Mountainous Planning District Planning Commission - Utah.gov
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Planning and Development Services
2001 S. State Street N3-600 • Salt Lake City, UT 84190-4050
Phone: (385) 468-6700 • Fax: (385) 468-6674
https://msd.utah.gov/msd-home/pds/
Mountainous Planning District Planning Commission
Public Meeting Agenda
Thursday, May 6, 2021 4:00 P.M.
Location: Due to the current COVID-19 pandemic, the Public Hearing will occur
electronically with no physical location, as authorized by Utah Code Ann. § 52-4-207(4) and
written determinations issued by the Chair of the Mountainous Planning District Planning
Commission. The public can join the Public Meeting via live broadcast using Cisco Webex.
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Meeting number (access code): 961 841 420
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UPON REQUEST, WITH 5 WORKING DAYS NOTICE, REASONABLE ACCOMMODATIONS FOR QUALIFIED
INDIVIDUALS MAY BE PROVIDED. PLEASE CONTACT WENDY GURR AT 385-468-6707.
TTY USERS SHOULD CALL 711.
The Planning Commission Public Meeting is a public forum where, depending on the agenda item,
the Planning Commission may receive comment and recommendations from applicants, the public,
applicable agencies and County staff regarding land use applications and other items on the
Commission’s agenda. In addition, it is where the Planning Commission takes action on these
items, which may include: approval, approval with conditions, denial, continuance or
recommendation to other bodies as applicable.
BUSINESS MEETING
1) Approval of the March 4, 2021 Planning Commission Meeting Minutes. (Motion/Voting)
2) Other Business Items (as needed)
May 6, 2021 Page 1 of 2 AGENDA – MOUNTAINOUS PLANNINGPUBLIC HEARING(S)
Modification of Chapters 17.04, 17.08, and 17.20 of the Salt Lake County Code regarding the
establishment of procedures and standards for conducting hydrological studies of drainage basins
and drainage areas in Salt Lake County for the purpose of determining scientifically based
regulations regarding the discharge of excess stormwater runoff from developed properties into
County Flood Control facilities, including maximum release rates and exceptions thereto; and
making other related changes. Presenter: Zach Shaw (Motion/Voting)
An ordinance amending the following sections of the Salt Lake County Code of Ordinances, 2001:
19.12.020 (permitted uses in the FR zone), 19.12.030(g) (conditional uses in the FR zone), and
19.54.020 (permitted uses in the FA zone) to have uniform regulations in the FR and FA zones
with regards to animal uses and their associated impacts on adjoining properties, the environment,
and the well-being of animals; and making other related changes. Presenter: Zach Shaw
(Motion/Voting)
The Planning Commissions will act on the proposed ordinance amendments after taking comments
from the public during their respective public hearings. Public comments will be provided pursuant
to the planning commissions’ rules of conduct. Public comments will be limited to three minutes
per person. The public is also invited to review and inspect the proposed ordinances at
https://www.utah.gov/pmn/index.html under the respective Planning Commissions’ agendas.
ADJOURN
May 6, 2021 Page 2 of 2 AGENDA – MOUNTAINOUS PLANNINGRules of Conduct for the Planning Commission Meeting
1. Applications will be introduced by a Staff Member.
2. The applicant will be allowed up to 15 minutes to make their presentation.
3. The Community Council representative can present their comments.
4. Persons in favor of, or not opposed to, the application will be invited to speak.
a. Speakers will be called to the podium by the Chairman.
b. Because the meeting minutes are recorded it is important for each speaker to
state their name and address prior to making any comments.
c. All comments should be directed to the Planning Commissioners, not to the Staff
or to members of the audience.
d. For items where there are several people wishing to speak, the Chairman may
impose a time limit, usually 2 minutes per person, or 5 minutes for a group
spokesperson.
5. Persons opposed to the application will be invited to speak.
6. The applicant will be allowed 5 minutes to provide concluding statements.
a. After the hearing is closed, the discussion will be limited to the Planning
Commission and the Staff.
May 6, 2021 Page 3 of 2 AGENDA – MOUNTAINOUS PLANNINGConsistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 52-
4-207(4), and acting in my capacity as Chair of the Mountainous Planning District Planning
Commission (“Commission”), I hereby make the following written determinations in support of
the Commission’s decision to hold and convene electronic meetings of the Commission without
a physical anchor location:
1. Conducting Commission meetings with an anchor location that is physically accessible
for members of the public to attend in person presents a substantial risk to the health and
safety of those who may be present at the anchor location; and
2. This determination is based upon the following facts, among others:
3. This determination is based upon the following facts, among others:
a. Salt Lake County remains under a state of public health emergency related to the
ongoing COVID-19 pandemic, and significant, continued person-to-person
transmission of the SARS-CoV-2 virus continues to occur in Salt Lake County;
b. State and local health authorities have adopted “State Public Health Order 2021-
10, ‘Updated Statewide COVID-19 Restrictions,’” which advises institutions in
jurisdictions currently experiencing “moderate transmission” of COVID-19,
including Salt Lake County, to take steps to limit transmission of the disease;
c. The health and safety of Commission members, County officials and employees,
staff, and members of the public is best served by holding electronic meetings of
the Commission with limited in-person interaction of fewer than 20 persons;
May 6, 2021 AGENDA – MOUNTAINOUS PLANNINGd. The Commission has prepared for and demonstrated the ability to effectively
conduct its public meetings electronically, including providing members of the
public means to observe the Commission’s meetings and provide comments
electronically.
These written determinations shall be read into the minutes at the beginning of the
Commission Meeting, held in Salt Lake City on May 6, 2021, and at future Commission
meetings as appropriate. Commission staff are instructed to continue including in the public
notice information on how a member of the public may view and make comments at the
Commission’s electronic meetings.
This written determination is effective until future determinations of the Chair.
Dated this 6th day of May, 2021.
MOUNTAINOUS PLANNING DISTRICT
PLANNING COMMISSION
By: _____________________________________
Laynee Jones, Chair
May 6, 2021 AGENDA – MOUNTAINOUS PLANNINGPlanning and Development Services
2001 S. State Street N3-600 • Salt Lake City, UT 84190-4050
Phone: (385) 468-6700 • Fax: (385) 468-6674
MEETING MINUTE SUMMARY
MOUNTAINOUS PLANNING DISTRICT PLANNING COMMISSION MEETING
Thursday, March 4, 2021 4:00 p.m.
Approximate meeting length: 2 hours 10 minutes *NOTE: Staff Reports referenced in this document can be
Number of public in attendance: 20 found on the State and County websites, or from Salt Lake
County Planning & Development Services.
Summary Prepared by: Wendy Gurr
Meeting Conducted by: Commissioner Despain
ATTENDANCE
Public Business
Commissioners Absent Public Business
Mtg Mtg Planning Staff / DA
Mtg Mtg
NEIL COHEN x
NICOLE OMER x Wendy Gurr x x
BROOKE DERR x x Jim McNulty
DON DESPAIN (VICE CHAIR) x x Jake Young x x
Ryan Perry x
LAYNEE JONES (CHAIR) x
Greg Baptist x x
JAMES PALMER x x
Jim Nakamura x x
CHRISTIE HUTCHINGS x x
Joselyn Romero
VICTORIA REID x x
Zach Shaw (DA) x x
F BARTON REULING x x
LAND USE APPLICATION(S)
Meeting began at – 4:03 p.m.
Commissioner Despain read the OPMA statement and Chair Reading.
Commissioner Jones announced that she has a conflict of interest due to the personal and financial impacts
of the Application’s outcome on her and her property, which is immediately adjacent to the subject property
of the Application and is therefore recusing herself.
Commissioner Cohen announced he has a conflict of interest due to a long-standing friendship with the
applicant and is therefore recusing himself.
Ms. Gurr confirmed there is still a quorum.
31241 – (Continued from January 7, 2021 and February 4, 2021) - Dan Knopp has submitted a revised
application to have a use violation declared legal through Special Exception. Location: 11332 East Big
Cottonwood Canyon Road; Parcel #24-21-208-011, Parcel #24-21-208-008, Parcel #24-21-208-013,
Parcel #24-21-208-025, and Parcel #24-21-208-026. Acreage: Approximately 0.87 Acres (combined).
Zone: C-V and FR-.05. Town Council: Brighton. Planner: Jim McNulty (Motion/Voting). This agenda
item includes notice of a possible Motion to Rescind Vote Approving Special Exception for CV
property, in order to address parking/guest limit issue, in accordance with Robert’s Rules of Order
Rule 37.
Mountainous Planning District Planning Commission – March 4, 2021 – Meeting Summary Page 1 of 5Mr. Shaw asked if commissioners received proposed conditions submitted by the attorneys for some parties.
Asked if the commissioners need a break to digest.
Commissioner Hutchings motioned for a 10-minute recess and reconvene at 4:23pm, Commissioner Palmer
seconded that motion.
After Commission reconvened, Mr. Shaw said if the planning commission should adopt the proposed
conditions, they are legally defensible. Mr. Brems said minor modification adjustment to paragraph 9. Of
the outdoor, adding lower lawn and patio areas to visually screen, crossing out (patios and deck). Ms.
Handley confirmed the conditions are agreed upon by her clients.
Commissioner Hutchings asked about UDOT’s access permit process. Mr. Shaw said Mr. McNulty spoke
with UDOT and that was what was recommended. Commissioner Despain asked about lowering speed
limits from 45 to 35. Mr. Shaw said planning commission does not have the authority to set speed limits on
a UDOT road. Commissioner Derr said item two has a considerable jump from 152 to 250 people, 12 times
a month, and how does that impact parking. Mr. Shaw said he spoke with planning staff, who recommended
that the condition be subject to compliance with the county parking ordinance, which is reflected in the
proposed condition. Commissioner Reuling asked if the applicant could later rezone the FR property as
commercial. Mr. Shaw said cross hatched area would be subject to the exception, and applicant could apply
to rezone the area. Commissioner Palmer questions #2 regarding 250 guests/staff, parking requirements,
carrying capacity of the lodge and adequate restrooms. Mr. Shaw said parking is addressed by section
19.80, the off-street parking ordinance. Mr. Shaw said 250 guest limit is subject to the parking ordinance
and is appropriate under the planning commission’s authority to impose conditions under special exception
ordinance.
Commissioner Hutchings asked if guests in lodging rooms are included in the 250 limit. Mr. Brems said
there are seven lodging rooms, and those guests are included in the 250. Ms. Handley confirmed that was
her clients’ understanding. Mr. Brems said for information purposes, people staying in the rooms are often
there for the weddings. Mr. Shaw confirmed that attorneys are not opposed to clarifying #2, and that this
condition also be subject to fire code and building code.
Commissioner Derr said the parking code will deal with the number of cars, and that 250 could be a mess.
Commissioner Reid asked if number 12 regarding appeal rights is standard. Mr. Shaw said there may be
other opponents not represented by counsel and wants to make sure and preserve any appeal rights. Mr.
Brems said he agreed that all cars will be parked legally. Commissioner Palmer asked if parking legally is
on or off-street parking. Mr. Brems said if they can legally park off the street, its legal. Mr. Shaw said when
planning looks at application for compliance with county ordinance, will look at off street parking
ordinance and make sure there is enough to meet the ordinance.
Mr. Shaw said if planning commission is inclined to adopt proposed conditions, two motions need to be
made. Planning commission voted on CV zoned properties last month, which will need to be rescinded and
replaced with a new motion to adopt the enclosed conditions.
Motion: To rescind the February 4, 2021 decision approving application #31241 regarding the CV zoned
property.
Motion by: Commissioner Derr
2nd by: Commissioner Reid
Vote: Commissioners voted unanimous in favor (of commissioners present)
Mountainous Planning District Planning Commission – March 4, 2021 – Meeting Summary Page 2 of 5Motion: To approve application #31241 regarding the special exception on subject parcels with the
following conditions:
1. That the applicant is required to comply with Salt Lake County Health Department, Health
Regulation #21, Community Noise Pollution Control, and that no outdoor amplified music or
announcements (i.e., no outdoor sound system) is allowed. To meet this requirement, applicant will
be required to end its outdoor weddings and/or events at 9 pm and cleanup be completed by 9:30
pm.
2. That a maximum number of guests for the wedding/reception/event use combined with the
restaurant and lodging use be set at 250 subject to Salt Lake County Code Chapter 19.80, building
code and fire code. To allow applicant to take advantage of the demand for outdoor events in a
mountain setting while being sensitive to the impact upon surrounding properties, applicant will
have a maximum of 12 outdoor weddings and/or events per month from May 1 to October 31, not
to exceed 250 guests at any given time, with no outdoor weddings/event outside those dates. In an
effort to accommodate the maximum number of guests, applicant will be required to convert the
area currently used for the food truck into additional parking spaces.
3. That the applicant be required to apply for an “Access Permit” with UDOT and go through a required
process allowing for safe site ingress/egress.
4. That the applicant be required to work with UDOT to address bicycle and pedestrian safety along
the frontage of the Silver Fork Lodge, SFL, as well as areas impacted by wedding/reception/event
parking as part of the UDOT “Access Permit” review process.
5. That the applicant be required to work with UDOT to address site distance and visibility issues along
BCCR at the intersection of Rufus Road to see if “No Parking” signs can be placed in appropriate
locations allowing for better visibility in the area.
6. That no parking or vendor access be allowed along East Silver Fork Road and Rufus Road. These
roadways provide access to homes in the area and are used for fire and emergency vehicle access
for the Unified Fire Authority, UFA.
7. That all outdoor lighting be shielded and directed downward to avoid light spill on adjacent
properties, consistent with Salt Lake County Code Section 19.72.170, Figure 19.72.23.
8. That use of the cross-hatched area of the FR-0.5 zoned parcel #24-21-208-011 may be used for
weddings/events, provided the events are limited to the existing upper patio. (See map attached to
Staff Recommendation.)
9. That applicant is required to build a fence on the south and east edge (must comply with FCOZ
requirements) of outdoor lower lawn and patio areas to visually screen the activities and light,
mitigate noise, and contain persons. Applicant will further be required to install visual screen
(boulders or fence) in the parking area to block headlights into neighboring properties instead of
fence at existing food truck area that will be converted to parking by applicant.
10. That applicant shall be required to limit use of the lower patio area in the FR-0.5 zone on parcel
#24-21-208-011 (which applicant began to construct in the summer of 2020 bounded by the Trex
paver edge board) to wedding ceremonies only (no dancing, dining, or serving drinks or food).
Mountainous Planning District Planning Commission – March 4, 2021 – Meeting Summary Page 3 of 511. That the applicant be required to work with MSD staff both seasonally and annually to remain in
compliance with all Business Licensing requirements. Violation of any of these conditions may be
grounds for suspending or revoking applicant’s business license in accordance with Salt Lake
County Code Section 5.07.020(C).
12. That the Planning Commission’s decision be memorialized in written findings issued by the Vice
Chair, with appeal rights arising from the written findings.
Motion by: Commissioner Reid
2nd by: Commissioner Hutchings
Vote: Commissioners voted unanimous in favor (of commissioners present)
BUSINESS MEETING
Meeting began at – 5:02 p.m.
1) Approval of the February 4, 2021 Planning Commission Meeting Minutes. (Motion/Voting)
Motion: To approve the February 4, 2021 Planning Commission Meeting Minutes as presented.
Motion by: Commissioner Palmer
2nd by: Commissioner Derr
Vote: Commissioners voted unanimous in favor (of commissioners present)
2) Dark Skies - An immense diversity and number of birds migrate through or stay to breed at Great
Salt Lake and its wetlands each year, guided by an internal compass and visual cues that are sensitive
to high intensity artificial light. A great majority of these birds migrate at night. This presentation
explores a sensitive intersection of human population growth and a globally important stop-over
along a migratory flyway. Some of the known effects of artificial light at night on humans, birds
and other wildlife are presented, and city and county level solutions to reducing light pollution along
this important migratory pathway are discussed. Presenter: Heidi Hoven and Ella Sorensen,
Audubon Society.
Ms. Hoven provided an oversight and presentation on dark skies, cluster lighting and pollution to
wetlands of the Great Salt Lake and birds. Mr. Young said he has been discussing these concepts
with the west general plan and thought they were applicable in the canyons. Improvements can be
done with County Ordinances. Commissioner Reuling asked if development services are utilizing
these concepts. Mr. Nakamura said in FCOZ the lighting must be directed downward.
Commissioner Jones said there is a statement in FCOZ and could be improved upon to meet the
standards. Commissioners had a brief discussion regarding the night sky.
3) Update on County Council supported Mountainous Planning District potential legislation and
legislative intent. – Ryan Perry
Mr. Perry provided an update to legislation and legislative intent and Senate Bill 240, and Senate
Bill 98’s amendment to exempt the MPD.
Commissioners and staff had a brief discussion regarding a repeal date on public services,
Brighton’s Land Use Authority, and MPD membership.
4) Initiate Proceedings to Enact Salt Lake County Code Section 19.76.320, Remote Yurts, requiring
remote yurts to comply with the State Construction Code, State Fire Code, State Water Quality Act,
Mountainous Planning District Planning Commission – March 4, 2021 – Meeting Summary Page 4 of 5State Administrative Rules made under the Water Quality Act, and Salt Lake County Health
Department wastewater disposal regulations. Presenter: Zach Shaw.
Mr. Shaw provided background on the ordinance. Commissioner Reuling said Remote Yurt is a
nebulous term and a lot of structures set up in the canyons, some yurts, storage containers, teepee,
construct stone and wood structures with stoves in them. Mr. Shaw said main reason for the agenda
item was to initiate this process. Commissioner Despain said he started one of the first yurts in the
Wasatch with Nordic Center, and there is no way to dispose of waste or bring water in; he sold yurt
to Solitude; he said there are issues with water quality and whether yurts can meet regulations.
Commissioner Cohen confirmed the bill with legislature passed last year, that remote codes do not
have to comply with certain codes, but the county wants them to comply and therefore desires to
pass this ordinance. Commissioner Cohen asked if they want to put up a remote yurt, do they have
to get a building permit. Mr. Shaw said that with this ordinance, yes if the building code requires
one.
5) Other Business Items (as needed)
No other business items to discuss.
Commissioner Reid motioned to adjourn, Commissioner Hutchings seconded that motion.
MEETING ADJOURNED
Time Adjourned – 6:13 p.m.
Mountainous Planning District Planning Commission – March 4, 2021 – Meeting Summary Page 5 of 5Jenny Wilson
Mayor March 16, 2021
Catherine Kanter
Deputy Mayor of Regional To: Salt Lake County Steering Committee
Operations
Scott R. Baird, P.E. Re: Revisions to Title 17 – Flood Control and Water Quality
Director, Public
Works Department
Dear Committee Members:
Kade D. Moncur, P.E., CFM
Director, Flood Control
Engineering Division Due to the pace of new development throughout Salt Lake County it has become
apparent that the ordinances that address storm drainage and flood control
FLOOD CONTROL development need to be updated to reassess how predevelopment stormwater release
ENGINEERING DIVISION rates are determined and how those rates will impact the County’s Flood Control
Government Center Facilities. To that end, the following amendments to the Salt Lake County Code of
2001 South State Street Ordinances, Title 17, Chapters 04, 08, and 20 are presented for your approval.
Suite N3-120
Salt Lake City, Utah 84190
T 385-468-6600 Chapter 17.04
F 385-468-6603
slco.org/flood-control
17.04.020: Clarification that the director of the director of the flood control division
may also act as the director of the engineering division.
17.04.050: Establishes procedures and standards for conducting hydrological studies of
all drainage basins and drainage areas in Salt Lake County for the purpose of
determining the volume and course of excess waters (i.e. stormwater and runoff) and
establishing scientifically based regulations regarding the discharge of excess water
from developed properties into County Flood Control Facilities. Allows the flood
control division director to exempt developments that are subject to a master
development agreement in existence at the time a new study is adopted from the new
rates.
Chapter 17.08
17.08.010: Updates and standardizes the definition of a “one percent annual storm
event.”
17.08.020(A)(1): Amended to require a flood control permit for any “structure,
encroachment, facility, or appurtenance that may interfere with . . . any county [flood
control] facility.”Page 2 of 2 17.08.075: Adds a new section to address maximum excess water release rates into county flood control facilities. Maximum release rates shall be based on studies carried out pursuant to section 17.04.050, and if a study is not available establishes a maximum discharge rate of 0.2 cubic feet per second per acre. Creates exceptions to the maximum release rate where a property owner has a vested right to a higher discharge rate or where a preexisting master development agreement is deemed acceptable by the division director. Chapter 17.20 17.20.020: Update and standardized the definition of a “one percent annual storm event.” 17.20.060: Changes this section to mirror section 17.08.075. Addresses maximum excess water release rates into storm drain systems. Maximum release rates shall be based on studies carried out pursuant to section 17.04.050, and if a study is not available establishes a maximum discharge rate of 0.2 cubic feet per second per acre. Creates exceptions to the maximum release rate where a property owner has a vested right to a higher discharge rate or where a preexisting master development agreement is deemed acceptable by the division director. Thank you, Kade D. Moncur, PE, CFM Division Director Flood Control Engineering Salt Lake County
SALT LAKE COUNTY ORDINANCE
ORDINANCE NO. __________________ ________________________, 2021
AN ORDINANCE OF THE SALT LAKE COUNTY COUNCIL MODIFYING CHAPTERS
17.04, 17.08, AND 17.20 OF THE SALT LAKE COUNTY CODE REGARDING THE
ESTABLISHMENT OF PROCEDURES AND STANDARDS FOR CONDUCTING
HYDROLOGICAL STUDIES OF DRAINAGE BASINS AND DRAINAGE AREAS IN SALT
LAKE COUNTY FOR THE PURPOSE OF DETERMINING SCIENTIFICALLY BASED
REGULATIONS REGARDING THE DISCHARGE OF EXCESS STORMWATER RUNOFF
FROM DEVELOPED PROPERTIES INTO COUNTY FLOOD CONTROL FACILITIES,
INCLUDING MAXIMUM RELEASE RATES AND EXCEPTIONS THERETO; AND
MAKING OTHER RELATED CHANGES.
The County Legislative Body of Salt Lake County ordains as follows:
SECTION I. The amendments made here are designated by underlining the new substituted
words. Words being deleted are designated by brackets and interlineations.
SECTION II. Chapters 17.04, 17.08, and 17.20 of the Salt Lake County Code of Ordinances are
amended as follows in order to establish procedures and standards for conducting hydrological
studies of drainage basins and drainage areas in Salt Lake County for the purpose of determining
scientifically based regulations regarding the discharge of excess stormwater runoff from
developed properties into county flood control facilities, including maximum release rates and
exceptions thereto; and making other related changes.
Chapter 17.04 - ADMINISTRATION
17.04.020 - Flood control and water quality division—Director—Duties.
There is created the office of the director of the division of flood control and water quality.
The director shall supervise and control, and be responsible for the satisfactory completion of allduties of the division and of the director, as set forth in this chapter. The flood control division
[engineering division] director may be the [flood control] engineering division director. The
division shall:
A. Maintain a twenty-year master plan outlining, in general, long-range requirements for
planning, designing, constructing, managing, operating and maintaining facilities in the
county for the carrying away and safe disposal of stormwaters and floodwaters and for the
preservation and enhancement of water quality;
B. Maintain a six-year capital improvements plan outlining financial needs, scheduling of
construction and management programs which will implement the twenty-year master plan.
The plan and the twenty-year master plan shall be submitted by the director of public works
through the mayor on or before August 15th of each year for review, correction and
adoption by the county council for funding;
C. Prepare and submit to the director of public works and the mayor on or before September
15th of each year an annual element of the capital improvement plan outlining, by proposed
budget line items, work activities and expenditure of funds required to complete the current
annual element of the approved capital improvement plan;
D. On or before January 1st of each year prepare a management plan, outlining by project and
program, management agency responsibilities, schedules and proposed interlocal
agreements and contracts necessary to carry out the budget for the current year and
administer all county ordinances pertaining to flood control and water quality;E. Provide to all municipal governments an annually updated map and list of flood control
facilities maintained in each city and that portion of the annual management plan which
relates to the activities of the division to be carried out in the respective city;
F. Provide for ongoing maintenance program and direct the cleaning and maintenance of
natural channels, ditches, open drains and stormdrains which are included in the storm
drainage and flood control system. Work in open channels and creeks where fisheries exist
shall be limited to that necessary to remove immediate threats of flooding and existing
rights shall be protected as specified in Section 17.08.050 in this title;
G. Pursue action before the Utah Legislature, in cooperation with other affected agencies,
required to achieve effective water quality management or for effective flood control
management as directed by the mayor;
H. Attend, at the request of the mayor, meetings or conferences dealing with water quality
management or with the gathering, control and disposal of stormwater and floodwater
within the county;
I. Determine the type and amount of storm drainage and flood control works which are needed
within the county, and establish comprehensive sets of plans and specifications for the
works and have such plans and specifications readily available for public inspection;
J. Arrange for public hearings regarding the installation of pipelines or other storm drainage
facilities and such hearings as are required for administration of the Water Quality
Management Plan;K. Coordinate policies and water quality management plan implementation with other area-
wide water quality programs, air quality programs, solid waste disposal planning, etc.,
which are the responsibility of the Salt Lake Valley health department;
L. Seek and obtain loans and grants for comprehensive water quality management planning by
designated agencies and administer the same on behalf of the county in conjunction with
designated management agencies;
M. Upon request, assist the mayor and all local agencies concerned with flood control, storm
drainage, and water quality in communicating with state and federal government agencies;
N. Upon request, provide assistance to local entities in preparing and processing grant
applications for flood control, storm drainage and water quality improvement projects;
O. Sponsor research and/or supervise contract research and development, in cooperation with
appropriate management agencies, to develop best management practices (BMPs) in
nonpoint source pollution control;
P. Assist management agencies in evaluating and improving water quality monitoring, testing
and permit compliance activities;
Q. Continually review new research in water quality which may be conducted by universities,
industries or government/nonprofit agencies, and assure the availability of new information
or developments to local agencies and organizations;
R. Conduct other activities and perform such other duties as directed by the mayor;
S. Establish criteria, engineering and otherwise, whereby applicants for building permits may
be aware of, and plan for, the drainage requirements which must be met as a condition to
receiving the division's approval for such permit.(Ord. 1473 (part), 2001: Ord. 817 § 2 (part), 1982: prior code § 7-1-2)
17.04.050 – Studies regarding excess water release rates
A. The director of the division of flood control and water quality, in order to comply with the
duties described in 17.04.020(A) and (S), shall periodically conduct studies of all drainage
basins and drainage areas, within the unincorporated and incorporated county. These
studies shall be made to determine the amount or volume, frequency, and course of excess
waters and any drainage system or flood control facility now provided or to be provided for
the drainage and control of excess waters within said areas, including location of outfall or
disposal points. All studies adopted by the division shall include analysis of a one percent
annual storm event on the area and facilities that are the subject of the study, and its
relationship to any recommendations concerning release rates. Previous studies made by
the county or others shall be considered in whole or in part if applicable.
B. These studies shall from time to time be updated or amended as necessary to reflect
changed conditions. Subject to the director’s discretion, studies of drainage areas,
developments, proposed subdivisions, existing subdivisions or other property completed by
professional engineers for other governmental entities may be adopted for County use
provided that they comply with the requirements established for such studies under this
section.
C. In conducting the studies referred to in this section, the analysis of storm drainage flows
affecting county flood control facilities and drainage systems subject to this title shall be
performed by professional engineers competent in hydrology and hydraulics and shall be inaccordance with sound engineering practices. Location of existing storm drainage facilities
and flood control facilities will be coordinated with the division.
D. In all cases flows shall be based upon present conditions and potential for future
development of the county, taking into consideration the applicable land use master plan(s)
of the unincorporated and incorporated county that are current as of the date of the study
and relate to the drainage basin, plus other relevant factors, including changes in zoning or
development that are not reflected on the master plan.
E. Each study’s findings shall be recognized as the governing standard for drainage and
control of excess waters in the subject drainage area, except as provided in subsection
(E)(1) or (E)(2) of this section.
1. Maximum release rates in which a property owner is vested under the Utah Land
Use, Development, and Management Act shall apply unless the appropriate legislative
body issues a moratorium under that Act; or
2. Maximum excess water release rates that are specified in Master Development
Agreements in existence at the time a new study is adopted, or amendments of such Master
Development Agreements, shall govern if the division director provides written
acknowledgement of the same.
F. Adoption of a study under this section shall be effective upon written notification to the
Mayor and District Attorney’s Office, publication of this notice and the study on the
division’s web site. These adoption and notice requirements shall not apply to studies
adopted prior to the enactment of this section.G. The terms listed below shall be defined as follows for purposes of this chapter:
1. “Excess water” means those waters flowing upon or across a lot, subdivision,
development or other area of real property which are created because of alteration of or
building upon the natural terrain or other increase in the impervious surface of the property,
which waters are additional to the waters which would flow upon or across the unaltered
natural terrain.
2. “Release rate” is the amount rate of excess water is released from a property in a
given time period; release rates are typically stated as cubic feet per second (cfs) per acre,
though other units may be used in these studies at the discretion of the director of the
division of flood control and water quality.
3. “Drainage area” means that portion of a drainage basin whose drainage or storm
waters drain or gravitate toward a natural or artificial channel, conduit, retention or
detention area.
4. “Drainage basin” means that portion of the county whose drainage or stormwaters
of the contributing area is made up of individual drainage areas.
5. “Drainage system” or “drainage facilities” means all facilities used for conducting
excess waters to, through and from a drainage area to the point of final retention or
destination, including, but not limited to, any or all of the following: pipes, conduits,
culverts, curbs, gutters, waterways, inlets, swales, ditches, gulches, channels, retention and
detention areas, and appurtenant features, as well as easements and rights-of-way necessary
to accommodate the same.6. “Flood control facilities” means any flood control, storm drainage, water quality
control, or water conservation structure, facility, appurtenance, as well as any other
property owned, constructed, maintained or controlled by or on behalf of the county,
including such flood control facilities as are identified in Section 17.08.040 of this chapter.
7. “Master Development Agreement” means a comprehensive development
agreement that governs the development and approval processes of all phases of a project,
including the vested rights of such project.
8. “One percent annual storm event” means a storm or runoff event that has a one
percent chance of being equaled or exceeded in any given year.
CHAPTER 17.08 – FLOOD CONTROL FACILITIES
17.08.010 - Definitions.
As used in this chapter:
"County facility" means any flood control, storm drainage, water quality control, or water
conservation structure, facility, appurtenance, as well as any other property owned, constructed,
maintained or controlled by or on behalf of the county, including such flood control facilities as
are identified in Section 17.08.040 of this chapter.
"Governmental entity" means the state and its political subdivisions.
"Master plan design flow" means the flow amount set by a regional or local storm drainage
master plan study conducted by a registered profession engineer."One percent annual storm event [chance flood]" means the flood event having a one percent
chance of being equaled or exceeded in any given year. [The one percent chance flood is also
referred to as the "base flood" or "one hundred (100)-year flood."]
"Political subdivisions" means any county, city, town, metro township, school district,
public transit district, redevelopment agency, special improvement or taxing district, or any other
political subdivision or public corporation.
"Responsible person" means a person including the property owner and any person or entity,
including but not limited to firms, corporations, and government entities, whether as owner,
agent, or occupant, who commits, aids in committing, contributes to, causes, supports, retains, or
permits a violation of this title. Every successive owner or tenant of a property or premises who
fails to correct the violation upon or in the use of property or premises caused by a former owner
or tenant is also a responsible person. In cases where there is more than one responsible person,
the county may proceed against one, some, or all of them.
"Structure" means that which is built or constructed, an edifice, building, or wall of any
kind, or any piece of work artificially built up or composed of parts joined together in some
definite manner.
"State of Utah" means the state of Utah or any office, department, agency, authority,
commission, board, institution, hospital, college, university or other instrumentality thereof.
(Ord. No. 1800 § II, 9-13-2016; Ord. 827 § 2, 1982: Ord. 817 § 2 (part), 1982: prior code § 7-2-1
(part))
17.08.020 - Permit—Required.A. Required Permits. A permit from the division is required for:
1. Any structure, encroachment, facility, or appurtenance that may interferes with, cause
damage to, destroys, or uses for any purpose any county facility.
i. The county considers the following to interfere with, cause damage to, destroy, or
use any county facility pursuant to Subsection 17.08.020(A)(1):
a. A structure, encroachment, facility, or appurtenance that compromises the
structural integrity or lateral support of a county facility.
b. A structure, encroachment, facility, or appurtenance that impedes the ability of
a county facility to withstand a one percent annual storm event chance flood.
c. Adding, moving, or removing fill within or along any flood control facility or
channel identified in Section 17.08.040.
d. Any structure or other encroachment that prevents access to or along a flood
control facility, as identified in Section 17.08.040, upon property which the
county has a property interest in or that is controlled in behalf of the county.
ii. The above does not constitute an all-inclusive list and the county is in nowise
limited by this list when determining what interferes with, causes damage to,
destroys, or uses a county facility.
2. Any obstruction, material, or matter of any kind in a channel or drain or within or upon
any flood control channel, reservoir, detention basin, debris basin, spreading ground or
other property over which the county has an interest, that may operate to impede, retard
or change the normal direction of the flow of floodwaters, stormwaters, or other waters,
or that may catch or collect debris carried by such waters, or that may be carrieddownstream by such waters to the damage and detriment of adjacent private or public
property, or that may degrade the quality of the water.
B. Property Owner Responsibility. This provision is applicable to all responsible persons. The
property owner is responsible for ensuring that all structures, encroachments, facilities,
appurtenances, obstructions, etc., on his or her property are properly permitted by the
division, and for ensuring his or her property's compliance with this title. To ensure
compliance with this chapter, a property owner will contact the county's flood control
division for all construction or landscaping activities within forty feet from the top of the
county facility's bank to determine if permitting is necessary.
C. Unpermitted Encroachments Prohibited. It is unlawful for any responsible person to
construct any structure, encroachment, facility, appurtenance, or obstruction covered by
Section 17.08.020 without first receiving a permit in accordance with Section 17.08.020 of
this title, or to fail to remove any structure, encroachment, facility, appurtenance,
obstruction, etc. that is not in compliance with this title when requested to do so by the
county.
D. Permit Applications. Application for permits shall be made to the director of the division
and shall set forth the particular use desired and the purpose and duration of use. The
division may impose such terms and conditions as may be necessary to provide for the
carrying away and the safe disposal of natural stormwaters and floodwaters, and to prevent
the destruction or obstruction of any such structure, facility, appurtenance, etc., and to
ensure the proper maintenance and restoration of any such structure, facility, appurtenance
or property. Permits shall be revocable when, in the discretion of the director of the division,
the public interest and welfare so requires.(Ord. No. 1800 § II, 9-13-2016; Ord. 817 § 2 (part), 1982: prior code § 7-2-1 (part))
17.08.040 - Specific facilities.
A. The following facilities, wherever located in the county, including open channel sections
and sections in conduit, are declared to be part of the storm drainage and flood control
system and are subject to the provisions of this chapter relating to such facilities:
1. The Jordan River;
2. City Creek;
3. Red Butte Creek;
4. Emigration Creek;
5. Parley's Canyon Creek;
6. Mountain Dell Canyon Creek;
7. Lamb's Canyon Creek;
8. Mill Creek;
9. Neff's Creek;
10. Big Cottonwood Creek;
11. Little Cottonwood Creek;
12. Dry Creek from Bell's Canyon Reservoir to Jordan River;
13. Big Willow Creek;
14. Little Willow Creek;15. Corner Creek;
16. Beef Hollow Creek Downstream from Camp Williams Boundary;
17. Wood Hollow Creek Downstream from Camp Williams Boundary;
18. Rose Creek;
19. Butterfield Creek;
20. Copper Creek;
21. Midas Creek;
22. Bingham Creek;
23. Barney's Creek;
24. Harker's Canyon Creek;
25. Coon Canyon Creek;
26. Utah Lake Distributing Company Canal - from the Jordan River diversion to 7000 S
Street in West Jordan City;
27. Utah and Salt Lake Canal;
28. South Jordan Canal;
29. North Jordan Canal;
30. Kennecott Canal;
31. Riter Canal;
32. Kersey Creek;
33. C-7 Ditch;34. Lee Creek;
35. 8000 West Drain—Utah and Salt Lake Canal to C-7 Ditch;
36. Kearns-Chesterfield Drain—Utah and Salt Lake Canal to Jordan River including
Decker Lake;
37. Lee Drain—Lee Drain Pump Station to Lee Creek;
38. Goggin Drain Surplus Canal to Great Salt Lake;
39. Surplus Canal;
40. 2700 West Drain—North Jordan Canal to I-215 Drain;
41. I-215 Drain—4700 South to 4100 South and 2700 West Drain to Decker Lake;
42. 4100 South Drain—3200 West to Jordan River;
43. 4700 South Drains—South Jordan Canal to I-215 Drain and North Jordan Canal to
Jordan River;
44. 3200 West Drain—4700 South to 4100 South;
45. 5400 South Drain—Utah and Salt Lake Canal to Jordan River;
46. City Drain, West Branch from CWA 2 Drain to Sewage Canal;
47. Sewage Canal from City Drain to Great Salt Lake;
48. CWA 2 Drain from CWA 1 Drain to West Branch City Drain;
49. CWA 3 Drain from Brighton Canal Extension to CWA 2 Drain;
50. CWA 1 Drain from Roper Yard to CWA 2 Drain;
51. 4th Avenue Drain—Virginia Street to City Creek;52. 8th South Drain—East High School Detention Basin to Jordan River;
53. 7200 South Drain—East Jordan Canal to Jordan River;
54. 9000 South Drain—Sandy Irrigation Canal to Jordan River;
55. Salt Lake City Canal to Red Butte Creek;
56. East Jordan Canal;
57. East Jordan Canal Extension;
58. 2700 South Storm Drain—Nibley Park Outfall to Mill Creek.
B. If not owned by the county, the rights of the county in and to canals and storm drains
specified above are limited to those included in specific agreements for their use with the
owners of such facilities.
C. The provisions of this chapter shall also apply to the following classes of facilities:
1. All collection storm drains and subsurface collection systems installed in dedicated
easements and other easements in which the county has a legal interest, and located in
the unincorporated county area;
2. All collection storm drains and subsurface collection systems installed in dedicated
easements and located in the incorporated areas of the county through contracts and
agreements specifically outlining duties and responsibilities of the city and county on
each facility.
(Ord. No. 1784, § II, 4-14-2015; Ord. 1478, § 2, 2001; Ord. 1433, § 2, 1998; Ord. 918, § 1, 1985;
Ord. 817, § 2 (part), 1982; prior code, § 7-2-5)17.08.075 – Maximum Release Rates into County Flood Control Facilities Due to
Development.
A. Maximum release rates into county flood control facilities or drainage systems that feed
into such facilities shall be determined by studies conducted under the supervision and
authority of the director of the flood control and water quality division as described in
section 17.04.050. If a study for a drainage area is not available, the maximum release rate
shall be the lesser of the predevelopment release rate or 0.2 cubic feet per second (cfs) per
acre.
B. However, the following maximum release rates shall apply instead of the rates determined
by application of section 17.08.075(A):
1. Maximum release rates in which a property owner is vested under the Utah Land Use,
Development, and Management Act shall apply unless the appropriate legislative body
issues a moratorium under that Act; or
2. Maximum release rates specified in a Master Development Agreement in existence
when a new study is adopted shall apply if the division director approves the same in
writing, or approves in writing an amendment to such Master Development
Agreement.
17.08.090 - Replacement and new bridges and culverts—Design criteria.
A. Replacement and new bridges or culverts on the natural tributaries and open man-made
channels, except irrigation canals, listed in Section 17.08.040, shall be sized for a frequencybased on consideration of the benefits and costs derived from the improvements. As a
minimum all such bridges and culverts shall be designed to pass the greater of the one
percent annual storm event [chance flood] discharge or the stormwater master plan design
flow, where a master plan for the flood control facility has been adopted by the director of
the division of flood control and engineering, unless the division director shall deem such
level of protection unwarranted. In addition to the design flow, consideration shall be given
to the freeboard necessary to pass debris and accommodate bed load and bulking.
(Ord. No. 1800 § II, 9-13-2016; Ord. No. 1702, § II, 5-3-2011; Ord. 921, § 1, 1985; prior code §
7-2-9)
CHAPTER 17.20 – STORM DRAINAGE AND FLOOD CONTROL DEVELOPMENT
17.20.020 - Definitions.
For the purposes of this chapter, the definitions of the following terms shall apply:
"Building permit" means all permits except those issued solely for grading or for the purpose
of remodeling or repairing any preexisting building or structure, provided that no increase in
impervious surface on the property results from such permit.
"Design capacity" or "capacity of drainage systems" means the maximum volume of water
per unit of time which can be carried or accommodated by each component of a drainage system,
based upon size of the line, slope, and any other factors which affect the carrying capacity of a
line.
"Development site," "development" or "subdivision" means the total area of a subdivision or
the total area of the parcel of land on which a building permit is to be issued or the total area ofproperty being improved, including yard space in the case of development of a part of a land
parcel.
"Director" means the planning and development services director or designee.
"Division" or "planning and development services division" means the director and other
authorized agents and employees of the planning and development services division of the
department of public works of the county.
"Drainage area" means that portion of a drainage basin whose drainage or storm waters drain
or gravitate toward a natural or artificial channel, conduit, retention or detention area; upon
designation of a drainage area upon a map referred to in Section 17.20.050, "drainage area"
means each area so designated.
"Drainage basin" means that portion of the unincorporated county whose drainage or
stormwaters of the contributing area is made up of individual drainage areas; upon designation of
a drainage basin upon a map referred to in Section 17.20.050, "drainage basin" means each area
so designated.
"Drainage system" means all facilities used for conducting excess waters to, through and
from a drainage area to the point of final retention or destination, including, but not limited to,
any or all of the following: pipes, conduits, culverts, curbs, gutters, waterways, inlets, swales,
ditches, gulches, channels, retention and detention areas, and appurtenant features, as well as
easements and rights-of-way necessary to accommodate the same. In ascending order of size and
capacity, components of the drainage system include the following: unit drainage system,
intermediate drainage system, major drainage system, trunk line, natural tributary, final
destination. A drainage system may, but need not, contain all of the foregoing components."Excess waters" mean those waters flowing upon or across a lot, subdivision, development
or other area of real property which are created because of alteration of or building upon the
natural terrain or other increase in the impervious surface of the property, which waters are
additional to the waters which would flow upon or across the unaltered natural terrain.
"Final destination" means a natural or artificial retention area which serves one or more
drainage basins into which excess waters are discharged, without subsequent discharge into any
other drainage system, facility or retention or detention area or facility.
"Intermediate drainage system facility" means that part of the drainage system which serves
one or more single units, subdivision or development drainage system facilities, which conveys
excess waters from a unit or subdivision, and which is tributary to a major drainage system
facility, a trunk line, natural tributary or final destination. Facilities within this system will be
designed to fully accommodate a ten-year frequency flood.
"Major drainage system facility" means that part of the drainage system within a drainage
area which is contributed to by one or more unit and intermediate drainage systems. A major
drainage system facility is tributary to a trunk line, natural tributary or final destination.
"Mayor" means the Salt Lake County mayor or designee.
"Natural tributary" means that part of the drainage system contributed to by one or more
trunk lines, major, intermediate and unit drainage systems; is a natural channel, ditch or river,
and which is tributary solely to a final destination.
"[One-hundred-year frequency flood] One percent annual storm event" means [a flood flow
of the magnitude which is expected to occur on the average of a one-hundred-year frequency or
has a one-percent chance of being equaled or exceeded during any one year] means a storm orrunoff event that has a one percent chance of being equaled or exceeded in any given year..
Similarly, two, five, ten and other year frequency floods bear like definition.
"Retention" means temporary or permanent accumulation of excess waters and/or other
stormwaters, and shall include the total or partial accumulation of such waters. In the case of
partial retention, the retention facilities shall include carriage of the portion not retained to an
intermediate or major drainage system facility, trunk line, natural tributary or final destination.
"Stormwaters" means a storm or flood flow of the magnitude which is expected to occur on
the average of a ten-year frequency or has a ten-percent chance of being equaled or exceeded
during any one year.
"Trunk line" means that part of the drainage system contributed to by one or more drainage
areas and unit, intermediate and major drainage system facilities within such drainage areas. A
trunk line transports excess waters to a natural tributary or final destination.
"Unit or subdivision drainage facility" means that drainage system which drains a
subdivision or other development area and which is tributary to an intermediate or major
drainage system facility, trunk line, natural tributary or final destination.
(Ord. 1473 (part), 2001: Ord. 1442 § 3 (part), 1999; Ord. 1055 § 2, 1988; Ord. 990 § 1, 1986;
Ord. 817 § 2 (part), 1982: prior code § 7-5-2)
[17.20.060 - Engineering studies—Maximum volumes of excess stormwater.
A. The division shall cause engineering studies to be made of all drainage areas within the
county. These studies shall be made to determine the amount or volume, frequency, and
course of excess and stormwaters, and any drainage system now provided or to be providedfor the drainage and control of excess or storm waters within said areas, including location
of outfall or disposal points. Previous studies made by the county or others shall be
considered in whole or in part if applicable.
B. These studies shall from time to time be updated or amended as necessary to reflect
changed conditions. Studies in individual drainage areas, developments, proposed
subdivisions, existing subdivisions or other property may be completed by professional
engineers for private developers under the direction of the county if the county cannot
complete the studies as soon as required for development due to staff or budget constraints.
C. In conducting the studies referred to in this section, the analysis of storm drainage flows
and facilities shall be performed by professional engineers competent in hydrology and
hydraulics and shall be in accordance with sound engineering practices. Location of existing
storm drainage facilities will be coordinated with the division.
D. In all cases flows shall be based upon present conditions and potential for future
development of the county, taking into consideration the current elements of the land use
master plan of the county, current as of the date of the study, relating to the drainage basin
and other relevant factors, including changes in zoning or development which are not
reflected on the master plan.
E. The maximum stormwater release rate exiting the developed property into an approved
system shall be based upon the results of the above studies. If unavailable, it shall be the
lessor of the predevelopment release rate or 0.2 cfs/acre, unless otherwise approved by the
division for good cause.You can also read
