§ 17.4.607. Utah Lake shoreline protection overlay zone.

A.

Purpose and intent. The Utah Lake Master Plan, adopted by the Utah Lake Commission on June 26, 2009, lists among its high priority goals Land Use Goal 4: "Shoreline, open space, critical lands, and wetland areas are acquired, expanded, and/or protected for public use, preservation of natural resources, and potential mitigation purposes."

Objective L-1.2 under Land Use Goal 4 is the development of a model shoreline protection ordinance to achieve the purposes of acquiring and protecting the shoreline of Utah Lake and its natural resources. The purposes and intent of this ordinance include:

1.

Protecting the shoreline of Utah Lake;

2.

Protecting natural and cultural resources and features adjacent to the lake;

3.

Providing for and protecting public ownership and access to the lake; and

4.

Providing a corridor for a non-motorized trail around Utah Lake.

5.

Preserving and improving the use and water quality of Utah Lake.

This section also creates a buffer between the lake shore and adjacent development for recreational access, safety, invasive species management, and resource protection.

B.

Applicability. The Utah Lake Shoreline Protection Overlay Zone applies to all lands lying at and below the four thousand four hundred ninety-five foot contour (one hundred year flood limit). The overlay zone buffer area extends fifty feet above the settlement boundary (lakeshore).

C.

Relationship to other regulations. The requirements of this overlay zone shall apply in addition to the applicable regulations for each underlying zoning district. In the event that regulations imposed by this section conflict with regulations of an underlying zoning district, the most restrictive regulations shall apply.

All development within the shoreline protection overlay zone shall also comply with all applicable state and federal regulations. Documentation of compliance with applicable state and federal regulations shall be required prior to development approvals.

D.

Permitted uses. The permitted uses are those uses allowed by the underlying zoning districts. All uses within the shoreline protection overlay zone shall also comply with the standards set forth in this section

E.

Definitions.

Cultural and historical resources. Human artifacts and remains older than fifty years that are identified by the state historic preservation office (SHPO) as cultural and historic resources under state law.

Habitat. the place or environment where a plant or animal naturally or normally lives and grows.

Overlay zone buffer. A strip of land at least fifty feet in width between Utah Lake and adjacent development, measured from the settlement boundary line to the edge of a development parcel of property. The buffer area may not be included within any development parcel.

Riparian area. An area adjacent to surface water bodies such as streams and lakes that is characterized by periodic inundation and hydrophilic (water-loving) vegetative types.

Settlement boundary. The Utah Division of Forestry, Fire, and State Lands boundary between sovereign lands and adjoining property. Also referred to as the "lakeshore" in this section.

Wetland. Land that has been determined by the Army Corps of Engineers to be regulated or jurisdictional wetlands under the federal Clean Water Act.

F.

Site features mapping.

1.

Site features map required. Concurrent with the submission of any development application, the applicant shall prepare and submit a site features map. The purpose of the site features map is to identify and locate site features to facilitate creation of a site development design that mitigates impacts to the natural and cultural features of the development area, and reduces risks associated with flooding, high groundwater, unstable soils, wave, and lake ice action. The site features map shall identify and locate the following features in and immediately adjacent to the development area:

a.

Property boundaries;

b.

Settlement boundary (lakeshore);

c.

Streams, rivers, lakes, tributaries, wetlands, and other hydrologic features;

d.

Riparian areas;

e.

Known habitat of endangered, threatened, or state sensitive species;

f.

Topographic contours at five feet or closer intervals;

g.

Limits of all floodplains;

h.

Water supply protection areas;

i.

General vegetation characteristics, including significant stands of trees;

j.

General soil types;

k.

Existing and planned public and recreational access and uses;

l.

Cultural and historical resources;

m.

Existing roads and structures; and

n.

Potential connections with existing trails and public open space areas.

2.

Lake buffer. Within the shoreline protection overlay zone, all development that abuts on the sovereign lands of Utah Lake must provide a buffer, a minimum of fifty feet in width, between the settlement boundary and the property lines of the nearest development parcels. No permanent structures are allowed in the buffer area except recreational, flood control, and lake-related facilities. Ownership and management of the buffer area shall be determined on a case-by-case basis, but all required buffer areas shall be open for public access.

G.

Concept plan.

1.

Concept plan of proposed development.

a.

Applicants shall submit a concept plan for the development of the subject parcel that reflects the characteristics of the site as detailed in the site features map. The concept plan shall be prepared at the same scale as the site features map.

b.

A concept plan may be a draft plan, which does not include engineering details, but shall be drawn to scale and indicate the following:

1.

Proposed locations of any new roadways;

2.

Proposed building envelopes;

3.

Existing and proposed features and amenities, including common areas, trails, etc.; and

4.

Boundaries of the areas identified on the site features map, showing the extent to which development is proposed to encroach into mapped site feature areas.

c.

Development on the subject parcel shall be configured so as to avoid undue impacts to site features identified in the site features map, including riparian areas, known habitat of threatened, endangered, and sensitive species, wetlands, public access locations, existing or planned trails and trail corridors, significant stands of trees or significant individual trees, cultural and historic resources, high groundwater areas, secondary stream/slough corridors, and water supply protection areas.

2.

Development design approach.

a.

Applicants shall demonstrate that their concept plan is consistent with the following approach and principles for designing a development project in sensitive areas:

1.

Identify site features. Identify those areas of the development parcel containing or supporting important natural resources, features, and functions as described in subsection F. above.

2.

Locate building envelopes. To the maximum extent feasible, building envelopes shall be located to protect important site features. The location of building envelopes shall also reflect the design objectives identified herein.

3.

Align trails. Proposed trails shall be identified where access to designated public trails and open space is appropriate.

4.

Identify lot lines. Lot lines for building parcels shall be identified. The placement of the lot lines shall give consideration to the important site features, and shall conform to the natural features of the landscape to the greatest extent possible, e.g., lines of boundary trees, streams, habitat areas, etc.

3.

Site plan standards.

a.

All development shall, whenever possible, preserve important site features in their natural condition. The planning commission and/or city council may request an advisory opinion from the Utah Lake Commission to assist in determining the value of the natural features on a site, the boundaries of those natural systems, and the relative importance of preserving the integrity and function of the natural resources present on the site.

b.

To the extent practical, the boundaries of site features should be contiguous within the parcel and adjacent to existing undeveloped land on adjoining parcels to form a continuous, integrated natural system. Particular attention shall be paid to maintaining and expanding existing or planned natural resource areas and trail networks.

c.

Access points to designated public trails and open areas shall be clearly identified on plans and posted with permanent signage approved by the planning commission and/or city council.

d.

Site features should be treated as fixed determinants of road and lot configuration rather than malleable elements that can be changed to allow for a preferred development scheme.

e.

Significant trees, boundary trees, wetlands, streams, and other important site features should be incorporated along the edges of individual lots or along a path or roadway, rather than transected by lot lines or a roadway.

f.

The planning commission and/or city council may require a setback from the edge of the designated natural features depending on the type of natural resource and its characteristics.

g.

The planning commission and/or city council shall determine if fencing is necessary to protect the functions and values of the site features.

4.

Phasing plan.

a.

When a development will not utilize the entire parcel and there is potential for future development of the parcel, the application for preliminary review shall include a phasing plan showing the potential future utilization and interim management plans for the balance of the parcel not being developed.

b.

The phasing plan is a sketch plan with no engineering details, intended to be conceptual in nature, and to demonstrate that the current development proposal will not compromise important conservation values or the long term development of the parcel.

c.

This plan shall show the relationship of the proposed development area to the balance of the parcel and to adjacent land. This plan shall analyze the conservation and development potential of the remaining area of the parcel and shall show, in general terms, the potential street network, open space areas, and development areas in a manner that demonstrates that both the proposed development and the future development can occur so that it conforms to the requirements herein and preserves the significant natural resource values of the entire parcel.

H.

Design standards. The following design standards are intended to improve the character and aesthetic qualities of developments in the shoreline protection overlay zone, and to minimize impacts on important natural and other site features. Variations from these standards may be granted by the planning commission and/or city council provided that the overall intent of this section is achieved by the alternative design.

1.

Building sites.

a.

The location and orientation of building sites shall be designed to maintain the natural topography and drainage patterns, to preserve important natural features in their natural condition, to minimize disturbance of natural vegetated cover, and to minimize grading, cut-and-fill, and soil removal to minimize negative impacts on the natural resources of the site as identified by the site features map and/or site inventory.

b.

All building construction must comply with the floodplain regulations of American Fork City.

c.

A building envelope shall be identified for each site, where appropriate. Future construction shall be limited to the identified building envelopes. Building envelopes should be set back as far as possible from significant site features, consistent with other design parameters of this section, to augment and protect the integrity of natural site features.

d.

Buildings should be grouped into clusters, which should be located to minimize negative impacts on the natural resources of the site and conflicts between incompatible uses.

e.

Building envelopes shall, to the extent possible, conform to the natural contours of the site and be delineated to minimize negative impacts on the natural resources of the site, as identified by the site features map and/or site inventory.

f.

If agricultural uses are being maintained, buildings shall be configured in a manner that maximizes the usable area remaining for such agricultural uses.

2.

Disturbance/alterations.

a.

Alterations to identified significant natural site features shall only be permitted to address public safety issues as determined by the city.

b.

No topsoil or vegetation shall be removed from designated open spaces unless needed to address a public safety issue as determined by the city.

c.

Stream and wetland crossings shall be eliminated whenever possible.

d.

All ground cover areas disturbed in the construction process shall be revegetated with appropriate native species.

3.

Lighting.

a.

Exterior lighting shall be directed downward and fitted with an opaque shield. Light levels shall not exceed one-foot candle at the property line.

I.

Ownership of open lands. The ownership and responsibility for maintenance of the required buffer area and other areas left undeveloped to protect natural resources and avoid hazards should be decided on a case-by-case basis. In general, areas planned to be open for use by the general public should be in public ownership, but other arrangements may be appropriate. Options for ownership and maintenance include:

1.

Public ownership. American Fork City may, but is not be required to, accept any portion or portions of a buffer or open land, provided that:

a.

The land shall be freely accessible to the public;

b.

The city agrees to and has access to maintain such lands;

c.

The land is in an acceptable condition to the city at the time of transfer with regard to size, shape, location, and improvement; and

d.

The developer or property owner provides funding for at least one year of maintenance as identified in the maintenance plan.

2.

Undivided ownership. Unless otherwise approved by the city, the underlying fee ownership of the land may remain in single ownership and may be owned and maintained by one of the following entities: land trust, conservation organization, governmental entity, or private individual.

3.

Owners' association. Land may be held in common ownership by an owners' association, subject to all of the provisions for owners' associations set forth in state regulations and the city's subdivision regulations. In addition, the following requirements shall be met:

a.

A description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for natural resource land, shall be submitted by the developer with the final plat/site plan application.

b.

The association shall be responsible for maintenance and insurance of the natural resource land.

c.

Written notice of any proposed transfer of natural resource land by the association or the assumption of maintenance for the natural resource land must be given to all members of the association and to the city no less than thirty days prior to such event.

d.

The association shall have adequate staff to administer, maintain, and operate such natural resource land.

e.

At the discretion of the planning commission and/or city council, an applicant may be required to prepare a brochure detailing the location and use restrictions of the designated open space, and provided to all purchasers of property within the subdivision.

J.

Maintenance of open lands. In general, the responsibility for maintenance of required buffer areas and lands left open to protect natural resources and avoid hazards should lie with the owner(s) of the land. The following provisions should be addressed in a maintenance plan agreement that accompanies the final development approval that results in the creation of open lands:

1.

Area boundaries. Area boundaries of the designated open lands shall be clearly identified:

a.

Boundaries shall be clearly delineated on plans including plats.

b.

Boundaries shall be clearly marked and identified as "No Disturbance" areas, except in areas identified for permitted uses, prior to commencing construction activities, including tree cutting, site clearing and grading; temporary markings are acceptable.

c.

Boundaries shall be clearly and permanently marked in the field with signage approved by the planning commission and/or city council to identify the area as protected open land.

2.

Costs. Unless otherwise agreed to by the city, the cost, and responsibility of maintaining open land shall be borne by the owner of the underlying fee of the land.

3.

Plan. The developer shall submit a maintenance plan providing for and addressing the means for permanent maintenance of the open land with the final application for the development approval. The maintenance plan shall provide the following:

a.

The plan shall identify land ownership.

b.

The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of resources present on the land.

c.

The plan shall estimate staffing needs, insurance requirements, and associated costs; and define the means for funding the maintenance of the land, and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.

d.

At the city's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.

4.

Approval. The maintenance plan must be approved by the city concurrent with final development approval. The maintenance plan shall be recorded against the property and shall include provisions for the city's corrective action rights, as set forth herein. Any changes or amendments to the maintenance plan shall be approved by the city.

5.

Failure to maintain. In the event that the organization established to maintain the open land, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the city may assume responsibility, as a right but not an obligation, for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.

6.

Corrective action. The city may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner and may include administrative costs and penalties. Such costs shall become a lien on the land. Notice of such lien shall be filed by the city in the county recorder's office. The maintenance plan and all other documents creating or establishing any association or conservation organization for the property shall reference the city's corrective action authority set forth herein and shall be recorded against the land.

K.

Shoreline trail.

1.

Trail corridor.

a.

The Utah Lake Master Plan identifies development and maintenance of the Utah Lake Trail as a high priority goal. The trail would provide a non-motorized route that circumnavigates Utah Lake, and provides access to lakeshore recreation facilities as well as connectivity among the communities that abut the lake.

b.

American Fork City has identified the Utah Lake Trail as a component of its trails master plan, and has identified a preferred alignment for the trail on its trails map. The preferred location of the trail is as close to the lakeshore as possible, however the exact location of the Utah Lake trail through the city is flexible, and its ultimate location will depend on such factors as topography, natural features, the location of recreational and educational features, and land ownership.

2.

Trail construction and dedication.

a.

The location of the Utah Lake Trail and responsibility for the construction of the trail will be determined as a part of the review process as applications for development are submitted to the city. In the alternative, the city may independently decide to acquire land for construction and maintenance of the Utah Lake Trail in advance of receiving development applications.

b.

Whether constructed by a developer or by the city, the Utah Lake Trail shall be in the ownership of American Fork City as a public facility. Maintenance of the Utah Lake Trail shall be performed by the city or pursuant to a contract or development agreement.

c.

As development occurs in the vicinity of existing trail segments, the trail should be brought up to current standards.

3.

Trail standards.

a.

American Fork City adopts the current trail design standards developed by the Mountainland Association of Governments (MAG) for the Utah Lake Shoreline Trail for use in the city.

(Ord. No. 2011-04-10, 4-12-2011)

Editor's note— Prior to the reenactment of § 17.4.607 by Ord. No. 2011-04-10, said section was repealed in its entirety by Ord. No. 2011-03-04, § 3, adopted March 8, 2011. The former § 17.4.607 pertained to the FPO flood plain overlay zone.

American Fork Station Area Form-Based Code

This code was developed using the Template Form-Based Code for Centers & Corridors along the Wasatch Front