The purpose of this chapter is to regulate development in sensitive areas in order to preserve the city of Plain City's unique visual character, conserve the public health, safety, and general welfare, and promote environmentally sound design and planning. In order to ensure the preservation of the land in flood areas, the regulations of this section are established to recognize that development of land in flood areas involves special considerations and unique situations which result from the topography of the land. These special considerations and unique situations include, but are not limited to, increased hazards to development from stormwater runoff and potential flood areas. In addition, steeply sloped land presents design limitations to roadways, cuts and fills, and buildings, and difficulties in providing public services.
A. With the enactment of this chapter, the city council of Plain City intends to:
1. Protect life and property from all potentially hazardous conditions particular to stormwater runoff, and potential flood areas;
2. Preserve and enhance the scenic and environmental resources of the landscape by encouraging the maximum retention of prominent natural topographic features, such as drainage swales, streams, slopes/bluffs, vistas, natural plant formations, and trees;
3. Encourage innovative site and architectural design and planning in order that the development adapts to the natural terrain and is harmonious with the character of the area;
4. Minimize grading and cut and fill operations consistent with the retention of the natural character of the land;
5. Minimize stormwater runoff and erosion problems incurred by the development on and off the site;
6. Preserve, where possible, natural streams, ponds and associated riparian vegetation;
7. Require the retention of trees and other vegetation which stabilizes and retains moisture, prevents erosion, and enhances the natural scenic beauty and to require additional landscaping where it is necessary;
8. Encourage the retention of trees and other vegetation throughout the site instead of just in the periphery area of the development and to require that graded areas be reasonably distributed throughout the project site;
9. Encourage minimal grading which relates to the natural contour of the land;
10. Encourage road design which follows the natural topography wherever possible in order to minimize cutting and grading;
11. Place the liability and expense of evaluating the condition of potentially unstable land, and determining restrictions which should be placed on its development, upon geologists or engineers employed by the landowner;
12. Implement the Plain City general plan and restrict the use of land to those uses which do not present unreasonable risks to persons or property because of geological and natural hazards and/or geotechnical limitations; within high water table, floodplain and wetland areas.
13. Protect unsuspecting buyers of property within listed areas and preventing fraud in land sales relating to the geologic or other condition of real property;
14. Authorize a governmental function of regulation within the Utah governmental immunity act; and
15. Require compliance with federal emergency management agency (FEMA) floodplain management plan. (Ord. 2013-04, 4-18-2013, eff. 4-19-2013; amd. Ord. 2023-07, 6-1-2023)