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Any applicant requesting development on a parcel of land within a geologic hazards study area, as shown on the Appendix A: Geologic Hazards Maps, and as indicated in Chart 13.75.071 of this section, shall submit to the community and economic development department two (2) copies and one digital copy of site specific geologic hazard studies and reports. (Ord. 2021-26, 10-14-2021)
Land Use (Type Of Facility) | Liquefaction Potential | Surface Fault Repture Special Study Area | |
High And Moderate | Low And Very Low | ||
Land Use (Type Of Facility) | Liquefaction Potential | Surface Fault Repture Special Study Area | |
High And Moderate | Low And Very Low | ||
Critical facilities (essential and hazardous facilities, and special occupancy structures, as defined in section 13.75.020
of this chapter) | Yes | Yes | Yes |
Industrial and commercial buildings (greater than 2 stories or 5,000 square feet) | Yes | No | Yes |
Multi-family residential structures (4 or more units per acre), and all other industrial and commercial | Yes | No | Yes |
Residential subdivisions | Yes | No | Yes |
Residential single lots and multi- family dwellings (less than 4 units per acre) | No* | No | Yes |
*Although no special study is required, disclosure is required as described in section 13.75.100
of this chapter. | |||
(Ord. 2021-15, 9-20-2012; amd. Ord. 2021-26, 10-14-2021)
A. The boundary lines of the special study areas shown on the geologic hazards' maps shall be determined by use of the scale appearing on the map. Maps intend to represent generalized scientific information designed to indicate areas where hazards may exist and where geologic hazards studies are required. Because the geologic hazards study area maps are prepared at a non-site specific scale, hazards may exist that are not shown on the geologic hazards study area maps. A site that is not shown in a geologic hazards study area for a particular hazard does not exempt the applicant from considering the hazard if evidence is found that it may exist. If it is subsequently determined that the site features a geologic hazard not represented on the geologic hazards study area maps, the review process will be pursuant to this chapter.
B. Geologic hazards study area maps may be updated and amended by the city as per Chapter 13.07 if found to be inaccurate or in error, or as new methods or data are developed to better define areas of potential hazards.
C. Where geologic hazards study area maps are thought by an applicant to be inaccurate or in error and require revision, the applicant shall submit to the city technical evidence by a qualified professional supporting the claim and showing the proposed revision. The city will review the information and render a decision. The applicant may appeal that decision to the city council. (Ord. 2021-26, 10-14-2021)
A. Review: In order to fulfill the purposes of this chapter, the planning commission (for conditional uses and subdivisions), and the community development department (for permitted uses) shall review any proposed development which requires preparation of a geologic hazards report under this chapter to determine the possible risks to the safety of persons or property from geologic hazards.
B. Expert Review; Costs: Prior to consideration by the planning commission or the community development department of any such development, the community development department shall submit the report to the city engineer, the Utah geological and mineral survey, the U.S. forest service, and/or other experts for reviewand recommendation. Any cost the city must pay for the review shall be paid by the applicant prior to planning commission or community development department action. The community development department shall file a copy of the geologic hazards report in the city geologic hazards library and another copy with the Utah geological and mineral survey.
C. Standards: The city geologist and other retained experts in their review of the report, and the planning commission or community development director in their consideration of the development, shall determine whether the development complies with the following standards:
1. The development does not present an unreasonable risk to the safety of persons or property (including public streets), or to the aesthetics and geologic functions of the landscape (e.g., drainage, wildlife habitat, etc.) because of the presences of geologic hazards.
2. At the planning commission's discretion, with advice from the city's consulting geologist, such area may be approved for development if the applicant submits substantial evidence that, using best available practices, the identified hazards can be mitigated to a level where the risk to human life and damage to property, as well as the risk to the aesthetics and geologic functions of the site, are reduced to a reasonable and acceptable level in a manner which has a minimum effect on the geologic environment.
D. Necessary Requirements May Be Set: The planning commission or community development director may set requirements necessary to reduce the risks from geologic hazards as a condition to the approval of any development which requires preparation of a geologic hazards report. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-26, 10-14-2021)
An applicant may appeal any decision made under the provisions of this chapter only after the city has issued a written review of a report, and shall set forth the specific grounds or issues upon which the appeal is based. The appeal shall be submitted in writing to the director of community development within thirty (30) days ofthe issuance of the written review or other decision. The city shall assemble a professional panel of three (3) qualified experts to serve as the appeal authority for any technical dispute. The panel shall consist of an expert designated by the city, an expert designated by the applicant, and an expert chosen by the city's and the applicant's designated experts. If the city's and the applicant's designated experts cannot reach a consensus of the third expert within thirty (30) days, the city shall select the third expert. Decisions of the panel will be binding and will be based on the majority decision of the panel. The costs of the appeal process shall be paid by the applicant. (Ord. 2021-26, 10-14-2021)
No critical facility (excluding transportation lines or utilities which by their nature may cross active faults) or structures designed for human occupancy shall be built astride an active fault. If a fault is discovered in the excavation for such a structure, a special study, as described in section 13.75.080 of this chapter, shall be performed to determine if the fault is active, and if the fault is determined to be active, the procedures set forth in section 13.75.090 of this chapter shall be followed. No structure designed for human occupancy shall be built on a fault scarp. Footing setbacks from a fault scarp shall meet the requirements of chapter 29 of the uniform building code. The community development director may increase footing setback requirements where information from a geotechnical report indicates slope conditions warrant a greater setback distance. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-26, 10-14-2021)
Whenever a geologic hazards report is required under this chapter the owner of such parcel shall record a restrictive covenant running with the land in a form satisfactory to the city prior to the approval of any development or subdivision of such parcel, which includes the following:
A. Notice that the parcel is located within a geologic hazards special study area as shown on the geologic hazards map;
B. Notice of the existence and availability of the geologic hazards report for public inspection in the city geologic hazards library; and
C. An agreement by the owner of the parcel and any successor in interest to comply with any conditions set by the planning commission or community development director to minimize potential adverse effects of the geologic hazards. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-26, 10-14-2021)
Whenever the applicant for any new development for human occupancy is not required under this chapter to prepare a geologic hazards report, although the parcel to be developed is located within a high or moderate liquefaction potential special study area, or surface fault rupture special study area, as shown on thegeologic hazards maps, notice that the parcel is located within such areas shall be recorded by the landowner in a form satisfactory to the city prior to the approval of any such development. (Ord. 2012-15, 9-20-2012; Ord. 2021-26, 10- 14-2021)
The geologic hazards ordinance codified in this chapter and geologic hazards maps represent only those hazardous areas known to the city, and should not be construed to include all possible potential hazard areas. The geologic hazards ordinance and the geologic hazards maps may be amended as new information becomes available pursuant to procedures set forth in chapter 13.07 of this title. The provisions of this chapter do not in any way assure or imply that areas outside its boundaries will be free from the possible adverse effects of geologic hazards. This chapter shall not create liability on the part of the city, any officer or employee thereof for any damages from geologic hazards that result from reliance on this chapter or any administrative requirement or decision lawfully made thereunder. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-26, 10-14-2021)
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