18.28.050: INDEPENDENT SITE DEVELOPMENT ACTIVITIES:
   A.   General Application: No person shall commence, perform, or cause any grading to be done in excess of the limits specified below without first obtaining a site development permit. A separate independent site development permit not otherwise required under section 10.28.040 of this chapter shall be required for each site on which grading is to be done as specified in subsection A1 of this section.
      1.   General: A site development permit shall be required in all cases where development comes under any one or more of the following provisions:
         a.   Excavation, fill, or any combination thereof exceeding one thousand (1,000) cubic yards;
         b.   Excavation, fill, or any combination thereof exceeding five feet (5') in vertical depth at its deepest point measured from the adjacent, undisturbed, ground surface;
         c.   Excavation, fill, or any combination thereof exceeding an area of one-half (1/2) acre;
         d.   Excavation, fill, or any combination thereof exceeding seventy five percent (75%) of a building site including the excavation for foundations and footings;
         e.   Removal of vegetation from an area in excess of one-half (1/2) acre for purposes other than agricultural;
         f.   Engineered interior fills or surcharges;
         g.   Fuel break for fire protection purposes;
         h.   Commercial quarries or mining activities operating in appropriate industrial zone as provided in the Salt Lake City zoning ordinance;
      2.   Waiver: All of the following requirements and standards shall apply unless deemed unwarranted by the building official and waived in writing.
   B.   Permit Application: Each application for an independent site development permit shall be made by the owner of the property, or the owner's authorized agent, to the building official on a form furnished for that purpose. The application shall include:
      1.   Required Information: Three (3) copies of plot plans of the property, drawn to scale, which:
         a.   Identify and describe the work to be covered by the permit for which application is made;
         b.   Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed work and identify lots of any platted subdivision included within the proposed building site;
         c.   Indicate the use or occupancy for which the proposed work is intended;
         d.   Be accompanied by plans, diagrams, computations, and specifications and other data as required;
         e.   Be signed by property owner or permittee, or his authorized agent, who may be required to submit evidence to indicate such authority;
         f.   Location of existing and proposed buildings or structures on the applicant's property, and the location of buildings or structures on adjacent properties which are within fifteen feet (15') of the applicant's property, or which may be affected by the proposed site development activities;
         g.   Location of property lines and all existing and proposed streets, roadways, driveways, easements, and rights of way on, contiguous, or adjacent to the proposed development site;
         h.   The present contours of the site in dashed lines and the proposed contours in solid lines. Contour intervals shall be not greater than two feet (2') where slopes are predominately five percent (5%) or less, and five feet (5') where slopes are predominately steeper than five percent (5%). The source of all topographical information shall be indicated;
         i.   The location of all drainage to, from, and across the site, the location of intermittent and permanent streams, springs, culverts, and other drainage structures, and size and location of any precipitation catchment areas in, above, or within one hundred feet (100') of the site;
         j.   Detailed plans and location of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs, and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing drainage areas, and the complete drainage network including outfall lines and natural drainageways which may be affected by the proposed project. Include the estimated runoff of the areas served by the proposed drainage system;
         k.   Plan showing temporary erosion control measures to prevent erosion during the course of construction;
         l.   All grading in excess of five thousand (5,000) cubic yards shall require professional engineering and shall be designated as "engineered grading". Any application including engineered grading shall contain a grading plan prepared by a registered professional engineer or licensed architect;
         m.   A revegetation plan including:
            (1)   A survey of existing trees, shrubs, and ground covers,
            (2)   A plan for the proposed revegetation of the site detailing existing vegetation to be preserved, new vegetation to be planned and any modification to existing vegetation, and
            (3)   A plan for the preservation of existing vegetation during construction activity;
         n.   Statement of the estimated starting and completion dates for the grading work proposed and any revegetation work that may be required;
         o.   Identify the type of surcharging fill material to be used on the building site;
         p.   Estimate the amount of time surcharging fill material will be in place, and show consideration by a soils engineer of the potential for vertical and lateral soil movements on properties adjacent to the surcharge;
         q.   A description of the method to be employed in disposing of soil and other material that is removed from the site, including the location of the disposal site;
         r.   A description of the method to be used in obtaining fill to be used on the site and the site of acquisition of such fill;
         s.   If the proposed development lies within five hundred feet (500') of an identified fault, a geological report and verification as per subsection 18.28.040C2 of this chapter will be required. Said report may be submitted for review to the Utah geological survey by the building official;
         t.   If applicable, submit a copy of the recorded subdivision plat showing developable area limitations;
         u.   Application for commercial quarries shall contain an acceptable plan for the eventual rehabilitation and use of the quarry site after the resources have been removed. Such a plan, at a scale of not less than one inch equals one hundred feet (1" = 100') with contour intervals not greater than five feet (5'), shall be compatible with its surroundings and in general agreement with the city's master plan. The plan shall show the proposed treatment of any stream channel adjacent to the resource deposits during extraction operations. Limits of excavation shall be determined to protect any natural or improved channel and any nearby wooded areas considered vital to the function of the rehabilitated area. Include the estimated time period during which quarrying and land rehabilitation operations will be conducted.
      2.   Additional Information Which May Be Required: The following information shall be provided in triplicate if requested by the building official or city engineer:
         a.   Slope classification map and analysis;
         b.   Profiles or cross sections;
         c.   Additional drainage calculations;
         d.   Soils data including a report from a registered soils engineer, engineering geologist, or other qualified person;
         e.   Statement of the estimated starting and completion dates for the grading work proposed and any revegetation work that may be required.
         f.   Detailed revegetation plans for the site and, if appropriate, information relating to the landscaping on adjacent or surrounding areas affected by the proposed development. Such revegetation plans shall be prepared by a licensed engineer, architect, landscape architect, or other qualified person. These plans shall show:
            (1)   Distribution of plants, existing trees, and work involved as related to slope control and/or physical environment;
            (2)   A plan describing the methods of planting the areas to be landscaped with special emphasis on soil preparation, plant selection, methods of planting, and initial maintenance of plants and slopes until a specified percentage of plant coverage is uniformly established on cut and fill slopes;
            (3)   Such other and further details as may be specified by the building official or city engineer to carry out the purpose of this title. All such plans shall bear the name of the person responsible for the preparation of the plan;
            (4)   The revegetation plan will be submitted by the building official to the Salt Lake City parks department's landscape architect for review.
         g.   Such other information as shall be required by the building official or city engineer.
      3.   Fee: Each site development application made independent and separate from a building permit application shall be accompanied by payment of an application fee pursuant to the Salt Lake City consolidated fee schedule.
   C.   Granting Permit: To further the specific purposes of this title as set forth in subsection 18.28.010C of this chapter, the following procedures are established:
      1.   Referrals: The application shall be referred by the building official to the city engineer and planning director for review. Further, applications may also be referred to the Utah geological survey and other appropriate advisors for comments and recommendations as deemed necessary or appropriate.
      2.   Conformity To Plans: The building official shall be responsible to arrange for required inspections by appropriate inspectors who shall either approve that portion of the work completed or shall notify the permittee wherein the same fails to comply with this title. Where it is found by inspection that conditions are not substantially as stated or shown in the site development permit applications, the inspector shall stop further work until the work conforms to the approved plan or approval is obtained for revised plans.
      3.   Abatement Of Hazardous Conditions: If, at any stage of site development, the building official determines by inspection that the work is creating hazardous conditions, he may suspend the work until provisions for abatement and/or correction are completed as set forth in subsection E of this section.
   D.   Inspections:
      1.   Inspection Schedule: At the time a site development permit is issued, the building official shall establish the stages of development at which inspections required by subsection 18.28.040J of this chapter shall be made. In order to obtain inspections, the permittee shall notify the city of readiness at least twenty four (24) hours before said inspection is to be made.
      2.   Conformity To Plans: The building official shall be responsible to arrange for required inspections by appropriate inspectors who shall either approve that portion of the work completed or shall notify the permittee wherein the same fails to comply with this title. Where it is found by inspection that conditions are not substantially as stated or shown in the site development permit applications, the inspector shall stop further work until the work conforms to the approved plan or approval is obtained for revised plans.
      3.   Abatement Of Hazardous Conditions: If, at any stage of site development, the building official determines by inspection that the work is creating hazardous conditions, he may suspend the work until provisions for abatement and/or correction are completed as set forth in subsection E of this section.
   E.   Grading And Erosion Control Design Standards And Regulations: All site development work shall be accomplished in conformance to the following provisions:
      1.   Hours Of Operation: All grading operations in or contiguous to residential neighborhoods shall be carried on between the hours of seven o'clock (7:00) A.M. and five thirty o'clock (5:30) P.M. The city engineer may waive this requirement if it is shown that by restricting the hours of operation it would unduly interfere with the development of the property and it is shown that the neighboring properties would not be adversely affected.
      2.   Dust And Dirt Control: All graded surfaces of any nature shall be dampened or suitably contained to prevent dust or spillage on city streets or adjacent properties. Equipment, materials, and roadways on the site shall be used or treated so as to cause the least possible annoyance due to dirt, mud, or dust conditions.
      3.   Undevelopable Slopes: Any natural slopes identified on a slope classification map of thirty percent (30%) or greater shall be designated undevelopable area. Said slope, if retained within the subdivision, may be designated and maintained as common area. In no event shall streets traverse such slopes.
      4.   Finished Cuts And Slopes: Limitations shall be applied to the extent of cut and fill slopes to minimize the amount of excavated surface or ground area exposed to potential erosion and settlement.
         a.   The exposed or finished cuts or slopes of any fill or excavation shall be smoothly graded.
         b.   All cut and fill slopes shall be recontoured and revegetated by the subdivider in accordance with an approved plan.
         c.   Cut or fill slopes shall normally be limited to fifteen feet (15') in vertical height. However, upon review and favorable recommendation of the city engineer and public utilities director the building official may approve cut and fill slopes exceeding fifteen feet (15') provided that such variations be allowed on a limited basis after thorough review of each request and only when balanced by offsetting improvements to the overall aesthetic, environmental, and engineering quality of the development.
         d.   No excavation creating a cut face and no fill creating an exposed surface shall have a slope ratio exceeding one and one- half horizontal to one vertical (11/2:1).
         e.   Exceptions:
            (1)   No slopes shall cut steeper than the bedding plane, fracture, fault, or joint in any formation where the cut slope will lie on the dip of the strike line of the bedding plane, fracture, fault, or joint.
            (2)   No slopes shall be cut in an existing landslide, mudflow, or other form of naturally unstable slope except as recommended by a qualified geological engineer.
            (3)   Where the formation is exposed above the top of the cut which will permit the entry of water along bedding planes, this area shall be sealed with a compacted soil blanket having a minimum thickness of two feet (2'). The soil for this blanket shall be relatively impervious and shall be approved by the soils engineer or engineering geologist.
         f.   If the material of a slope is of such composition and character as to be unstable under the anticipated maximum moisture content, the slope angle shall be reduced to a stable value or retained by a method approved by the city engineer and certified as to its stability by a soils engineer or geologist. Said retaining method shall include design provisions which are:
            (1)   Conducive to revegetation for soil stability and visual impact;
            (2)   Used for selected areas of the site and not as a general application; and
            (3)   Limited to tiers each of which is no higher than six feet (6'), separated by plantable terraces a minimum of two feet (2') in width;
         g.   Any retaining system shall remain and be maintained on the lots until plans for construction are approved and a building permit is issued. The plans shall include provisions to integrate driveway access to the lot while maintaining the structural integrity of the retaining system.
         h.   The building official may require the slope of a cut or fill to be made more level if at any time it is found that the material being, or the fill, is unusually subject to erosion, static or dynamic instability, or if other conditions make such requirements necessary for stability.
      5.   Abatement Of Hazardous Conditions:
         a.   If, at any stage of grading, the planning director or city engineer determines by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to imperil any property, public way, watercourse, or drainage structure, the planning director or city engineer shall require, as condition to allowing the work to proceed, that reasonable safety precautions be taken as are considered advisable to avoid likelihood of such peril. Such precautions may include, but shall not be limited to, any of the following:
            (1)   Specification of a more level exposed slope;
            (2)   Construction of additional drainage facilities, berms, or terraces;
            (3)   Compaction or cribbing;
            (4)   Installation of plants for erosion control; and/or
            (5)   Reports from a registered soils engineer and/or engineering geologist whose recommendations may be made requirements for further work.
Such requirements by the planning director or city engineer shall constitute a required change order in the work to be performed under permit. Said changes may be required to be reflected in amended plans.
         b.   Where it appears that damage from storm drainage may result from work performed hereunder, such work may be stopped and the permittee required to take such measures as may be necessary to protect adjoining property or the public safety. On large operations, or where unusual site conditions exist, the planning director or city engineer may specify the time at which grading may proceed and the time of completion or may require that the operation be conducted in specific stages so as to ensure completion of protective measures or devices prior to the advent of seasonal rains.
      6.   Fill Material And Compaction:
         a.   Fill Material: All fill shall be earth, rock, or inert material free from organic material and free of metal, except that topsoil spread on cut and fill surfaces may incorporate humus for desirable moisture retention properties. Fill not meeting the definition above shall be placed only on approved public or private landfills or other approved deposit sites.
         b.   Backfillings: Any pipe trench or trenching, or excavation made in any slope of any excavated or filled site, shall be backfilled and compacted to the level of the surrounding grade.
         c.   Compaction Of Fills: Unless otherwise directed by the building official or city engineer, all fills governed by this title, intended to support building structures, or where otherwise required to be compacted for stability, shall be compacted, inspected, and tested in accordance with the following provisions:
            (1)   The natural ground surface shall be prepared by removal of topsoil and vegetation, and if necessary shall be graded to a series of terraces. If fill material unacceptable under subsection E6a of this section is placed on the site, or the fill is not placed according to procedures of this title, then it must be removed.
            (2)   The fill shall be spread and compacted in accordance with the city engineer's approved standards.
            (3)   The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required maximum density.
            (4)   A written report of the completed compaction, showing location and depth of test holes, materials used, moisture conditions, recommended soil bearing pressures, and relative density obtained from all tests, prepared by a civil engineer or soils engineer licensed by the state of Utah, or testing laboratory shall be submitted to the building official, who will submit it to the city engineer for review.
            (5)   The building official or city engineer may require additional tests or information if, in his opinion, the conditions or materials are such that additional information is necessary, and may modify or delete any of the above listed requirements that, in his opinion, are unnecessary to further the purpose of this title.
      7.   Erosion Control And Revegetation: All cut and fill surfaces created by grading shall be planted with a ground cover that is a drought resistant variety. Topsoils are to be stockpiled during rough grading and used on cut and fill slopes. Cuts and fills along public roads are required to be landscaped according to a revegetation plan approved by the city. All plant selections must be approved by the parks department and building official prior to subdivision approval.
      8.   Drainage:
         a.   Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or any portion of a fill. All drainage ways and structures shall carry surface waters, without producing erosion, to the nearest practical street, storm drain, or natural watercourse as approved by the city engineer. The city engineer may also require drainage structures to be constructed, or installed as necessary to prevent erosion damage or to prevent saturation of the fill or material behind cut slopes.
         b.   An excess stormwater passage shall be provided for all stormwater storage areas. Such passage shall have capacity to convey through the proposed development the excess stormwater from the tributary watershed. The capacity of such excess stormwater passages shall be constructed in such a manner as to transport the peak rate of runoff from a 100-year return frequency storm assuming all storm sewers are inoperative, all upstream areas are fully developed in accordance with the city's current land use plan, and that antecedent rainfall has saturated the tributary watershed.
         c.   No buildings or structures shall be constructed within such passage, however, streets, parking lots, playgrounds, park areas, pedestrian walkways, utility easements, and other open space uses shall be considered compatible uses. In the event such passageway is reshaped or its capacity to transport excess stormwater is otherwise restricted during or after construction, the city engineer shall notify the agency, party, or parties causing said restriction to remove the same and set a reasonable time for its removal. If said parties refuse to, or are unable to, comply with said order, the city engineer shall cause said restrictions to be removed at the expense of said parties. Where a proposed development contains existing natural drainage, appropriate planning measures shall be undertaken or required to preserve and maintain said natural drainage as part of the excess stormwater passage.
         d.   Notwithstanding any other provisions of this title, whenever, in the judgment of the city engineer, a condition occurs in a stormwater storage area or passageway that creates a dangerous and imminent health and safety hazard, the city engineer shall order such action as shall be effective immediately or in the time manner prescribed in the order itself.
      9.   Surcharging: Surcharges shall consist of earth material and shall be applied in such a manner as to have no effect on soil stability on adjacent or neighboring properties.
      10.   No Structure Shall Be Located Over A Fault: Determinations of the appropriate setback distance from the fault shall be made based on recommendations contained in the geological report as per subsection 18.28.040C2 of this chapter. (Ord. 7-14, 2014)