A. Establishment Of Development Permit:
1. A development permit shall be obtained before demolition, excavation, construction, or change in use, as defined by the adopted code or in this title, within any area of the SSOD.
2. Application for a development permit shall be made on forms furnished by the Community and Economic Development Services Division who shall have the responsibility to review and issue said permit if appropriate. An application conference shall be required between the applicant, applicant's engineer, City Attorney, City Engineer, a Chief Building Official, and the Community and Economic Development Services Manager to review the nature of conditions for development on the site.
a. Use Change: For a change in use request within an existing building, the City Attorney's Office shall determine if the use meets the criteria identified in this section. If the City Attorney's Office determines that the request does meet the criteria, approval shall be granted as evidenced by the signature of the City Attorney or City Deputy Attorney on the application. No other action under this section shall be required and the applicant may proceed with the normal required building permit procedures for conversion of a building. If the City Attorney's Office determines that the use does not meet the criteria, the applicant may present to the City Attorney further evidence for the use or the actions that will be taken to render the use acceptable within the intent of the SSOD, as described in section 17.25.020 of this chapter.
b. Construction And Development Criteria:
(1) For any proposed construction which involves disturbance of the soil or excavation of subsurface materials, the applicant shall refer to the final remediation map available in the City Planning Office and Community Development Services (showing the locations of all cap and barrier areas of the site as well as locations of concentrations of category II, III and IV materials). Excavation or breaks in the cap over the category II material is prohibited. Based on the information on this map, the applicant shall submit a plan illustrating proposed construction and development.
(3) Grading and drainage plans are required and shall specifically assure the protection of the caps or barrier from surface runoff or increased percolation of water into the ground water aquifer.
(4) A proposed monitoring and maintenance plan shall be provided by applicant to assure all caps and barriers on the proposed development site will be maintained in a manner consistent with the requirements of this chapter and assuring minimum opportunity for human exposure to subsurface soils or increased flows of ground water into the underlying aquifer. A model monitoring and maintenance plan to guide applicants in preparation of their plan shall be available in the City Engineer's Office.
(5) All subsections of section 17.60.040 of this title shall apply to the review and approval of proposals for development in the SSOD. Approval shall be based on protection of the remediation and the harmonious development across the district of the architectural elements, site planning, landscaping, signage and building relations which enhance and complement the public and private investments. Individual projects which occur after the initial development of the site shall occur in a manner that complements and supports the original concept. If more than thirty three percent (33%) of the site is proposed for change, a new design concept may be approved. Public areas of landscaping and streetscape proposed at the time of enactment hereof must be reviewed by the Planning Commission to assure a coherent design continues.
(6) The provisions of section 17.60.060 of this title are specifically excluded for purposes of this section.
(7) All submittals required by this chapter shall be delivered to the Public Works Department (4 copies) and City Attorney's Office (2 copies).
(8) Notification of such activities shall be given to the City and EPA at:
Murray City Corporation
Attn: Public Works
4646 South 500 West
Murray City, UT 84123
Murray Smelter Remedial Project Officer - EPR-SR
U.S. Environmental Protection Agency, Region VIII
Mail Code E & F-L
999 18th Street, Suite 500
Denver, CO 80202-2466
B. Excavations:
1. Cuts into barriers may be allowed only in accordance with this section. A permit shall be required for all public or private agencies (public works, telephone, cable, sewer/water utility departments, gas or electric utilities, etc.) who wish to repair, install, access, or cross barriers over category III materials. The City Attorney's Office, in coordination with the Public Works Department, shall review and approve in writing all applications for permits to assure that proper control and disposal of excavated subsurface material will occur. The applicant, on an application form provided by the City, shall identify the purpose of the excavation, how the opened area will be protected from access while the cut is open, how excavated materials will be handled to prevent their erosion by wind or water, how the excavated material will be disposed of (e.g., backfilling the cut, off site disposal at an approved location for the material, etc.), and the specifications for the replacement of the barrier.
2. Cuts into caps over the category II soils are prohibited. If, due to some inadvertent action, a break in the cap occurs, the City and the EPA shall be immediately notified. Any replacement of the cap shall meet the original criteria. Interim actions shall be taken by the City to prevent access to the exposed materials until the cap can be replaced.
3. If subsurface soils are exposed or stockpiled on the site for more than twenty four (24) hours, the applicant shall identify how the soils will be protected from wind/water erosion and prevent public access. Fencing shall be a minimum requirement to prevent access to exposed or stockpiled soils. If subsurface soils are to be permanently displaced, the applicant shall identify where on site the soils will be disposed and the type of barrier to be placed over those soils. No subsurface soils identified as category III materials shall be disposed of off site unless a party complies with the appropriate off site rule as set forth in the Code of Federal Regulations.
4. Excavations including category IV material must not occur until a minimum health safety plan has been prepared and approved by the City. Such plans shall contain, at the minimum, treatment of air quality, dust suppression and disposal location(s). No category IV material shall be deposited on the surface of the ground.
C. Water Supply: Water supply in the Overlay District shall be from the City's culinary water system. Use of existing wells or creation of new wells is prohibited in the SSOD after the effective date hereof. Monitoring wells are excluded from this prohibition.
D. Storm Drainage: Drainage plans shall be required for all developments, whether an individual building permit, subdivision or resubdivision, or planned unit development. The runoff on a site shall not adversely affect the caps or barriers within the SSOD. The drainage plans shall ensure erosion or undercutting of caps or barriers does not occur. All drainage shall be directed to the City's storm drain system. Easements and infrastructures may be required on private grounds to assure proper drainage occurs. Any on site storage of stormwater runoff, as part of a drainage system, shall be on impermeable surfaces. The objective of this section is to reduce percolation of water into the SSOD's ground water aquifer, as well as control erosion of the caps and barriers. All wetlands shall be protected from surface runoff unless otherwise specified in the selected remedy plan. (Ord. 18-06: Ord. 07-30 § 2)