Title 15 - IMPACT FEES, DRAINAGE AND SUBSURFACE WATER CONTROL, JORDAN RIVER PARKWAY EASEMENT, FLOOD PLAINS, and INTERLOCAL AGREEMENTS

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

Chapters:

Footnotes:

--- (1) --- Editor's note— Ord. No. 2020-02, § III, adopted Jan. 8, 2020, repealed Title 15, Chapters 15.04—15.20. Section III(Exh. B) of said ordinance reenacted Title 15, Chapters 15.01—15.05, as set out herein. Formerly Title 15 pertained to land development and derived from Prior code §§ 15-14-1—15-14-12, 15-15-1—15-15-4, 15-26-1—15-26-5, 15-26-7, 15-26-8; Ord. No. 51 § 1 (part), adopted in 1979; Ord. No. 79 §§ 1, 2(part), adopted in 1981; Ord. No. 96-18 § 2 (part); Ord. No. 97-20 § 1; Ord. No. 98-1 §§ 8, 9; Ord. No. 98-9 § 1 (part); Ord. No. 02-03 §§ 1—5 (part); Ord. No. 297 § 1 (part); Ord. No. 2005-02, Attach. A (part); Ord. No. 2006-17 (part); Ord. No. 2007-06; Ord. No. 2007-07; Ord. No. 2007-08; Ord. No. 2007-25; Ord. No. 2008-01 (part); Ord. No. 2008-21 (part); Ord. No. 2009-07, adopted Sept. 2, 2009; Ord. No. 2014-24, adopted Nov. 19, 2014; Ord. No. 2015-32, Exhs. B, C, adopted Dec. 2, 2015; Ord. No. 2016-04, adopted April 14, 2016; and Ord. No. 2018-12, §§ I, II, adopted Sept. 19, 2018.

Chapter 15.01 - IMPACT FEES#

PART I. - GENERAL PROVISIONS#

15.01.010 - Findings and authority.#

The City Council finds and determines that: A.

Growth and development activity within the City will create demands upon public facilities, including culinary water production and delivery;

Those who are responsible for growth and development activity should pay a proportionate share of the cost of such planned facilities needed to serve the growth and development activity;

The impact fees established by this Chapter are based upon the costs which are generated through the need for new facilities and other capital acquisition costs required, incrementally, by new development in the City, in comparison with benefits already received and yet to be received; and

The impact fees established by this Chapter do not exceed the reasonable cost of providing public facilities occasioned by development projects within the City.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.020 - Definitions.#

For purposes of this Chapter, the following definitions apply:

"Act" means the Impact Fees Act, contained in Chapter 11-36a of the Utah Code, as in existence today or as hereafter amended.

"Building permit" means an official document or certification which is issued by the building officials of the City and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure.

"City" means the City of South Salt Lake.

"Developer" means an individual, group of individuals, partnership, corporation, limited liability company, association, municipal corporation, state agency or other person undertaking development activity, and their successors and assigns.

"Development activity" means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that creates additional demand and need for public facilities.

"Development approval" means any written authorization from the City, other than a building permit, which authorizes the commencement of development activity, including, but not limited to, plat approval, planned unit development approval, site plan approval, lot line adjustment, and a conditional use permit.

"Director" means the director of the community development department for the City of South Salt Lake.

"Encumber" means a pledge to retire a debt, such as through bond payments, or an allocation to a current purchase order or contract.

"Impact fee" means a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. "Impact fee" does not include a tax, special assessment, building permit fee, hookup fee, fee for project improvements, or other reasonable permit or application fee.

"Impact fee analysis" or "IFA" means the written analysis of each impact fee required by Section 11-36a-303 the Act.

"Impact fee facilities plan" or "IFFP" means the plan required by Section 11-36a-301 of the Act.

"Impact fee account" means a separate account established for a particular category of planned facility for which impact fees are collected, which is an interest-bearing account.

"Level of service" means the defined performance standard or unit of demand for each capital component of a public facility within a service area.

"Project improvements" means site improvements and facilities that are: planned and designed to provide service for development resulting from a development activity; necessary for the use and convenience of the occupants or users of a development resulting from a development activity; and not identified or reimbursed as a system improvement. "Project improvement" does not mean system improvements.

"Public facilities" means impact fee facilities as defined in the Act that have a life expectancy of ten or more years and are owned or operated by or on behalf of a local political subdivision or private entity. For purposes of this Chapter, and as defined in the Act, impact fee facilities include culinary water for service areas designed by the City.

"Service area" means the geographic area designated by the City on the basis of planning or engineering principles in which the public facility provides services within the area. Service areas for each impact fee are established in this Chapter.

"System improvements" means existing public facilities that are identified in the impact fee analysis under Section 11-36a-304 of the Act, and designed to provide services to service areas within the community at large and future public facilities identified in the impact fee analysis under Section 11-36a-304 that are intended to provide service to service areas within the community at large. "System improvements" do not include project improvements.

Except for any terms which are defined in Subsection A of this Section, the terms defined in the Act, as amended, are hereby adopted for use in this Chapter.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.030 - Authority and applicability.#

The collection of impact fees shall apply to all new development activity in the City unless otherwise provided herein. Until any impact fee required by this Chapter has been paid in full, no building permit for any development activity shall be issued.

A stop work order shall be issued on any development activity for which the applicable impact fee has not been paid in full.

The movement of a structure onto a lot shall be considered development activity and is subject to the impact fee provisions, unless otherwise provided herein.

Public facilities for which impact fees may be imposed by the City include public facilities for:

Culinary water; and

Wastewater collection; and

Parks.

The City may not impose an impact fee to:

Cure deficiencies in public facilities serving existing development;

Raise the established level of service of a public facility serving existing development;

Recoup more than the local political subdivision's costs actually incurred for excess capacity in an existing system improvement; or

Include an expense for overhead, unless the expense is calculated pursuant to a methodology that is consistent with generally accepted cost accounting practices and the methodological standards set forth by the Federal Office of Management and Budget for federal grant reimbursement.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020; Ord. No. 2025-16, § 1(Exh. A), 5-28-2025)

15.01.040 - Service areas.#

Impact fees may only be assessed upon development which takes place within established service areas within the City, as it relates to the specific fee.

The City shall establish service areas for each impact fee which is imposed under this Chapter.

Impact fees collected within a service area shall be spent within that service area, only on capital projects identified in the IFFP related to that fee.

Boundaries of service areas may only be revised following a public hearing and all other procedures provided in the Act.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.050 - Impact fee facilities plan and impact fee analysis.#

Prior to imposing an impact fee for a service area, the City shall prepare or have prepared an impact fee facilities plan for any service area for which an impact fee is proposed.

At the time of acceptance, the IFFP shall comply with the Act, identify the level of service, determine the public facilities required to serve development resulting from new development activity, and contain a written certification by the person or entity who prepared the plan, certifying that the IFFP complies in each and every relevant respect to the Act.

Prior to imposing an impact fee for a service area, the City shall prepare or have prepared an impact fee analysis for any service area for which an impact fee is proposed.

The IFA shall identify the anticipated impact of system improvements required by anticipated development activity in order to maintain the level of service in the service area, demonstrate how the impacts are reasonably related to the anticipated development activity, estimate the proportionate share of the costs for existing capacity that will be recouped and the costs of impacts on system improvements that are reasonably related to new development activity, identify how the impact fee was calculated, and contain a written certification by the person or entity who prepared the plan, certifying that the IFA complies in each and every relevant respect with the Act.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.060 - Calculation of impact fees.#

In calculating impact fees, the City may consider the construction contract price, the cost of acquiring land, improvements, materials and fixtures, planning costs, surveying, engineering fees, and debt service charges.

To the extent that new growth and development will be served by previously constructed improvements, the City's fees may include public facility costs and outstanding bond costs related to system improvements previously incurred by the City.

Unless otherwise provided in this Chapter, impact fees shall be imposed as follows:

Schedule. The fee published in the City's schedule shall be the means of calculating impact fees for specific development, unless the developer, pursuant to this Chapter, requests an independent impact fee calculation, or qualifies for an adjustment or credit.

Maximum Fee. The fee identified in the IFA represents the maximum fee which may be assessed as a result of development activity.

Residential impact fees may be collected by unit, lot size, or utility connection. For purposes of this Chapter, mobile and manufactured homes are considered residential.

For categories of uses not specified in the applicable impact fee schedule, the director shall apply the category of use set forth in the applicable fee schedule that is deemed to be the most similar to the proposed use.

If development approval is sought for a mixed-use development, the impact fees shall be calculated separately for each use according to the fee schedule, and the results aggregated.

For additions to, remodeling or replacement of existing structures, or for a change of use of an existing structure, the impact fee to be paid shall be the difference, if any, between:

The fee, if any, that would be payable for existing development on the site, or in the case of demolition or removal of a structure, the previous development on the site, provided that the demolition or removal has occurred within one year of the date of submittal of the application for which impact fees are assessed; and

The fee, if any, that would be payable for the development on the site for the new development.

Upon written request of an applicant, the director shall provide an estimate of the current fee based on the data provided by the applicant. However, the director shall not be responsible for determining at such preliminary date the accuracy of the information provided, nor shall such estimate provide any vested rights.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.070 - Exemptions.#

The following are exempted from payment of impact fees:

Replacement of a structure or mobile home with a new structure or mobile home of the same size and use at the same site or lot, when such replacement occurs within twelve (12) months of the demolition or destruction of the prior structure or removal of the mobile home.

Alterations, expansion, enlargement, remodeling, rehabilitation, or conversion of an existing building or unit where no additional units are created and the use is not changed.

Demolition or moving of a structure.

Construction of accessory structures that do not impact the system improvements.

Miscellaneous accessory improvements to use, such as fences, walls, and signs.

Placing on a lot in the City a temporary construction trailer or office, but only for the life of the building permit issued for the construction served by the trailer or office.

Any use specifically exempted by a part of this Chapter which addresses a specific impact fee.

The City Council may, on a project-by-project basis, authorize exemption from impact fees for development activity attributable to development activity with a broad public purpose. Such determinations of exemption shall be by resolution by the City Council, accepting the results of a study conducted under Section 10-8-2 of the Utah Code.

Applications for exemptions under Subsection B shall be filed with the City at the time the applicant first requests the extension of service to the applicant's development or property.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.080 - Adjustment after individual assessment of impact fees.#

If a person submitting an application for which payment of an impact fee is a prerequisite to approval believes that the impacts of the proposed development will be substantially less than would be indicated by using the fee schedule, such person may request to perform an individual assessment of the impact of the proposed development. A request for an individual assessment, accompanied by the information, data or studies supporting that assessment, must be made prior to payment of fees for a building permit or final plat approval, as applicable.

The City may make a downward adjustment to impact fees at the time the fee is charged to respond to unusual circumstances in specific cases, to address development activity by the state or school district, to ensure that impact fees are imposed fairly, or to fairly allocate costs associated with impacts created by a development activity or project.

Circumstances are unusual if sufficient written information, studies or data is presented to the City showing a significant discrepancy between the fee being assessed and the actual impact on the system improvement.

The City may issue building permits or plat approvals if the impact fee is tendered by the developer. The fee is subject to partial refund if a downward adjustment is approved by the director. For purposes of appeal or challenge, the date for such appeal or challenge shall run from the date on which the City makes its determination of the individual assessment.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.090 - Credits.#

A developer is eligible for credits against or a proportionate reimbursement of impact fees if the developer: A.

Dedicates land for a system improvement identified in the IFA;

Builds and dedicates some or all of a system improvement identified in the IFA;

Dedicates a public facility that the City and the developer agree will reduce the need for a system improvement identified in the IFA;

Dedicates land for, improvement to, or new construction of, any system improvements identified in the IFA provided by the developer if the facilities:

Are system improvements identified in the IFA; or

Are dedicated to the public and offset the need for an identified system improvement identified in the IFA.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.100 - Fund accounting for impact fees.#

The City shall establish an impact fee account for each category of impact fee which is collected. Such fees shall be invested by the City and the yield on such fees, at the actual rate of return to the City, shall be credited to such accounting fund periodically in accordance with the accounting policies of the City. Such funds need not be segregated from other City monies for banking purposes.

The City shall maintain and keep financial records for such accounting fund showing the revenues to such fund and the disbursements from such fund, in accordance with normal City accounting practices. The records of such fund shall be open to public inspection in the same manner as other financial records of the City.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.110 - Expenditure of impact fees.#

Impact fees shall be expended or encumbered within six years after their receipt, unless the Council identifies, in writing, an extraordinary and compelling reason to hold the impact fees longer than six years. Under such circumstances, the Council shall establish an absolute date by which the impact fees shall be expended.

Impact fees may only be expended upon the system improvements which have been identified by the IFFP which formed the justification for the specific impact fee collected.

Impact fees may be spent to retire bonds with a term of more than six years, so long as the improvements are included in the IFFP, and the fees are equivalent to the debt service of the six-year planning period.

If the City does not spend or encumber an impact fee within the time period established in the Act, it shall return unspent fees, or the unspent portions thereof, to the person or entity which paid the fee.

Unless otherwise provided by state law, if the person or entity which paid the fee is not responsive to the City's written notice of refund, the refund shall be paid to the record owner of the property on the date that the original fee was paid.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.120 - Refunds of impact fees.#

The City shall refund any impact fee paid by a developer, plus interest earned, when:

The developer does not proceed with the development activity and files a written request for a refund;

The fees have not been spent or encumbered; and

No impact has resulted.

An impact that would preclude a developer from a refund from the City may include any impact reasonably identified by the City, including, but not limited to, the City having sized facilities, paid for, installed, or caused the installation of facilities based in whole or in part upon the developer's planned development activity even though that capacity may, at some future time, be utilized by another development.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.130 - Separate fees and costs.#

The impact fees authorized by this Chapter are separate from and in addition to user fees and other charges lawfully imposed by the City and other fees and costs that may not be included as itemized component parts of the impact fee. In charging any such fees as a condition of development approval, the City recognizes that the fees must be a reasonable charge for services provided.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.140 - Additional fees or refund after development.#

Should any developer undertake development activities such that the ultimate acreage or other impact of the development activity is not revealed to the City, either through inadvertence, neglect, a change in plans, or any other cause whatsoever, and the impact fees are not initially charged against all acreage within the development, the City shall be entitled to charge an additional impact fee to the developer or other appropriate person covering the acreage for which an impact fee was not previously paid.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.150 - Challenges to impact fees—Generally.#

A person or entity required to pay an impact fee who believes that the impact fee does not meet the requirements of law may file a written request for information with the City, which request shall be answered within two weeks after receipt of the request, providing the person or entity with copies of the applicable IFA, IFFP and other relevant information related to the impact fee being questioned.

A person or entity who will potentially be aggrieved by the impact fee may request an advisory opinion by filing a request with the Utah Office of Property Rights Ombudsman, in accordance with Title 13, Chapter 43 of the Utah Code. The aggrieved party requesting an advisory opinion is not required to exhaust administrative appeals procedures prior to requesting an advisory opinion.

Any person or entity which resides in or owns property within a service area, or an organization, association or corporation representing the interests of persons or entities owning property within the service area, may file a declaratory judgment action challenging the validity of an impact fee.

A person who has paid an impact fee imposed under this Chapter may challenge the fees as provided in Title 11, Chapter 36a, Part 7 of the Act. The grounds for appeal, remedies and time restrictions provided in the Act, as amended, are applicable to all challenges filed against impact fees imposed by this Chapter.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.160 - Administrative appeals.#

An administrative appeal may be initiated by a person or entity which has paid an impact fee imposed under this Chapter by filing written notice of the administrative appeal with the City recorder within thirty (30) days after the day on which the person or entity paid the fee.

The notice of appeal shall set forth the grounds for the appeal and shall include applicable filing fees, as established by the consolidated fee schedule.

Upon receiving written notice of appeal, the recorder shall set a date for the administrative law judge to consider the appeal. The procedures established in Chapter 2.22 of this Code shall apply to appeals, except that the administrative judge shall render a decision within thirty (30) days after the date the challenge of appeal is filed, the person filing the appeal requests or agrees to an extension of that time.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.170 - Mediation for specified public agencies.#

In addition to challenges and appeals, specified public agencies may file a request for mediation in accordance with Section 11-36a-705 of the Act, which proceedings are governed by the Act.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.180 - Remedies for challenges, appeals or mediation.#

A person or entity who successfully challenges an impact fee due to defects with the notice requirements or procedural requirements may receive the remedy of requiring the City to correct the defective notice or procedure and repeat the process.

A person or entity who challenges an impact fee may receive the remedy of a refund of the difference between what the person or entity paid as an impact fee and the amount the impact fee should have been if it had been correctly calculated.

Attorney fees may only be awarded to the extent provided in the Act.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.190 - Effective date of impact fees.#

Pursuant to Section 11-36a-401 of the Act, this Chapter shall not take effect until ninety (90) days after the day on which the ordinance is approved by the Council.

Additional categories of impact fees shall have an effective date of ninety (90) days after the day on which the additional category is approved by the Council.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

PART II. - SPECIFIC IMPACT FEES#

15.01.200 - Culinary water impact fee—Service area, IFFP and IFA.#

Service Area. The service area for culinary water impact fees includes Pressure Zone 1 (shaded red) on the South Salt Lake City Drinking Water System Master Plan, which was previously adopted by this Council, as shown at Figure 1.

Figure 1

Culinary Water Impact Fee Facilities Plan. Pursuant to Section 15.01.050 of this Chapter and Section 11-36a- 302 of the Act, the City has, through its consultants, researched and analyzed the factors set forth in the Act and caused to be prepared a culinary water impact fee facilities plan, as part of the Culinary Water Impact Fee Facilities Plan and Impact Fee Analysis: City of South Salt Lake. The culinary water IFFP establishes the current and proposed level of service. The City currently maintains a system which meets the state's requirements for drinking water systems related to peak and average distribution, and future development will require the City to expand its water source, distribution and storage systems in a manner which continues to meet the state's standards for drinking water systems. The South Salt Lake Drinking Water Impact Fee Facilities Plan and Impact Fee Analysis, attached as Exhibit A to Ordinance 2024-09, is hereby adopted in its entirety by the City in accordance with applicable provisions of this Chapter and the Act.

Impact Fee Analysis. Pursuant to Section 15.01.050 of this Chapter, and Section 11-36a-303 of the Act, the City has, through its consultants, researched and analyzed the factors set forth in the Act and prepared a culinary water impact fee analysis, as part of the South Salt Lake Drinking Water Impact Fee Facilities Plan and Impact Fee Analysis, which is attached as Exhibit A to Ordinance 2024-09, is hereby adopted in its entirety by the City in accordance with the applicable provisions of this Chapter and the Act.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020; Ord. No. 2024-09, § 1(Exh. A), 7-31-2024; Ord. No. 2024-10, § 1(Exh. A), 7-31-2024)

15.01.210 - Culinary water impact fee—Calculation.#

Based upon the culinary water IFA, equivalent residential connections in the City are those which connect to the City's culinary water system within the service area with a three-quarter-inch or smaller water meter.

The maximum impact fee for culinary water for each equivalent residential connection is six thousand three hundred forty-five dollars ($6,345).

The City Council may, by amending the consolidated fee schedule, implement impact fees for development within the service area, with fees based upon the number of equivalent residential connections for a development, which fee shall be determined by the size of meter or meters installed for the development.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020; Ord. No. 2024-09, § 1(Exh. A), 7-31-2024; Ord. No. 2024-10, § 1(Exh. A), 7-31-2024)

15.01.220 - Wastewater collection system impact fee—Service area, IFFP and IFA.#

Services Area. The service area for wastewater collection system impact fees includes the boundaries of South Salt Lake City generally north of the Millcreek waterway, as shown in Figure 3 (outlined in green).

Figure 3

Wastewater Collection System Impact Fee Facilities Plan. Pursuant to Section 15.01.050 of this Chapter and Section ll-36a-302 of the Act, the City has, through its consultants, researched and analyzed the factors set forth in the Act and caused to be prepared a wastewater collection system impact fee facilities plan, as part of the Wastewater Collection System Impact Fee Facilities Plan and Impact Fee Analysis: City of South Salt Lake. The wastewater collection system IFFP establishes the current and proposed level of service. The City currently maintains a system which meets the state's requirements for wastewater collection systems related to peak and average flow. In addition, the City maintains treatment facilities through Central Valley Water Reclamation Facility. Future development will require the City to expand its collection systems in a manner which continues to meet the state's standards for wastewater collection systems. The Wastewater Collection System Impact Fee Facilities Plan and Impact Fee Analysis: City of South Salt Lake, attached as Exhibit A to Ordinance 2015-32, is hereby adopted in its entirety by the City in accordance with applicable provisions of this Chapter and the Act.

Impact Fee Analysis. Pursuant to Section 15.01.050 of this Chapter, and Section ll-36a-303 of the Act, the City has, through its consultants, researched and analyzed the factors set forth in the Act and prepared a wastewater collection system impact fee analysis, as part of the Wastewater Collection System Impact Fee Facilities Plan and Impact Fee Analysis: City of South Salt Lake, which is attached as Exhibit A to Ordinance 2015-32, is hereby adopted in its entirety by the City in accordance with the applicable provisions of this Chapter and the Act.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020; Ord. No. 2025-16, § 1(Exh. A), 5-28-2025)

15.01.230 - Wastewater Collection System impact fee—Calculation.#

Based upon the Wastewater Collection System IFA, equivalent residential connections in the City are those which connect to the City's wastewater collection system within the service area converted to the demand of any three-quarter-inch or smaller water meter.

The maximum impact fee for wastewater by component per typical residential connection is eleven thousand five hundred sixty dollars ($11,560) for non-public infrastructure district (PID) members and one thousand one hundred sixty dollars ($1,160) for PID members.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020; Ord. No. 2025-16, § 1(Exh. A), 5-28-2025)

15.01.240 - Parks and recreation impact fee—Service area, IFFP and IFA.#

Services Area. The service area for parks and recreation impact fees is all areas within South Salt Lake City.

Parks and Recreation Impact Fee Facilities Plan. Pursuant to Section 15.01.050 of this Chapter and Section 11-36a-302 of the Act, the City has, through its consultants, researched and analyzed the factors set forth in the Act and caused to be prepared a Parks and Recreation Impact Fee Facilities Plan, as part of the Parks and Recreation Impact Fee Facilities Plan and Impact Fee Analysis: City of South Salt Lake. The Parks and Recreation IFFP establishes the current and proposed level of service. The City currently maintains a system of park and recreation infrastructure. Future development will require the City to expand or provide additional facilities to maintain the existing level of service. The Parks and Recreation Impact Fee Facilities Plan and Impact Fee Analysis: City of South Salt Lake, which is attached as Exhibit A to Ordinance 2016-04, is hereby adopted in its entirety by the City in accordance with applicable provisions of this Chapter and the Act.

Impact Fee Analysis. Pursuant to Section 15.01.050 of this Chapter, and Section 11-36a-303 of the Act, the City has, through its consultants, researched and analyzed the factors set forth in the Act and prepared a Parks and Recreation Impact Fee Analysis, as part of the Parks and Recreation Impact Fee Facilities Plan and Impact Fee Analysis: City of South Salt Lake, which is attached as Exhibit A to Ordinance 2016-04, is hereby adopted in its entirety by the City in accordance with the applicable provisions of this Chapter and the Act.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.01.250 - Parks and recreation impact fee—Calculation.#

Based upon the parks and recreation IFA, fees should be calculated based upon the number of single-family or multi-family households in a development.

The City Council may, by amending the consolidated fee schedule, implement impact fees for development within the service area, with fees based upon the number of single-family or multi-family households for a development.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

Chapter 15.02 - DRAINAGE AND SUBSURFACE WATER CONTROL#

15.02.010 - Purpose.#

The City, by and through its City Council, recognizes that the tremendous increase in property development has a significant impact on surface water runoff, both in terms of quantity and quality.

The City is in need of a method and procedure whereby it can provide for and control surface water runoff, so as to protect the persons and property both within and without the corporate boundaries of South Salt Lake City.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.02.020 - Definitions.#

For the purposes of this Chapter, the following words have the meanings as set out in this Section:

"Development" means any commercial or industrial project of one quarter of an acre.

"Drainage plan" means a plan showing all drainage facilities, both on- and off-site, designed to carry all surface and subsurface waters from a subdivision or development.

"Subdivision" means any residential development of over one lot concurrently, or any development (including one lot) which will cause a significant change in the existing drainage pattern.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.02.030 - Applicability.#

The provisions of this Chapter shall apply to all subdivisions and developments to be constructed after the effective date of the ordinance codified in this Chapter.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.02.040 - Interpretation.#

In interpreting and applying the provisions of this Chapter the requirements set forth in this Chapter are declared to be the minimum requirements for the purposes set forth in this Chapter.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.02.050 - Conflicts with Chapter.#

This Chapter shall not nullify the more restrictive provisions of any private covenants, agreements or other ordinances or laws, but shall prevail over such provisions which are less restrictive.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.02.060 - Drainage plan.#

Prior to approval of the development or subdivision by the City engineering department, a drainage plan shall be prepared at the expense of the developer or subdivider, by a qualified and licensed engineer. The plan shall include a complete analysis of all surface drainage and subsurface drainage patterns and the impact that the proposed project will have upon them; including plans showing, in detail, proposed construction designs for handling of drainage.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.02.070 - Fees.#

The developer, subdivider, or owner shall, prior to being granted any permits whatsoever, pay a fee which shall be determined by the formula in Section 15.02.080. Said formula shall determine the cubic feet of runoff per second which is attributable to the proposed development. The fee shall be assessed at a rate set by resolution of the City Council per cubic foot per second additional runoff created on the proposed development or subdivision.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.02.080 - Determination of fee (formula).#

The amount of surface water runoff shall be established by using the following tables and formula: A.

Rainfall Factor: The fee shall be assessed on the basis of 1.4 inches of rainfall per hour (which is the acceptable one-hundred-year standard). This shall be known as factor A in the formula.

Area Factor: The rainfall factor shall be multiplied by the number of acres in the development or subdivision. This factor shall be known as factor B in the formula.

Land Use Factor:

The following table shall be used to determine the runoff from various types of development:

General Land Use Classification Runoff Coefficients

Undeveloped 0.15

Residential:

Single-family 0.35

Two-family 0.45

Multiple-family 0.60

Suburban estates 0.25

Commercial:

Neighborhood 0.60

General 0.80

Drive-in movies 0.70

Industrial:

Light 0.60

Heavy 0.80

Agriculture 0.15

Institutional 0.30

Parks and recreation: 0.20

Utilities and transportation 0.50

Streets 0.85

Vacant 0.15

Other: determined by City Engineer

Differential runoff will be determined by evaluating the land use before the development C1 and after the development C2. The difference (C2 - C1) will be multiplied by the factors A and B to determine the additional runoff in cubic feet per second.

The number of cubic feet per second of increased runoff caused by the proposed development shall be known as Factor f.

The formula for determining the service fee for water runoff and storm drain shall be determined by the following formula:

A × B × (C 2 − C 1 ) = F

F × amount set by resolution of

the City Council = Service Fee.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.02.090 - Storm drain sumps and detention ponds.#

In the event there is no gutter or storm drain line existing within three hundred (300) feet of the property which is proposed to be developed, with adequate capacity to convey storm water as determined by the City Engineering Department, the developer or owner may be permitted to use a storm drain sump or detention pond upon approval of the City Engineering Department.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.02.100 - Catch basins requirement.#

In any new development whether residential subdivision, industrial park, multiple unit dwellings or otherwise, surface water will not be allowed to be carried in a gutter for more than seven hundred (700) feet without the installation of a catch basin or other device for depositing the surface water into the storm drain system.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.02.110 - Appeals.#

Any person, firm or corporation aggrieved by the decision of any authorized official regarding this Chapter may appeal such determination to the administrative law judge by filing a written notice of appeal with the City Recorder within ten days of any final adverse decision, as outlined in Chapter 2.22 of this Code.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.02.120 - Violations—Penalty.#

Any person, firm or corporation who shall create, or cause to be created, a development as defined in this Title, or construct a building within the limits of South Salt Lake City, without complying with the provisions of this Chapter, or who shall violate any provisions of this Chapter shall be guilty of a misdemeanor. Each day in which any such violation shall continue, or be permitted, shall be deemed a separate offense.

The City shall authorize the necessary public officials and/or officials to investigate and make reports to the planning commission of any such violations. The planning commission, if it finds that such a violation does exist, may recommend that legal action be taken by the City Council.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

Chapter 15.03 - JORDAN RIVER PARKWAY EASEMENT#

Sections:

15.03.010 - Purpose.#

In enacting the ordinance codified in this Chapter, it is the purpose of the City of South Salt Lake to foster the development of recreational areas, water conservation, flood control, reclamation and wildlife resources on and along the Jordan River by reserving to itself and to the general public the right to enter upon, cross over, use and make improvements upon an easement strip immediately adjoining the bank of said river.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.03.020 - Conditional subdivision approval.#

In addition to all other requirements and conditions contained in this Title, it is a further condition, upon the approval and recording of any subdivision, that the subdivider of any property containing within its boundaries one or both banks of the Jordan River, convey to South Salt Lake an easement within a strip or strips extending fifty (50) feet from the bank or banks of the river. In no event shall the easement described in this section exceed ten percent of the total area of the subdivision without just compensation being paid therefor.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.03.030 - Extent of easement.#

Without prior written approval from South Salt Lake City, the owner of property affected by the easement described in Section 15.03.020 is prohibited from:

Diverting, filling in, lining or culverting the natural watercourse of the Jordan River;

Erecting any structures or improvements, including, but not limited to, buildings, fences, bridges and parking lots, within fifty (50) feet of the banks of the Jordan River;

Dumping or permitting the dumping of any garbage or other refuse within fifty (50) feet of the banks of the Jordan River;

Cutting, grubbing or removing any trees or other natural vegetation, removing any stones or earth, or otherwise disturbing the natural environment of the area within fifty (50) feet of the banks of the Jordan River.

The City of South Salt Lake reserves to itself and to the general public, the rights of:

Entry by agents, employees and contractors of South Salt Lake City or of the Provo-Jordan River parkway authority to survey, plan, construct and maintain such improvements as may be necessary to give effect to the water conservation, recreation, flood control, reclamation and wildlife preservation purposes of this Chapter. No such improvement shall, without consent of the property owner, extend outside of the fifty-foot easement strip without just compensation being paid therefor; and

Entry by the general public for the purposes of recreation or for any other purpose contemplated under this Chapter.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.03.040 - Easement limitations.#

Rights acquired by the City of South Salt Lake subject to this Chapter shall be held and exercised only for the advancement of the purposes contemplated in this Chapter.

Ownership in fee simple absolute of the easement strip shall remain unaffected by the provisions of this Chapter and shall remain in the owner of the servient realty. The interest created by this Chapter is an appurtenant easement and shall remain unaffected by the sale or other alienation of the realty upon which it lies. Upon dissolution, disincorporation, consolidation or other disability of the City of South Salt Lake, the easement created by this Chapter shall, without further transferring act, vest in the succeeding government entity having territorial jurisdiction over the easement.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.03.050 - Waiver of flood control impact fee.#

The flood control impact fee imposed by Chapter 15.02 of this Code shall be waived for that portion of the subdivision or development conveyed pursuant to this Chapter.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

Chapter 15.04 - FLOOD DAMAGE PREVENTION*#

Sections:

15.04.010 - Statutory authorization.#

The Legislature of the state of Utah has by statute delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of South Salt Lake City, Utah, does ordain as follows in this Chapter.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.04.020 - Purpose of Chapter.#

Findings of Fact.

The flood hazard areas of South Salt Lake City are subject to periodic inundation which results in loss of life and property, as well as health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare of the City.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood damage and loss.

Statement of Purpose. It is the purpose of this Chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions to specific areas by provisions designed:

To protect human life and health;

To minimize expenditure of public money for costly flood control projects;

To minimize the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this Chapter includes methods and provisions for reducing flood losses by:

Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate, control or channel floodwaters;

Controlling filling, grading, dredging and other development which may increase flood damage; and

Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters, or which may increase flood hazards to other lands.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.04.030 - Warning and disclaimer of liability.#

The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This Chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This Chapter shall not create liability on the part of the City of South Salt Lake, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.04.040 - Relationship of floodplain regulations to zoning districts.#

The flood damage prevention regulations of this Chapter shall be supplemental to, and not in lieu of, the applicable zoning provisions of the use district in which the land is located and/or general provisions under Title 17 of this Code.

Property located within said flood hazard areas shall be developed only in conformance with the provisions set forth in this Chapter.

In cases of conflict between such district classifications and the flood damage prevention regulations, the most restrictive provisions shall govern.

Permitted, conditional and accessory uses allowed in the flood hazard areas are those which are permitted uses in the underlying applicable use district. However, additionally, all uses, whether principal or secondary, involving construction or relocation of permanent buildings (or structures); or placement of temporary structures, mobile or modular homes; or excavation or placement of fill materials, shall further meet the supplemental conditions and standards set forth in this Chapter.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.04.050 - Definitions.#

Unless specifically defined in this Section, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application. For purposes of this Chapter the following terms mean:

"Alluvial fan flooding" means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

"Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

"Appeal" means a request for a review of the flood plain administrator's interpretation of any provisions of this Chapter or is a request for a variance.

"Area of shallow flooding" means a designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood hazard" is the land in the floodplain within the community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AI, Ah, AO, A1-99, VO, V1-30, VE or V.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

"Basement" means any are of the building having its floor sub-grade (below ground level) on all sides.

"Critical feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

"Development" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or the storage of equipment or materials located within the area of special flood hazard.

"Elevated building" means a non-basement building (i) built, in the case of a building in Zones A1-30, AE, A A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns,)posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, of V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations.

"Existing construction" means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) are completed before the effective date of the ordinance codified in this Chapter.

"Expansion to existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).

"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1.

The overflow of inland or tidal waters; and/or

The unusual and rapid accumulation or runoff of surface waters from any source.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones.

"Flood insurance study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of flooding).

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

"Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provided standards for the purpose of flood damage prevention and reduction.

"Flood protection system" means those physical structural works for which funds have been authorize, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees of dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

"Flood proofing" means any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is: 1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior or;

Directly by the Secretary of the Interior in states with approved programs.

"Levee" means a man-made structure; usually an earthen embankment designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Section 60.3 of the National Flood Insurance Program regulations.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle," as defined in this Section.

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. "New construction" means structures for which the start of construction commenced on or after the effective date of the original ordinance, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations codified in this Chapter.

"Recreational vehicle" means a vehicle which is: 1.

Built on a single chassis;

Four hundred (400) square feet or less when measured at the largest horizontal projections;

Designed to be self-propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

"Start of construction" includes substantial improvement, and means the date the building permit was issued provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building or manufactured home that is principally above ground.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: 1.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

"Variance" means a grant of relief from the requirements of this Chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Chapter. For full requirements refer to Section 60.6 of the National Flood Insurance program regulations. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance program regulations is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of costal or riverine areas.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.04.060 - General provisions.#

This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of South Salt Lake.

The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for the City of South Salt Lake," dated September 25, 2009, with an accompanying flood insurance rate map (FIRM) and flood boundary floodway maps (FBFM), and any revisions thereto are hereby adopted by reference and declared to be part of this Chapter. The City of South Salt Lake also automatically adopts any future effective FEMA flood insurance rate maps and effective FEMA flood insurance studies and includes them to be part of this Chapter.

Establishment of Development Permit. A development permit shall be required to ensure conformance with the provisions of this Chapter.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Chapter and other applicable regulations.

Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation. In the interpretation and application of this Chapter, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

15.04.070 - Administration; designation of the floodplain administrator.#

The South Salt Lake City Engineer is hereby appointed the floodplain administrator to administer and implement the provisions of this Chapter and other appropriate section of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.

Duties and responsibilities of the floodplain administrator shall include, but not limited to, the following:

Maintain and hold open for public inspection all records pertaining to the provisions of this Chapter.

Review permit applications to determine whether proposed building site, including placement of manufactured homes, will be reasonably safe from flooding.

Review, approve or deny all applications for development permits required by adoption of this Chapter.

Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C 1334) from which prior approval is required.

Where interpretation is needed as to the exact location of the boundaries of the area of special flood hazard (for example where there appears to be a conflict between a mapped boundary and actual field conditions) the flood plain administrator shall make the necessary interpretation.

Notify, in riverine situations, adjacent communities and the state coordinating agency prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.

Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

When base flood plain elevation data has not been provided in accordance with Section 15.04.060 the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of this Chapter.

When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the FIRM for South Salt Lake City unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

10.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may approve certain development in A1-30, AE, AH on the communities FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (condition letter of map revision).

Application for a development permit shall be presented to the floodplain administrator on forms furnished by him/her and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

Elevation in relation to mean sea level to which any structure has been flood proofed;

Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria of this Chapter.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Maintain a record of all such information in accordance with this Chapter.

Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this Chapter and the following relevant factors:

The danger to life and property due to flooding or erosion damage;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The danger that material may be swept onto other lands to the injury of others;

The compatibility of the proposed use with existing and anticipated development;

The safety of access to the property in times of flood for ordinary and emergency vehicles;

The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

The relationship of the proposed use to the general plan of the City.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020; Ord. No. 2022-08, § I(Exh. A), 4-13-2022)

15.04.080 - Development standards.#

In all areas of special flood hazard, the following standards are required for all new construction or substantial improvements: A.

Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads. All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Specific requirements may be:

Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than fifty (50) feet long requiring one additional tie per side;

Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than fifty (50) feet long requiring four additional ties per side;

All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and

Any additions to the manufactured home be similarly anchored.

Construction Materials and Methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Section 15.04.060(A), (B), (ii) Section 15.04.070(B)(8), or (iii) Section 15.04.080(F)(3), the following provisions are required:

Residential Construction. New construction and substantial improvement of a residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this Subsection as proposed in 15.04.070, Section (C)(1) is satisfied.

Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this Subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the floodplain administrator.

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered profession engineer or architect or meet or exceed the following minimum criteria:

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Manufactured Homes.

Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is an addition to applicable state and local anchoring requirements for resisting wind forces.

Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this Section be elevated so that either:

The lowest floor of the manufactured home is at or above the base flood elevation; or

ii.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

Recreational Vehicles. Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either:

Be on site for fewer than one hundred eighty (180) consecutive days;

Be fully licensed and ready for highway use; or

Meet the permit requirements of Section 15.04.070(C)(1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this Section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

Standards for Subdivision Proposals.

All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Section 15.04.020(A), (B), and (C) of this Chapter.

All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of Section 15.04.060(C); Section 15.04.070(C); and the provisions of Section 15.04.080 of this Chapter.

Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 15.04.060(A), (B), (ii) Section 15.04.070(B)(8) of this Chapter.

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

Standards for Areas of Shallow Flooding (Ago/Ah Zones). Located within the areas of special flood hazard established in Section 15.04.060(B), are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).

All new construction and substantial improvement of non-residential structures:

Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or

Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic load of effects of buoyancy.

A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this Section, as proposed in Section 15.04.070, are satisfied.

Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.

Floodways. Located within areas of special flood hazard established in Section 15.04.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

If Section 15.04.080(H)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 15.04.080.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)

Chapter 15.05 - INTERLOCAL AGREEMENTS#

Sections:

15.05.010 - Interlocal Agreement.#

It is the intent of the City that the provisions of the agreement between the Utah Transit Authority and the City adopted on February 17, 2004 by Resolution R-2004-5 shall restrict the exercise by the City of its authority within the designated corridors to the full extent provided by the agreement, notwithstanding anything in an existing or future City ordinance to the contrary. Accordingly, all operative provisions of the agreement are adopted and incorporated into this Code by reference. To the extent any City ordinance existing at the time of the adoption of Resolution R-2004-5 conflicts with the provisions of the adopted agreement, such ordinance is amended to limit and restrict the operation and applicability thereof solely to territory outside the corridor. Any future City ordinance to come after the time of the adoption of Resolution R-2004-5 that conflicts with the provisions of the agreement shall, during the term of the agreement, be construed as applying solely to territory located outside the corridor. For purposes of this Section, "corridor" is as defined in the agreement.

(Ord. No. 2020-02, § III(Exh. B), 1-8-2020)