Chapter 25. Sensitive Lands Overlay (SLO)
25.1 Purpose
The intent and purpose of this Code is to protect the health, safety and welfare of the general public and citizens of Rockville and to mitigate public and private losses due to conditions found in critical and sensitive areas such as steep slopes, unstable soils, flood zones, earthquake potential, potential rock falls, liquefaction, collapsible soils and other natural calamities. The overlay zone is to reflect the goals and policies of the Rockville General Plan and the information found in the Rockville Zoning Map, Rockville Sensitive Lands Overlay Map, FEMA maps, and other information regarding these critical lands.
The Sensitive Lands Overlay Map (SLO) is to include all lands within and adjacent to the Town of Rockville. Features identified on this map are considered environmentally sensitive and fragile as a result of the presence of steep slopes, expansive soils, flood hazards, debris flows, shallow ground water, erosion, mudflow, earthquake potential and liquefaction, collapsible soils, danger of rock falls, wildfire, critical view sheds or other similar natural conditions. This overlay zone is to serve to protect and conserve the Towns culinary water supply, sensitive vegetation, and sensitive soils. Further, it encourages location, design, construction, and uses within the zone which provide maximum safety, and use and public enjoyment consistent with the area's natural limitations and the need to protect the environment.
This overlay zone establishes standards and guidelines for uses and development activities which recognize the needs for preservation of these natural environmental conditions, the need to mitigate potentially unsafe or adverse conditions arising from development activities, and protection of the rights of property owners to a reasonable use of their property.
25.2 Application and Analysis Requirements
In the Sensitive Area Overlay zone, as depicted on the Rockville Sensitive Lands Overlay Map, the following application and analysis requirements and standards shall apply. The map and this Chapter requires that the following analysis be conducted to determine the exact boundaries of the sensitive areas and does not in and of itself define the sensitive areas.
Lands in or partially in the Sensitive Lands Overlay Zone as depicted in the Land Use Map, Rockville Sensitive Lands Overlay Map, and Zoning District Map, as well as other smaller areas outside of the overlay zone as determined by the Planning Commission to possibly be sensitive, require the developer to perform the following application and environmental impact studies, consisting of an analysis of each of the elements of 25.2.1 and 25.2.2 listed below and as designated by the Planning Commission. The study shall follow all standards that shall apply in this Chapter and provide enough information to the Town to be able to reasonably designate the sensitive lands areas as well as providing adequate treatment and mitigation alternatives for dealing with the development impacts.
Sensitive areas so designated contain lands that may have development suitability concerns as contained in Chapter 12 of this code, and the conditions and impacts of the potential development must be critically evaluated as per this Chapter.
The following analysis elements must be conducted to determine the exact boundaries of the sensitive areas as well as mitigation measures necessary to eliminate or lessen the impacts of development. The studies do not in and of itself define the sensitive areas.
25.2.1 Sensitive Areas Analysis and Determination
Any applicant for any development approval must produce a sensitive areas analysis performed by qualified professionals as approved by the Town that identifies and delineates all the following features and conditions:
25.2.1.1 Slope/Topographic Map
A slope/topographic map shall be prepared and based on a certified boundary survey and depict contours at an interval of five feet (5) or less. Additionally, the map shall highlight areas of high geologic hazard, areas subject to landsliding, and all significant steep slopes in the following categories:
A. greater than fifteen percent (15%) but less than or equal to thirty percent (30%) shall be designated Steep Slopes;
B. greater than thirty percent (30%) shall be designated Very Steep Slopes.
25.2.1.2 Ridgeline Areas and Cliff Edges
Ridgeline areas and cliff edges, as defined in Chapter 2, shall be denoted.
25.2.1.3 Vegetative Cover
Vegetative cover shall be denoted generally by type and density of vegetation, including:
1) deciduous trees,
2) coniferous trees,
3) gamble oak or high shrub, and
4) sage, grassland, and
5) agricultural crops.
The Town shall have the discretion to require a more detailed tree/ vegetation survey if the site has significant or unusual vegetation, stands of trees, or wooded areas.
25.2.1.4 Entry Corridors and Vantage Points
All Town designated entry corridors showing on the Land Use Map and/or Zoning Map, as well as the designated vantage points present within or adjacent to the site, as defined in Chapter 2.
25.2.1.5 Wetlands
Wetlands as established by using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January 26, 1989 or more recent, whichever is stricter. Although the Federal Manual may change in the future, the Town will use this referenced manual as a basis for wetlands determination.
25.2.1.6 Stream Corridors
Stream corridors as defined by their ordinary high-water mark.
25.2.1.7 Wildlife Habitats
Delineate all critical or sensitive wildlife areas and habitats as defined by the State or other studies and designate which wildlife species inhabit the area and may be affected by the different types of land uses proposed in the area.
25.2.2 Additional Information and Study Requirements
In addition to the analysis required by the preceding subsection, the Town Planning Commission or Staff may require the applicant to undertake the following studies and submit the following information and assessments to ensure that the Town has adequate information to comprehensively assess all development proposals in or containing sensitive lands. Such information and studies may include, but are not limited to:
25.2.2.1 Visual Assessment
Visual assessments of the subject property from relevant designated vantage points as directed by the Town Planning Commission or Staff, depicting conditions before and after the proposed development, including the proposed location, size, design, landscaping, and other visual features of the project to assist in analyzing the potential aesthetic impact and most advantageous location of structures and other improvements to reduce any adverse impact. The visual assessment shall be conducted using techniques as approved by the Town Planning Commission or Staff, including but not limited to sketches, models, drawings, renderings, hand-enhanced photographs, and computerized images. Selection of the appropriate technique will depend on the size of the development and the visual sensitivity of the proposed development site.
25.2.2.2 Soil Investigation Report
Soil investigation report, including but not limited to shrink-swell potential, elevation of water table, general soil classification and suitability for development, erosion potential, and hazardous material analysis.
25.2.2.3 Geo-technical Report
Geo-technical report, including but not limited to location of major geographic and geologic features, depth and types of bedrock, structural features (folds, fractures, faults, etc.), and historic and potential landslide and other high-hazard areas such as mine shafts/tunnels, quarries and known rock fall paths.
25.2.2.4 Additional Slope Information
Additional slope information. If the size of the proposed development and visual sensitivity of the site dictate, the Town Planning Commission or Staff may require the submission of a slope/topographic map depicting contours at an interval of two feet (2).
25.2.2.5 Fire Protection Report
Fire protection report, including but not limited to identification of potential fire hazards, mitigation measures, and access for fire protection equipment, existing and proposed fire flow capability. The fire protection report shall address, as appropriate, the State Forester's Wildfire Hazards and Residential Development Identification Classification and Regulation Report and the Washington County Wildfire Plan. This report must be made with the direction/cooperation and approval of the RSFPD.
25.2.2.6 Hydrologic Report
Hydrologic report, including but not limited to information on groundwater levels, natural and agricultural irrigation and drainage channels and systems, and base elevations in floodplains.
25.2.2.7 Wetland/Stream Corridor Resource Evaluation
Wetland/stream corridor resource evaluation, including a delineation of wetland and stream corridor boundaries and a determination of resource significance pursuant to Section 25.2.4.
25.2.2.8 Agricultural Analysis
An Agricultural Analysis as per Chapter 2 may be required to determine the impacts on important agricultural areas within or adjoining the area(s). This analysis must address the effects of changing land uses on vegetation, irrigation systems, range land quality, weed control, agricultural accesses and rights-of-way and fire concerns to name a few.
25.2.3 Waiver/Modification of Analysis and Study Requirements
Based upon a preliminary assessment of the development proposal and a site field inspection, the Town Planning Commission or Staff may modify or waive any of the sensitive lands analysis requirements upon a determination that the information is sufficient at a reduced level of detail. Any such determination must be consistent with 25.1 of this Chapter.
25.2.4 Sensitive Areas Determination
The Town Planning Commission or Staff shall delineate all sensitive lands or areas on the parcel, including steep slope areas, ridgeline areas, entry corridors, and wetlands areas and stream corridors and other areas based on information submitted pursuant to this Section, including any other information and data available to or acquired by the Town, and an analysis thereof. Such delineation shall be used as the basis for all calculations of open space, density, buffers, setbacks, and density transfers permitted or required by this Chapter. The study performed by the developer may suggest areas for designation and/or various alternatives, however, the final designation shall be made by the Town.
25.2.5 Density Transfer
Whenever land within the Sensitive lands Overlay Zone is subject to more than one density transfer provision, the more restrictive provision shall apply.
25.2.6 Annexations
Whenever an annexation petition is presented to the Town, that annexation may be required to provide a Sensitive Lands Analysis according to this code and may require varying levels of detail based upon existing conditions on the site. The Sensitive Lands will be determined based upon that analysis. The analysis may lead to the designation of additional sensitive areas, significant ridgelines, wetlands areas or vantage points which may not have been previously included as a part of this Code or of the accompanying maps.
25.3 Sensitive Lands Regulations
The following provisions shall apply to all delineated sensitive lands and areas contained in the Sensitive Lands Overlay Zone, or as delineated elsewhere as provided in Section 25.2, including all other steep slopes, ridgeline areas, fields, entry corridors, wetlands, and stream or river corridors. Areas delineated as hazardous (geologic or natural hazards and high flooding potential) to development or areas where proper wildlife mitigation measures cannot be implemented to the satisfaction of the Town in the studies and analysis requirements of this Chapter, will be deemed as undevelopable. The following parts of this Section regulate development in the sensitive lands, which are located outside of the designated undevelopable areas.
25.3.1 Slope Protection Regulations
25.3.1.1 Intent
It is the intent of these regulations to protect Rockville's visual character and environmentally sensitive areas on hillsides and slopes. This shall be accomplished by minimizing the visual and environmental impacts of development through careful site planning that maintains the maximum amount of open space, protects existing vegetation, avoids sensitive natural areas, minimizes erosion, recognizes the need for water conservation and locates structures in the least visually sensitive location. These regulations shall apply to all slopes in excess of fifteen percent (15%).
25.3.1.2 Prohibitions
No development shall be allowed on or within fifty feet (50) of slopes in excess of thirty percent (30%), lands subject to landsliding, regular flooding, soils deemed unsuitable as to safety, and other high-hazard geological areas, as determined by a geo-technical or soils report produced pursuant to Section 25.2 herein.
25.3.1.3 Graded or Filled Slopes
Cutting and filling to create additional or larger building sites shall be kept to a minimum and avoided to the maximum extent feasible. All proposed grading and filling shall be subject to review by the Town and Staff to ensure minimum visual impact and geo-technical safety. Graded or filled slopes shall be limited to a three to 1 (3 1) slope or less. All graded slopes shall be re-contoured and revegetated to the natural, varied contour of surrounding terrain.
25.3.1.4 Benching or Terracing
Benching or terracing to provide additional or larger building sites is prohibited.
25.3.1.5 Streets and Roads
Road construction in hillsides can be the most visually disruptive portion of a development. Development in some areas may not be appropriate if roads cannot be constructed to access it without causing significant visual impacts. Where streets and roads, public and private, are proposed to be constructed on steep slopes:
A. Streets and roads that cross slopes of thirty percent (30%) or greater shall not be allowed, with the possible exception that a short run of not more than one hundred feet (100) across slopes greater than thirty percent (30%) may be allowed by the Town
upon a favorable recommendation by the town engineer that such streets or roads will not have significant adverse visual, environmental, or safety impacts;
B. Where streets and roads, public and private, are proposed to cross slopes greater than fifteen percent (15%), the following standards shall apply:
1) Evidence must be presented that such streets and roads will be built with minimum environmental damage and within acceptable public safety parameters.
2) Such streets and roads shall, to the maximum extent feasible, follow contour lines, preserve the natural character of the land, and be screened with trees or vegetation.
3) Cutting and filling shall be held to a minimum and retaining walls employed to help provide planting areas conducive to revegetation. Revegetation plans will be required for all areas disturbed by and during road construction.
25.3.1.6 Retaining Walls
Use of retaining walls is encouraged to reduce the steepness of man-made slopes and provide planting pockets conducive to revegetation. The use, design, and construction of all retaining walls shall be subject to the approval of the Town based upon assessment of visual impact, compatibility with surrounding terrain and vegetation, and safety considerations.
25.3.1.7 Landscaping and Revegetation
In order to mitigate adverse environmental and visual effects, slopes exposed in new development shall be landscaped or revegetated in accordance with a revegetation/landscaping plan as provided in this Code, Chapter 12 (Limits of Disturbance/Vegetation Protection) as amended, and enhanced by the requirements this Chapter. Topsoil from any disturbed portion of a steep slope shall be preserved and utilized in revegetation. Fill soil must be of a quality to support native plant growth.
25.3.1.8 Private Development Design Standards
All development on steep slopes shall comply with the any design standards currently adopted by the Town plus those standards of Section 25.5 of this Chapter.
25.3.1.9 Open Space and Density on Delineated Portions of Sites With
Steep Slopes Greater Than Fifteen Percent (15%) but Less Than
or Equal to Thirty Percent (30%)
In addition to the specific development regulations set forth above, the
following general open space, limits of disturbance, and density transfer
regulations shall apply:
A. Open Space
Seventy-five percent (75%) of the steep slope areas shall remain in natural and permanent open space as defined in the Development Code. Twenty five percent (25%) may be developed in accordance with the underlying zoning subject to the following conditions.
1) Maximum Development Density
The maximum allowable density that may be developed on the portion of the steep slope areas not set aside for open space shall be governed by the underlying zoning. PD bonuses shall not apply to development in these areas, but may be used if transferred to another site. However, the maximum allowable density shall be permitted only by approval of the Town pursuant to the visual and environmental analysis provided for in Section 25.2, and a finding that development at that density will not have a significant adverse visual or environmental affect on the community as set forth in Section 25.3.1.9(c), Suitability determination.
2) Location of Development Within Sensitive Areas
Any development permitted in steep slope areas pursuant to this Section shall be located in such a manner to reduce visual and environmental impacts to the maximum extent feasible. To determine the most appropriate location for development, the Town, Staff and/or Planning Commission shall require that the applicant conduct a visual and environmental analysis considering visual impact from key vantage points, potential for screening, location of natural drainage channels, erosion potential, vegetation protection, access, and similar site design criteria. Based upon such analysis, the Town may require any one or a combination of the following measures:
a) Clustering of development within the sensitive areas, or
b) Dispersal of development throughout the sensitive areas, or
c) Transferal of development density to non-sensitive or less sensitive portions of the site not subject to Section 25.3. (In transferring development to less sensitive portions of the site, fields must also be considered as important visual resources. A low lying field area may not always be the most appropriate location for all the development on a site to occur. Development shall be sighted to preserve the open field vistas, which are also desirable).
B. Density Transfer
Up to twenty-five percent (25%) of the densities otherwise permitted in the underlying zone attributable to the seventy-five percent (75%) open space portion of the site may be transferred to other portions of the site. The density transfer shall be subject to a suitability determination as set forth in Section 25.3.1.9(c). In addition to density transfers permitted above, up to one hundred percent (100%) of the remaining pre-existing density as set forth in Section 25.3.1.9(a) is eligible for transfer.
C. Suitability Determination
A suitability determination certifying that a development will have no significant adverse impact on adjacent properties or development may be granted by the Planning Commission at the time of planned development or subdivision review if the following conditions are satisfied:
1) The overall development density of the entire parcel (not limited to the portion of the parcel receiving the transferred densities) is compatible with that of adjacent properties or developments. The fact that individual lot sizes in the receiving areas may vary from those of adjacent properties or developments shall not solely be determinative of incompatibility.
2) The architecture, height, building materials, and other design features of the development in the receiving areas are compatible with adjacent properties or developments.
3) The applicant has agreed to adopt appropriate mitigation measures such as landscaping, screening, illumination standards, and other design features as recommended by the Town Planning Commission or Staff to buffer the adjacent properties from the receiving areas.
4) There are no adverse or unmitigated impacts on wildlife in the area.
25.3.1.10 Open Space and Density on Portions of Sites With Very Steep Slopes (in excess of thirty percent [30%])
A. One hundred percent (100%) of the very steep slope areas shall remain in open space. No vegetation on the very steep slope areas shall be disturbed.
B. Up to ten percent (10%) of the densities otherwise permitted in the zone may be transferred to other portions of the site, including delineated sensitive areas if appropriate. The density transfer shall be subject to a suitability determination by the Town as set forth in Section 25.3.1.9(c).
25.3.1.11 Planned Development Open Space Requirements
Any open space requirements contained in Chapter 12 of the Land Use Code shall continue to apply to the developed portion of a sensitive lands site developed under that Chapter.
25.3.1.12 Transfer Density Bonuses
In addition to the density transfers permitted pursuant to this Section, the Town may grant, at the PD or subdivision review, up to a maximum of twenty five percent (25%) increase in transferable densities if the applicant:
A. donates open space either in fee or a less-than-fee interest to either the Town or another unit of government or nonprofit land conservation organization approved by the Town. Such density bonus shall only be granted upon a finding by the Town that such donation will ensure the long-term protection of a significant environmentally, agricultural or visually sensitive areas; and/or
B. restores previously degraded wetlands or stream areas on the site or makes other significant environmental improvements.
25.3.2 Ridgeline Area Protection Regulations
25.3.2.1 Intent
The intent of these provisions is to protect the unique visual and environmental character of all designated ridgeline areas within the Sensitive Lands Overlay Zone and to ensure that development near ridgeline areas blends in with rather than interrupts or modifies the natural contour elevations of these landforms. Significant ridgeline areas should
be retained in a natural state, and development should be sighted in such a manner so as not to create a silhouette against the skyline, desert, or valley backdrop as viewed from the designated vantage points.
25.3.2.2 Minimum Setback
No building, roof, or other appurtenant device shall encroach upon the ridgeline areas, as defined in the Definitions, Chapter 2. Additionally, no roof or other appurtenant device, including mechanical equipment, on any building may visually intrude on the ridgeline areas from any of the designated vantage points as described herein, and determined by a visual assessment.
25.3.2.3 Open Space and Density
In addition to the specific development regulations set forth above, the following general open space, limits of disturbance, and density transfer regulations shall apply to all ridgeline areas in the Sensitive Lands Overlay Zone:
A. Vegetation and Open Space
No vegetation within the ridgeline areas shall be disturbed. One hundred percent (100%) of the ridgeline areas shall remain in open space.
B. Density Transfer
Up to twenty-five percent (25%)of the densities otherwise permitted in the zone attributable to the ridgeline areas may be transferred to portions of the site determined not to be subject to restrictive regulations contained in Section 25.3 herein. The density transfer shall be subject to a suitability determination as set forth below.
C. Suitability Determination
A suitability determination certifying that a development will have no significant adverse impact on adjacent properties or development may be granted by the Town at the time of the planned development or subdivision review if the following conditions are satisfied:
1) The overall development density of the entire parcel (not limited to the portion of the parcel receiving the transferred densities) is compatible with that of adjacent properties or developments. The fact that individual lot sizes in the receiving areas may vary from those of adjacent properties or developments shall not be solely determinative of incompatibility.
2) The architecture, height, building materials, and other design features of the development are compatible with adjacent properties or developments.
3) The applicant has agreed to adopt appropriate mitigation measures such as landscaping, screening, illumination standards, and other design features as recommended by the Town to buffer the adjacent properties from the receiving areas.
4) There are no adverse or unmitigated impacts on wildlife in the area.
25.3.2.4 Density Bonuses
In addition to the density transfers permitted pursuant to this Section, the Town may grant, at Planned Development (PD) or subdivision review, up to a maximum of twenty five percent (25%) increase in transferable densities if the applicant:
A. donates open space either in fee or a less-than-fee interest to either the Town or another unit of government or nonprofit land conservation organization approved by the Town. Such density bonus shall only be granted upon a finding by the Town that the donation will ensure the long-term protection of a significant environmentally, agriculturally or aesthetically sensitive areas; and/or
B. restores degraded environmental areas on the site or makes other significant environmental improvements.
25.3.3 Sensitive Lands Entry Corridor Protection
25.3.3.1 Intent
To protect the image of Rockville as an agricultural, desert valley community with sweeping, attractive, desert, valley vistas and open fields, it is the intent of this Section to maintain the visual character of all designated entry corridors into Rockville including open space and fields located in the entry corridor protection areas, views of hillsides and ridgeline areas, and natural areas such as streams, rivers and wetlands. This objective can be attained by eliminating or mitigating visually obtrusive development and ensuring that significant portions of open space remains intact.
25.3.3.2 Applicability to Property Within Existing Rockville Town Limits
The regulations contained in this subsection shall apply to all structures on lots adjacent to or within two-hundred and fifty feet (250) of the nearest right-of-way of designated sensitive lands entry corridors within
the existing boundaries of Rockville and may include all highway entries into the Town and designated on the Land Use Map and the Zoning District Map.
25.3.3.3 Applicability to Future Annexed Properties
Upon submission of an annexation petition, the Planning Commission shall identify relevant sensitive lands entry corridors for designation by the Town and to the maximum extent feasible, open vistas and fields shall be maintained.
25.3.3.4 Access/Traffic
Access points and driveways connecting directly to the sensitive lands entry corridor roadways shall be minimized. Access shall be from existing Town streets that join with the corridor roadways rather than direct roadway access. Common driveways between adjoining projects shall be encouraged. Whenever direct driveway access is necessary, it shall be located in such a manner to minimize interference with through traffic on the corridor roadway.
25.3.3.5 Setbacks
A. A setback line shall be established by the Town based upon a visual assessment of the property. However, in no case shall the setback be less than one hundred feet (100) from the nearest entry roadway right-of-way. In areas where open field vistas are considered important, the required setback may be increased significantly. The one hundred-foot (100) standard is intended to be more appropriate for properties currently within the Town limits. Upon an annexation request, the appropriate setback will be determined based upon a site-specific visual analysis.
B. Building setbacks shall vary from structure to structure within any one lot or development. Setbacks shall also vary from those on adjoining roadway-oriented property to avoid creating a walled effect. Buildings shall be located in such a manner to enhance and frame important views as determined in the visual assessment provided for in Section 25.2.
C. Agricultural or stock fences shall be permitted in the setback areas.
25.3.3.6 Parking Lots
Parking lots shall be located to the rear or sides of buildings to the maximum extent feasible.
25.3.3.7 Berms/Earthwork Screening
All earthen berms and earthwork screening shall be graded and planted in such a manner so as to permit views of primary uses on the site from the adjacent entry corridor roadway. Additionally, berm crests shall be contoured and varied in height to avoid a straight-line barrier effect.
25.3.3.8 Fencing
In addition to the requirements contained in the Development Code, all fences in the entry corridor shall be of one of the following styles:
A. Wooden rail.
B. Architecturally compatible solid wood and natural stone.
C. Wire type stock fences.
D. Various forms of steel fencing as determined by the Town, not including chain link fencing.
E. Or of a type which is compatible with the rural, agricultural and residential character of the Town.
25.3.3.9 Height Controls
No building shall exceed the following height limits. In addition, buildings may be required to be stepped back to preserve and enhance important views defined in the visual assessment as provided in Section 25.2.
A. Twenty feet(20) if the entry corridor setback is less than two hundred feet (200).
B. Up to the maximum height allowed by the underlying zone if the setback is two-hundred feet (200) or greater.
25.3.3.10 Landscaping/Vegetation Protection
A landscaping plan shall be required for all entry corridor developments, and vegetation protection shall be undertaken pursuant to this Code as amended.
25.3.4 Wetlands and Stream or River Corridors
25.3.4.1 Intent
The Town finds that the wetlands and stream corridors provide important hydrologic, biological and ecological, aesthetic, recreational, and educational functions. Important functional values of wetlands and streams can be lost or significantly impaired as a result of various development activities and additional functional values of these important resources may be lost. The following requirements and standards have been developed to promote, preserve and enhance these valuable resources and to protect them from adverse effects and potentially irreversible impacts.
25.3.4.2 Jurisdiction
All significant wetlands and stream corridors in the Sensitive Lands Overlay Zone and elsewhere in the Town are regulated as provided herein and are subject to the jurisdiction of this Code.
25.3.4.3 Prohibited Activities
No person shall engage in any activity that will disturb, remove, fill, dredge, clear, destroy or alter any areas, including vegetation, ("surface disturbance") within significant wetlands and significant stream or river corridors and their respective setbacks, except as may be expressly allowed herein.
25.3.4.4 Boundary Delineations
Wetland and stream corridor delineations shall be performed by a qualified professional that has demonstrated experience necessary to conduct site analysis. The qualified professional shall be approved by the Town and shall perform the work on behalf of Rockville Town through a third-party contract where all fees, costs and expenses are borne by the applicant. Delineation of wetlands and stream corridors shall be subject to the approval of the Town.
A. Pursuant to Section 25.2.1.5, Boundary Delineation of Wetlands shall be established using the Federal Manual For Identifying and Delineating Jurisdictional Wetlands, dated January 26, 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service. Subsequent revisions to the Federal Manual shall not be incorporated as part of the methodology unless the methodology is stricter in application. Although the Federal Manual may change in the future, the Town will use this referenced manual as the main basis for wetlands determination.
B. Stream corridors shall be delineated at the high water mark as defined herein.
25.3.4.5 Determination of Significance
A. A wetland delineated pursuant to the 1989 Federal Manual shall be found significant based upon the following criteria:
1) Size
All wetlands that occupy a surface area greater than 1/26 acre or are associated with permanent surface water are significant.
2) Location
All wetlands that are adjacent to or contiguous with a stream corridor are significant.
B. All stream corridors are significant. Stream corridors shall not include ditches, which are commonly known to be irrigation ditches and do not contribute to the preservation or enhancement of fisheries or wildlife.
25.3.4.6 Setbacks
The following setbacks are considered minimum distances:
A. Setbacks from wetlands shall extend a minimum of one hundred feet (100) outward from the delineated wetland edge.
B. Setbacks from stream corridors shall extend a minimum of one hundred feet (100) outward from the high water mark.
25.3.4.7 Runoff Control
All projects adjacent to wetlands will provide appropriate temporary (straw bail berms) and permanent runoff control to minimize sediment and other contaminants to the maximum extent feasible. The town engineer must approve these control systems.
25.3.4.8 Habitat Restoration Projects
The Planning Commission and/or Town Staff may approve wetland and stream restoration and enhancement projects providing that the project plan has been reviewed by a qualified professional and approved by the appropriate State and Federal agencies with jurisdiction. All habitat restoration work shall be performed under the direct supervision of a qualified professional.
25.4 Administrative Provisions
25.4.1 Development Approvals for Public Projects/Public Works/Public Utilities
All public development projects and public works that visually impact or otherwise adversely impact sensitive areas, and all public utility installations including but not limited to water and sewer projects, pipelines, electrical supply facilities and wires, roads, and trails, constructed or undertaken within the Sensitive Lands Overlay Zone shall be reviewed according to the following process and guidelines. It is the intent of this Section that the proposed public utilities projects, both private and public, make all reasonable attempts to comply with the standards and guidelines of the Sensitive Lands regulations. The primary emphasis shall be on reasonable and practical reclamation and revegetation of areas disturbed by major public works and utility projects. In some situations, it may be necessary to encroach upon certain environmentally sensitive areas in order to maintain a desirable level of public service and safety. In those cases, an evaluation of alternatives and possible mitigation shall be required prior to such projects being submitted.
25.4.1.1 Consultation
A. Public Utilities Projects
The project sponsor shall notify the Town of the proposed project. A project plan delineating the location, alignment, scope, and schedule of the undertaking shall be submitted with such notification. If the Town determines that the project may have significant visual and environmental impacts, a consultation meeting shall be scheduled. No development shall occur until after the consultation meeting and compliance with the steps outlined in the following subsections, unless the Town has determined that no significant visual or environmental impact will result from the proposed project.
B. Public Works and Other Public Projects
The department director or designee shall notify the Town of all proposed projects which may have significant visual and environmental impacts and a consultation meeting shall be scheduled. No development shall occur until after the consultation meeting and compliance with the steps outlined in the following subsections.
Minor projects which are determined by the Town to have no potential for significant visual or environmental impacts shall be exempt from the process outlined in Sections 25.4.1.2 through 25.4.1.6.
25.4.1.2 Mitigation
The Town may require review of the proposed project and after the consultation meeting may request the project sponsor to prepare an environmental impact statement and/or mitigation plan that modifies the project to mitigate the environmental and visual impact of the project. To the maximum extent feasible, the project sponsor shall design the public works to preserve the natural character of the sensitive areas and locate it in areas not visible from major public rights-of-way or public property such as parks.
25.4.1.3 Adoption of Recommendations
The project sponsor shall, before undertaking the project, to the maximum extent feasible, adopt the modifications and mitigation measures
recommended by the Zoning Administrator and/or staff or state in writing why adoption of such measures is not feasible before the project shall proceed.
25.4.1.4 Wetlands and Stream Corridors
All public utilities and public works, constructed or undertaken within significant wetlands and significant stream corridors and their respective setbacks, including but not limited to water and sewer projects, pipelines, electrical supply facilities and wires, roads, and trails, shall be governed pursuant to the procedures set forth in Section 25.4.1. They may be exempted from the requirements of Section 25.3.4 providing that: (a) no practical alternative location exists outside the significant wetland and significant stream corridor and their respective setbacks; and (b) the project meets the technical guidelines defined below:
A. Disturbed areas within the setbacks shall be revegetated using native species common to the native vegetation community.
B. Maintenance access shall be provided at specific access points rather than parallel access roads. To the extent that access roads must be located within a corridor, the roads shall be kept to a minimum width. Parallel access roads shall be sighted contiguous to the utility corridor to minimize disturbance and shall be sighted on the outside edge of the utility corridor away from the resource.
C. Surface materials used for trail construction and other access routes shall be approved by the Town.
25.4.1.5 Emergency Repairs
In the event of an emergency that requires immediate action to protect the health and safety of the general public, such action may go forward without the immediate consent of the Town. The Town Planning Commission or Staff shall be notified immediately and shall be consulted at the earliest stage reasonably possible in the construction/repair phase.
25.4.1.6 Maintenance
Maintenance projects shall proceed only after notification of and approval by the Town. If the Town, due to the size or nature of the maintenance activity, determines that it may have a significant adverse impact on the sensitive areas, the project shall proceed through the review procedures set forth in Sections 25.4.1.1 through 25.4.1.5.
25.4.2 Substantial Compliance
Disputes over the application of the Sensitive Lands Overlay Zone provisions, whenever there are practical difficulties over the application of the provisions or
whenever the aims of this Code can be better achieved through alternatives to strict compliance, the Town may make specific modifications to strict compliance with the Sensitive Lands Overlay Zone ordinance provisions.
25.5 Design Standards
All development within the Sensitive Lands Overlay Zone shall comply with the following design standards which supplement, and supersede in the case of a conflict, any design standards in effect and adopted by the Town.
25.5.1 Building Color and Material
Exterior building colors and materials, to include roofing, shall generally be of low reflectivity and be compatible with the surrounding environment and historic structures in the area. Acceptable colors are muted earth tones and colors which blend with the naturally occurring colors in the local rock, soil, and natural vegetation in order to maintain a distinct local character and to establish visual harmony within the area.
25.5.2 Windows and Other Glass
Glass areas shall be reviewed to avoid highly reflective surfaces. Mirrored glazing is prohibited on any building, except that solar absorption glazing is an acceptable material.
25.5.3 Parking
Subdivision lots and streets shall be designed so that wherever possible parking is located behind buildings on the uphill lots. Uses other than single-family residences shall break up parking areas into smaller lots that should be located in linear strips running parallel to the slope contours. The perimeter of parking areas shall be screened with vegetation, fencing, or other architectural or natural elements.
25.5.4 Rooftop Mechanical Equipment
All rooftop mechanical equipment, including HVAC equipment and similar appurtenances, must be screened so as not to be visible from nearby properties.
25.5.5 Height Controls
Upon review of any subdivision or PD within the Sensitive Lands Overlay Zone, an analysis of appropriate building heights will be conducted. Based upon the visual analysis, building heights may be reduced for all or part of a proposed development.
25.5.6 Dwelling Size
Maximum single-family dwelling size shall be evaluated at the time of project approval taking into consideration visual impact and community character.
Dwelling size may be restricted in consideration of visual impacts, community character, or other concerns.
25.5.7 Underground Utilities
All utility lines in steep slope developments shall be underground, except that the Town may allow above ground utilities if burying would result in severe damage to significant vegetation or sensitive environmental areas.
25.6 Tree and Vegetation Protection Regulations
25.6.1 Additional Regulations
The following provisions and mitigation measures are hereby adopted as enhancements to existing limits of disturbance regulations contained in this code and must be adequately studied. These regulations will apply to new and existing platted subdivisions in the Sensitive Lands Overlay Zone, including the following criteria to be used in establishing limits of disturbance.
A. Visual impacts of the development, including but not limited to screening from adjacent properties, ridgeline areas protection, and protection of critical viewsheds as defined in the Sensitive Lands Regulations, Section 25.2 herein.
B. Erosion prevention and control, including but not limited to protection of natural drainage channels.
C. Fire prevention and safety, including but not limited to location of trees and vegetation near structures.
D. Irrigation and water conservation.
E. Wildlife habitat, including but not limited to preservation of critical wildlife habitat and migration routes.
F. Stream and wetland protection and buffering.
25.6.2 Tree/Vegetation Removal
No trees or vegetation within the Sensitive Lands Overlay Zone may be removed without Town approval.
25.6.3 Irrigation Limits
The amount of irrigated area shall be minimized depending on the amount of existing natural vegetation on the site prior to construction and type of irrigation system(s) proposed to be used.
25.6.4 Revegetation Plan
All applicants for developments on land subject to Sensitive Lands regulations involving cut and fill and graded slopes shall submit a revegetation and landscaping plan for approval by the Planning Commission. The plan shall depict the type, size, and location of any vegetation and trees being planted and illustrate how the site will be re-contoured in such a fashion and with sufficient topsoil to ensure that revegetation is feasible. The plan shall also indicate a time frame for revegetation, which is acceptable to the Town. Retaining walls shall be used to provide breaks in manmade steep slopes exceeding fifteen (15) percent and to provide planting pockets.
25.6.5 Violation/Replacement Provision
Any applicant who violates the provisions of this subsection by removing trees or vegetation or exceeding the prescribed limit of disturbance shall replace two (2) for one (1) in number all trees/vegetation illegally removed. Size of trees planted in replacement of illegally removed trees must be approved by the Town.
25.7 Economic Hardship Relief Provisions
25.7.1 Hardship Relief Petition
Any applicant for development, after a final decision on its development
application is taken by the Town, may file a hardship relief petition with the Town
seeking relief from the overlay zone regulations on the basis that the denial of
the application has created a substantial economic hardship, depriving
the applicant of reasonable use of its property.
25.7.2 Affected Property Interest
The hardship relief petition must provide information sufficient for the Town to determine that the petitioner possesses a protectable interest in property under Article I, Section 22 of the Constitution of Utah and the Fifth Amendment to the United States Constitution.
25.7.3 Economic Hardship Standard
For purposes of this Code, a substantial economic hardship shall be defined as
denial of reasonable use of the property. Upon a finding that the denial of the
application has resulted in a denial of reasonable use of the property, the Town
may provide the petitioner with relief from the overlay zone regulations.
25.7.4 Time for Filing Notice of Petition and Petition
No later than ten (10) calendar days from final action by the Town on any
development application, the applicant shall file a Notice of Petition in writing
with the Town Clerk. Within thirty (30) days of filing of a Notice of Petition, the
applicant shall file a Hardship Relief Petition with the Town Clerk.
25.7.5 Information to be Submitted with Hardship Relief Petition
A. The hardship relief petition must be submitted, and must be accompanied at a minimum, by the following information:
1) Name of petitioner.
2) Name and business address of current owner(s) of the property, form of ownership (whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other), and if owned by a corporation, partnership, or joint venture, name and address of principal shareholders or partners.
3) Price paid and other terms of sale of the property, the date of purchase, and the name of the party from whom purchased, including the relationship, if any, between the petitioner and the party from whom the property was acquired.
4) Nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest.
5) Terms (including sale price) of the most recent purchase or sale of a full or partial interest in the property prior to the date of application.
6) The most recent appraisal(s) of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, prior to the date of application.
7) The assessed value of and ad valorem taxes on the property for the previous three (3) years.
8) All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including but not limited to, right of purchasers to assume the loan.
9) All listings of the property for sale or rent, price asked and offers received, if any, within the previous three (3) years.
10) All studies commissioned by the petitioner or agents of the petitioner concerning feasibility of development or utilization of the property.
11) For income producing property, itemized income and expense statements from the property.
12) Information from a title policy or other source showing all recorded liens or encumbrances affecting the property.
B. The Zoning Administrator or the appointed hearing officer may request additional information reasonable necessary, in their opinion, to arrive at a conclusion concerning whether there has been a denial of all reasonable use constituting a substantial economic hardship.
25.7.6 Failure to Submit Information
The petitioner shall file with the petition a statement of the information that cannot be obtained and shall describe the reasons why such information is unavailable.
26.7.7 Preliminary Determination of Substantial Economic Hardship
Prior to the appointment of a hearing officer, and based on a review of documents submitted by the applicant, the Town shall make a determination whether the applicant has made a prima facie case that the subject property has suffered a denial of all reasonable use that amounts to a substantial economic hardship. If a determination is made that a prima facie case has been established, then the Town shall recommend whether the hearing shall be formal or informal under the Utah Administrative Procedures Act. Such determination shall be made within thirty (30) days of the filing of a hardship relief petition and submission of all information required by the Town necessary to make such determination. Upon such showing, the Town may appoint a hearing officer, elect either formal or informal administrative proceedings, and proceed with a review of the hardship petition. If the Town finds that the applicant has not made a prima facie case of economic hardship as defined above, the petition for hardship relief shall be denied and no hearing officer shall be appointed.
25.7.8 Appointment of Hearing Officer
The Town shall, within thirty (30) days following a preliminary determination of
hardship, appoint a hearing officer to review information submitted by the
petitioner, and hold a hearing to determine whether there is an affected property
interest and whether a substantial economic hardship has been created as a
result of the final action on the application.
25.7.9 Qualifications of the Hearing Officer
Every appointed hearing officer shall have demonstrated experience in either
development, real estate finance, real estate analysis, real estate consulting, real
estate appraisal, planning, real estate or zoning law, or in other real estate
estate related disciplines sufficient to allow understanding, analysis and
application of the economic hardship standard. Prior to appointment, the hearing
officer shall submit a statement of no potential or actual conflict of interest.
25.7.10 Notice of the Public Hearing
Within ten (10) days following appointment of the hearing officer, written notice shall be published and posted in accordance with Chapter 1 of the Development Code. The hearing shall be held within thirty (30) days following the final date of written notice, unless a reasonable extension of time is agreed to by both the Zoning Administrator and the petitioner.
25.7.11 Rules for Conduct for the Hearing
The hearing shall be conducted according to the rules of the Utah Administrative Procedures Act.
25.7.12 Application of the Economic Hardship Standard
In applying the economic hardship standard in Section 25.4.3.3 above, the hearing officer shall consider, among other items, the following information or evidence:
A. Any estimates from contractors, architects, real estate analysts, qualified developers, or other competent and qualified real estate professionals concerning the feasibility, or lack of feasibility, of construction or development on the property as of the date of the application, and in the reasonably near future;
B. Any evidence or testimony of the market value of the property both considering and disregarding the sensitive area overlay zone designation; and
C. Any evidence or testimony concerning the value or benefit to the petitioner from the availability of opportunities to transfer density or cluster development on other remaining contiguous property owned by the petitioner eligible for such transfer as provided herein.
25.7.13 Burden of Proof
The petitioner shall have the burden of providing that the denial of the
application creates a substantial economic hardship under the standard
provided in Section 25.7.3.
25.7.14 Findings of the Hearing Officer
The hearing officer shall, on the basis of the evidence and testimony presented,
make the following specific findings as part of its report and recommendations to
the Town:
A. Whether the petitioner has complied with the requirements for presenting the information to be submitted with a hardship relief petition;
B. Whether the petitioner has a protectable interest in property;
C. The market value of the property considering the sensitive area overlay zone designation;
D. The market value of the property disregarding the sensitive area overlay zone designation;
E. The market value of, or benefit accruing from opportunities to transfer density or cluster development on other remaining contiguous property owned by the petitioner eligible for such transfer as provided herein;
F. Whether it was feasible to undertake construction on or development of the property as of the date of the application, or in the reasonably near future thereafter;
G. Whether, in the opinion of the hearing officer, the denial of the application would create a substantial economic hardship as defined in Section 3.4.3.
25.7.15 Report and Recommendation of the Hearing Officer
A. The hearing officer, based upon the evidence and findings, shall make a recommendation to the Town Council concerning the hardship relief petition.
B. If the hearing officer recommends that the Town approve the hardship relief petition, then the report of the hearing officer shall discuss the type and extent of incentives necessary, in the opinion of the hearing officer, to provide an appropriate increase in market value or other benefit or return to the petitioner sufficient to offset the substantial economic hardship. The types of incentives that the hearing officer may consider include, but are not limited to, the following:
1) An increase in the opportunity to transfer density or cluster development on other property owned by the applicant outside the sensitive area overlay zone;
2) A waiver of permit fees;
3) Approval of development on some portion of the property within the sensitive lands protection district; and
4) Acquisition of all or portion of the property at market value.
C. The report and recommendation shall be submitted to the Town and mailed to the petitioner within thirty (30) days following conclusion of the public hearing.
25.7.16 Town Review and Consideration
The Town shall review the report and recommendations of the hearing officer and approve or disapprove the hardship relief petition within sixty (60) days following receipt of the hearing officers report. The Town shall hold a public hearing and provide notice as provided in the Land Use Code. Only new testimony and evidence shall be presented at any public hearing held by the Town. The Town may adopt any incentive reasonably necessary to offset any substantial economic hardship as defined in Section 25.4.3.3. and may condition such incentives upon approval of specific development plans.
25.7.17 Time Limits/Transferal of Incentives
Any incentives adopted by the Town Council pursuant to this Section may be transferred and utilized by successive owners of the property or parties in interest, but in no case shall the incentives be valid after the expiration date of the development approval.
LAND USE MATRIX - APPLICATION OF SENSITIVE LANDS PROVISIONS
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