A. Applicable Provisions: The application procedure for subdivision developments shall follow the requirements in this chapter and the subdivision procedure as outlined in title 11 of this code. Subdivision plats shall adhere to requirements as described in the underlying zoning district. Development on individual lots may require only review by staff with recommendation of planning commission and approval of city council.
B. Permits Required: No person shall grade or construct upon property that constitutes a hilltop or hillside condition subject to this chapter without first obtaining proper permits issued by LaVerkin City unless listed as an exemption in subsection 10-7A-3B of this chapter. This includes a hillside conditions permit, which shall be issued upon completion of a hillside conditions plan review and approval by the planning commission and the city council. Development plans may be approved subject to conditions as may be required by engineering recommendations and other studies as outlined below. Plans shall demonstrate compliance with adopted building and grading codes in addition to this code.
C. Application And Cost Recovery: Application shall be made for hillside conditions plan review upon the forms provided by the city. The application shall be accompanied by the required reports described below. Costs for city staff review and approval of required documents under this section shall be recovered through a fee established by resolution of the city council.
D. Required Documents: The following documents are required to be submitted at the time of application. Conditions of approval may be established based on the findings of such documents. These conditions shall become a part of the record and be considered binding upon the applicant as part of the approved plan. City staff shall review the submittal and provide a recommendation of denial, approval or conditional approval to the planning commission who will subsequently provide a recommendation of denial, approval or conditional approval to the city council who shall deny, approve or give conditional approval.
1. Slope Analysis Exhibit: A detailed slope analysis exhibit shall be prepared for all parcels containing "hilltop" and/or "hillside conditions", defined herein.
a. For the slope analysis, the applicant shall use a base topographical map of the subject site, prepared and signed by a Utah licensed civil engineer or land surveyor. This base topographical map shall include all adjoining properties within one hundred fifty feet (150') of the site boundaries to portray the site's context.
b. The slope analysis calculations shall be prepared by a Utah licensed professional who is proficient in creating the exhibits with the use of computer software designed for preparing said exhibits. This slope analysis shall be prepared using CAD based or GIS based software specifically designed for such purpose. Contours on the exhibits shall be prepared using no greater than two foot (2') contour intervals at a scale of not less than one inch equals two hundred feet (1" = 200'). The slope analysis exhibit shall delineate slope bands, with contrasting colors, for the following slope ranges:
0% to 20%,
20.01% to 25%,
25.01% to 30%,
30.01% to 40%, and
40.01% or greater.
c. The slope analysis exhibit shall include a tabulation chart indicating the land area in acres within each slope category as identified herein.
d. Also included in the slope analysis exhibit shall be a sufficient number of slope cross sections to clearly illustrate the extent of the proposed grading. The slope cross sections shall:
(1) Be drawn at the same scale and indexed, or keyed, to the existing topography, grading plan, and project site map. Both vertical and horizontal scales shall be indicated and be of the same scale. The slope cross sections shall extend at least one hundred fifty feet (150') outside the project site boundaries to clearly show impact on adjacent property. Slopes shall be calculated in intervals no greater than forty feet (40') along the cross sections.
(2) At a minimum, be drawn along those locations of the project site where:
(A) The greatest alteration of existing topography is proposed.
(B) The most intense or massive development is proposed.
(C) The site is most visible from surrounding land uses.
(D) Grading will impact natural drainage conditions.
(3) At least two (2) of the cross sections shall be roughly parallel to each other and roughly perpendicular to existing contour lines.
(4) The slope cross sections shall be stamped and signed by a Utah licensed professional proficient in creating such cross sections indicating the datum, source, and scale of topographic data used in the cross sections. The signer shall attest to the fact that the cross sections have been accurately calculated and identified.
(5) The slope cross sections shall show existing and proposed topography, structures, and roadways. Proposed topography and features shall be drawn with a dashed line. Existing topography and features shall be drawn with a solid line.
2. Concept Plan: The concept plan shall be reviewed by the individual or body designated to recommend or grant approval. Any application for a use on property containing a hilltop or hillside condition shall include a conceptual plan of the proposed development which includes the following:
a. General Information:
(1) Name, address and telephone number of applicant.
(2) Names, addresses and telephone numbers of the persons responsible for the preparation of any required reports.
(3) Date of application.
(4) Signatures of the owners of the site or of an authorized representative.
b. Vicinity Map: A vicinity map showing the location of the site in relationship to the surrounding area, watercourses, hillsides, prominent geographic features, roads and other significant features and structures.
c. Proposed Development Plan: A plan of the proposed development at a scale of not less than one inch equals two hundred feet (1" = 200') illustrating:
(1) Boundary Lines: Boundary lines of the site and development to be made thereon.
(2) Preservation Areas: Any identified preservation areas within which development shall be prohibited.
(3) Improvements: All existing and proposed improvements.
(4) Location Of Hilltop Or Hillside Conditions: The portion of the property containing a hilltop and/or hillside conditions.
d. Type; Nature: The type and nature of the development.
e. Goals; Objectives: The goals and objectives of the developer.
f. General Plan: The development's relationship to and compatibility with the general plan and other city master plans.
g. Existing Conditions Photographs: Digital photographs of the site as it exists at time of application. The photographs shall include the number of views adequate to depict the visual character of the entire site and any special features, especially prominent ridgelines or landforms and any topographical areas with steep slopes and/or unique topographical features planned for disturbance. A minimum of three (3) views of the area of the proposed development as seen from surrounding properties shall be included.
3. Technical Reports:
a. Grading Plan: A grading plan, at a scale of not less than one inch equals two hundred feet (1" = 200'), shall show the existing and proposed contours and cross sections, and proposed areas of cut and fill. A legend with appropriate symbols which shall include, but not be limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, and pad and finished floor elevations. Accurate contours, at no greater than two foot (2') contour intervals, showing the topography of the existing ground extending at least one hundred fifty feet (150') outside all boundary lines of the site, or more if needed to sufficiently show on and off site drainage, shall also be included. The grading plan shall include a description of the import and export methods to be employed in acquisition or disposal of soil and other material, including the location of the disposal site. A schedule shall be included showing when each stage of the project will be completed, including the estimated starting and completion dates.
b. Drainage Report And Plan: A drainage control plan and report shall be prepared by a Utah licensed professional civil engineer, and must be consistent with all other reports required in this section or other reports required in applicable sections of the building code.
(1) The drainage plan and report shall show all surface and subsurface natural drainage systems and facilities, walls, curbing or other erosion protection devices to be constructed in connection with or as part of the proposed work, together with a map showing the drainage area and estimated runoff of the area to be served by any drainage systems or facilities.
(2) Each lot or parcel shall be designed in such a manner that stormwater or nuisance water shall not adversely impact other properties in the area. Property development shall not unnecessarily 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 rights 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.
(3) All drainage systems shall be separate and independent from the sanitary sewer system.
(4) Drainage and flood control shall be designed in conformance with applicable city and state drainage, flood control and engineering standards, and shall comply with the city's stormwater master plan.
(5) Underground pipe systems shall be designed to carry a 10-year storm at a minimum. Major hydraulic structures shall be designed to carry a 25-year storm at a minimum. The minimum storm drain size shall be eighteen inches (18") or as required by a hydrology study.
c. Improvements Plan: This plan shall show any existing and proposed buildings or structures and cross sections of the areas where they are or will be located, and all proposed roads, utilities, easements and drainage channels on the property where the work is to be performed. Also, the location of any buildings or structures on adjacent property which may be affected by grading operations shall be shown.
d. Geotechnical Report: The most current "Geologic Hazard And Adverse Conditions, St. George - Hurricane Metropolitan Area" document and maps prepared by the Utah geological survey shall be reviewed when considering a site for development. A Utah licensed professional engineering geologist or a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering shall prepare the geotechnical report. The geotechnical report shall include the following:
(1) A general description of the topography, drainage conditions, surface vegetation, and surface features such as rock outcroppings, existing structures, debris, and unstable or wet conditions.
(2) A location map showing the footprints of the planned improvements and the exploration locations with elevations.
(3) An evaluation of the subsurface conditions, including a complete record of the explorations, laboratory test results, and the elevation of the water table, if encountered.
(4) Identification of potential geotechnical constraints on the project site (such as expansive rock and soil, collapsible soil, shallow bedrock and caliche, gypsiferous rock and soil, potentially unstable rock or soil units, shallow groundwater, and windblown sand), and recommendations for their mitigation.
(5) The locations of any springs and seeps on the project site, and recommendations concerning the effects of the springs and seeps on the proposed development.
(6) Specific geotechnical recommendations for the design and construction of the proposed project, which shall include the following:
(A) A general assessment of the requirements needing to be met to develop the proposed site.
(B) Site preparation and grading, and the suitability of the on site soils for use as structural fill.
(C) Stable cut and fill slopes, including recommendations concerning the effects of material removal and the introduction of water, both on and off site.
(D) Recommendations for foundation type and design criteria, including, but not limited to, bearing capacity of natural or compacted soils, provisions to mitigate the effects of expansive, compressible or collapsible soils, differential settlement and varying soil strength, and the effects of adjacent loads.
(E) Anticipated total and differential settlement.
(F) Special design and construction considerations, as necessary, such as the excavation and replacement of unsuitable materials, excavation difficulties, stabilization, or special foundation provisions for problem soil conditions.
(G) Design criteria for restrained and unrestrained retaining walls.
(H) Soil corrosion.
(I) Moisture protection and surface drainage.
(7) Detailed design recommendations for any planned rockery walls, mechanically stabilized earth (MSE) walls, and/or reinforced fill slopes.
(8) A detailed slope stability analysis may be required if potentially unstable rock or soil units or slope creep have been identified on the site. The analysis shall include, but not be limited to, a determination of residual shear strength, soil saturation and treatment methods required to provide a minimum safety factor of 1.5 for any identified slope within the project boundary.
e. Geology Report: The most current "Geologic Hazard And Adverse Conditions, St. George - Hurricane Metropolitan Area" document and maps prepared by the Utah geological survey shall be reviewed when considering a site for development. A Utah licensed professional engineering geologist or a Utah licensed professional engineer who is trained and experienced in the practice of geotechnical engineering shall prepare the geology report. The geology report may be included in the geotechnical report, and shall include the following:
(1) The location and boundaries of the project site and its general geologic setting.
(2) A description of the specific geologic conditions at the site.
(3) Identification of potential geologic hazards (such as faults, landslides, rockfall, flooding and liquefaction).
(4) Conclusions and recommendations regarding the effects of the geologic conditions and any potential hazards on the proposed development, and recommendations to minimize any hazard to life or property, or any adverse impact on the natural environment.
f. Landscape Plan: A landscape plan and report shall be prepared by a Utah licensed professional landscape architect. The report shall include a description of existing vegetation, a plan of any proposed revegetation of the site or modifications to existing vegetation, and a plan for the preservation of existing vegetation during construction activities.
g. Other Reports: Other reports deemed necessary by the individual or body designated to recommend or grant approval to assure the health, safety and welfare of the project residents or general public may be requested from the applicant by written specification. These may include phase I or phase II environmental hazardous materials studies, biological resources reports, or other reports. Such reports shall be submitted with other application materials.
h. Grading Limit Monuments: Permanent monuments shall be installed to permit monitoring and enforcement of the grading limits during and after construction activities. The monuments shall be installed at locations determined by the individual or body designated to recommend or grant approval in accordance with the specifications included in the latest construction standards included in this code. Monuments shall be installed and preserved during construction at the sole expense of the applicant.
4. Additional Information: The individual or body designated to recommend or grant approval may require additional visual analysis exhibits or other reports to adequately address unique circumstances and comprehend the full impact of any proposed development in the property containing hilltop and/or hillside conditions.
a. The city may, at its discretion, require additional information such as line of sight view analysis for particular features or analysis of views to/from specific locations. City staff shall determine the number of any additional exhibits required and their locations and perspectives by visiting the site with the developer's representative.
b. Furthermore, in some cases the city may require the preparation of computer generated three-dimensional imaging or photo embedded visual simulations to adequately depict the postdevelopment conditions and their impact on the visual character of the site. Included shall be depictions of any topographical areas with steep slopes and/or unique topographical features planned for disturbance, illustrated at a distance and perspective that will adequately illustrate postdevelopment conditions along with the proposed mitigation for development. In tandem with these exhibits, predevelopment digital photographs of the site, showing identical views utilized in the postdevelopment computer generated three-dimensional imaging exhibits or photo embedded visual simulations, shall be included for comparison. City staff shall determine the number of computer generated exhibits and their locations and perspective by visiting the site with the developer's representative.
E. Approval Required Before Excavation: It shall be unlawful to excavate or grade any hilltop, hillside, or areas containing hillside conditions, within the city, prior to final approval of the site plan for permitted uses and approval of the preliminary plat or minor subdivision plat for subdivisions by the planning commission and city council, and prior to final approval of the required construction drawings for said site plans and subdivisions by city staff, and prior to the installation of the grading limit monuments as required. Any hillside excavation, or cutting which is done without the property hillside development permit shall be a class B misdemeanor and shall be subject to the penalties set forth in title 1, chapter 4 of this code.
F. Penalties: The director of operations or his designee shall have the right to order a halt to construction of any improvements within a hillside development where, in his opinion, there exists a condition which violates or threatens to violate any of the provisions of this chapter. Such suspension of construction activities shall continue until the director of operations or his designee is satisfied that measures have been implemented for substantial compliance with this chapter.
G. Bonding, Easement, And Restoration:
1. A surety bond, cash bond, or irrevocable letter of credit to assure hillside restoration shall be provided prior to issuance of a hillside development permit, along with a temporary travel, access, and construction easement ("temporary easement") to and upon the property to be developed.
a. Financial Guarantee:
(1) Such financial guarantee shall be provided in an amount sufficient to ensure necessary removal of dumped materials, completion of revegetation projects, soil stabilization, the construction of stormwater drainage facilities, other hazard mitigation measures including grading, planting and maintenance, in the event the developer fails to complete the hillside restoration in accordance with the approved plan within two (2) years from the issuance of the permit; provided, that the city council may grant such additional time extension as may be necessary to allow completion of the restoration work in the event significant progress toward completion of the project is underway.
(2) The financial guarantee shall cover and be in force for a period of three (3) years from the issuance of the hillside development permit; provided, however, that any extension in time for performance granted by the city shall require and be conditioned on the granting, by the developer, of an extension in the duration of the financial guarantee that at least equals the amount of the duration of time for performance requested and granted.
(3) Notwithstanding the provisions of subsection G1a(2) of this section, the city shall release its interest in the financial guarantee (or portion thereof remaining), for restoration purposes, at any time that the excavated or affected area of the development property is restored and accepted as complete by the mayor, city administrator, or designee thereof.
(4) The surety bond, cash bond, or letter of credit shall cover the cost, as estimated by an approved landscape architect, or a geotechnical engineer and approved by the city engineer, to restore the hillside to an acceptable level of appearance and stability. In the case of a dispute over what constitutes an acceptable level of restoration, the decision of the city administrator shall be determinative.
b. Temporary Easement:
(1) Such temporary travel, access, and construction easement ("temporary easement") shall: a) be granted by the property owner(s) of the property subject to the development request, b) run with the land, c) be in writing, d) be recorded in the office of the county recorder, e) apply to and cover the property subject to development approval, and f) be in force for a period of three (3) years from the issuance of the hillside development permit; provided, that:
(A) Any extension in time to perform under subsection G1b(1) of this section shall require and be subject to the granting by the property owner(s) of an additional and similar temporary easement to the city in the amount of time requested and granted, to run and continue from the end of time covered and granted under any such current temporary easement to the city from the property owner(s); and
(B) The city may release its interest in such temporary easement prior to the expiration of such documented easement, upon request, if and when the hillside restoration has been accepted as complete by the city and the restoration bond has been released.
(2) The temporary easement shall be granted to allow the city and its officials, employees, and contracted personnel to enter and remain upon the development property for purpose of: a) performing required unperformed hillside restoration, and removal and disposition of soils, vegetation and other debris that are deemed necessary by the city to complete such hillside restoration; b) traveling in, out, and upon said property for the duration of such hillside restoration related surveying, engineering, construction, and removal of soils, vegetation, and debris; and c) parking city and other construction vehicles thereon, as needed for such hillside restoration, for the duration of such restoration efforts of the city and those contracted therewith.
(3) The rights granted pursuant to the temporary easement shall only be exercised by the city, and those taking thereunder, in the event that the hillside is not restored according to the approved restoration plan during the two (2) years following issuance of the hillside development permit.
2. In the event the developer fails to complete the hillside restoration to the satisfaction of the city, within two (2) years following the issuance of the hillside development permit, the city shall have the right to exercise its rights under the temporary easement and call upon and use the proceeds of the financial guarantee (provided for hereinabove) to:
a. Restore all cuts with existing soil to approximate the natural lay of the land. If safety issues remain, brick, rock, block, stone, other natural materials may be used to create a safe slope.
b. Revegetate all disturbed earth with grasses such as perennial rye, blue or fescue and/or shrubs like creosote, Apache plume, or Mormon tea. Other appropriate grasses and shrubs may also be approved by the city council.
H. Enforcement: The city may enter legal proceedings to require any person who violates this chapter to fund and return a site to the condition found prior to any disturbance. The city administrator, or his designee, shall determine when this natural state has been achieved, or shall set specific requirements necessary to achieve the natural and restored state. Legal proceedings may also seek to impose and collect a fine in order to recover staff costs incurred through addressing any violation of this section.
I. Plan Certification: City staff designated to grant approval shall certify the concept plan and issue a hillside development permit following approval by the planning commission and city council. The following technical reports and plans shall be certified as described prior to final plat approval, certification of the concept plan and issuance of a hillside development permit or building permit.
1. Grading Plan Certification: Upon completion of rough grading work and prior to any excavation for foundations or structures, an as graded plan prepared and certified by the Utah licensed civil engineer who prepared the approved grading plans shall be submitted to the operations department for review and approval. The as graded plans shall include original ground surface elevations, as graded surface elevations and all other features that were a part of the approved grading plan. The engineer shall provide certification on the as graded plan that the work was done in accordance with the approved grading plan and the city's grading requirements.
2. Landscape Plan Certification: Landscape and irrigation plans shall be prepared by a licensed landscape architect and shall be submitted to and approved by the operations department. A Utah licensed landscape architect shall certify that the plans comply with the city's water conservation and landscape requirements.
3. Drainage Plan Certification: The drainage plan shall be approved by the city engineer. The plan shall be prepared in conformance with guidelines available in the city engineer's office. The point of location where the natural drainage channel enters and leaves the property may not be changed without approval of the city engineer.
4. Construction Drawings And Improvements Plan Certification: The construction drawings and improvements plan shall be reviewed and approved by the city engineer. The city engineer shall verify that any existing buildings or structures, and all roads, easements and drainage channels on the property where the work is to be performed or on adjacent properties is accurately illustrated and described.
5. Other Certification: Other reports deemed necessary by the individual or body designated to grant approval may require certification. If necessary, any requirements for approval will be described at the time of the initial written request for additional technical reports, and certification will depend on the procedure, conditions, or terms described therein.
J. Engineer Review:
1. The city engineer shall:
a. Review the plans, reports, and certifications (PR&C) required by the city in accordance with the provisions of subsections D and I of this section; and
b. Identify any portions of such PR&C which: 1) are incomplete, 2) require greater specificity, and/or 3) inadequately address the relevant requirements of this code; and
c. After such review, identify any conditions, on or related to the property to be developed, which prohibit or limit development (e.g., high water table, blue clay conditions, etc.) and should be noted or otherwise included on the plat and made a matter for public notice, to protect subsequent owners, builders, caretakers, and/or developers of said property (e.g., plats; covenants, conditions and restrictions (CC&Rs); deed restrictions and covenants; and/or notices of interest filed with the county recorder); and
d. After consultation with the city attorney, as needed, recommend:
(1) Prohibitions and/or limitations on development, and
(2) Reasonable mitigation and notification requirements to effectuate the purposes and concerns of subsection J1c of this section, regardless of whether such requirement is specifically set forth in this code.
2. The recommendations of the city engineer, under subsection J1d of this section, shall:
a. Supplement the specific requirements of this code; and
b. Carry a rebuttable presumption of reasonableness, and, unless successfully rebutted under subsection J3 of this section, shall constitute requirements of the city with regards to the proposed development of the property.
3. A developer who disagrees with the recommendation of the city engineer may challenge such recommendation as unreasonable, unnecessary, and/or unduly burdensome; or on the basis that the condition or restriction to which the recommendation can, through proper and legitimate engineering and/or architectural/landscape design, be adequately and appropriately addressed and/or mitigated through a reasonable and more affordable alternative, approach, or solution. To do so, the developer shall submit, in writing: a) the developer's disagreement and the factual and legal basis therefor; b) an alternative method, approach, or solution, if any; and c) the desired resolution of the disagreement.
a. Informal: If the city engineer is persuaded by the submittal(s), the city engineer may: 1) withdraw, alter, or alter with conditions said recommendation; and/or 2) adopt or suggest the submitted, or another reasonable, alternative recommendation.
b. Formal:
(1) If the city engineer disagrees with the developer and does not alter said recommendation, the developer may:
(A) Accept the determination of the city engineer as final; or
(B) Contest the recommendation; and submit proposed engineering plans and/or architectural designs (stamped by a licensed engineer and/or architect [as appropriate]), for consideration by the city engineer, in support of the developer's claim, dispute, or suggested alternative.
(2) If the city engineer still disagrees with the developer's claim, dispute, or suggested alternative, the developer may:
(A) Retain the services of a second qualified engineer or architect, to study the matter and submit his or her opinions, findings, and recommendations to the city engineer for consideration;
(B) Request that the city and the developer (at the city's option) secure the services of another qualified engineer or architect, as appropriate, with the expenses thereof to be shared, as agreed, by and among the parties to the dispute or controversy (including the city), to study the matter and to submit his or her opinions, findings, and recommendations to the city engineer for consideration;
(C) Request that the city's land use authority consider the matter and waive, or waive with conditions, required compliance with the recommendation of the city engineer; and/or
(D) Appeal in accordance with the terms and provisions of subsection L of this section.
K. Notice And Liability Issues:
1. Where the city engineer, planning commission, and/or city council has identified any condition(s), on or related to the property to be developed, which do(es) or should prohibit or limit development (e.g., high water table, blue clay conditions, etc.), the city may, as appropriate:
a. Deny development; or
b. Approve the development, with or without conditions.
2. Where a development is approved under or in accordance with the provisions of subsection K1b of this section, the city, in order to limit its own liability and to afford reasonable notice to subsequent owners, builders, caretakers, and/or developers of the property to be developed (and those providing financing therefor), may require the developer to:
a. Provide the city with a release, waiver, hold harmless, and covenant not to sue (document), acceptable to the city attorney, assuming responsibility and liability for the development and any harm that may be occasioned to themselves or others, for a period of ten (10) years from the date thereof, as a result of such condition(s) as are identified by the city engineer under the provisions of subsection J of this section. (This shall be required when the city engineer has recommended against construction on or development of the land, and the city determines to grant approval.);
b. Note such condition(s) on the subdivision plat(s) and site plan(s) to be approved (if any);
c. Make such condition(s), and any required restriction(s) to address such condition(s) (such as a prohibition against basements, certain types of water intensive activities which may lead to drainage problems or soils instability, etc.), a matter of public record through one or more of the following methods, as determined reasonable and appropriate by the city: covenants, conditions and restrictions (CC&Rs); deed restrictions and covenants; and/or notices of interest filed with the county recorder; and/or
d. Note on the documents referenced in subsections K2b and K2c of this section that there is one or more specified conditions on the property which may restrict or prohibit development, and that a property owner, in purchasing and/or taking ownership in the property, assumes liability for the specified condition and for making financiers of the property and the owner's successors in interest aware of the condition on the property when financing, refinancing, or conveying his or her interest in the property.
L. Appeals:
1. In the event of a disagreement with the requirements imposed by city staff, the city engineer, the planning commission, or city council in connection with this chapter, an applicant may appeal the matter to the appropriate and relevant administrative appeals body of the city for relief (e.g., the board of adjustment, for land use and zoning matters; or the board of appeals, for building related code matters).
2. In the event the applicant is dissatisfied with the decision of the board of adjustment pertaining to a hillside development permit, the applicant may appeal the decision to a court of competent jurisdiction as permitted by section 10-9a-704, Utah Code Annotated (1953, as amended).
M. Verification Of Compliance: For developments on a "development parcel" to which this chapter applies, as defined in section 10-7A-2 of this chapter, certification by a Utah licensed engineer that the development has been completed in compliance with the approved hillside development permit, including satisfaction of any conditions contained in the permit, shall be required. Restoration bonds shall not be released, and certificates of occupancy shall be withheld for such a development, until such certification has been received by the city engineer. (Ord. 2013-03, 4-3-2013)