8.10.160 Bingham Junction North Zone B and Jordan Bluffs East—Single family use development.
A. Scope. The following controls have been developed to permit single family use development on the Bingham Junction North Zone B and Jordan Bluffs East property in areas where the EPA has determined that the original native soil layer may contain contaminants at levels exceeding EPA action levels. These areas are depicted in the document included here as Figure E attached to the ordinance codified in this chapter. In such areas, a surface cover of at least twenty-four inches must be in place for single family use and the following institutional controls will apply. Additional surface cover may also be installed, or unrestricted future use may be achieved by performing a sampling removal process similar to that approved by the EPA and the UDEQ previously in Bingham Junction North. Any plan to achieve unrestricted future use must be approved and overseen by the UDEQ and the EPA.
B. New Single Family Use Developments. As part of the city’s small area master plan process, developments including single family use will be subject to the following additional requirements:
1. CUP Approved Depth. At the time that the CUP for the small scale master plan is granted, the city will identify the depth of surface cover for the specific development (“CUP approved depth”). The CUP approved depth will be a uniform depth of surface cover equal to the most shallow surface cover area located within the relevant development area. Grading plans will indicate the depth of surface cover on residential and recreational lots.
2. CC&Rs. Conditions, covenants and restrictions to be filed with the subdivision plat which include the creation of a property owners’ association and nonbuilding permit excavation and grading restrictions (applicable to periods after initial home construction) as identified in Section 8.10.150 and subsection (B)(4) of this section.
3. New Home Construction. The following additional institutional controls will apply to all single family use construction in areas of the Bingham Junction North Zone B and Jordan Bluffs East property where the EPA has determined that the native soils may contain contaminants exceeding applicable EPA cleanup levels:
a. Special Inspector. All building permit applicants for construction of a single family use residential unit 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 special inspector will submit a certification that final surface cover depth meets or exceeds the CUP approved depth.
b. Materials Management. All materials from excavations deeper than the CUP approved depth (“restricted materials”) shall be subject to a materials management plan. All materials will be segregated to prevent mixing with the surface cover; except that any excavated materials that the special inspector certifies do not contain contaminants at levels above EPA action levels will not be considered “restricted materials.” All restricted materials will be (i) placed back in the excavation (where feasible) at or below the applicable depth, compacted as appropriate, and the surface cover replaced at an elevation not less than the original CUP approved depth; (ii) relocated to areas within the Bingham Junction North property intended for uses other than residential; or (iii) disposed of in an RCRA Subtitle D landfill.
4. Excavation Activities Requiring Building Permit after Initial Home Construction. For all activities after initial home construction that require a building permit and involve excavations below the CUP approved depth, a materials management plan and a special inspector will be required as part of the Midvale City building permit and inspection process. The special inspector will oversee implementation of the materials management plan.
a. Special Inspector. All building permit applicants for construction work within residential areas will be required to retain, at their sole cost, a special inspector as defined in Section 8.10.030(BB). The special inspector will certify to the city that the applicable institutional controls set forth in this chapter (as then applicable to such property and activity) have been followed in connection with such construction activities.
b. Materials Management. All materials from excavations deeper than the CUP approved depth (“restricted materials”) will be segregated to prevent mixing with the surface cover; except that any excavated materials that the special inspector certifies do not contain contaminants at levels above EPA action levels will not be considered “restricted materials.” All restricted materials will be (i) placed back in the excavation (where feasible) at or below the applicable depth, compacted as appropriate, and the surface cover replaced at an elevation not less than the original CUP approved depth; (ii) relocated to areas within the Bingham Junction North property intended for uses other than residential; or (iii) disposed of in an RCRA Subtitle D landfill.
5. Activities Not Subject to Building Permit Requirement.
a. In single family use areas subject to this section, where the CUP approved depth is equal to or greater than four feet, no additional institutional controls will apply with respect to excavations not otherwise subject to building permits.
b. In single family use areas subject to this section, where the CUP approved depth is less than four feet, the following additional controls will apply to excavations exceeding the CUP approved depth where no building permit is otherwise required:
i. All property owners must submit a landscape and, if applicable, grading plan to the POA prior to beginning any landscaping or grading activities. The POA shall ensure that the CUP approved depth is maintained and preserved through the landscaping process.
ii. All grading activities which result in a final area with less than the CUP approved depth are prohibited. Importation of surface cover will be required to achieve desired landscaping elevations. (Ord. 6/26/2007O-8 § 1 (Exh. A (part)))