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19.07.060 Sensitive lands overlay; Submittal and approval process for annexations, rezones, and conceptual approvals
Each step should be followed in the order outlined.
(1) Meet with staff to determine the feasibility of the development and review the Sensitive Lands Overlay Map to determine if the site is in the overlay area and if it is, what hazards may be associated with the site. If the site is outside of the overlay area, the process outlined in Title 18 will be followed, excepting PRUD's which will follow the process outlined in Chapter 19.08. If it is subsequently determined that the site is within the sensitive lands overlay or the site has geologic hazards that are not shown on the map the review process will be pursuant to this Chapter.
Building permits on single lots, whether or not in platted subdivisions, which are in the sensitive lands overlay area will follow the outline through this Section up to paragraph 5 after which the building permit may be issued administratively after it is determined that the lot can be developed in accordance with the intent of this Chapter.
If the development is considered a small subdivision, as defined in Chapter 18.48, then the process outlined in that Chapter will be followed after a complete geotechnical review is performed as outlined in this Section.
If the only hazard associated with the site is high liquefaction then the applicant must submit a soils report with recommendations for control of subsurface water as well as footing and foundation design after which the proposal will follow the process outlined in Chapter 18.12.
(2) A scope of work must be submitted by a qualified consultant that will address all hazards associated with the site and how each hazard will be evaluated.
(3) The City and its geologic consultants will review the scope of work to determine if the methods outlined are designed to produce the necessary information.
(4) Application for annexation, rezone, and conceptual approval to the Planning Department. All applications required in this Section shall first be submitted for review and recommendation to the Planning Department. All of the required information necessary for each approval process shall be submitted at least four (4) Mondays prior to the Planning Commission meeting at which it is to be considered. The following items are required to be submitted with the application for annexations, rezones, and conceptual approvals:
(a) Location of the proposed subdivision, with identification of abutting streets;
(b) An estimate of the average slope of the proposed subdivision generally, and the slope of any individual steeper lots than that average;
(c) The number of lots;
(d) The location and size of proposed lots;
(e) Location, width, and grade of all proposed streets, and radii of any cul-de-sac;
(f) Location of existing or proposed schools, churches, or parks; and
(g) Soil/geologic report that addresses all items in the approved scope of work and if applicable recommendations by a qualified geotechnical engineer. Reports shall be site specific and identify all geologic hazards, whether on or off-site, if it affects the particular property including the following hazard(s):
(i) Flood history and potential; proximity to known canals, lakes, streams and alluvial fan flooding;
(ii) Definition of any zones of deformation with respect to active faults and recommended setbacks therefrom;
(iii) Evidence for other mass movement of soil and rock (landslides, debris flows, rock falls);
(iv) Identification of anomalies of the terrain or characteristics of the geological materials which would have any potential impact upon the use of site;
(v) Determination of ground water characteristics;
(vi) The report shall contain written recommendations for construction of structures and avoidance or mitigation of the hazards. Land drains recommended for the purpose of hillside drainage and dewatering to achieve slope stability through private property shall be owned and maintained by a Home Owners Association or property owner, constructed to Layton City standards, and shall be located within easement to ensure the long-term maintenance and operation of the drains. This requirement shall not alleviate or substitute the requirement for a land drain system located within the public right-of-way for footing and foundation drains;
(vii) Report of soil characteristics. Data regarding the nature, distribution, and strength of soils within the project area. The soil report shall include a unified classification of all soils with an estimate of susceptibility to erosion, plasticity index, liquid limit, shrink-swell potential, and general suitability for development;
(viii) Estimate of the likely highest level of the water table considering the long-term effects of development and irrigation.
(5) After the application is received by the Planning Department, the geologic and soil report will be reviewed by staff and, if the report finds that geologic hazards exist, the report will be reviewed by other geotechnical advisors which may include the Utah Geologic Survey (UGS). If after review, the geotechnical advisors concur with the geologic and soil report and the proposed remedial measures submitted by the applicant, the item will be forwarded to the Planning Commission for review for conceptual, annexation, or rezone approval, and the process will follow the outline under Section 19.07.070. The required reports and the plans to address the concerns set forth in those reports shall be stamped and approved by a licensed professional engineer. If the staff and/or their advisors do not agree with the applicant's geologic and soils report, the following action may be taken:
(a) Additional studies may be required to be performed.
(b) The Construction Staff and the City's geotechnical advisors review the submitted reports and determine that a third party, selected by the City, should review the submitted studies at the cost of the applicant. The third party should review the information that has been submitted. Additional fieldwork will only be performed after consultation with the geotechnical advisors and applicant and if it is determined to be necessary to make a determination.
(c) On recommendation of the City's geotechnical advisors, the construction staff may determine that the site cannot be developed and no further action is taken. An appeal from this decision can be made to the City Council. The matter must first be heard by the Planning Commission in order for the City Council to have the Planning Commission's recommendation. Such an appeal must be in writing and submitted to the Planning Department within thirty (30) days of the construction staff decision.
The request will not be forwarded for annexation, rezone, or conceptual approval until the plans provided, which were designed to address the geologic and soils issues, are stamped and approved by a licensed professional engineer, which establish that the site can be developed in accordance with the intent of this Title.
Ord. No. 97-19, Enacted, 4/17/1997
Ord. No. 00-16, Amended, 5/18/2000
Ord. No. 04-69, Recodified, 12/16/2004
Ord. No. 15-07, Amended, 5/7/2015