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A. An application for hillside development approval to develop in the HDOZ on slopes of twenty-one percent (21%) or greater or in a high category rockfall area shall be submitted first to the planning commission. Final approval shall be determined by city council (HDOZ permit). Each application shall include the following:

1. Site Development Plans: Site development plans must be prepared by a licensed engineer, or licensed landscape architect, and must include:

a. A grading or earthmoving plan showing:

(1) Topography: Existing and proposed contours and cross sections showing the topography of the existing ground extending at least one hundred feet (100') outside of all boundary lines of the site, or sufficient to show on- and off-site drainage. Property contours shall be shown at two-foot (2') intervals for plateaus and five-foot (5') intervals for steep slopes.

(2) The slope of proposed cuts and fills.

(3) The height of any cut or fill does not exceed ten feet (10') when measured vertically from the finished grade to the intersection of the slope with the natural undisturbed ground.

(4) The combined height of cuts and fills does not exceed twenty feet (20').

(5) A mitigation plan showing proposed retaining, terracing and landscaping or other techniques to stabilize, amend and mitigate the cuts and fills.

b. Detailed plans of all surface and subsurface drainage systems and facilities, walls, cribbing or other erosion protection devices, to be constructed in connection with, or as part of, the proposed project, together with a map showing the drainage area and estimated runoff of the area served by any drainage systems or facilities.

c. Detailed plans of all drainage systems and facilities that store, control, treat, or convey storm water.

d. Detailed plans showing that all surface and subsurface drainage shall be consistent with the city’s MS4 permit and compatible with the city flood control master plan and storm water drainage system. Residential plans must show that each lot conveys its drainage to the street, and that there are no shared systems, facilities, or responsibilities with other lot owners to convey it, unless the proposed drainage is in common area with a property owners’ association to own and maintain it.

e. Streets, Buildings, Easements: The location of any existing and proposed streets, buildings or structures, easements and drainage channels on the property.

f. Elevation Drawings: Detailed site plans and elevation drawings showing location of all structures and how and to what extent hillside cuts will be covered and/or retained by proposed development.

g. Landscape and Vegetation Plan: A landscape plan, prepared by a licensed landscape contractor or a landscape architect, in conjunction with the overall site plan, shall be submitted for approval. The plan shall outline areas being excavated and filled and describe in detail how the developer will restore or replant these areas. The plan shall specify types of retention being used, together with sprinkler plans and water-usage methods suitable to the soils of the project.

h. Terrain Details: Special notes and details of the existing terrain shall be noted on the required topographic information.

i. Proposed Earthmoving Details: The dimensions, elevations and contours of any proposed earthmoving shall be shown.

j. Material Disposal: A description shall be included of the methods to be employed in disposing of soil and other material removed, including the location of the disposal site.

k. Timetable: A schedule shall be included showing when each stage of the project will be completed, including the estimated starting and completion dates.

2. Drainage Control Plan and Report: A drainage control plan and report prepared by a licensed professional civil engineer registered in the state shall be submitted with each application. The design of the drainage control system shall be based upon the following criteria:

a. Separate from Sewer System: All drainage systems shall be separate and independent from the sanitary sewer system.

b. Design: Drainage and flood control shall be designed in conformance with the city flood control master plan where applicable.

c. Natural Drainage Channels: Property development shall not cause a natural drainage channel to be filled in, obstructed or diverted without prior city approval. When modification to a natural drainage channel is proposed within the development, such changes will be addressed in the drainage study and shown on the improvement plans including offers to dedicate rights-of-way or record drainage easements for structures and/or improvements needed to carry storm runoff in the event approval is given for the proposed modifications.

d. Approval Required for Change: The point of location where the natural drainage channel enters and leaves the property may not be changed without approval of the city engineer or designee.

e. Drainage Basin Upstream of Development: All of the drainage basins upstream of the development shall be considered to be fully developed in conformance with the city’s current land use master plan. Effects on the downstream property owners relative to increased flood potential and nuisance water shall also be considered in the design, including acquisition of easements or agreements where necessary, or construction or modification of improvements where needed.

f. Use of Existing Facilities: The developer shall provide the necessary means to assure drainage within the property being developed by making use of existing facilities or natural washes and constructing master planned improvements.

g. General Requirement: Each new development shall manage its storm water runoff and maintain its storm water management system in such a manner that no net increase in storm runoff above the natural state will occur on the downstream properties. In other words, the pre-project flows must not be exceeded by the post-project flows throughout the life span of the project.

h. Street Usage: Streets are significant and important in urban drainage, and full use shall be made of streets for storm runoff up to reasonable limits, recognizing that the primary purpose of streets is for traffic. Reasonable limits of the use of streets for transportation of storm runoff shall be governed by the below listed design criteria:

Street Classification

Maximum Encroachment

Hillside access/hillside local

No curb overtopping. Flow may spread to crown.

Local road

No curb overtopping. Flow spread must leave at least 1 lane free of water.

Minor collector

No curb overtopping. Flow spread must leave 1 lane free of water in each direction (total, 2 lanes free of water).

(1) When the above encroachment is exceeded, an independent storm water system shall be designed and constructed based on a ten (10) year storm.

(2) One Hundred (100) Year Storm: The storm water from a one hundred (100) year frequency storm shall be adequately conveyed either within the limits of the street right-of-way or in storm drain easements without creating flood hazards to buildings or dwellings.

i. Underground Pipe Systems: When an underground pipe system is required, it shall be designed to carry a ten (10) year storm. Major hydraulic structures shall be designed to carry a twenty-five (25) year storm. The minimum storm drain size shall be twelve inches (12").

j. Retention Basins on Hillsides: Unless specifically permitted, retention basins on hillsides are not allowed.

k. Detention Basins: Detention shall be allowed where it is compatible with all required reports. Detention basins shall be used for the purpose of eliminating the effects of the peak runoff of storms and releasing water flow at the pre-project, or approved rate.

l. Cross-Gutter Drains: Cross-gutter drains on streets shall be avoided wherever possible. They are not allowed on major collector, midblock, and higher order streets.

m. Drainage Plan Consistency: Drainage plans must be consistent with all other reports, e.g., geotechnical, soils, landscaping.

n. Groundwater Sources: When springs or other groundwater sources are found on the developer’s property, the construction of an underground pipe system to eliminate the nuisance of this water is required. Minimum pipe size shall be twelve inches (12"). Overland flow will not be allowed for water that is continuously present.

o. Building Construction: All buildings shall comply with the standards set forth in section 10-13C-4 as applicable.

p. Erosion Elimination: Necessary measures shall be taken to prevent erosion and scour at all points throughout the development. It shall be mitigated at all points of discharge and at the face of any cut or fill slope throughout the development.

q. Control During Grading or Construction: During grading or construction on any property (including off-site construction), the developer shall control both water used for construction and storm runoff in such a manner as to not affect any adjoining properties, nor add silt or debris to any existing storm drain, wash, channel or roadway.

3. Drainage Plan: The drainage plan shall meet city drainage plan specifications.

4. Drainage Report (Hydrology Study): The drainage report shall comply with city specifications.

5. Geology and Soils Report: A geology and soils report prepared by a licensed professional engineer trained and experienced in the practice of geotechnical engineering that contains the following information:

a. Slope Stability Analysis: Slope stability analysis; conclusions and recommendations concerning the effects of material removal; introduction of water, both on and off site, including, where applicable, on mesa tops; seismic activity; and erosion on slope stability.

b. Foundation Investigation: Foundation investigation; conclusions and recommendations concerning the effects of soil conditions on foundation and structural stability, including bearing capacity, sheer strength, and shrink/swell potential of soils.

c. Spring Location: The location and yield of springs and seeps.

d. Structural Features: Structural features including any geological limitations.

e. Surface Hazards: Existence of surface hazards including potential for rockfalls and toppling failures to cliffs, slopes and overhangs above the subject property.

f. Effect of Geologic Conditions: Conclusions and recommendations regarding the effect of geologic conditions on the proposed development, together with recommendations identifying the means proposed to minimize any hazard to life or property, or adverse impact on the natural environment.

B. HDOZ Permit Expiration: An HDOZ permit expires eighteen (18) months after approval by city council, or upon expiration of the preliminary plat or site construction drawings, whichever is later. An extension of six (6) months may be granted if the city finds that it is warranted for good cause shown. A request for an extension shall be filed not less than thirty (30) calendar days prior to the expiration date. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-11-011, 11-5-2020)