17.56.070 Requirement to submit a geotechnical report and environmental assessment (ea) or an environmental impact statement (EIS), as necessary.
1. If the D.R.C. determines that no concern identified in Section 17.56.020 and no unsafe physical condition described in Section 17.56.060 appears to exist in relation to the proposal and property it impacts, the development may proceed as proposed, subject to all other requirements of this code.
2. If a landowner or applicant for a proposed action or development is not already required by another section of this code to complete and provide a geotechnical report to the D.R.C., and the D.R.C. is unable to readily determine whether any of the concerns identified in Section 17.56.020 or the unsafe physical conditions described in Section 17.56.060 exist in relation to the subject property, the D.R.C. shall:
a. require the landowner or applicant to submit such further information about the physical and environmental characteristics of the property that the D.R.C. determines is necessary to enable the D.R.C. to complete the preliminary determination described in Section 17.56.060;
b. withhold completion of the determination described in Section 17.56.060 until the required information has been received; and
c. after reviewing and considering the additional information about the physical and environmental characteristics of the property provided by the landowner or applicant, determine whether or not any of the concerns identified in Section 17.56.020 or any of the unsafe physical conditions described in Section 17.56.060 appear to exist in relation to the subject property.
3. If the D.R.C. determines that any of the concerns identified in Section 17.56.020 or any of the unsafe physical conditions described in Section 17.56.060 appear to exist in relation to the subject property, the applicant shall submit a geotechnical report as required by Chapter 17.57, Hillside Protection District, and shall comply with the remainder of this chapter.
4. Any geotechnical reports and other reports that may be required or received by the D.R.C. pursuant to this chapter shall consider and address all recommendations in any reports prepared by the Utah Geological Survey (UGS) in relation to the subject property. The geotechnical report shall indicate distances from fault lines and other geologic hazards within which building construction shall not be allowed. In no reports have been prepared by the UGS in relation to the subject property, the applicant shall consult with the appropriate UGS official, obtain comments addressing the geologic conditions affecting the area, and provide those comments to the D.R.C.
5. If, after completing the process described in Section 17.56.060 and reviewing any geotechnical reports and other information required by the D.R.C. or by this code, the D.R.C. determines that a proposed development poses a substantial risk in impacting soils, ground cover, or the environmental condition of the property or surrounding properties, the D.R.C. shall require the applicant to complete and submit an Environmental Assessment (EA) as contemplated by 40 C.F.R. Section 1051.4 (1991). The EA shall also consider and address the concerns identified in Section 17.56.020 and the unsafe physical conditions identified in Section 17.56.060.
6. If, after reviewing the EA, the D.R.C. determines that the proposed action or development is substantially likely to have a significant environmental impact on the property or on adjacent properties, or to be impacted by an unsafe geologic condition, the applicant shall complete an Environmental Impact Study (EIS) as contemplated by 43 U.S.C.A. Section 4332. The EIS required by this section shall, at a minimum, include a detailed statement on:
a. The unsafe geologic conditions that may affect the property and the probability that those conditions will detrimentally impact the proposed development or surrounding properties within fifty (50) years from the date of the statement;
b. The environmental impact of the proposed action, including a projected “worst case scenario” of the detrimental effects the proposed action or development may have on the safety and environmental stability of the property and adjacent properties;
c. Any adverse environmental effects that cannot be avoided should the proposal be implemented;
d. Alternative to the proposed action or development;
e. The relationship between proposed short-term and long-term uses of the subject property and the maintenance and enhancement of long-term geologic and environmental stability;
f. Any irreversible geologic and environmental consequences that are substantially likely to result from the proposed action or development; and
g. The initial and ongoing infrastructure requirements and economic costs to residents of the proposed development and to the city of providing utility, emergency, and municipal services to the proposed development and its residents. (Ord. 99-13, adopted, 2000)