35-5-7 Primary conservation areas

Primary conservation areas form the core of the open space to be protected. The following are considered primary conservation areas and are required to be included within the open space unless the applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this chapter: (1) cemeteries; (2) alluvial soils identified by the Federal Emergency Management Agency (FEMA) and the 100-year flood plain; (3) archaeological sites, cemeteries, and burial grounds; (4) prime agricultural lands of at least five acres of contiguous area; (5) habitats for endangered or threatened species; (6) wetlands identified by the County Soil Survey prepared by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) or a certified wetlands delineation using data from the U. S. Army Corps of Engineers; (7) lakes, both natural and man-made, rivers, streams, existing ponds, stormwater management ponds and facilities, creeks, and state waters; (8) riparian zones along all perennial and intermittent streams equal to any required stream buffers and improvement setbacks; (9) existing slopes greater than 30% on average with a site area greater than 5,000 square feet identified as part of a site analysis conducted by a registered engineer, land surveyor, or landscape architect and calculated using topographic maps; and (10) critical wildlife habitat as identified by the State of Utah Division of Wildlife Resources. (Ord. 2022-32, 11/29/22)