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10-13F-1: - PURPOSE AND INTENT:#
This article is to protect public health, safety and general welfare, reduce man-made hazards, protect property and water quality by implementing management practices, criteria, and provisions included herein for land use activities, construction and earth disturbance activities, and to achieve the following throughout the City. Furthermore, to establish the required process to determine whether property on or adjacent to certain critical slopes can be maintained or protected and used in a safe, orderly and beneficial manner.
Due to the nature of the property located in certain hillside and slope areas, the following are requirements that are in addition to noncritical hillside building requirements. The requirements imposed by this article shall take the place or supersede any other building or review requirements that have been previously adopted by the City. Noncritical hillside development matters, defer to the City's standard subdivision ordinance development requirements.
(Ord. 907, 3-19-2019)
10-13F-2: - DEFINITIONS:#
All definitions set forth in chapter 2 of this title are applicable to this article.
CRITICAL HILLSIDE: Any hillside or slope equal to or greater than a twenty percent (20%) slope or angle.
DEVELOP, DEVELOPED, DEVELOPMENT: Any construction, proposed construction, modification or remodel, following the initial enactment date of this article, of any building, structure, facility or appurtenance on a critical hillside or slope for which a City building permit, license, or grant is required pursuant to the provisions of this title, this Code, City adopted Building Codes, Plumbing Codes, and Fire Codes.
EXCAVATION: Removal of earth, sand, gravel, rock or other similar material through uncovering, digging, cutting into, grading, quarrying, extraction or displacement.
FILL: Deposit or placement of soil, sand, gravel, rock or other similar material.
SITE/SLOPE DISTURBANCE: Slope disruption caused by human activities upon the land; removal of vegetation or trees, grading, excavation, fill, water discharge, excretion, redirection, or introduction of water or directed drainage or any combination thereof, and/or site conditions resulting from such human-induced actions.
SLOPE: Slope is the relationship of vertical rise to horizontal run, expressed as a percentage from the "toe" to "top" of a slope. The topographic gradient of any area of land, whether or not located on a single parcel, as determined by the change in vertical distance or elevation (rise) over a horizontal distance (run) which, for the purposes of these regulations is expressed as a percentage (e.g., 20-ft gain/100-ft distance = 0.20 or 20%). For construction and grading purposes slope also may be expressed as the ratio of the horizontal to vertical distance (e.g., 2:1). For purposes of these regulations, a "slope" is a natural (pre-development) slope of twenty percent (20%) to twenty-five percent (25%). A "very steep slope" is a natural (pre-development) slope of twenty-five percent (25%) or more.
(Ord. 907, 3-19-2019)
10-13F-3: - STUDY REQUIREMENTS:#
The following shall be provided to Riverdale City to determine whether a proposed critical hillside or slope of a property or development will be considered by the City. Submission of said information does not guarantee that a critical hillside or slope development will be allowed. A.
During Conceptual Discussion:
1.
Identify the area to be developed. In the event the proposed development is in a sloped area greater than twenty percent (20%) the development requires a geotechnical report, paid for by the applicant, to be submitted to the City Engineer for review, prior to proceeding to a preliminary review of the development.
2.
Name of the developer.
3.
Location of the development.
4.
Type of development.
5.
Acreage of the property.
6.
Current ownership of the property.
7.
The property boundaries and the names of the adjacent property owners.
8.
Geotechnical study including soil and soil constraints, water and seismic concerns, erosion control and development recommendation to include items specified by the City Engineer.
9.
If it is deemed necessary to remove vegetation from the hillside or slope in order to complete a study prior to preliminary review, the developer shall submit a vegetation removal plan to the Riverdale City Department of Community Development for review and approval. The vegetation removal plan shall be a thorough plan showing what the site will look like when completed.
B.
During Preliminary Review:
1.
Topographic contours no greater intervals than two feet (2'). If the property is steep (greater than 30 percent), five feet (5') contour intervals shall be used. If engineering needs are greater than what is specified, defer to engineering for topographic specifications.
2.
Location of existing natural features on hillside or slope (springs, wetlands, ditches, etc.).
3.
Location of rights-of-way and easements.
4.
Detailed outline of vegetation proposed to be removed and potential impact.
5.
Detail disposal of on-site water and sediment control.
C.
Final Review: Any additional engineering requirements must be completed prior to request for final review and determination by Riverdale City Planning Commission. The Riverdale City Engineer shall review all items and make a recommendation prior to final approval review by the Planning Commission.
D.
Geotechnical Report: At any point during the consideration of any development application or request of or upon a hillside or slope, the City may obtain their own Geotechnical Report to be used as consideration for approval or denial of the development application.
(Ord. 907, 3-19-2019)
10-13F-4: - SLOPE PROTECTION REQUIREMENTS:#
Slopes are naturally unstable and sensitive to change from gravity, vibration, wind, water or disturbance, either natural or man-made, can cause mass earth slope movement, soil erosion, soil slippage or slide. The characteristics that influence the stability of slope include geology, slope drainage, slope topography, soil type, and changes to the slope. Slopes are vulnerable to damage resulting from site disruption, primarily related to soil erosion or man-made influences. The City is empowered to regulate land use activities that affect slope protection, soil stability, stormwater runoff, and surface and groundwater quality and quantity by authority of adopted building regulations and the Land Use, Development, and Management Act, title 10, chapter 9a of the Utah Code. A.
Compliance: All uses, activities and development occurring within any slope area shall be undertaken only in strict compliance with the provisions of this article, along with all Federal and State laws, and with all other applicable geo-technical studies, codes, and ordinances.
B.
Activity: Any non-regulated or regulated activity (including but not limited to new development, redevelopment, or earth disturbance) that is to take place incrementally or in phases, or occurs in sequential individual projects on the same parcel or property, shall be subject to regulation by this chapter. The following activities are prohibited by this chapter:
1.
Discharge of water from any source over, upon, near, or onto a hillside or slope.
2.
Excessive infiltration or redirection of water caused from man-made sources such as irrigation, roof down spout drainage, irrigation, draining of swimming pools or hot tubs, or water collection or conveyance upon slope areas from structures, property, or any water collection system.
3.
Land use activities that scour, erode or cause sedimentation upon sensitive slope areas.
4.
Removal of vegetation upon any hillside or slope.
5.
Placement of any material upon the hillside or slope area(s). Including, but not limited to: soil, earth-like materials, yard waste, debris, trash, or any deleterious substance or item.
6.
Alteration, grading of, excavation, or undercutting of slope area by removal or disturbance of slope soil(s); or disturbance of the natural hydrologic regime of the land or slope.
7.
Land use activities or interface activities that endanger the vegetation of the slope area or disturbance of the soil within the slope areas of the City of Riverdale.
C.
New Development: When new development is proposed which involves land disturbing activity near or upon slope areas within the City, or if geological hazard indicators are observed on the land which will be disturbed by development, the City will require that the applicant obtain investigation(s) by a licensed geologist(s) and/or licensed geotechnical engineer, as appropriate, before allowing development to proceed. If the City requests additional investigation(s), the City Administrator shall designate in writing the geological hazard indicator observed that requires more analysis and study by professional geologist or engineer. When the Administrator requires additional study, this requirement may be appealed to the City Council. The developer shall be required by the City to implement and comply with all recommendations of the Geotechnical Study or analysis as submitted to the City prior to development and during construction activities.
D.
Conflicting Regulations: In cases of conflict between this chapter and the provisions of existing zoning classifications, Building Code, subdivision ordinance, or any other ordinance of the City or applicable law, the most restrictive provision shall apply.
(Ord. 907, 3-19-2019)
10-13F-5: - ENFORCEMENT, PENALTY CLAUSE AND RECOVERY:#
A.
Enforcement Authority: The City building official or designees shall have the authority to inspect work within critical slope areas. The building official may issue notices of violation, stop work orders, and citations, and to pursue civil and criminal penalties provided by law for violations of this Code. The City building official shall be permitted to enter and inspect facilities subject to this article at all reasonable times and as often as necessary to determine compliance. Failure to comply with the terms of this article may result in punitive actions by the City of Riverdale Ordinance Enforcement, by the Weber County Health Department, Utah State Division of Water Quality, EPA or by other means identified in permits or terms set forth in development or permit applications.
B.
Violations: Any person who shall commit any act declared unlawful under this article, who violates any provision of this article, who violates the provisions of any permit issued pursuant to this article, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the City, shall be subject to: criminal prosecution punishable as a Class B misdemeanor; or administrative enforcement pursuant to the procedures set forth in title 1, chapter 13 of this Code. The City shall have sole discretion in deciding whether to file a civil or criminal case or pursue administrative enforcement action.
C.
Recovery of Damages and Costs: In addition to the penalties set forth in this article, the City may recover:
1.
All damages caused by the violator to the City, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this article, or any other actual damages or hours of work caused by the violation.
2.
The costs of legal action to enjoin the continuing violation of this article, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
3.
Cumulative remedies set forth in this section shall be relative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted.
(Ord. 907, 3-19-2019)