8.17.09 Review and Approval Procedure

(1) In order to fulfill the purposes of this chapter, Town of Daniel planning staff shall review any proposed subdivision or development which requires preparation of a Geologic Hazard report under this chapter to determine the possible risks to the safety of persons or property from geologic hazards. Appeals are to be entertained by the Town of Daniel Board of Adjustment. (2) The Town of Daniel may request the Utah Geological Survey, and/or other experts to review the report and provide additional recommendations. Any cost the Town of Daniel must pay for such reviews shall be paid by the applicant, prior to any further action. A copy of the Geologic Hazard report shall be filed in the Town of Daniel planning project file and in the Wasatch County planning project file. A copy may also be forwarded to the Utah Geological Survey. (3) The Town of Daniel and retained experts in their review of the Geologic Hazard report, and the planning staff in their consideration of the development, shall determine whether the development complies with the following standards: (a) A suitable Geologic Hazard report has been prepared by a qualified professional as defined in this chapter. (b) The development does not present an unreasonable risk to the safety of persons or property (including buildings, storm drains, public streets, essential facilities, or critical facilities whether off-site or on-site), or to the natural functions of the landscape (e.g. slopes, streams or other waterways, or drainage, whether off-site or on-site) because of the presence of geologic hazards or because of modifications to the site due to the proposed development (including, but not limited to, grading, septic system and irrigation of landscaped areas). (c) At the Town of Daniel planning staff's discretion, based upon advice from the reviewing experts, such area may be approved for development if the applicant submits substantial evidence in the engineering geology report that, using best available practices, the identified hazards can be mitigated to a level where the risk to human life and damage to property, as well as the risk to the natural functions of the site, are reduced to an acceptable and reasonable level in a manner which has a minimum effect on the natural environment. The Town of Daniel may, based upon information received from experts, set other requirements as are necessary to overcome any geologic hazards and to ensure that the purposes of this chapter are met. These requirements may include, but are not limited to: (i) Additional or more detailed evaluation to understand or quantify the hazard or determine whether mitigation measures recommended in the report are adequate; (ii) Specific mitigation requirements; establishment of buildable and/or non-buildable areas; limitations on slope grading; and/or revegetation; (iii) Other requirements such as time schedules for completion of the mitigation, phasing of development, etc.; (iv) The Town of Daniel planning staff may set requirements necessary to reduce the risks from geologic hazards as a condition to the approval of any development that requires a Geologic Hazards report; and (v) Where mitigation requirements or conditions for use are set, issuance of certificate of occupancy will be given only after the engineering geologist, geotechnical engineer, or other party responsible for the requirements or conditions for use has provided a letter stating that they have reviewed the plans prior to development, viewed the site before and after development, and the project was completed in accordance with the conditions set in the Geologic Hazards report. Deviations from the approved conditions during construction must be approved by planning staff and supported by documentation from the preparer of the Geologic Hazards report.