Hillside Development Review Procedures and Standards

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36B-1 Purpose and Intent

It is recognized that the general provisions, definitions, procedures, improvements and design requirements, standards and principles set out in the Zoning Ordinance and Subdivision Ordinance of Weber County require supplementation to protect and preserve the public health, safety, and welfare in regard to Hillside Terrain and environmentally sensitive areas. When areas are subdivided or developed on sensitive areas, such features as special soil and geologic conditions, steep terrain, highly combustible native vegetation, and other conditions may pose serious potential consequences such as increased fire, flood or erosion hazards, traffic circulation problems, sewage disposal problems, property damage from extensive soils slippage and subsidence, and adverse effects from destruction of natural scenic beauty and unsightly developments. Such consequences may be avoided if special consideration is given to areas where one or more such conditions exist.

In the administration of the provisions of this Ordinance, the Hillside Development Review Board shall strive to achieve the objective of preserving the natural contours of the hillside areas by encouraging and requiring, where necessary, the following:

  1. A minimum amount of grading which preserves the natural contours of the land.
  2. Retention of trees and other native vegetation (except in those cases where a high fire hazard results) which stabilizes steep hillsides, retains moisture, prevents erosion and enhances the natural scenic beauty.
  3. Construction of roads on steep hillsides in such a way as to minimize scars from cuts and fills and avoid permanent scarring of hillsides.
  4. Placement of building sites in such a manner as to permit ample room for adequate defensible area as defined by the Fire Code, landscaping and drainage between and around the buildings.
  5. Grading which will eliminate the sharp angles at the top and toe of cut and fill slopes, both with respect to building sites and to road cross sections.
  6. Lot and structure designs and location which will be appropriate in order to reduce geologic and environmental hazards, as required in Chapter 38, Natural Hazards Overlay District, of this Ordinance ,as well as grading and natural topographic disturbance.
  7. Cluster type development or other new concepts and techniques , where appropriate, in order to eliminate, as far as possible, construction on steep, sensitive or dangerous terrain.
  8. Early temporary or permanent planting, or other materials, wherever appropriate to maintain necessary cut and fill slopes in order to stabilize them with plant roots or other materials, thereby preventing erosion and to conceal the raw soil from view.

36B-2 Definitions

AVERAGE PERCENT OF SLOPE
An expression of rise or fall in elevation along a line perpendicular to the contours of the land connecting the highest point of a slope to the lowest point of that slope within a parcel or lot. A vertical rise of one hundred (100) feet between two points one hundred (100) feet apart measured on a horizontal plane is a one hundred (100) percent grade. Percentage of slope shall be determined, and shown on the Grading Plan prior to any grading, cut or fills being accomplished.
BUILDABLE AREA (BUILDING ENVELOPE)
A portion of a lot, parcel or tract of land which is to be utilized as the building site having an area of at least one hundred (100) feet by seventy-five (75) feet with an average slope of less than twenty five (25) percent exclusive of easements or required setbacks. Such buildable area(s) to be designated as the only area in which a building may take place and outlined on the subdivision plat in which the lot is located.
LOT
A parcel of land occupied or capable of being occupied by an allowed use, building, or group of buildings (main and accessory), together with such yards, open spaces, parking spaces and other areas required by the Weber County Zoning Ordinance, and/or Subdivision Ordinance, having frontage upon a street or having access upon a right-of-way, access easement, or flag lot access strip approved by the Land Use Authority. Except where specified, not more than one (1) dwelling structure shall occupy any one (1) lot.
LOT, RESTRICTED
A lot or parcel of land which has an average slope of twenty-five (25) percent or more and does not contain a building envelope of at least seventy-five (75) feet by one hundred (100) feet on a buildable portion of the lot with an average slope of less than twenty-five (25) percent, exclusive of easements or required setbacks and/or has been identified as having potential geologic or other environmental hazards or constraints which require further investigation prior to issuance of a building permit
NON-BUILDABLE AREA
A non-buildable area is defined as that area of a lot or parcel of land which has been determined unsuitable for construction of residential buildings and other structures for human occupancy because of extreme slope or identified potential geologic or other environmentally hazardous conditions.

36B-3 Applicability

All parcels, subdivision lots, roads and accesses, where the natural terrain has average slopes at or exceeding twenty-five (25) percent shall be reviewed by the Hillside Development Review Board as part of an application request for Land Use and Building Permits. Hillside Review is required as part of the preliminary subdivision review. This requirement may be waived by the Planning Director and the County Engineer on a case-by-case basis.

The Planning Division shall not issue any Land Use Permits, and the Building Official shall not issue any Building Permits until detailed plans and engineered drawings have been submitted to, and approved by the Hillside Development Review Board. Any condition attached to such approval by said Board shall be a condition required with the issuance of land use permit.

All parcels, subdivisions, lots, roads and accesses may come under consideration of the review board if requested by the owner, developer, or review agency. Other circumstances may warrant a review as found in the “Natural Hazards Overlay Districts” Chapter 38.

36B-4 Procedure

Application

Plans and applications of the proposed development(s) and any relevant information regarding building and excavation of the site are to be submitted to the Planning Division. Information shall include, but not be limited to the following:

  1. Detailed engineering plans and profiles for retaining wall, cuts, filling and/or excavating of land.
  2. Site plan with contours
  3. Cross sections of improvements
  4. Retaining wall designs with engineers stamp (if applicable)
  5. Geotechnical report (site specific for structures) and an outside review of the Geological report if deemed necessary.
  6. Other studies and/or information deemed necessary by the members of the board
  7. Utah Pollution Discharge Elimination system (UPDES) Permit with Storm water Pollution Prevention Plan (SWPPP) shall be required at the time of application. Erosion control landscaping on cuts, fills and other locations, considered necessary by the Review Board, shall be provided in order to prevent erosion.
  8. A Landscape plan as per section 36B-9.

36B-5 Hillside Development Review Board

  1. The review board membership shall consist of the Weber County Planning Director as the chair, Weber County Engineer, Weber County Building Official, Weber Fire District Fire Chief, and the Weber Morgan Health Official or their representatives. Representatives from the respective Township Planning Commission shall be requested when the review involves a subdivision application and not an individual lot. The duty of the board is to review and regulate development on hillsides in accordance with this ordinance. The Planning Division will coordinate the efforts of this Review Board. The review board shall visit the site as a group when reviewing hillsides on a new subdivision. The review board may go as a group or as an individual member when reviewing any parcel or existing subdivision lot. Upon the boards review, board members shall submit their findings in writing to the Planning Division within twenty one days (21) of an agency review request. Additional members may be appointed to the Hillside Development Review Additional members may be appointed to the Hillside Development Review Board by the Planning Director when found to be of benefit to the performance of the duties of the Review Board.
  2. The Review Board shall have the power and duty of reviewing and regulating hillside developments in accordance with this chapter within those lots, parcels or portions thereof which are defined as "Restricted" and for streets abutting such lots, or those requested by an agency review.
  3. The Review Board's recommendations and or requirements shall be furnished in writing to the Applicant prior to any further approvals.

36B-6 Restricted Lot Requirements

Each lot or parcel of land meeting the definition of a ARestricted Lot@ shall have an area and width equal to or greater than that required by the applicable zoning district area regulations as determined from the applicable tables contained in this Chapter. Such lots shall also have sufficient area for the buildings, setbacks, yards, septic tank and drain fields, wells and any necessary cuts and fills, drainage facilities and stabilization areas required by the Hillside Development Review Board.

36B-7 Streets and Roads

The Hillside Development Review Board shall review and approve detailed engineering plans for all streets and roads requiring cut and/or fill, on all lands with slopes of twenty-five (25) percent or more, prior to preliminary approval of the Subdivision.

36B-8 Excavation, Grading and Filling

  1. All excavation shall conform to the Weber County Excavation Ordinance. No extensive grading shall occur that detracts from the aesthetics and is detrimental to the soils stability and erosion.
  2. No excavation shall be made with a cut face steeper in slope than one and one-half (1 2) horizontal to one (1) vertical, except under the following conditions through a soils engineering report and grading plan, as approved by the County Engineer.
    1. That the material making up the slope of the excavation and the under-lying earth material being used is capable of standing on a steeper slope, or
    2. An engineered retaining wall or other support is provided to support the face of the excavation.
  3. An excavation, with a cut face flatter in slope than one and one-half (1 2) horizontal to one (1) vertical may be required if the material in which the excavation is made is such that the flatter cut slope is necessary for stability or safety.
  4. No excavation shall be made close to the property line which may endanger any adjoining public or private property or structures without supporting and protecting such property or structures from settling, cracking or other damage which might result.
  5. No cut slope shall exceed a height of fifteen (15) feet. The Review Board may modify this requirement if it determines erosion and visual impacts are mitigated as identified in Landscaping.
  6. No fill shall be made which creates any exposed surface steeper in slope than two (2) horizontal to one (1) vertical, except where a retaining wall is provided for support or where the developer shows that the strength characteristics of the material to be used in the fill are such as to produce a safe and stable slope and that the areas on which the fill is to be placed are suitable to support the fill.
  7. The Review Board may recommend and/or require that the fill be constructed with an exposed surface flatter than two (2) horizontal to one (1) vertical if such flatter surface is necessary for stability or safety.
  8. Fill slopes shall not exceed twenty (20) feet in height, however this may be modified by the Review Board with findings of extenuating circumstances (similar to 35B-6)
  9. Toes of fill slopes shall not be made nearer to a lot boundary than one half (2) the height of the fill, but need not exceed twenty (20) feet.
  10. The natural ground surface shall be prepared to receive fill by removing organic material non complying fill, and top soil, where natural slopes are five (5) horizontal to one (1) vertical or Steeper, the natural ground surface shall be prepared to receive fill by benching into sound bedrock or other competent material.
  11. No organic material shall be permitted in fills. No rock or similar irreducible material with a maximum dimension greater than eight (8) inches shall be buried or placed in fills within two (2) feet of the final grade.
  12. Building foundations shall be set back from the top of slopes a minimum distance of five (5) feet for all cut slopes steeper than two (2) horizontal to one (1) vertical. No buildings shall be constructed on cut or fill slopes steeper than two (2) horizontal to one (1) vertical.


36B-9 Geologic and Other Environmental Considerations

Geologic and other environmental constraints shall be considered by the review board when reviewing any developments on restricted lots or parcels of land. Mitigation measures shall be required as stated in Chapter 38, Natural Hazards Overlay District, of the Weber County Zoning Ordinance.

An outside review of the Geological report May be done by an independent firm, at the discretion of the County Engineer if he deems it necessary; the independent firm will be selected from a list, provided by the county, with all costs associated with the review paid by the applicant. The Hillside Development Review Board shall consider the findings, recommendations, and requirements of the report. If the applicant disagrees with the finding and reconditions and requirements of the independent firm they may appeal to the Board of Adjustment.

36B-10 Landscaping

For parcels, subdivisions, lots, roads and accesses within the construction boundaries that have disturbed soil surfaces, a landscape plan shall be required. Such landscape plans shall be drawn in conformance with the requirements specified in this chapter. The planting design should coordinate with the existing vegetation and adapted fire resistant erosion control cover. A list of acceptable vegetation is available from the USU Extension Office. Landscaping shall be an integral part of the overall project design. All landscape plans submitted for approval shall contain the following information.

  1. The location, quantity, size and name (both botanical and common names) of all proposed plant material. Plant symbols representing trees and shrubs shall be shown on the plan at seventy-five (75) percent of mature size. Plants and materials may include lawn, ground cover, trees, shrubs, and other live plant materials. Landscaping may also include accessory decorative outdoor landscaping components such as paved or decorated surfaces. Considerations should given to appearance, height, spread growth rate, slope function and decreased maintenance when the phases are complete.
  2. The location of existing buildings, structures, and trees on adjacent property within twenty (20) feet of the site. Where the adjacent trees are growing in native or natural clumps or groves such that showing individual tree locations is impractical, canopy outlines are acceptable.
  3. Existing and proposed grading of the site, indicating contours at a minimum of two (2) foot intervals. Show any walls or retaining structures proposed, along with their respective elevations. Proposed earth berming shall be indicated using one (1) foot contour intervals.
  4. Water efficient irrigation system. This system shall indicate the locations and types of all equipment, including sprinkler heads, control valves, quick-coupling valves, backflow prevention devices, time clock or controller, lateral lines, and main lines.
  5. Pathways, walkways, and common access shall be considered in the landscaping design plan, including plants and trees that should not interfere with the pedestrian’s ability to view the pathways to ensure safety.
  6. Graded areas that are intended for development in a later phase shall be planted with annual grasses.
  7. A proposed schedule for implementing the landscape plan and for any replacement materials that may need time to take hold shall be included in the landscaping plan.
  8. Summary data table indicating the area of the site in the following classifications:
    1. Total area of the site
    2. Total area and percentage of the site in landscape area
    3. Total area and percentage of the site in turf grass.

36B-11 Appeals

An appeal of the Hillside Development Review Board’s decision shall be submitted to the Weber County Planning Division:

  1. The applicant, a board or officer of the county, or any person adversely affected by the Hillside Development Review Board’s decision administering or interpreting hillside development review procedures and standards ordinance may, within the time period provided by ordinance, appeal that decision to the appeal authority by alleging that there is error in any order, requirement , decision, or determination made by the Hillside Development Review Board in the administration or interpretation of the hillside development review procedures and standards ordinance.
  2. An applicant who has appealed a decision of the land use authority administering or interpreting the county’s geologic hazard ordinance may request the county to assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal.
  3. If an applicant makes a request under Subsection (10)(A) , the county shall assemble the panel described in Subsection (10)(B) consisting of, unless otherwise agreed by the applicant and county:
    1. One expert designated by the county;
    2. One expert designed by the applicant; and
    3. One expert chosen jointly by the county’s designated expert and the applicant’s designated expert from a pre-approved list that the Engineering Division has assembled.
  4. A member of the panel assembled by the county under Subsection C may not be associated with the application that is the subject of the appeal.
  5. The applicant shall pay;
    1. 1/2 of the cost of the panel; and
    2. The Counties published appeal fee.

36B-12 Lot, Size Requirements

Lot area and widths shall be increased as the lot or parcel slope percentage increases. The following tables shall be Used to determine the area and width of lots, parcels or tracts of land meeting the criteria for a “Restricted Lot” or those lots with a designated building area on a buildable portion of the lot which has an average percent of slope of twenty-five (25) percent or more.

Restricted Lot Requirements

5,000 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 20,000 100
25 < Slope ≤ 30 23,500 115
30 < Slope ≤ 35 27,500 130
35 < Slope ≤ 40 32,00 145
40 < Slope 38,000 155
6,000 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 6,000 60
25 < Slope ≤ 30 7,800 80
30 < Slope ≤ 35 9,800 90
35 < Slope ≤ 40 12,000 100
40 < Slope 15,000 105
8,000 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 8,000 65
25 < Slope ≤ 30 10,200 95
30 < Slope ≤ 35 12,500 100
35 < Slope ≤ 40 15,200 110
40 < Slope 18,800 115
10,000 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 10,000 80
25 < Slope ≤ 30 12,400 100
30 < Slope ≤ 35 15,000 110
35 < Slope ≤ 40 18,000 120
40 < Slope 22,000 125
15,000 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 15,000 100
25 < Slope ≤ 30 18,000 110
30 < Slope ≤ 35 21,500 120
35 < Slope ≤ 40 25,500 130
40 < Slope 30,750 140
20,000 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 20,000 100
25 < Slope ≤ 30 23,500 115
30 < Slope ≤ 35 27,500 130
35 < Slope ≤ 40 32,000 145
40 < Slope 38,000 155
25,000 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 25,000 125
25 < Slope ≤ 30 28,700 135
30 < Slope ≤ 35 33,000 145
35 < Slope ≤ 40 37,500 155
40 < Slope 43,750 165
40,000 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 40,000 150
25 < Slope ≤ 30 46,000 165
30 < Slope ≤ 35 52,500 180
35 < Slope ≤ 40 60,000 195
40 < Slope 70,000 210
43,560 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 43,560 150
25 < Slope ≤ 30 50,000 165
30 < Slope ≤ 35 57,000 180
35 < Slope ≤ 40 65,000 195
40 < Slope 75,500 210

75'x100' Building Area Required for Lots

15,000 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 15,000 100
25 < Slope ≤ 30 15,750 100
30 < Slope ≤ 35 17,250 110
35 < Slope ≤ 40 19,500 115
40 < Slope 22,500 120
20,000 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 20,000 100
25 < Slope ≤ 30 20,800 100
30 < Slope ≤ 35 22,400 115
35 < Slope ≤ 40 24,800 125
40 < Slope 28,000 135
25,000 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 25,000 125
25 < Slope ≤ 30 25,750 125
30 < Slope ≤ 35 27,250 135
35 < Slope ≤ 40 29,500 140
40 < Slope 32,500 145
40,000 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 40,000 150
25 < Slope ≤ 30 41,200 150
30 < Slope ≤ 35 43,600 150
35 < Slope ≤ 40 47,200 160
40 < Slope 52,000 170
43,560 square foot minimum lot
Average % of Slope Minimum Lot Area (sq. ft.) Minimum Lot Width (ft)
0 < Slope ≤ 25 43,560 150
25 < Slope ≤ 30 44,800 150
30 < Slope ≤ 35 47,400 160
35 < Slope ≤ 40 51,300 170
40 < Slope 56,500 180


Blue Explanation Point.png The Hillside Development Review Procedures and Standards has been re-formatted from the original for Internet accessibility, and may contain inadvertent errors and/or omissions. It is provided as a public convenience, for informational purposes only. Official Weber County Code Ordinances, in their original format, are available through the Office of the County Clerk/Auditor and at the County Library Branches.

[REV:Ord07/05012012]

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