category. 70% of the land
area of this slope category
shall remain undisturbed
40%-45% One d.u. per 20 acres
46% + Development not permitted
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5. A density bonus shall be available for development that
transfers dwelling units from lands with a slope of 26%-
39% to areas with a slope of 25% or less, either within
the same parcel or to an adjacent parcel under the same
ownership.
a. Any person transferring dwelling units as specified
in paragraph five shall be entitled to a transfer
density bonus of 0.75 dwelling units.
6. No development shall be permitted upon lots with an
average slope of 46% or more.
7. Where commercial rather than residential development is
contemplated, density shall be calculated on the basis of
each 3,000 square foot increment of building construction
being equivalent to one dwelling unit.
17.55.050 Determination of Slope and Slope Areas
1. Slope shall be determined on an individual basis as an
average Percent Natural Slope for purposes of density
limitations.
2. The contour interval maps and calculations required by
this Section shall be prepared in a report by a
professional civil engineer or licensed surveyor and
shall be submitted with applications for permits or
subdivision approvals for lands subject to this
ordinance. Each report shall bear the certification of
the engineer or surveyor as to the accuracy of the
report.
3. The location of the natural 15%, 25%, 40% and 45% slopes
for the purposes of this ordinance shall be determined
using the following procedure:
a. Preparation of Contour Maps. Current contour maps
shall be prepared and certified by a licensed
engineer or surveyor showing contours at intervals
no greater than five (5) feet (the "Contour Map")
drawn at 1" = 200' scale maximum.
b. Verification Through Field Surveys. Field surveys
may be required of the applicant by the City
Engineer or City Planner to verify the accuracy of
the contour lines shown on the Contour Map. The
Contour Map shall identify profile lines which
shall be used to verify the field survey. Profile
lines shall be perpendicular to contour lines and
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in no case occur at intervals greater than 150 feet
apart or 75 feet from a property line.
c. Determination of Slope Areas for Density
Calculations. Using the contour maps, slopes shall
be calculated in intervals no greater than forty
(40)- eighty (80) feet along profile lines. Points
identified as slopes of 15%, 25%, 40% and 45% shall
be located on the Contour Map and connected by a
continuous line. That area bounded by said lines
and intersecting properly lines shall be used for
determining dwelling unit density.
17.55.060 Hillside Development Permit Required
1. A11 major development on slopes in excess of 15% shall
require a Hillside Development Permit granted by the City
Council prior to any excavation or construction activity.
The Planning Commission shall first review proposed
development and make a recommendation to the City
Council.
2. A11 minor development on slopes greater than 15% shall
require a Grading Permit granted by the City Council
prior to any excavation .or construction activity. The
Planning Commission shall first review the proposed
development and make a recommendation to the City
Council.
3. Permit approval under this section shall not be required
for preliminary plats which have been approved by the
City Council prior to the adoption of this ordinance.
4. Upon review of a permit application for either major or
minor development the Planning Commission may, in
addition to recommending approval or denial of the
application, submit to the City Council recommendations
as to conditions to be attached to the permit to mitigate
specific adverse impacts associated with the application.
5. The City Council may approve the application as
submitted; approve subject to conditions; or deny the
permit in full where the development does not meet the
standards of this Ordinance or other provisions of the
Municipal Code.
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17.55.070 Application Submittals
1. Any applicant for a major development on slopes greater
than 25%, shall be required to submit the following
technical information and reports:
a. Contour maps as provided in 17.55.050; Site
Development Plan (subsection 3a); Grading Plan
(3b); Drainage Control Plan and Report ( 3c);
Geology and Soils Report (3d); Landscape Plan (3e);
other reports as required by City staff (3f); and
evidence of title (3g).
2. Any application for a minor development on slopes greater
than 25%, shall be required to submit the following
technical information and reports:
a. Contour maps as provided in 17.55.050; Site
Development Plan (3a); Grading Plan (3b); Geology
and Soils Report (3d); and other reports as
required by City staff (3f); and evidence of title
(3g).
3. Submittals under this Ordinance shall contain the
following:
a. Site Development Plans. A scaled site development
drawing or plans prepared by a licensed engineer,
licensed architect, or licensed surveyor
containing:
i. The proposed location and description of all
buildings or structures;
ii. The proposed location and description of all
landscaping, irrigation structures, and
related structures;
iii. The proposed location and description of all
public and private roads or driveways, street
lighting, drainage structures, water, sewer,
and gas lines, electric and telephone lines
and related utilities;
iv. A11 property lines, new lot lines, existing
and proposed easements, and areas dedicated to
open space;
v. A11 other submittals otherwise required for
development under the Municipal Code for lands
not subject to this Ordinance.
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b. Grading Plan. A grading and earth moving plan
conforming with all requirements of Appendix
Chapter 33 of the Uniform Bulding Code and showing
existing and proposed contours and cross -sections.
The grading plan shall show accurate slope
conditions and contours for lands extending no less
than 100 feet outside of the application
boundaries. The grading plan shall additionally
show:
i. Detailed excavation drawings showing the
location and extent of all hillside cuts and
fills and all excavations for structures,
utilities, or roads, including a description
of all methods to be employed for excavation
and fill disposal;
ii. A time -table providing a schedule for all
grading and construction work with starting
and ending dates;
iii. Specific restoration and mitigation techniques
to be employed by the developer for cut and
fill areas.
c. Drainage Control Plan and Report. A drainage control
plan and report prepared by a licensed civil engineer and
containing a site specific evaluation of drainage issues
for the site and drainage control problems generated by
the proposed development, including:
i. Detailed plans of all surface and subsurface
drainage systems and facilities, retaining walls,
cribbing or other drainage or erosion protection
devices, to be constructed in connection with, or
as part of the proposed project;
ii. A map showing the drainage area and estimated run-
off calculations for the area served by any
drainage systems or facilities.
d. Geology and Soils Report. A geology and soils report
shall be prepared by a licensed engineer trained and
experienced in the practice of geotechnical engineering,
and shall contain at least the following information:
i. Slope stability analysis: conclusions and
recommendations concerning the effects of material
removal, introduction of water, both on and off -
site, including, where applicable, on mesa tops,
seismic activity, and erosion on slope stability;
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ii. Foundation investigation: conclusions and
recommendations concerning the effects of soil
conditions on foundation and structural stability,
including bearing capacity, sheer strength, and
shrink/swell potential of soils;
iii. The location and yield of springs, seeps and
wetlands which shall be shown on the site plan;
iv. Structural features, including any geological
hazards such as rock falls, ravines, overhangs,
cliff faces or the like;
v. Conclusions and recommendations regarding
the effect of geologic conditions on the
proposed development, together with
recommendations identifying the means
proposed to minimize any hazard to life
or property, or adverse impact on the
natural environment.
e. Landscape and Vegetation Plan. A landscape plan shall
address all existing and proposed landscaping for the
development site. It shall address:
i. Vegetative or other screening in areas of high
visual impact and the specific plantings to be
installed by the developer, including plantings
needed for restoration of cut and fill areas;
ii. Irrigation for all plantings;
iii. Buffering the development from adjoining parcels
and any other site specific vegetation issues.
f. Other Information. Other reports, plans, and information
as may be deemed necessary by the City staff or Planning
Commission may be required with the application as a
condition of the application process.
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Evidence of Title. A current legal description for the
property subject to the application including a copy of
the current deed evidencing title in the Applicant and a
current title insurance commitment and/or abstract of
title.
17.55.080 Improvements Security and Restoration Bond
1. The City may require, as a condition for issuance of any
Hillside Development Permit or Grading Permit, that the
applicant post adequate security to assure compliance
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with all permit conditions, including restoration, soil
stabilization, landscaping, drainage improvements, or any
other permit condition. Any security required by this
section shall be an amount, as determined in the
discretion of City staff, reasonably calculated to cover
anticipated costs for improvements required under the
permit and may take the form of the following:
a. A surety bond or letter of credit naming the City
of Moab as beneficiary or payee;
b. A certified or cashier's check payable to the City
of Moab and held in an escrow account;
c. An improvements agreement specifying all
improvements and permit conditions shall be
completed prior to issuance of any certificate of
occupancy or building permit for individual lots.
2. In the event the Applicant fails to complete development
in accordance with the permit conditions within one (1)
year from the issuance of the permit the City, upon
delivering written notice to the Applicant, may proceed
to redeem any funds payable to it under this section for
the purposes of obtaining completion of the required
improvements.
a. For good cause shown, the City Council, after
receiving the recommendation of the Planning
Commission, may grant such additional time
extension as may be necessary to allow compliance
by the Applicant with all restoration or
improvement conditions of the permit.
3. Where a project is to be completed in phases according to
a phasing plan, the Applicant can secure a proportionate
partial release of any improvements security upon
certification by the Zoning Administrator that all permit
conditions have been complied with as to that particular
phase.
17.55.090 Building Setbacks, Height, and Construction Materials.
1. Where a ridge line or ledge occurs, the minimum setback
shall be 100 feet measured normal (perpendicular) to the
closest point of the ridge, unless a greater setback is
recommended in the geotechnical report. The Planning
Commission may recommend a lesser setback where the
applicant can demonstrate that the 100-foot setback makes
the property un-buildable.
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2. A11 buildings constructed upon lands subject to this
Ordinance shall be one story only, or twenty feet
maximum, in height. Height shall be measured as in
Section 208 (Grade) of the Uniform Building Code.
3. Buildings constructed upon lands subject to this
Ordinance shall be constructed with materials appropriate
to mitigate significant visual impacts. Wherever
possible, buildings should be constructed of materials
that closely resemble and blend in with native vegetation
and hillside features.
17.55.100 Appeals to the Board of Adjustment
1. The Board of Adjustment shall hear any appeal from staff
action; request for variance; or appeal regarding the
grant, denial, or conditions attached to any permit under
this Ordinance.
17.55-110 Verification of Compliance
1. Compliance with all permit conditions shall be verified
by the Zoning Administrator. Restoration bonds or other
security shall not be released, and certificates of
occupancy or building permits shall be withheld for such
a development until such time as the Zoning Administrator
shall certify compliance.
17.55.120 Penalty for Violation
1. In addition to those penalties prescribed in 17.75 of
this Title, the City Staff shall have the right to order
a halt to construction of any improvements where, in
his/her discretion, there exists a condition which
violates or threatens to violate any of the provisions of
this Ordinance. Such suspension of construction
activities shall continue until the City Public Works
Director or Zoning Administrator is satisfied that
measures have been implemented for substantial compliance
with this Ordinance.
17.55.130 Permit Review Criteria
1. Any permit application under this section shall be
reviewed to determine compliance with the following
criteria:
a. Compliance with set back, lot area, density, and
height limitations contained in this ordinance;
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b. Compliance with comprehensive plan goals for the
area including the development site, including all
other Municipal Code provisions;
c. The compatibility of the proposed development with
existing land uses in the immediate vicinity of the
project site, including aesthetic concerns and
visual impacts;
d. Adequacy of the vegetation and landscaping plans,
including restoration, vegetative screening,
regrading and irrigation;
e. Geotechnical suitability of the development and the
potential for geologic hazards to persons or
property, whether natural or man-made, including
erosion, rockfall, storm -water run-off, or similar
concerns;
f. The availability of adequate municipal services,
including police and fire protection, schools,
culinary water, sanitary sewer service, or the
like.
g. Suitability of the proposed drainage and
reclamation plans, including the extent to which
the design meets the following specific engineering
standards:
i. The height of any cut or fill shall not exceed
ten (10) feet when measured vertically from
the finished grade to the intersection of the
slope with the natural undisturbed ground.
The combined height of cuts and fill shall not
exceed twenty (20) feet unless otherwise
approved by the Planning Commission and the
City Council. Approval is subject to
incorporating retaining, terracing, and
landscaping or other approved techniques for
stabilizing cuts and fills. A11 excavation
and fills shall conform to Appendix Chapter 33
of the Uniform Building Code.
ii. A11 drainage systems shall be separate and
independent from the sanitary sewer system.
iii. Drainage and flood control shall be designed
in conformance with the City Flood Control
Master Plan where applicable.
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iv. Property development shall not cause a natural
drainage channel to be filled in, obstructed,
or diverted. When modification to a natural
drainage channel is proposed within the
development, such changes will be addressed in
the drainage study and shown on the
improvement plans, and the developer may be
required to dedicate right-of-way or record
drainage easements for structures and/or
improvements needed to carry storm runoff in
the event approval is given for the proposed
modifications.
v. The point of location where the natural
drainage channel enters and leaves the
property may not be changed without the
approval of the City Engineer.
vi. A11 of the drainage basin upstream of the
development shall be considered to be fully
developed in conformance with the City's
current Land Use Master Plan. Effects on the
downstream property owners relative to
increased flood potential and nuisance water
shall also be considered in the design,
including acquisition of easements or
agreements where necessary, or construction or
modification of improvements where needed.
vii. The Applicant shall provide the necessary
means to assure drainage within the property
being developed by making use of existing
facilities or natural washes and constructing
master planned improvements.
viii.It shall be required that each new development
handle its storm water runoff in such a manner
that no net increase in storm runoff above the
natural state will occur on the downstream
properties. Pre -project flows must not be
exceeded by the post -project flows.
ix. Projects shall be designed to provide that
storm water from a 100-year frequency storm
shall be adequately conveyed either within the
limits of the street right-of-way or in storm
drain easement without creating flood hazards
to dwellings.
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x. When an underground pipe system is required,
it shall be designed to carry a 10-year storm.
Major hydraulic structures shall be designed
to carry a 25-year storm. The minimum storm
drain size shall be 10 inches.
xi. Unless specifically permitted, retention
basins on hillsides shall not be allowed.
xii. Detention shall be allowed where it is
compatible with all required reports.
Detention basins shall be used for the purpose
of eliminating the effects of the peak runoff
of storms and releasing water flow at the pre -
project, or approved rate.
xiii.Cross-gutter drains on streets shall be
avoided whenever possible. They shall not be
allowed on collector and higher order streets.
xiv. Drainage design must
accordance with accepted
and must be consistent
reports such as soils,
like.
be constructed in
engineering standards
with data in other
landscaping, and the
xv. A11 buildings shall be constructed outside the
limits of and 18 inches above the 200-year
flood stage except on drainages subject to
FEMA flood control regulations, in which case
construction shall be no less than two feet
from any such flood line.
xvi. Necessary measures shall be taken to prevent
erosion and scour at all points throughout the
development. Erosion shall be mitigated at
all points of discharge and at the face of any
cut or fill slope throughout the development.
xvii.During grading or construction on any property
(including off -site construction) the
developer shall control both water used for
construction and storm runoff in such a manner
as to not affect any adjoining properties, nor
add silt or debris to any existing storm
drain, wash, channel or roadway.
xviii.Applications shall be evaluated for
compliance applicable state and federal
environmental statutes and regulations
promulgated thereunder, including, but not
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