1. CUP Approved Depth. At the time that the CUP for the small scale master plan is granted for areas designated for single family use, the city will identify the depth of clean fill for the specific single family use development area (“CUP approved depth”). The CUP approved depth will be a uniform depth of fill number equal to the most shallow fill area located within the relevant development area.

2. Grading Plans. Grading plans must demonstrate that the depth of clean fill for single family use development will be equal to or greater than the CUP approved depth upon completion of initial home construction.

3. Irrigation Plans—Source Areas. For any single family use development within a source area, an irrigation plan must be submitted to the city that demonstrates that all surface irrigation activities will be in compliance with the requirements of Section 8.10.110(C)(4).

4. POAs. Conditions, covenants and restrictions to be filed with the subdivision plat which include the creation of a property owners’ association in order to oversee compliance with applicable excavation and grading restrictions as identified in Section 8.10.100. For residential development within source areas, property owners’ associations will have the responsibility of reviewing, approving, and overseeing the implementation of irrigation plans for residential areas as required by Section 8.10.110.

5. Materials and Water Management. In single family use developments, the requirements set forth in Sections 8.10.100 and 8.10.110 will apply to all activities leading up to and including initial home construction, including placement of clean fill, lot grading, and landscaping to the extent completed prior to the issuance of a certificate of occupancy.

6. Certificate of Occupancy. In order to receive a certificate of occupancy for a single family use dwelling, the developer or owner must demonstrate to the city that the final depth of surface cover meets or exceeds the CUP approved depth.

1. For all activities after initial home construction that require a building permit which involve excavations exceeding the CUP approved depth, a materials management plan will be required as part of the Midvale City building permit and inspection process. The city will oversee implementation of the materials management plan. All building permit applicants requiring a materials management plan must retain, at their sole cost, a special inspector as defined in Section 8.10.030(BB). Prior to issuance of a certificate of occupancy by the Midvale City building official, the owner or developer will submit a certification that final depth of surface cover meets or exceeds the CUP approved depth.

2. Subject to Section 8.10.100(I), all materials from excavations deeper than the demarcation layer (including slag materials) will be segregated to prevent mixing with the surface cover soils and will be managed, and demarcation materials and surface covers replaced, in accordance with Section 8.10.100.

1. In single family use areas where the CUP approved depth is equal to or greater than four feet it is not expected that individual homeowners will engage in non-permitted excavation activities that will exceed the depth of the surface cover material. However, homeowners will be required to manage materials excavated from beneath demarcation layers, including slag materials, as provided in Section 8.10.100. However, no additional institutional controls will apply to excavation activities not otherwise subject to building permits in these areas.

2. In residential areas subject to institutional controls where the CUP approved depth is less than four feet, the following institutional controls will apply to certain activities that do not otherwise require a building permit: