SENSITIVE LANDS OVERLAY Chapter 22 Sensitive Lands Overlay 22.1 PURPOSE 22.2 APPLICATION AND ANALYSIS REQUIREMENTS 22.3 SENSITIVE LAND REGULATIONS 22.4 ADMINISTRATIVE PROVISIONS 22.5 DESIGN STANDARDS 22.6 TREE AND VEGETATION PROTECTION 22.1 PURPOSE The purpose of this Chapter is to identify and coordinate the application of natural and scenic resource protection guidelines and standards; protect the health, welfare, and safety of the citizens of Kamas City; and minimize the potential degradation of natural and human-made resources by identifying the impact on sensitive areas. Sensitive lands include, but are not limited to: 1. Stream corridors, wetlands, and water shed and recharge zones. 2. Entry corridors and important vantage points as determined by the staff, Planning Commission and City Council. 3. Scenic view sheds, foothills, and ridgelines as determined by the staff, Planning Commission and City Council. 4. Natural or environmentally hazardous areas. 5. Slopes greater than ten (10) percent. 6. Wildlife habitat and fisheries. 22.2 APPLICATION AND ANALYSIS REQUIREMENTS Any proposed development, development activity or use located in or partially in sensitive lands require the following application and environmental impact studies, consisting of an analysis of each of the elements found in 22.2.1 and 22.2.2 listed below and as designated by the Planning Commission. The studies shall follow all standards that apply in this chapter and provide enough information to Kamas City to be able to reasonably designate the sensitive lands areas. No approval will be granted for any project located in the Sensitive Lands Overlay Zone or having lands as defined by this chapter until the applicant has provided adequate mitigation measures to offset the development impacts. 1. Sensitive Lands Identification Any applicant for project approval which contains sensitive areas as defined in this chapter must produce a sensitive area analysis performed by qualified professionals as approved by Kamas City that identifies and delineates all the following features and conditions: a. Steep Slopes A topographic map and slope analysis shall be prepared and based on a certified boundary survey and shall depict contours at an 22-1 Adopted March 9, 2010
interval of five (5) feet or less. The map shall highlight areas of high geologic hazard, areas subject to landslides, and all slopes in the following categories: Less than ten (10) percent More than ten (10) percent but less than thirty (30) percent More than thirty (30) percent b. Ridgelines The natural crest of a hill or mountain as viewed from major roads. c. Entry Corridors Entry corridors shall include SR248, SR32, and Hwy 150. d. Wetland areas Wetlands as delineated by the Army Corps of Engineers, Soil Conservation Service, or other applicable state or federal agency shall be indicated in the analysis. e. Stream Corridors Stream corridors as defined by their ordinary highwater mark and riparian buffer shall be denoted. f. Wildlife Habitats and Fisheries Delineation of all critical or sensitive wildlife and fisheries habitats shall be identified by the State Division of Wildlife Resources or other applicable agency. 2. Additional Information and Study Requirements In addition to the analysis required by the preceding subsection, the staff, Planning Commission or City Council may require the applicant to undertake the following studies and submit the following information and assessments to ensure that the city 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: a. Visual assessment Visual assessments of the subject property from designated vantage points as determined by the staff and Planning Commission depicting conditions before and after the proposed development. The visual assessment shall include the proposed location, size, design, landscaping, and other visual features of the project to assist in analyzing the potential visual impacts and identify most advantageous location for structures and other improvements to reduce any adverse scenic impacts. The visual assessment shall be conducted using techniques as approved by the staff and Planning Commission 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. b. Soil Investigation Report Including but not limited to shrink-swell potential, elevation of water table, general soil classification and suitability for development, erosion potential, hazardous material analysis, and potential frost action. c. Geotechnical Report Including but not limited to location of major geographic and geologic features, depth and types of bedrock, structural 22-2 Adopted March 9, 2010
features (folds, fractures, faults, etc.), and historic and potential landslide and other high-hazard areas. d. Additional Slope Information If the size of the proposed development and visual sensitivity of the site dictate, the staff and Planning Commission may require the submission of a slope/topographic map depicting contours at an interval of two (2) feet. e. 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. f. 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. g. Wetland/Stream Corridor Resource Evaluation Including a delineation of wetland and stream corridor boundaries. h. Agricultural Analysis An analysis addressing issues related to the Kamas City Right-to-Farm Ordinance. This analysis must address the effects of land use changes on vegetation, irrigation systems, range land quality, weed control, agricultural accesses and rights-of-way, and fire concerns. i. Annexations Whenever an Annexation Petition is presented to Kamas City, the applicant may be required to provide a Sensitive Lands Analysis according to the Land Use Ordinance and may require varying levels of detail based upon existing conditions of 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, wetland areas or vantage points which may not have been previously included as a part of this ordinance or on the accompanying maps. 3. Waiver/Modification of Analysis and Study Requirements Based upon a preliminary assessment of the development proposal and a site field inspection, the staff, Planning Commission, or City Council may modify or waive any of the sensitive lands analysis requirements upon a determination that the information is not necessary for a full and adequate review of the development or is sufficient at a reduced level of detail. 22.3 SENSITIVE LAND REGUALTIONS The following provisions shall apply to all delineated sensitive lands and areas contained in the Sensitive Lands Overlay Zone, or as identified in Section 22.2 above. Areas identified as hazardous (geologic or natural hazards and high flooding potential) in studies and analysis requirements of this Chapter, will be deemed as undevelopable. The following section regulates development on Sensitive Lands. 1. Slope Protection Regulations The requirements in this section are in addition to the regulations found elsewhere in this code. In the event of a conflict, the stricter of the two shall apply. 22-3 Adopted March 9, 2010
a. Intent It is the intent of these regulations to protect the visual integrity and environmental sensitivity of 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 cuts and fills, 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 ten (10) percent. b. Prohibitions No development shall be allowed on slopes in excess of thirty (30) percent, lands subject to landslides, regular flooding, soils deemed unsuitable for development, and other high-hazard geological areas, as determined by a geotechnical or soils report prepared pursuant to Section 22.2 herein. c. Cut and Fill Slopes Cutting and filling to create additional or larger building sites shall be avoided to the maximum extent feasible. All proposed grading and filling shall be subject to review by the City Engineer and City Planner to ensure minimum visual impact and geotechnical safety. Cut and fill slopes shall be limited to a 3 to 1 slope or less. All graded slopes shall be recontoured and revegetated to the natural, varied contour of the surrounding terrain. d. Streets Street construction on hillsides can be the most visually disruptive portion of a development. Development in some areas may not be appropriate if access roads cannot be constructed without causing significant visual impacts. The following standards apply for streets and roads, public and private, that are proposed to be constructed on steep slopes: i. Streets that cross slopes of thirty (30) percent or greater shall not be allowed, except that a short run of not more than one hundred (100) feet across slopes greater than thirty (30) percent may be allowed by the City Council upon a favorable recommendation of the Planning Commission and City Staff that such streets will not have significant adverse visual, environmental, or safety impacts. ii. Where streets are proposed to cross slopes greater than ten (10) percent, the following standards shall apply: Evidence must be presented that such streets will be built with minimum environmental damage and within acceptable public safety parameters. Streets shall, to the maximum extent feasible, follow contour lines, preserve the natural character of the land, and be screened with trees or vegetation. 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 street construction. 22-4 Adopted March 9, 2010
e. Retaining walls Use of retaining walls may be encouraged to reduce the steepness of man-made slopes and provide planting pockets conducive for revegetation. The use, design, and construction of all retaining walls shall be subject to the approval of the City Planner, Planning Commission and City Engineer based upon assessment of visual impact, compatibility with surrounding terrain and vegetation, and safety considerations. f. Fencing Any fencing placed in Sensitive Lands should respect existing land forms, follow existing contours, and blend into the natural setting of the site. Field fencing is encouraged. All fencing will be subject to review and approval of the City Staff and Planning Commission. g. Landscaping and Revegetation In order to mitigate adverse environmental and visual effects, slopes exposed in new development shall be landscaped or revegetated in a manner acceptable to the City Planner, the Planning Commission and the City Engineer. 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. h. Location of Development 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 city shall require the applicant to 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 the analysis, the city may require any one or a combination of the following measures: i. Clustering of development ii. Dispersal of development iii. Transfer of development density to non-sensitive or less sensitive portions of the site. 2. Ridgeline Area Protection Regulations a. Intent The intent of these provisions is to protect the unique visual and environmental character of all 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 sited in such a manner so as not to create a silhouette against the skyline or mountain backdrop as viewed from the designated vantage points or major roads. b. Minimum setback No building, roof or other appurtenant device, including mechanical equipment, on any building may visually intrude on the ridgeline areas as viewed from any designated vantage point or major road as determined by a visual assessment. 3. Sensitive Lands Entry Corridor Protection 22-5 Adopted March 9, 2010
a. Intent The intent of these provisions is to protect the visual image of Kamas City as people enter the community. The city would like to maintain the visual character of all designated entry corridors by eliminating or mitigating visually obtrusive development and ensuring that significant portions of open space remains intact. b. Applicability to Future Annexed Properties Upon submission of an annexation petition, the Planning Staff shall identify relevant sensitive lands in entry corridors for designation by the City Council. c. Landscaping and Design Standards A visual assessment showing proposed development layout including a landscaping plan shall be required for all entry corridor developments. All development within an entry corridor shall comply with the design standards contained in this code. 4. Wetlands and Stream Corridors a. Intent Wetlands and stream corridors provide important hydrological, biological and ecological, aesthetic, recreational, and educational functions. Important functional values of wetlands and streams can be lost or significantly impaired as result of various development activities. 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: i. Prohibited Activities No person shall engage in any activity that will disturb, remove, fill, dredge, clear, destroy or alter any areas, including vegetation, within wetlands or stream corridors and their respective setbacks, except as may be expressly allowed herein. ii. Boundary Delineation Wetland and stream corridor delineation shall be performed by a qualified professional that has demonstrated experience necessary to conduct site analysis. The qualified professional shall be approved by Kamas City. Delineation of wetlands shall be established using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. Stream corridors shall be delineated at the ordinary high water mark and riparian buffer as defined in Chapter 2 of this land use ordinance. iii. Setbacks Setbacks from wetlands shall extend a minimum of fifty (50) feet outward from the delineated wetland edge. Setbacks from stream corridors, including the Weber-Provo Diversion Canal shall extend a minimum of one hundred (100) feet outward from the ordinary high water mark. Setbacks from irrigation ditches shall extend a minimum of fifty (50) feet from the ordinary high water mark. iv. Runoff Control All projects adjacent to wetlands and stream corridors shall provide appropriate temporary and permanent runoff control to minimize sediment and other contaminants to the 22-6 Adopted March 9, 2010
maximum extent feasible. These control systems must be approved by the City Engineer. v. Restoration Projects Kamas City may approve wetland and stream corridor 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. 5. Wildlife Habitat and Fisheries a. Wildlife habitat and fisheries provide important biological and ecological, aesthetic, recreational and educational functions. Important functional values of wildlife habitat and fisheries can be lost or significantly impaired as a result of various development activities. The following standards shall apply to any development which has the potential of adversely affecting critical wildlife or fishery habitats including winter range, migration corridors, birding areas and fisheries. i. Reasonable steps shall be taken to minimize such impacts which may require the clustering of development in the least-sensitive portions of the development site. ii. Development layout shall preserve critical wildlife habitat areas or floodplain corridors along streams supporting fisheries. 22.4 ADMINISTRATIVE PROVISIONS 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, communication facilities and cables, roads, and trails, constructed or undertaken within Sensitive Lands shall be reviewed according to the following process and guidelines. It is the intent of this section that proposed public utility projects, both private and public, make all reasonable attempts to comply with the standards and guidelines of the Sensitive Lands regulations. The project sponsor shall notify Kamas City of the proposed project. A project plan delineating the location, alignment, and scope of the undertaking shall also be submitted. Minor projects which are determined by city staff to have no potential for significant visual or environmental impacts shall be exempt from the process. 1. Mitigation The city staff shall review the proposed project and may request the project sponsor to prepare an environmental impact statement or mitigation plan that addresses and/or mitigates 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 structures and facilities in areas not visible from major public rights-of-way or public property such as parks. 2. 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 22-7 Adopted March 9, 2010
without the immediate consent of the city. The city shall be consulted at the earliest stage reasonably possible in the construction/repair phase. 3. Maintenance Maintenance projects shall proceed only after notification and approval by city staff. If staff, due to the size or nature of the maintenance activity, determines that a significant adverse impact may result in sensitive areas, the project shall proceed through the review procedures set forth herein. 22.5 DESIGN STANDARDS All private development within Sensitive Lands 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 Kamas City. 1. Building Color and Material All buildings shall be constructed with muted earth tone color materials that reflects the dominant color of the surrounding vegetation or background. 2. 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. 3. Rooftop Mechanical Equipment All rooftop mechanical equipment must be screened so as not to be visible from nearby properties or hillsides above the equipment. 4. Roof Pitch, Color, and Materials The pitch of any roof shall generally parallel the slope upon which the building is located, but in any case shall not exceed a height to horizontal ratio of 10/12 and shall not descend closer than seven (7) feet from the ground. The minimum roof pitch shall be 4/12. Roofs shall be a dark, muted earth tone color in a shade of gray, brown, or black that reflects the dominant color of the surrounding vegetation or background. 5. Underground Utilities All utility lines in steep slope developments shall be underground, except that the city may allow above ground utilities if burying would result in severe damage to significant vegetation or sensitive environmental areas. 6. Outdoor Lighting Any light used to illuminate signs, parking areas, or for any other purpose shall be non-glaring, energy efficient and so arranged as to confine direct light beams to the lighted property by appropriate directional hooding. Fixtures shall be located in such a way that the light source will not be visible when viewed from public areas and streets beyond the immediate lighted areas. 22.6 TREE AND VEGETATION PROTECTION The following provisions and mitigation measures are required as enhancements to existing regulations contained in this code. These regulations will apply to new and existing subdivisions in the sensitive lands, including the following criteria to be used in establishing limits of disturbance. 1. Establishing Limits of Disturbance Limits of disturbance may be required of any development including the construction of a single family dwelling in 22-8 Adopted March 9, 2010
sensitive lands or any property found to contain sensitive lands. The limits of disturbance will be established using the following criteria: a. Visual impacts of the development, including but not limited to screening from adjacent properties, ridgeline protection areas, and protection of entry corridors and scenic viewsheds. b. Erosion protection and control, including but not limited to protection of natural drainage channels. c. Fire protection and safety, including but not limited to location of trees and vegetation near structures. d. Irrigation and water conservation. e. Wildlife and fisheries habitat, including but not limited to, preservation of critical vegetation, migration routes, winter range, birding areas, and stream corridors. f. Stream and wetland protection and buffering. 2. Tree or Vegetation Removal No trees or vegetation within sensitive lands shall be removed for the purpose of providing open views to or from structures on a site. 3. Revegetation Plan All applicants proposing development in sensitive lands involving cut and fill and graded slopes shall submit a revegetation and landscaping plan for city approval. The plan shall include the type, size, and location of any vegetation and trees being planted and illustrate how the site will be recontoured with sufficient topsoil to ensure revegetation. The plan shall also indicate a time frame for revegetation which is acceptable to the city. Retaining walls shall be used to provide breaks in manmade steep slopes exceeding ten (10) percent and to provide planting pockets. 4. Financial Security All applicants proposing development in sensitive lands shall submit surety by performance bond, cash bond, or other security approved in writing by the city attorney satisfactory to Kamas City in the amount of 110% of the value of a bona fide contract for the proposed revegetation project. Upon completion of the approved revegetation project, the developer/owner of any development will be refunded 10% of the security submitted. The remaining balance of the value of all revegetation will remain in force for a period of twenty-four (24) months from the date of completion. The bond shall be released, if at the end of twenty-four (24) months, the city finds that all required revegetation is properly installed, maintained, and living. 22-9 Adopted March 9, 2010