8.10.060 Jordan Bluffs West—Covers and materials management.
A. Site plan approval as required by Section 17-7-3 and regulated by Section 17-7-10 of the Midvale City zoning ordinance and Title 16, Subdivisions, shall be obtained before initial site development, future redevelopment or change in land use. Applications shall be made available through the city community and economic development department. In conjunction with the submittal of the preliminary site plan application, the applicant shall submit documentation that shall include an attestation that the applicant is aware of the current site condition and will comply with all institutional controls. All applicants must retain, at their sole cost, a special inspector as defined in Section 8.10.030(BB). Applicant submittals and requirements under the site plan approval process are summarized in this section, which are in addition to and in conjunction with the requirements identified in Sections 17-7-3 and 17-7-10 of the Midvale City zoning ordinance.
1. The applicant shall submit a plan illustrating the proposed construction and development. Preliminary and final site plans for development shall be submitted for review and approval. Preliminary and final development plans shall specify the amount of existing and proposed soil cover over the cap as well as any proposed penetrations or alterations of the cap. Any proposal which includes penetrations or alterations of the cap must include detailed plans for repairing the cap in accordance with the SMP or alternate procedures approved by the city.
2. Grading and drainage plans are required and shall specifically assure the protection of soil covers from erosion over the cap membranes and provide adequate drainage to prevent accumulation of water on the cap.
3. Alterations to the existing operations and maintenance plan may be proposed by the applicant, the city or other party. The EPA and the UDEQ shall consider alterations to assure the proposed development site will be maintained in a manner which shall preserve the effectiveness of the cap.
4. An air quality monitoring and dust suppression plan shall be provided. The plan must ensure that National Ambient Air Quality Standards and state and local air quality requirements are met for site contaminants at the boundary between the construction area and the developed areas. The applicant may request a waiver of the air monitoring requirements by submitting relevant data demonstrating compliance with all air quality standards under similar circumstances (similar weather conditions, construction operations, site materials, etc.).
B. If any intrusive exploratory activities (such as excavations, borings, CPT soundings) or foundations (including piles or drilled shafts) are proposed for the cap area at depths that penetrate the cap, approval must first be obtained from the city. The request for approval must include a detailed description of the proposed exploration or construction activity as well as the mechanism(s) that will be used to prevent contamination of the aquifer and release of contaminated material. In addition, the plan shall be in conformance with the accepted SMP. The request must be approved by the city of Midvale prior to implementation of the work.
C. A road cut permit shall be required for any work in the public right-of-way, per Chapter 12.12.
D. All property within the Jordan Bluffs West property will be included within one property owners’ association (“the Project Association”). The Project Association will be established by the owner or authorized representative prior to subdivision plat approval for the Jordan Bluffs West property. Membership in the Project Association is a condition of development on the Jordan Bluffs West property. Government-owned property is exempt from being a part of the Project Association.
1. Except for multifamily residential properties in which a dwelling unit is individually owned (“MFIO”) and single-family residential properties, the landowner is primarily responsible for compliance with the institutional controls for its property. This includes, without limitation, maintenance and repair of the cap and soil covers beneath its property excluding any areas maintained by the Project Association. In the event that the landowner elects to create a POA that includes the landowner’s property, the POA must be a subassociation of the Project Association. Each POA, if any, is primarily responsible for compliance with the institutional controls for the property within its boundaries. This includes, without limitation, maintenance and repair of the cap (including soil covers) beneath the property within its boundaries excluding areas required to be maintained by the Project Association pursuant to Section 8.10.060(D)(3).
2. Single-family residential properties and MFIO properties are required to be included in one or more POAs. The POA will be established by the owner or authorized representative prior to subdivision plat approval for the Jordan Bluffs West property being developed for single-family residential or MFIO use. Membership in a POA is a condition of development of a single-family or MFIO use on the Jordan Bluffs West property. The POA is primarily responsible for compliance with the institutional controls for its property within its boundaries. This includes, without limitation, maintenance and repair of the cap (including soil covers) beneath the property within its boundaries excluding areas required to be maintained by the Project Association pursuant to Section 8.10.060(D)(3).
3. The Project Association is responsible for compliance with the institutional controls for the sloped areas along 7800 South and the Jordan River, wetlands areas, and, unless dedicated to and accepted by the city or another governmental entity, parks, trails, and common roadways within the Jordan Bluffs West property. The Project Association, without limitation, is responsible for maintenance and repair of the cap (including soil covers) beneath the aforementioned properties. In the event that the Project Association learns that a landowner or POA is failing to comply with the institutional controls for which the landowner or POA is responsible, the Project Association may enforce compliance with the institutional controls through recording a notice of violation, assessing all costs incurred by the Project Association in enforcing or remediating such violation against the violating property and landowner or POA, or taking any other action permitted by applicable law.
4. If property within the Jordan Bluffs West property is dedicated to the city or another governmental entity, the city or such governmental entity is responsible for compliance with the institutional controls for property so dedicated upon acceptance of such dedication by the city or governmental entity. This includes, without limitation, maintenance and repair of the cap (including soil covers) beneath said property.
5. The city shall make necessary repairs to covers and barriers if the landowner, POA, or Project Association fails to do so in a timely or appropriate manner. In that event, the city shall have the right to recover its costs from the landowner, POA, or Project Association, as applicable. The city shall also have the right, in its sole discretion, to charge the landowner, POA, or Project Association a surcharge for the costs of the city’s work related to the property, in an amount established by ordinance.
E. Reasonable efforts must be used to minimize penetration of the cap. Excess soil or tailings generated from underneath the cap either during development or after development will be managed in accordance with the accepted SMP or alternate procedures approved by the city. (Ord. 2023-03 § 1 (Att. A); Ord. 6/26/2007O-8 § 1 (Exh. A (part)))