18.28.040: LAND DEVELOPMENT REQUIREMENTS (BUILDING SITES):
A. General Application: No person or party shall cause any excavation or grading to be done in excess of the limits set forth below without first having obtained a site development permit.
1. Work Requiring Separate Approval/Permit: A site development permit shall be required in all cases where development comes under any one or more of the following provisions:
a. Excavation, fill, or any combination thereof exceeding 1,000 cubic yards;
b. Excavation, fill, or any combination thereof exceeding 5 feet in vertical depth at its deepest point measured from the adjacent, undisturbed, ground surface;
c. Excavation, fill, or any combination thereof exceeding an area of a ½ acre;
d. Excavation, fill, or any combination thereof of 10% or more of a building site including the excavation for foundations and footings;
e. Removal of vegetation from an area in excess of a 1/2 acre for purposes other than agricultural;
f. Engineered interior fills or surcharges.
g. Commercial quarries or mining activities operating in permitted zoning districts as provided in Title 21A.
2. Work Not Requiring Separate Approval/Permit: A separate site development permit shall not be required in the following cases:
a. Excavation below finished grade for basements and footings of buildings or other structures authorized by a valid building permit. This shall not exempt any fill made with material from such excavation, or exempt any excavation having an unsupported height greater than 5 feet after the completion of such structure.
b. Removal of vegetation as part of work authorized by a valid building permit.
B. Permits Required: Except as exempted in Subsection A of this section, a separate approval or permit shall be required for each site, and may cover both excavation and fill.
1. Application: To obtain a permit the applicant shall first file an application therefor in writing on a form furnished by the building department for that purpose. Every such application shall:
a. Identify and describe the work to be covered by the permit for which application is made;
b. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed work and identify lots of any platted subdivision included within the proposed building site;
c. Indicate the use or occupancy for which the proposed work is intended;
d. Be accompanied by plans, diagrams, computations, and specifications and other data as required;
e. Be signed by property owner or permittee, or his authorized agent, who may be required to submit evidence to indicate such authority;
f. Show the location of existing and proposed buildings or structures on the applicant's property, and the location of buildings or structures on adjacent properties which are within 15 feet of the applicant's property, or which may be affected by the proposed site development activities;
g. Show the location of property lines and all existing and proposed streets, roadways, driveways, easements, and rights of way on, contiguous, or adjacent to the proposed development site;
h. Show the present contours of the site in dashed lines and the proposed contours in solid lines. Contour intervals shall be not greater than 2 feet where slopes are predominately 5% or less, and 5 feet where slopes are predominately steeper than 5%. The source of all topographical information shall be indicated;
i. Show the location of all drainage to, from, and across the site, the location of intermittent and permanent streams, springs, culverts, and other drainage structures, and size and location of any precipitation catchment areas in, above, or within 100 feet of the site;
j. Include detailed plans and location of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs, and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing drainage areas, and the complete drainage network including outfall lines and natural drainageways which may be affected by the proposed project. Include the estimated runoff of the areas served by the proposed drainage system;
k. Present a plan showing temporary erosion control measures to prevent erosion during the course of construction;
l. All grading in excess of 5,000 cubic yards shall require professional engineering and shall be designated as "engineered grading". Any application including engineered grading shall contain a grading plan prepared by a registered professional engineer or licensed architect;
m. Include a revegetation plan including:
(1) A survey of existing trees, shrubs, and ground covers;
(2) A plan for the proposed revegetation of the site detailing existing vegetation to be preserved, new vegetation to be planned and any modification to existing vegetation; and
(3) A plan for the preservation of existing vegetation during construction activity;
n. Make a statement of the estimated starting and completion dates for the grading work proposed and any revegetation work that may be required;
o. Identify the type of surcharging fill material to be used on the building site;
p. Estimate the amount of time surcharging fill material will be in place, and show consideration by a soils engineer of the potential for vertical and lateral soil movements on properties adjacent to the surcharge;
q. Submit a copy of the recorded subdivision plat showing developable area limitations, if applicable;
r. Describe the method to be employed in disposing of soil and other material that is removed from the site, including the location of the disposal site;
s. Describe the method to be used in obtaining fill to be used on the site and the site of acquisition of such fill;
t. Include an engineering geology report described in Section 18.28.040.C.2 if the proposed development lies within 500 feet of an identified fault. Said report may be submitted for review to the Utah geological survey by the building official.
u. Applications related to commercial quarriers shall contain an acceptable plan for the eventual rehabilitation and use of the quarry site after the resources have been removed. Such a plan, at a scale of not less than one inch equals 100 feet with contour intervals not greater than 5 feet, shall be compatible with its surroundings and in general agreement with the city's master plan. The plan shall show the proposed treatment of any stream channel adjacent to the resource deposits during extraction operations. Limits of excavation shall be determined to protect any natural or improved channel and any nearby wooded areas considered vital to the function of the rehabilitated area. Included the estimated time period during which quarrying and land rehabilitation operations will be conducted.
v. Such other information as may be required by the building official or city engineer such as slope classification map and analysis, profiles or cross sections, additional drainage calculations, soils data including a report from a registered soils engineer or other qualified person.
C. Soil Engineering Report or Engineering Geology Required:
1. Soil Engineering Report: The soil engineering report required shall include data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures when necessary, and opinions and recommendations addressing the adequacy of the site under the proposed grading plan to support the proposed development.
2. Engineering Geology Report: The engineering geology report required shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations addressing the adequacy of the site under the proposed grading plan to support the proposed development. This requirement may be waived by written recommendation of the building official if it is deemed unwarranted.
D. Issuance: The application, plans, specifications, and other data submitted by an applicant for permit shall be reviewed by the building official. Such plans may be reviewed by other departments or agencies to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of this title and other pertinent laws and ordinances, and that the fees specified have been paid, he shall issue a permit therefor to the property owner or his authorized agent. When the building official issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications "APPROVED". Such approved plans and specifications shall not be changed, modified, or altered without authorization from the building official, and all work shall be done in accordance with the approved plans. The building official may require that the site development activities and project designs or specifications be modified if delays occur which may create weather generated problems not considered at the time the permit was issued.
E. Fees: City fees associated with reviewing and processing site development permits shall be those listed on the Salt Lake City consolidated fee schedule.
F. Grading and Erosion Control Standards and Regulations: All site development work shall be accomplished in conformance to the following grading and erosion control design standards and regulations:
1. Hours of Operation: All grading operations within 660 feet of residential land uses shall be carried on between the hours of 7:00 A.M. and 5:30 P.M. The building official may waive this requirement if it is shown that by restricting the hours of operation it would unduly interfere with the development of the property and it is shown that the neighboring properties would not be adversely affected.
2. Dust and Dirt Control: All graded surfaces of any nature shall be dampened or suitably contained to prevent dust or spillage on city streets or adjacent properties. Equipment, materials, and roadways on the site shall be used or treated so as to cause the least possible annoyance due to dirt, mud, or dust conditions.
3. Undevelopable Slopes: Any (1) slope identified on a subdivision plat as undevelopable, (2) slope that has been altered without permits or prior approval to 30% or greater, or (3) natural slopes of 30% or greater (as measured pursuant to a "ten-foot averaging" method as defined in Section 20.50.020), shall be designated undevelopable area. In no event shall streets traverse such slopes.
4. Finished Cuts and Slopes: Limitations shall be applied to the extent of cut and fill slopes to minimize the amount of excavated surface or ground area exposed to potential erosion and settlement.
a. The exposed or finished cuts or slopes of any fill or excavation shall be smoothly graded.
b. All cut and fill slopes shall be recontoured and revegetated by the permittee in accordance with an approved plan.
c. Cut or fill slopes shall normally be limited to 15 feet in vertical height. However, upon review and favorable recommendation of the city engineer and public utilities director the building official may approve cut and fill slopes exceeding 15 feet provided that such variations be allowed on a limited basis after thorough review of each request and only when balanced by offsetting improvements to the overall aesthetic, environmental, and engineering quality of the development.
d. No excavation creating a cut face and no fill creating an exposed surface shall have a slope ratio exceeding one and one- half horizontal to one vertical (1-1/2:1).
e. Exceptions:
(1) No slopes shall cut steeper than the bedding plane, fracture, fault, or joint in any formation where the cut slope will lie on the dip of the strike line of the bedding plane, fracture, fault, or joint.
(2) No slopes shall be cut in an existing landslide, mudflow, or other form of naturally unstable slope except as recommended by a qualified geological engineer.
(3) Where the formation is exposed above the top of the cut which will permit the entry of water along bedding planes, this area shall be sealed with a compacted soil blanket having a minimum thickness of 2 feet. The soil for this blanket shall be relatively impervious and shall be approved by the soils engineer or engineering geologist.
f. If the material of a slope is of such composition and character as to be unstable under the anticipated maximum moisture content, the slope angle shall be reduced to a stable value or retained by a method approved by the city engineer and certified as to its stability by a soils engineer or geologist. Said retaining method shall include design provisions which are:
(1) Conducive to revegetation for soil stability and visual impact;
(2) Used for selected areas of the site and not as a general application; and
(3) Limited to tiers each of which is no higher than 6 feet, separated by plantable terraces a minimum of 2 feet in width;
g. Any retaining system shall remain and be maintained on the lots until plans for construction are approved and a building permit is issued. The plans shall include provisions to integrate driveway access to the lot while maintaining the structural integrity of the retaining system.
h. The building official may require the slope of a cut or fill to be made more level if at any time it is found that the material being, or the fill, is unusually subject to erosion, static or dynamic instability, or if other conditions make such requirements necessary for stability.
i. Driveways leaving public rights of way shall not exceed a maximum change in grade angle of 6% transition over an 11 foot run. The slope should be transitioned beyond property line no more than an average 16% grade. Parking structures may allow a maximum change in grade angle of 10% with a minimum 10 foot run. Maximum sight distance should be encouraged with blind entrances or other sight obstructions complying with the Sight Distance Triangle Requirements as defined and illustrated in Chapter 21A.62.
5. Abatement of Hazardous Conditions:
a. If, at any stage of grading, the building official or city engineer determines by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to imperil any property, public way, watercourse, or drainage structure, the building official or city engineer shall require, as condition to allowing the work to proceed, that reasonable safety precautions be taken as are considered advisable to avoid likelihood of such peril. Such precautions may include, but shall not be limited to, any of the following:
(1) Specification of a more level exposed slope;
(2) Construction of additional drainage facilities, berms, or terraces;
(3) Compaction or cribbing;
(4) Installation of plants for erosion control; and/or
(5) Reports from a registered soils engineer and/or engineering geologist whose recommendations may be made requirements for further work.
Such requirements by the building official or city engineer shall constitute a required change order in the work to be performed under permit. Said changes may be required to be reflected in amended plans.
b. Where it appears that damage from storm drainage may result from work performed hereunder, such work may be stopped and the permittee required to take such measures as may be necessary to protect adjoining property or the public safety. On large operations, or where unusual site conditions exist, the building official or city engineer may specify the time at which grading may proceed and the time of completion or may require that the operation be conducted in specific stages so as to ensure completion of protective measures or devices prior to the advent of seasonal rains.
6. Fill Material and Compaction:
a. Fill Material: All fill shall be earth, rock, or inert material free from organic material and free of metal, except that topsoil spread on cut and fill surfaces may incorporate humus for desirable moisture retention properties. Fill not meeting the definition above shall be placed only in an approved public or private landfill or other approved deposit site.
b. Backfillings: Any pipe trench or trenching, or excavation made in any slope of any excavated or filled site, shall be backfilled and compacted to the level of the surrounding grade.
c. Compaction of Fills: Unless otherwise directed by the building official, all fills governed by this title, intended to support building, structures, or where otherwise required to be compacted for stability, shall be compacted, inspected, and tested in accordance with the following provisions:
(1) The natural ground surface shall be prepared by removal of topsoil and vegetation, and, if necessary, shall be graded to a series of terraces. If fill material unacceptable under subsection F6a of this section is placed on the site, or the fill is not placed according to procedures of this title, then it must be removed.
(2) The fill shall be spread and compacted in accordance with the city engineer's approved standards.
(3) The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required maximum density.
(4) A written report of the completed compaction, showing location and depth of test holes, materials used, moisture conditions, recommended soil bearing pressures, and relative density obtained from all tests, prepared by a civil engineer or soils engineer licensed by the state of Utah, or testing laboratory shall be submitted to the building official, who shall rely on the expertise of the city engineer for review.
(5) The building official or city engineer may require additional tests or information if, in his opinion, the conditions or materials are such that additional information is necessary, and may modify or delete any of the above listed requirements that, in his opinion, are unnecessary to further the purpose of this title.
7. Surcharging: Surcharges shall consist of earth material and shall be applied in such a manner as to have no effect on soil stability on adjacent or neighboring properties.
G. Erosion Control and Revegetation: All cut and fill surfaces created by grading shall be planted with a ground cover that is a drought resistant variety. Topsoils are to be stockpiled during rough grading and used on cut and fill slopes. Cuts and fills along public roads are required to be landscaped according to a revegetation plan approved by the city. All plant selections must be approved by the parks department and building official prior to approval.
H. Drainage:
1. Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or any portion of a fill. All drainage ways and structures shall carry surface waters, without producing erosion, to the nearest practical street, storm drain, or natural watercourse as approved by the city engineer. The city engineer may also require drainage structures to be constructed, or installed as necessary to prevent erosion damage or to prevent saturation of the fill or material behind cut slopes.
2. An excess stormwater passage shall be provided for all stormwater storage areas. Such passage shall have capacity to convey through the proposed development the excess stormwater from the tributary watershed. The capacity of such excess stormwater passages shall be constructed in such a manner as to transport the peak rate of runoff from a 100-year return frequency storm assuming all storm sewers are inoperative, all upstream areas are fully developed in accordance with the city's current land use plan, and that antecedent rainfall has saturated the tributary watershed.
3. No buildings or structures shall be constructed within such passage, however, streets, parking lots, playgrounds, park areas, pedestrian walkways, utility easements, and other open space uses shall be considered compatible uses. In the event such passageway is reshaped or its capacity to transport excess stormwater is otherwise restricted during or after construction, the building official or city engineer shall notify the agency, party, or parties causing said restriction to remove the same and set a reasonable time for its removal. If said parties refuse to, or are unable to, comply with said order, the building official or city engineer shall cause said restrictions to be removed at the expense of said parties. Where a proposed development contains existing natural drainage, appropriate planning measures shall be undertaken or required to preserve and maintain said natural drainage as part of the excess stormwater passage.
4. Notwithstanding any other provisions of this title, whenever, in the judgment of the building official or city engineer, a condition occurs in a stormwater storage area or passageway that creates a dangerous and imminent health and safety hazard, the building official or city engineer shall order such action as shall be effective immediately or in the time manner prescribed in the order itself.
I. Setbacks: The setback and other restrictions specified in this section are minimum and may be increased by the building official or by the recommendation of a civil engineer, soils engineer, or engineering geologist, if necessary for safety and stability, to prevent damage of adjacent properties from deposition or erosion, or to provide access for slope maintenance and drainage. Setbacks deal with distance from property lines, structures, or faults, and must satisfy the requirements of subsections I1 through I3 of this section. Retaining walls may be used to reduce the required setbacks when approved by the building official.
1. Setbacks from Property Lines: The toes and tops of cut and fill slopes where no structures are located shall be set back from the outer boundaries of a "permit area" (PA = lot area excluding any undevelopable areas) including yard setbacks, slope-right areas, and easements, in accordance with the table and figure 2 of this section.
SETBACKS FROM PERMIT AREA BOUNDARY
a = Setback distance at toe
b = Setback at top
H = Height from toe to top of cut/fill slope
H | a | b1
Less than 5' | 0 | 1'
5' to 30' | H/2 | H/5
Over 30' | 15' | 6'
Note:
1. Additional width may be required for interceptor drain.
FIGURE 2
[image omitted; see the official code]
2. Setback from Structures: Setback from cut or fill slopes and structures shall be provided in accordance with figure 3 of this section.
FIGURE 3
[image omitted; see the official code]
3. Setbacks from Faults: No structure shall be located over a fault. Determinations of the appropriate setback distance from the fault shall be made based on recommendations contained in the geological report required by subsection C of this section.
J. Site Development Inspections:
1. Special Inspections: All site development activities for which a permit or approval is required shall be subject to inspection by the building official. Special inspections of grading operations and special testing shall be performed to ensure conformity with approved plans and specifications. The following special inspections and testing are required:
a. Fills:
(1) The site is to be inspected prior to placement of fill material.
(2) The fill material is to be inspected prior to placement on the site.
(3) Final compaction of fill is to be tested.
(4) The final grade is to be inspected.
(5) Revegetation will be inspected during planting, upon planting completion, and again prior to bond release where applicable.
b. Cuts:
(1) The site is to be inspected prior to cutting or removing material.
(2) The grade is to be inspected after cutting.
(3) Revegetation will be inspected during planting, upon planting completion, and again prior to bond release where applicable.
2. Inspection Schedule and Enforcement: At the time the site development permit or approval is issued, the building official shall establish the stage of development at which required inspections shall be made. In order to obtain inspections, the permittee shall notify the city of readiness at least 24 hours before said inspection is to be made. Where it is found by inspection that conditions are not substantially as stated or shown on the approved plans, the building official or his inspectors may stop further work until approval is obtained for amended plans.
K. Completion of Work:
1. Final Reports: Upon completion of the rough grading work and again at the final completion of the work, reports, drawings, and supplements thereto will be required as follows:
a. An "as graded" grading plan, prepared by a civil engineer, including original ground surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities. The engineer shall verify that the work was done in accordance with the final approved site development plan.
b. A soil grading report, prepared by a soils engineer, including location and elevations of field density tests, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report. The soils engineer shall verify the adequacy of the site for the intended use.
c. A geologic grading report, prepared by an engineering geologist, including a final description of the geology of the site including any new information disclosed during the grading and the effect of the same on recommendations incorporated in the approved site development plan. The engineering geologist shall verify the adequacy of the site for the intended use as affected by geologic factors. This requirement may be modified or waived in writing by the building official if circumstances warrant.
2. Notification of Completion: The permittee, or his authorized agent, shall notify the building official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices and all erosion control measures including revegetation, have been completed in accordance with the final approved site development plan and the required reports have been submitted. (Ord. 91-24, 2024: Ord. 7-14, 2014)
