9.1 Application and Analysis Requirements

Lands in or partially in the Sensitive Lands Overlay Zone(s) as depicted in the Zoning District Map, as well as other areas outside of the overlay zone as determined by the Planning Commission and City Council 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 9.1.1 and 9.1.2 listed below and as designated by the Planning Commission. Because of high water table the Airport soil type has been determined to be sensitive for dwelling construction and the Airport, Honeyville and Fielding soil types have been determined to be sensitive for septic tank use. Therefore, as shown on the Zoning Map in Appendix B. The developer in these soil types is subject to applicable elements of 9.1.1 and 9.1.2 as designated by the Planning Commission. . The study shall follow all standards that shall apply in this chapter and provide enough information to the City 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 8D.1.5 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. (Amendment #1, Ordinance No. 2006-07-04) 9.1.1 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: 9.1.1.1 Slope/Topographic map A slope/topographic map which shall be prepared and based on a certified boundary survey and depict contours at an interval of five (5) feet 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 (15) percent but less than or equal to thirty (30) percent; (b) greater than thirty (30) percent but less than or equal to forty (40) percent; (c) over forty (40) percent. Steep slopes shall be defined as all areas within a parcel with a slope of greater than fifteen (15) percent. Very steep slopes shall be defined as all areas within a parcel with a slope of greater than thirty (30) percent. 9.1.1.2 Soil Investigation Report Page 9-3 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. 9.1.1.3 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 flood plains. 9.1.1.4 Vegetative cover Vegetative cover shall be denoted generally by type and density of vegetation, including: 1) deciduous trees, 2) coniferous trees, and 3) sage, grassland, and 4) 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. 9.1.1.5 Fire Protection Report Fire protection report, including but not limited to identification of potential fire hazards, mitigation measures, access for fire protection equipment, existing and proposed fire flow capability. This report must be made with the direction/cooperation and approval of the Box Elder County Fire District. 9.1.1.6 Wetlands Wetlands as established by using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January 10, 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. 9.1.1.7 Stream Corridors Stream corridors as defined by their ordinary high-water mark. 9.1.1.8 Wildlife Habitats Delineate all critical or sensitive wildlife areas and habitats as defined by the State or other studies and designate which wildlife specie inhabit the area and may be affected by the different types of land uses proposed in the area. 9.1.2 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: 9.1.2.1 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, Bear River City Land Management and Development Page 9-4 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. 9.1.2.2 Geotechnical Report Geotechnical 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 snow avalanche paths. 9.1.2.3 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 (2) feet. 9.1.2.4 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 9.2.3. 9.1.2.5 Agricultural Analysis An Agricultural Analysis as per section 3.28 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-ofway and fire concerns to name a few. 9.1.3 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 not necessary for a full and adequate analysis of the development or is sufficient at a reduced level of detail. 9.1.4 Sensitive areas Determination. The Town Planning Commission or Staff shall delineate all sensitive lands or areas on the parcel, including steep slope areas, wetlands areas, 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, and setbacks, 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 must be made by the Town. 9.1.5 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 or wetlands areas which may not have been previously included as a part of this ordinance or of the accompanying maps. Page 9-5