A. Air Quality: Developments which produce emissions to the air shall, at a minimum, demonstrate compliance with all state air quality standards, as evidenced by the issuance of any permits required for their emissions by the state.
1. Solid Fuel Burning Devices Prohibited: The installation of a solid fuel burning device in any development within the Snyderville Basin planning district is prohibited.
2. Burning Of Certain Materials Prohibited: The burning of the following materials within the Snyderville Basin planning district is prohibited:
a. Garbage,
b. Treated wood,
c. Plastic products,
d. Rubber products,
e. Waste petroleum products,
f. Paints and paint solvents,
g. Coal, or
h. Any other material not intended by a manufacturer for use as fuel in a wood burning fireplace, wood burning heater, or outdoor wood burning device.
i. Open burning of building materials, rubbish or garbage, except ordinary yard waste when permitted by the fire district.
3. Exceptions To Solid Fuel Burning Device Prohibition: The prohibition set forth in subsection A1 of this section does not apply to:
a. The installation of a solid fuel burning device where the device acts as the sole source of heat for a structure, and said device meets the applicable minimum EPA requirements for clean burning devices as set forth in title 40, part 60, subpart AAA of the code of federal regulations, as amended, "Standards Of Performance For New Residential Wood Heaters", which regulations are incorporated herein by this reference ("EPA standard"); or
b. The installation of a solid fuel burning device where natural gas or propane service is unavailable, and said device meets the EPA standard.
4. Upgrades To Existing Solid Fuel Burning Devices: Existing solid fuel burning devices which do not meet the EPA standard may be upgraded to a device that does meet the EPA standard without violating this subsection A.
5. Wood Fired Pizza Ovens: A wood fired pizza oven utilized in a restaurant which receives an approval to operate from the Summit County health department is exempt from this subsection A.
6. Home Heating Rebate Program; There is hereby granted a carbon footprint rebate ("rebate") of up to one hundred dollars ($100.00) toward any Summit County building permit fee for each development activity which results in the elimination of an existing solid fuel burning device; or the replacement of such device with an electric or gas fueled fixture, or with an approved solid fuel burning device meeting the EPA standard as set forth in subsection A4 of this section. Such rebate shall be granted upon approval of the building permit or permits for the remodeling activity resulting in the elimination or replacement of the existing solid fuel burning device.
B. Water Quality: Developments which produce any point source discharge to any watercourse shall demonstrate compliance with all state water quality standards, as evidenced by the issuance of any permits required for their discharge by the state. Developments which produce any nonpoint source discharge to any watercourse or which may potentially affect water quality through nonpoint discharges (including sediment, herbicides, pesticides and hydrocarbons) shall demonstrate that their construction and occupancy will not result in any degradation of present water quality.
C. Watershed Protection: In all developments, no use or structure shall be permitted within one thousand five hundred feet (1,500') above and one hundred feet (100') below each spring used for culinary use or public water supply where such use or structure could possibly pollute such water source. No structure shall be located within forty feet (40') of a wetland. No structure shall be located within one hundred feet (100') of a year round naturally occurring stream, a reservoir, lake or pond unless specifically stated in chapter 2 of this title, where greater setbacks may be required.
D. Obstructions In Watercourses: Site design shall avoid, to the extent practicable, the placement of obstructions in watercourses. Any pool of standing water which is formed in any watercourse within the county on account of any unauthorized obstruction shall be deemed to be a public nuisance.
E. Sewage Disposal:
1. Connection to the facilities of the Snyderville Basin water reclamation district is required for all developments, except as otherwise permitted in section 10-4-6 of this chapter. The water reclamation district's written approval of a line extension agreement shall confirm that the proposed development can be physically connected to the district's system, although this approval shall not serve as a guarantee of sewer capacity until appropriate sewer capacity fees have been paid to the district, or that the development complies with the provisions of section 10-4-6 of this chapter. Applicable sewer capacity fees may be paid at any time by an applicant following district procedures, but in all instances such fees shall be paid before a building permit is issued for any structure.
2. Individual sewage disposal systems shall be sited and constructed in accordance with state and county health regulations and standards, as evidenced by issuance of the permits necessary to construct any such system by the appropriate authority. Whenever individual sewage disposal systems are permitted, there shall either be a plat note required or a recordable "memorandum of understanding" signed by the property owner that gives notice of the difficulties of individual sewage disposal systems, the potential for failure of such systems, correction of failed systems and connection to the public system shall be at the property owner's expense and a waiver of any liability on the part of the Snyderville Basin water reclamation district or the county to correct such individual systems in the event of failure. Easements shall also be granted as required in section 10-4-6 of this chapter.
F. Revegetation; Erosion Protection; Runoff Control: Development plans shall preserve significant existing vegetation to the extent possible; shall provide for appropriate, prompt revegetation or erosion protection measures; and shall provide for surface water runoff control in accordance with county engineering standards.
1. No development permit shall be issued unless it is first determined that adequate facilities shall be made available to ensure that the developments shall not cause an increase in predevelopment condition runoff.
2. No development shall be approved which results in soil loss exceeding the site's soil loss tolerance. Developers may use a variety of conservation techniques to limit soil loss to tolerable levels. Where such techniques are proposed they shall be presented in a professionally prepared grading and conservation plan which is attached to the application for a permit.
3. All developments shall minimize the area disturbed by construction activities at any given time, particularly cuts and fills associated with road construction. Phased site grading and stabilization or revegetation shall be part of the grading and conservation plan.
4. Buildings shall not be located on soils with severe limitations for any of the proposed uses, unless fully mitigated by appropriate design and construction techniques. Limitations on development may be due to any of a number of factors, including the depth to bedrock or a water table, soil permeability, the soil's propensity to shrink and swell and other factors, as determined by the soil conservation service (USDA).
5. All cut and fill slopes in excess of three to one (3:1) shall be properly stabilized and revegetated, as evidenced in a professionally prepared grading and conservation plan attached to the application for a permit.
6. Over lot grading, or the significant removal of soil material on the uphill side of a site and filling on the downhill side, when natural slope conditions exceed ten percent (10%) of the site to create a large, flat development pad is not permitted. All development shall generally conform to the existing contours of the land.
G. Wildlife Habitat And Fisheries:
1. Any development which has the potential of adversely affecting critical wildlife habitat, including critical winter range, migration corridors, and birthing areas, or class 2 fisheries, as evidenced by written testimony of the state division of wildlife resources or other authoritative source, shall take all reasonable steps to minimize such impacts, which may require the clustering of development in the least sensitive parts of the development parcel.
2. Developments shall preserve critical wildlife habitat areas or floodplain corridors along streams supporting fisheries. (Ord. 708, 12-10-2008; amd. Ord. 731, 12-2-2009; Ord. 818, 2-26-2014; Ord. 847, 8-5-2015; Ord. 915, 11-9-2020)