(A) Intent. The intent of this section is to allow the installation of major electric power, natural gas and water transmission lines, while meeting the responsibility to provide for the health, safety and general welfare of the public and protect the environment.
(B) Zones permitted. Large-scale utility line installations shall be permitted only in those zones where such are listed as a permitted conditional use, and permits granted only in compliance with this chapter and the regulations of this section.
(C) Plans and documents required. Before a permit can be issued for any construction connected with a large-scale utility line installation, the overall plans, together with documents pertaining to the development, must be submitted and approved as hereinafter set forth.
(1) Application and meeting with Community Development Director. Application forms to appear before the Planning Commission and County Commission for a large-scale utility line installation shall be obtained from the Community Development Director and must be properly completed to initiate the approval process. Prior to applying, the applicants should meet with the Community Development Director to become familiar with the approval process.
(2) Planning Commission review and recommendation. All applications and plans for a large-scale utility installation shall constitute an application for amendment to the General Plan of the county and submitted to the Planning Commission for its recommendations. The Planning Commission shall schedule and hold a public hearing on the proposal, publishing a notice in accordance with the requirements of this chapter and the state’s Open and Public Meetings Act, being UCA §§ 52-4-1 et seq., as applicable. After holding a hearing and reviewing the proposed plans, the Planning Commission shall recommend approval, disapproval or changes in the proposal, and the reasons therefor, to the County Commission.
(3) Conditional approval. After the receiving recommendation from the Planning Commission, the County Commission may approve the application and plan as submitted, may amend the plan and approve the application with such amendment, or reject the application, and may base its findings on the hearing, the recommendations of the Planning Commission or other facts it has gathered in its deliberative process.
(4) Conditional use permit and bond. Upon approval for the utility line installation, the County Commission may authorize the Community Development Director to issue a building permit to commence construction and to state the conditions that apply to such permit. Where public road cuts or considerable grading or other disruptive work will be involved in the construction of the line, the County Commission may require the installers to post a bond to guarantee the conditions of approval will be met. The bond shall be returned at the completion of work and upon meeting the conditions of approval.
(5) Reproducible drawing. The Community Development Director shall obtain a reproducible drawing of the location of the large-scale utility line from the applicant as part of the building permit process.
(6) Reclamation plan for private property. Where said utility line crosses private property, the conditional use permit shall require that a reclamation plan be filed with the County Recorder’s office, detailing specific reclamation work to be completed within one year of completion of the installation, estimated costs and bonding in favor of the property owner and/or county in an amount which is equivalent to 125% of the cost of the reclamation, as determined by a licensed reclamation contractor and approved by the County Engineer. The reclamation plan shall be in a form as approved by the county and shall provide a method by which private property owners may participate and specify particulars related solely to the reclamation of the property (i.e., removal of rocks, compaction of soil, planting types and timing, irrigation system treatment, fence repair, preferred access points to property and the like). Said property owners shall be mailed a certified copy of the reclamation plan, as approved by the county, specific to their property, and shall be afforded a 45-day time period upon which to submit reclamation plan amendments. Said amendments shall be added to the reclamation plan if not appealed to the Planning Commission by the applicant as unreasonable and or unrelated to the reclamation of the project. The Planning Commission shall have final determination on the content of the reclamation plan and any amendments to the plan shall be recorded as conditions of the conditional use permit.
(Prior Code, § 8-6-24)