Park City, Utah

11-19- 3. ADMINISTRATIVE AND JUDICIAL REMEDIES.

11-19- 4. RECOVERY OF CODE ENFORCEMENT FEES AND COSTS.

TITLE 11 - BUILDING AND BUILDING REGULATIONS

CHAPTER 1 - DEFINITIONS

11- 1- 1. DEFINITIONS.

(A) APPEAL. A request for a review of the Building Official's interpretation of any provision of this Title or a request for a variance.

(B) APPROVED TOPSOIL. New topsoil is required to be tested and cannot exceed the following: lead 200 ppm; as determined by testing a representative sample at a state certified laboratory using the method described in Mine Tailings, below. Results reported as received, not dry weight.

(C) AREA OF SHALLOW FLOODING. A designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three fee; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

(D) AREA OF SPECIAL FLOOD HAZARD. The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

(E) BASE FLOOD. The flood having a one percent chance of being equaled or exceeded in any given year.

(F) CONSTRUCTION SITE. The property, whether fenced or unfenced, involved in the construction of any building or structure as shown on the approved site plan, and such additional contiguous area owned or controlled by the owner of contractor of the project that is used for construction related work or activities such as staging, material storage, equipment storage, soil stock piling and similar activities.

(G) CONSTRUCTION WORK. The performance of any labor, delivery of any materials, operation of any power tool or motorized equipment on any construction site.

(H) CONSTRUCTION MITIGATION PLAN. A plan that is submitted to the Chief Building Official that includes mitigation details on site specific projects.

(I) DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

(J) FLOOD OR FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters and/or

(2) The unusual and rapid accumulation of runoff of surface waters from any source.

(K) FLOOD INSURANCE RATE MAP. The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

(L) FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

(M) HAZARDOUS WASTE. Any tailings, soil, or other material which exceeds the action level of lead at 1000 ppm for the purpose of this Title shall be considered hazardous waste. The testing to be done according to the method described in Section Q, Mine Tailings, below.

(N) LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Title.

(O) MANUFACTURED HOME. A structure, transportable in one or more sections, which is built onto a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. This term also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. The use of manufactured homes is controlled by the Land Management Code of Park City.

(P) MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(Q) MINE TAILINGS. Any soil which has the following lead concentration: Lead 1000 parts per million (ppm) or greater, as determined by using the Standard Method 15th Edition 302 [Nitric Acid Digestion] analysis by Atomic Absorption Spectrometer Standard. Method 303. Results reported as dry weight.

(R) MOBILE HOME. A structure that is transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. The use of mobile homes is controlled by the Land Management Code of Park City.

(S) NEW CONSTRUCTION. Structures for which the "start of construction" commenced on or after the effective date of this Title.

(T) OWNER. The individual, corporation, partnership or other entity who has requested or caused construction work to be performed on a construction site.

(U) PERSON. Every natural person, firm, co-partnership, association, or corporation.

(V) PROSPECTOR. That area of Park City described in Section 11-15-1 .

(W) START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure.

(X) SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

(1) before the improvement or repair is started; or

(2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure; the term does not, however, include either:

(a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

(b) any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places, or any alteration of a structure listed in the Mining Boom Era Thematic Nomination to the National Register of Historic Places.

(Y) TYPES OF CONTRACTORS. As an illustrative list of contractors subject to the provision of this Title, but not in limitation thereof, the following types of contractors, and all others engaged in related work are subject to the provisions of this Title: General contractors, specialty contractors of all kinds, such as, but not limited to those engaged in the business of installing, repairing, or otherwise performing services in connection with: Acoustical tile and roof decking; awnings, storm doors, and windows; air conditioning, dry-heating, sheet metal; boilers, steam fitting, carpentry; cement and concrete; ceramic tile; cabinet and millwork; composition floor, countertops, tile; carpet; drywall; elevator installation; electrical; excavating and grading; fencing; floor coverings; fire prevention (structural); furnaces and burners; glazing; industrial piping; iron and bronze (ornamental); insulation; landscaping; lathing, lawn sprinklers; masonry; mosaic tile and terrazzo; overhead doors; painting and paper hanging; pest control (structural); plastering; plumbing and wet-heating; roofing and siding; swimming pool; signs; stone masonry; sewer installation; steel reinforcing and erection; tanks (structural); waterproofing; weatherstripping; welding; wrecking and demolition; wood floor laying and finishing.

(Z) VARIANCE. A grant of relief from the requirements of this Title which permits construction in a manner that would otherwise be prohibited by this Title.

CHAPTER 2 - IN GENERAL

11- 2- 1. BUILDING INSPECTOR - APPOINTMENT AND REMOVAL.

There shall be a Chief Building Inspector who shall be appointed by the City Manager and shall serve under the direction of the City Manager.

(Amended by Ord. No. 06-87)

11- 2- 2. BUILDING INSPECTOR - DUTIES.

The Chief Building Inspector shall be responsible for the enforcement of the building code, residential code, mechanical code, fuel gas code, electrical code, plumbing code, energy conservation code, housing code, abatement of dangerous building code, all special hazards codes which may now or hereafter be adopted, and the zoning code of the City.

(Amended by Ord. No. 06-87)

11- 2- 3. BUILDING INSPECTOR ADDITIONAL DUTIES.

The Building Official shall also be known as the Building Inspector and shall in addition to the provisions of the International Building Code have the duty of administering and enforcing the provisions of the Housing Code, Abatement of Dangerous Building Code, and Electrical Code, Plumbing Code, Uniform Sign Code, Mechanical Code and Fire Code. Additionally, he or she shall be charged with the inspection and enforcement of the provisions set forth with regard to all buildings and structures, in accordance with the manner provided for in each of the above adopted codes. Where necessary, properly appointed health officers acting in behalf of the City are hereby authorized to make such inspections as may be required to enforce the provisions of any of the applicable codes.

(Amended by Ord. No. 02-32)

11- 2- 4. BUILDING INSPECTOR - STOP ORDERS.

Whenever any work is being done contrary to the provisions of this Code or of any code adopted by any provisions of this Code, the chief building inspector shall order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done. It shall be unlawful for any person to fail or refuse to obey such order.

CHAPTER 3 - BUILDING CODE AND RESIDENTIAL CODE

11- 3- 1. INTERNATIONAL BUILDING CODE AND INTERNATIONAL RESIDENTIAL CODE ADOPTED.

The International Building Code and International Residential Code, 2006 edition, establishing rules and regulations for the design, construction quality of materials, use and occupancy, location and maintenance of building and structures, as adopted by the International Code Council, is hereby adopted as the Building Code of Park City, together with Rule R156-56 of the Utah Administrative Code, and the following Amendments.

(A) Appendix Chapter E, located in the appendix of the International Building Code are adopted and incorporated herein with an Amendment to Appendix J as follows: Except as specified in Section J 103.1 of this section, no person shall do any grading or removing or grubbing existing vegetation without first having obtained a grading permit from the Building Official. Appendix Chapter P located in the Appendix of the International Residential Code, 2006 edition.

(B) BUILDING PERMIT FEES. A fee for each building permit shall be paid to the Building Official as set forth by fee resolution as adopted by the Park City Council.

(C) SECTION 901.2 AUTOMATIC FIRE EXTINGUISHING SYSTEMS. Is hereby amended by adding the following wording:

PURPOSE. The purpose of this section is to establish minimum standards to safeguard life, health, property, public welfare and to protect the owners and occupants of structures within Park City by regulating and controlling the design and construction of buildings and structures.

(Amended by Ord. Nos. 02-32; 06-87)

11- 3- 2. AUTOMATIC FIRE EXTINGUISHING SYSTEMS.

The following newly constructed structures of buildings used for or to be used for human occupancy shall have an automatic fire extinguishing system installed in conformity with the requirements of the International Fire Code Section 903.1 and the following amendments:

(A) All new construction having more than 6,000 square feet on any floor.

(B) All new construction having more than two stories.

(C) All new construction in the Historic Commercial Business zone district, regardless of occupancy.

(D) All new construction and buildings in the General Commercial zone where there are no side-yard setbacks or where one or more of the side yard setbacks are less than two and one-half feet per story of height.

(Amended by Ord. Nos. 02-32; 06-87)

CHAPTER 4 - MECHANICAL CODE AND FUEL GAS CODE

11- 4- 1. MECHANICAL CODE AND FUEL GAS CODE.

The International Mechanical Code and Fuel Gas Code, 2006 edition establishing rules and regulations for the design, construction quality of materials, use and occupancy, location and maintenance of building and structures, as adopted by the International Code Council is hereby adopted as the Mechanical Code of Park City.

(Amended by Ord. Nos. 02-32; 06-87)

CHAPTER 5 - UNIFORM HOUSING CODE

11- 5- 1. HOUSING CODE.

The Uniform Housing Code, 1997 edition, printed as code in book form, and adopted by the International Conference of Building Officials (providing minimum requirements for the protection of life, limb, health, safety and welfare of the general public and the owners and occupants of residential buildings is hereby adopted as the Housing Code of Park City.

(A) APPLICATION. The provisions of the Housing Code shall apply to all buildings or portions thereof used, or designed for or intended to be used for human habitation. Occupancies in existing buildings may be continued as provided in Section 3402 of the International Building Code, except as to those structures found to be substandard as defined in the Housing Code.

(B) VIOLATIONS. It shall be unlawful for any person, firm or corporation whether as owner, lessee, sublessee, or occupant to erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises or cause or permit the same to be done, contrary to or in violation of any of the provisions of Housing Code or any order issued by the Building Official pursuant thereto.

(C) PERMITS AND INSPECTIONS. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or cause or permit the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Official in the manner and according to the applicable conditions prescribed in the Housing Code.

(Amended by Ord. No. 02-32)

CHAPTER 6 - UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS

11- 6- 1. ADOPTION OF A CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS.

The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, printed as a code in book form and adopted by the International Code Council, providing for a just, equitable and practicable method whereby buildings or structure which from any cause endanger the life, limb, health, morals property, safety or welfare of the general public or their occupants, may be required to be repaired, vacated, or demolished, is hereby adopted as the Abatement of Dangerous Buildings Code for Park City.

(Amended by Ord. No. 02-32)

CHAPTER 7 - PLUMBING CODE

11- 7- 1. ADOPTION OF INTERNATIONAL PLUMBING CODE.

The International Plumbing Code, 2006 edition, as promulgated by the International Code Council, is hereby approved and adopted as the plumbing code of Park City. Section 106.1 of the International Plumbing Code is amended as follows:

(A) PLUMBING PERMITS. No new construction, alterations, or additions to existing plumbing shall be installed without first obtaining a permit and a fee paid according to Park City's Fee Resolution .

(B) PLUMBING INSPECTIONS. The Building Official shall perform all functions of plumbing inspection and shall, among other things, inspect the construction, installation and repair of all plumbing fixtures and appliances and apparatus connected with a plumbing system which are installed within the limits of Park City and shall require that they conform to the provisions of the Plumbing Code.

(Amended by Ord. Nos. 02-32; 06-87)

CHAPTER 8 - ELECTRICAL CODE

11- 8- 1. ADOPTION OF NATIONAL ELECTRICAL CODE.

The National Electrical Code, 2005 edition, as adopted by the National Fire Protection Association printed as a code in book form is hereby approved and adopted as the electrical code of this City, including all Park City and state amendments which are incorporated herein by this reference.

(A) ELECTRICAL INSPECTION. The Building Official shall perform all functions of electrical inspection and shall, among other things, inspect the construction, installation, and repair of all electrical light or power wiring, fixtures, appliances or apparatus installed within he limits of this municipality and shall require that they conform to the provisions of the Electrical Code. The Building Official shall follow as to electrical work the procedures relating to enforcement and safety as are established by the International Building Code.

(B) PERMITS, INSPECTIONS AND FEES. No alterations or additions shall be made in existing wiring, nor shall any new wiring be installed or any apparatus which generates, transmits, transforms or utilizes any electricity be installed without first obtaining a permit therefor. Applications for such permit, describing such work, shall be made in writing. The fee for electrical permits shall be as set forth in the Park City Fee Resolution.

(Amended by Ord. Nos. 02-32; 06-87)

CHAPTER 9 - FIRE CODE

11- 9- 1. INTERNATIONAL FIRE CODE.

The International Fire Code, 2006 edition, as promulgated by the International Code Council is hereby adopted as the Fire Code of Park City with the following amendments to Section 304.1:

APPENDIX P shall read as follows:

AP101 Fire Sprinklers. An approved automatic fire sprinkler system shall be installed in new one and two-family dwellings and townhouses in accordance with Section 903.3.1 of the International Building Code.

(A) REMOVAL OF DEBRIS. All debris created from a fire shall be removed and the property restored to normal condition within ninety (90) days after the fire or as soon as the property is released by the State Fire Marshal, the Park City Building Official, or insurance adjuster, whichever is later. In the event the debris is not cleared, such debris shall be declared a nuisance and removed by the City at the expense of the property owner.

(B) ADMINISTRATION AND ENFORCEMENT. The Building Official shall be responsible for the administration and enforcement of the Fire Code and shall, among other things, enforce all state statutes and local ordinances and/or regulations pertaining to:

(1) the prevention of fires;

(2) the suppression or extinguishing of dangerous or hazardous fires;

(3) the storage, use and handling of explosives flammable, toxic, corrosive, and other hazardous gaseous, solid and liquid materials;

(4) the installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment;

(5) the maintenance and regulations of fire escapes;

(6) the maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures, and other property including those under construction;

(7) the means and adequacy of each exit in the event of fire, from factories, school, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, amphitheaters, and all other places in which people work, live or congregate from time to time for any purposes; and

(8) the investigation of the cause, origin and circumstances of fire.

(C) REQUIRED PERMITS. All applications for permits required by the Fire Code shall be made to the Building Official in such form and detail as he shall prescribe. All applications for permits shall be accompanied by such plans as required by the Building Official and fees paid as per the Fee Resolution.

(Amended by Ord. Nos. 02-32; 06-87)

11- 9- 2. AUTHORITY AND DUTY OF POLICE PERSONNEL TO ASSIST IN ENFORCEMENT.

Whenever requested to do so by the Building Official, the Chief of Police shall assign such available police offices as in his discretion may be necessary to assist the Building Official in enforcing the provisions of this Code.

CHAPTER 10 - UNIFORM SIGN CODE

11-10- 1. UNIFORM SIGN CODE ADOPTED.

The Uniform Sign Code, 1997 edition, as adopted by the International Conference of Building Officials and printed as a code in book form is hereby approved and adopted with the following amendment to table 4-B as the Uniform Sign Code of this City:

TABLE 4-B - PROJECTION OF SIGNS

CLEARANCE MAXIMUM PROJECTION (feet)

x 304.8 for mm x 304.8 for mm

<8

8

8 to 16

>16

Not permitted

3

1 plus 0.5 for each foot of clearance >8

5

CHAPTER 11 - RIGHT OF ENTRY

11-11- 1. RIGHT OF REASONABLE ENTRY.

Whenever necessary to make an inspection to enforce any of the provisions of any code adopted pursuant to this Title, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises unsafe, substandard, or dangerous, as defined in the applicable sections of the codes, any condition that makes such building or premises dangerous, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the Building Official, provided that:

(A) If such building or premises be occupied, he shall first present proper credentials and demand entry; and

(B) If such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

11-11- 2. FAILURE OR NEGLECT TO PROMPTLY PERMIT ENTRY PROHIBITED.

No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to any provisions of any of the codes adopted pursuant to this Title.

CHAPTER 12 - FEES

11-12- 1. PAYMENT OF FEES.

Whenever a fee is required by this Title or any schedule or resolution adopted by the City pursuant to this Title, such fees shall be paid to the Finance Department.

11-12- 2. BUILDING PERMIT FEES.

A fee for each building permit, electrical permit, plumbing permit, mechanical permit, and fire permit shall be paid to the city in such amount as shall be established from time to time by resolution duly enacted by the governing body.

The determination of value or valuation under any of the provisions of the International Building Code as adopted by the City Council, shall be made by the Building Official on the basis of the ICBO Building Standards, subject to the approval of the City Manager.

(Amended by Ord. No. 02-32)

11-12- 3. PLAN CHECK FEES.

A fee, as established by resolution, for the review and approval of building construction plans by the Building Department shall be paid to the Building Official.

On buildings requiring plan checks at the time of building permit application, the applicant shall pay a deposit which is established by resolution. This deposit shall be credited against the plan check fee when the permit is issued. This deposit is non-refundable in the event permits are not issued.

11-12- 4. PROJECT APPLICATION OR RE-SUBMISSION FEES.

The Planning Department shall charge a fee for the review and consideration of all projects that require planning review under the Land Management Code. The fee shall be based on the number of unit equivalents applied for as defined in the Land Management Code, subdivision lots or commercial area applied for, provided, however, that payment of the fee based on a specific number of units or commercial area shall not guarantee approval of that number of units or that number of square feet upon completion of the review process. There shall be no refund of the difference in the fees paid if fewer units or less commercial space is approved than was applied for. Re-submission of projects on which a conditional use approval has lapsed shall be accepted only upon payment of a new application fee. The application and re-submission fees shall be as set forth by resolution.

11-12- 5. CONDOMINIUM CONVERSION, TIMESHARE.

The fees prescribed in this Title for Plan Check, Project Application Fees, and Water Development and Connection Fees shall not be assessed against projects which are before the Planning Department and Planning Commission for the sole purpose of obtaining plat approval to submit a previously approved structure to condominium ownership, or to convert an existing structure to a timeshare condominium, provided the following conditions are met:

(A) No substantial changes are being proposed to the structure itself as a part of or incidental to the change in the form of ownership;

(B) No change in use is proposed, other than the change from single ownership to timeshare use where applicable;

(C) The structure was either a permitted or approved conditional use at the time of construction; and

(D) The structure is in a zone which allows timeshare ownership as a conditional use, if timeshare ownership is proposed.

The fee, as established by resolution, for plat review for this condominium or timeshare conversion shall be assessed per habitable dwelling unit within the proposed condominium, exclusive of units not included within the conversion, for residential and transient lodging units, and per thousand square feet of non-residential or commercial space. All other fees prescribed by this Title shall apply as the service is required. Additional water connection fees shall be assessed if the meter capacity or water service to the building is increased as a result of the change in ownership. This Title shall not be construed as waiving the conditional use review process for timeshare conversions established by the Land Management Code.

(Amended by Ord. No. 02-32)

11-12- 6. MODIFICATION OF PLANS.

After a development project has been placed on the agenda of the Planning Commission, or Historic District Commission, where applicable, for final approval, or in the case of a phased project which has received project site plan approval, no substantial modifications shall be made by the developer except upon payment of a fee as established by resolution per habitable dwelling unit or per 1,000 square feet of commercial space for each unit or commercial area affected by the modification. On developments requiring approval by the planning staff only, and not by the commissions, the modification fee shall apply after the staff has given final approval of the project. This fee for plan modification shall apply to modifications made at the request of the developer, and not to modifications which are requested or required by the planning staff, Planning Commission or Historic District Commission.

11-12- 7. BOARD OF ADJUSTMENT.

All applications for consideration of any project by the Board of Adjustment shall be accompanied by a fee as established by resolution to defray the costs of technical review, posting of notice and other administrative costs incurred in the application and review.

11-12- 8. REVIEW TEAM FEES.

For the technical review provided by the city staff of all development projects, a fee as established by resolution for staff review team meetings shall be charged by the Planning Department and billed monthly to developers who have projects under review.

11-12- 9. ENGINEERING AND ATTORNEY'S FEES.

Each developer of any building project, subdivision or other construction which the City deems to require the services of the City Engineer or the City Attorney, shall reimburse the City for the City's actual costs for such services.

11-12-10. OTHER PROFESSIONAL SERVICES.

Each developer of any building project, subdivision or other construction which the City deems to required professional services not available by the City staff, shall reimburse the city for the City's actual costs for such services as mutually agreed upon by the developer and the City.

11-12-11. CONSTRUCTION INSPECTION.

Prior to receiving a building permit, a notice to proceed or plat approval, developers shall pay a fee equal to six percent (6%) of the estimated construction cost as determined by the City Engineer. The City Engineer's estimate shall be based on standard costs derived from nationally recognized and accepted sources for construction costs and approved by the City Manager. The fee shall be used for plan review and inspection services on all improvements, appertaining to the primary structures including but not limited to streets, curb and gutter, sidewalks, water and storm drainage, and all other improvements, in Section 200 of the Park City Design Standards. All such improvements shall be built to City standards found in the Park City Design Standards, Construction Specifications and Standard Drawings, adopted by ordinance.

The fees listed above are for typical construction projects requiring typical inspections during normal City business hours. For projects which require extraordinary plan review and inspection services, the City, upon notice to the developer, may charge the developer a fee as set by resolution to recoup costs to the City above the fee charged. The City may also charge an hourly rate re-inspections of work previously rejected.

(Amended by Ord. No. 02-32)

11-12-12. ADDITIONAL FEES.

The fees described in this Title are in addition to building permit fees for plumbing, electrical, mechanical, grading and excavation, demolition, signage, street cuts, and other fees set by resolution.

11-12-13. EXCEPTIONS.

Any part of any of the fees included in this Title may be waived by the City Council upon the recommendation of the City Manager, for those projects which are deemed to serve a beneficial public purpose that would be harmed by the City requiring payment of such fees, such as low income housing projects. Applications for exceptions are to be filed with the Building Official at the time a permit is requested.

11-12-14. APPROVALS WITHHELD.

The City Manager is authorized to refuse to allow any building permit to be issued, or subdivision or condominiumization to be approved until the developer has complied with the provisions of this Title.

11-12-15. FEE ADJUSTMENTS.

The fees established in this Title may be amended, changed, adjusted, or waived from time to time by motion of the City Council. The City Manager is authorized to reduce or waive fees on public or non-profit projects, projects deemed to serve a beneficial public purpose, provided that no waiver or reduction of fees totaling more than one hundred dollars ($100) on any one project may be waived without City Council approval. Building related fees shall not be assessed against building projects owned by the City based on the contract.

(Amended by Ord. No. 02-32)

11-12-16. PUBLIC PARKING FACILITY.

The payment for spaces in a publicly constructed parking facility, in lieu of providing on-site parking within the HCB and HRC zones shall be as set by resolution and charged per stall. The payments, together with interest earned thereon, shall be used by the City for the construction or acquisition of parking structures within the Swede Alley area between Hillside and Heber Avenues.

11-12-17. PENALTY.

Any person that fails to pay the fees required by this Title is guilty of a Class B misdemeanor. The Building Official may issue stop work orders on projects with past due fees, and the Council may withhold plat approval.

(Amended by Ord. No. 95-35)

CHAPTER 13 - IMPACT FEES

11-13- 1. DEFINITIONS.

The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise:

(A) BUILDING PERMIT. The permit required for any Development Activity, as defined herein, and pursuant to Chapter 11-3 et seq. of the Municipal Code of Park City, Utah.

(B) CONSTRUCTION VALUE. The value of construction per square foot used by the Park City Building Department to determine plan check and Building Permit fees, multiplied by the area of Development Activity

(C) DEPARTMENT. The Community Development Department.

(D) DEVELOPMENT ACTIVITY. Any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land, which is accompanied by a request for a Building Permit.

(E) DIRECTOR. The Director of Community Development or his/her designee.

(F) ENCUMBER. To reserve, set aside or otherwise earmark, the Impact Fees in order to pay for commitments, contractual obligations or other liabilities incurred for Public Facilities.

(G) IMPACT FEE. Any fee levied pursuant to this chapter as a condition of issuance of a Building Permit. "Impact Fee" does not include fees imposed under Section 11-12 of the Municipal Code.

(H) INDEPENDENT FEE CALCULATION. An impact fee calculation prepared by a fee payer to support assessment of an Impact fee different from any fee set forth herein.

(I) OWNER. The owner of record of real property, or a person with an unrestricted written option to purchase property; provided that, if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the Owner of the real property.

(J) PARKS, TRAILS AND OPEN SPACE IMPACT FEE. The impact fee imposed as a condition precedent to a Building Permit that is used to offset the proportionate impact of the Development Activity on the need for the planning, design, engineering, acquisition, financing and construction of City-owned parks, trails and open space

(K) PROJECT IMPROVEMENT. Site improvements and facilities that are planned and designed to provide service for the Development Activity and are necessary for the use and convenience of the users of the development resulting from the Development Activity.

(L) PUBLIC FACILITY. Any structure built by or for, or maintained by, a governmental entity.

(M) PUBLIC SAFETY FACILITIES IMPACT FEE. The impact fee imposed as a condition precedent to a Building Permit that is used to offset the proportionate impact of the Development Activity on the need for the planning, design, acquisition, engineering, financing and construction of public safety facilities.

(N) STREETS AND STORM WATER IMPACT FEE. The impact fee imposed as a condition precedent to a Building Permit that is used to offset the proportionate impact of the Development Activity on the need for the planning, design, engineering, acquisition, financing and construction of additional street and storm water management facilities.

(O) SYSTEM IMPROVEMENT. Public Facilities identified in the 2003 Capital Facilities Plan and Impact Fee Analysis, the 2003 Water Capital Facilities Plan and Analysis, that are not Project Improvements.

(P) WATER CONNECTION IMPACT FEE. The impact fee, calculated as an expression of new equivalent residential units (ERUs), to assess the impact of indoor Development Activity, and increased area of irrigated landscape (to assess the impact of outdoor Development Activity), imposed as a condition precedent to a Building Permit that is used to offset the proportionate impact of the Development Activity on the need for the planning, design, engineering, acquisition, financing and construction of water delivery systems.

(Q) WATER IMPACT FEE. The impact fee, calculated as an expression of new equivalent residential units (ERUs), to assess the impact of indoor Development Activity, and increased area of irrigated landscape, to assess the impact of outdoor Development Activity, imposed as a condition precedent to a Building Permit that is used to offset the proportionate impact of the Development Activity on the need for the acquisition and transfer of water rights and points of diversion and the planning, design, engineering, acquisition, financing and construction of physical sources to realize those water rights.

(Amended by Ord. No. 96-12; 01-37; 03-05; 04-27)

11-13- 2. ASSESSMENT AND CALCULATION OF IMPACT FEES.

(A) ASSESSMENT OF IMPACT FEES. The City shall collect the following Impact Fees from any applicant seeking a Building Permit:

(1) Parks, Trails, Open Space, Public Safety Facilities, Streets and Storm Water Facilities Impact Fees:

2005 PCMC IMPACT FEE ANALYSIS UPDATE

NEW CONSTRUCTION

Parks, Trails, Open Space. Single Family Average Unit $3,855.00; Single Family Unit Less Than 3,000 sq. ft. $1,925.00; Single Family Unit More Than 5,000 sq. ft. $5,780.00; Duplex & Multi-Family Average Unit $3,150.00; Duplex & Multi-Family Unit Less Than 2,000 sq. ft. $1,575.00; Duplex & Multi-Family Unit More Than 4,000 sq ft. $4,725.00; Hotel Room Average Unit $2,005.00; Hotel Room Unit Less Than 750 sq. ft. $1,000.00; Hotel Room Unit More Than 2,000 sq. ft. $3,005.00; Commercial N/A; Light Industrial N/A

Police. Single Family Average Unit $605.00; Single Family Unit Less Than 3,000 sq. ft. $300.00; Single Family Unit More Than 5,000 sq. ft. $910.00; Duplex & Multi-Family Average Unit $495.00; Duplex & Multi-Family Unit Less Than 2,000 sq. ft. $245.00; Duplex & Multi-Family Unit More Than 4,000 sq ft. $740.00; Hotel Room Average Unit $315.00; Hotel Room Unit Less Than 750 sq. ft. $155.00; Hotel Room Unit More Than 2,000 sq. ft. $470.00; Commercial $555.00; Light Industrial $445.00

Roadway Facilities. Single Family Average Unit $315.00; Single Family Unit Less Than 3,000 sq. ft. $155.00; Single Family Unit More Than 5,000 sq. ft. $470.00; Duplex & Multi-Family Average Unit $290.00; Duplex & Multi-Family Unit Less Than 2,000 sq. ft. $145.00; Duplex & Multi-Family Unit More Than 4,000 sq ft. $435.00; Hotel Room Average Unit $170.00; Hotel Room Unit Less Than 750 sq. ft. $85.00; Hotel Room Unit More Than 2,000 sq. ft. $255.00; Commercial $410.00; Light Industrial $320.00

Total. Single Family Average Unit $4,775.00; Single Family Unit Less Than 3,000 sq. ft. $2,380.00; Single Family Unit More Than 5,000 sq. ft. $7,160.00; Duplex & Multi-Family Average Unit $3,935.00; Duplex & Multi-Family Unit Less Than 2,000 sq. ft. $1,965.00; Duplex & Multi-Family Unit More Than 4,000 sq ft. $5,900.00; Hotel Room Average Unit $2,490.00; Hotel Room Unit Less Than 750 sq. ft. $1,240.00; Hotel Room Unit More Than 2,000 sq. ft. $3,730.00; Commercial $965.00; Light Industrial $765.00

ADDITIONS

Parks, Trails, Open Space. Single Family 0-500 sq. ft. NA; Single Family 501-1500 sq. ft. $480.00; Single Family 1501-3000 sq. ft. $960.00; Single Family 30001-5000 sq. ft. $1,925.00; Single Family More than 5000 sq. ft. $3,855.00; Duplex & Multi-Family 0-500 sq. ft. NA; Duplex & Multi-Family 501-1000 sq. ft. $390.00; Duplex & Multi-Family 1001-2000 sq ft. $785.00; Duplex & Multi-Family 2001-4000 sq. ft. $1,575.00; Duplex and Multi-Family More than 4000 sq. ft. $3,150.00; Hotel Room 0-200 sq. ft. NA; Hotel Room 201-750 sq. ft. $500.00; Hotel Room 751-2000 sq. ft. $1,000.00; Hotel Room More than 2000 sq. ft. $2,005.00; Commercial N/A; Light Industrial N/A

Police. Single Family 0-500 sq. ft. NA; Single Family 501-1500 sq. ft. $75.00; Single Family 1501-3000 sq. ft. $150.00; Single Family 3001-5000 sq. ft. $300.00; Single Family More than 5000 sq. ft. $605.00; Duplex & Multi-Family 0-500 sq. ft. NA; Duplex & Multi-Family 501-1000 sq. ft. $60.00; Duplex & Multi-Family 1001-2000 sq ft. $120.00; Duplex & Multi-Family 2001-4000 sq. ft. $245.00; Duplex and Multi-Family More than 4000 sq. ft. $495.00; Hotel Room 0-200 sq. ft. NA; Hotel Room 201-750 sq. ft. $75.00; Hotel Room 751-2000 sq. ft. $155.00; Hotel Room More than 2000 sq. ft. $315.00; Commercial $0.55; Light Industrial $0.44

Roadway Facilities. Single Family 0-500 sq. ft.NA; Single Family 501-1500 sq. ft. $35.00; Single Family 1501-3000 sq. ft. $75.00; Single Family 3001-5000 sq. ft. $155.00; Single Family More than 5000 sq. ft. $315.00; Duplex & Multi-Family 0-500 sq. ft. NA; Duplex & Multi-Family 501-1000 sq. ft. $35.00; Duplex & Multi-Family 1001-2000 sq ft. $70.00; Duplex & Multi-Family 2001-4000 sq. ft. $145.00; Duplex and Multi-Family More than 4000 sq. ft. $290.00; Hotel Room 0-200 sq. ft. NA; Hotel Room 201-750 sq. ft. $40.00; Hotel Room 751-2000 sq. ft. $85.00; Hotel Room More than 2000 sq. ft. $170.00; Commercial $0.41; Light Industrial $0.32

Total. Single Family 0-500 sq. ft. $0.00; Single Family 501-1500 sq. ft. $590.00; Single Family 1501-3000 sq. ft. $1,185.00; Single Family 3001-5000 sq. ft. $2,380.00; Single Family More than 5000 sq. ft. $4,775.00; Duplex & Multi-Family 0-500 sq. ft. $0.00; Duplex & Multi-Family 501-1000 sq. ft. $485.00; Duplex & Multi-Family 1001-2000 sq ft. $975.00; Duplex & Multi-Family 2001-4000 sq. ft. $1,965.00; Duplex and Multi-Family More than 4000 sq. ft. $3,935.00; Hotel Room 0-200 sq. ft. $0.00; Hotel Room 201-750 sq. ft. $615.00; Hotel Room 751-2000 sq. ft. $1,240.00; Hotel Room More than 2000 sq. ft. $2,490.00; Commercial $0.96; Light Industrial $0.76

(2) Water Impact Fee Schedule:

Non-Residential Water Impact Fees

PROPERTY TYPE EDU FLOOR AREA FEE

Assembly (without Fixed Seats) (per occupant) (per occupant) (per occupant)

Bar 0.0125 7 $ 288

Restaurant 0.0219 7 $ 505

Theater, Auditorium, Church 0.0031 7 $ 71

Assembly (with Fixed Seats)

Bar 0.0125 NA $ 288

Restaurant 0.0219 NA $ 505

Theater, Auditorium, Church 0.0031 NA $ 71

Office 0.0094 100 $ 217

Educational

Classroom 0.0156 20 $ 360

Shop/Vocational 0.0156 50 $ 360

Exercise Area 0.0156 50 $ 360

Hotel/Motel 0.0938 580 $2,162

Industrial Calculated Calculated

Institutional

Inpatient Treatment 0.1563 240 $3,603

Outpatient Treatment 0.0031 Calculated

Sleeping Area 0.0031 Calculated

Other Calculated Calculated

Retail 0.007 60 $ 161

Swimming Pool or Skating Rink

Rink or Pool Area 0.0063 50 $ 145

Decks Calculated Calculated

Warehouse Calculated Calculated

Parking Garage Calculated Calculated

Government Calculated Calculated

Library

Reading Area Calculated Calculated

Stack Area Calculated Calculated

RESIDENTIAL INDOOR WATER IMPACT FEES

Size (SF) <1000 1001-1500 1501-3000 3001-4500 4501-6000 >6000

Fee $3,574 $5,359 $7,145 $8,931 $10,718 $12,504

RESIDENTIAL OUTDOOR (LANDSCAPING) WATER IMPACT FEES

Irrigated

Area (SF) 0-2000 2001-4000 4001-6000 6001-8000 8001-10000 >10000

Fee $2,996 $5,762 $8,759 $11,525 $14,521 $1441 per

1000 SF

(Amended by Ord. Nos. 96-12; 01-37; 03-05; 05-37; 07-35)

11-13- 3. OFFSETS.

(A) A fee payer can request that an offset or offsets be awarded to him/her for the value of a required System Improvement identified in the Capital Facilities Plan and Impact Fee Analysis, the Water Capital Facilities Plan and Analysis.

(B) For each request for an offset or offsets, unless otherwise agreed, the fee payer shall retain an appraiser approved by the Department to determine the value of the

System Improvement provided by the fee payer.

(C) The fee payer shall pay the cost of the appraisal.

(D) After receiving the appraisal, the Director shall provide the applicant with a letter or certificate setting forth the dollar amount of the offset, the reason for the offset, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the offset may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the Director before the Impact Fee offset will be awarded. The failure of the applicant to sign, date, and return such document within sixty (60) days shall nullify the offset.

(E) Any claim for offset must be made not later than the time of application for Building Permit. Any claim not so made shall be deemed waived.

(F) Determinations made by the Director pursuant to this section shall be subject to the appeals procedure set forth in Section 11-13-6 below.

(Amended by Ord. No. 96-12)

11-13- 4. WAIVER.

The City Council may waive Impact Fees for:

(A) Construction of Affordable Housing, up to $5,000 per unit;

(B) Construction of a Public Facility.

11-13- 5. APPEALS.

(A) A fee payer may appeal the Impact Fees imposed or other determinations which the Director is authorized to make pursuant to this Chapter. However, no appeal shall be permitted unless and until the Impact Fees at issue have been paid.

(B) Appeals shall be taken within ten (10) days of the Director's issuance of a written determination, by filing with the Department a notice of appeal specifying the grounds for the appeal, and depositing the necessary fee, which is set forth in the existing fee resolution for appeals of land use decisions.

(C) The Department shall fix a time for the hearing of the appeal and give notice to the parties in interest. At the hearing, any party may appear in person or by agent or attorney.

(D) The Hearing Officer is authorized to make findings of fact regarding the applicability of the Impact Fees to a given Development Activity, the availability or amount of the offset, or the accuracy or applicability of an Independent Fee Calculation. The decision of the Hearing Officer shall be final, and may be appealed to the Third Judicial District Court for Summit County.

(E) The Hearing Officer may, so long as such action is in conformance with the provisions of this Chapter, reverse or affirm, in whole or in part, or may modify the determinations of the Director with respect to the amount of the Impact Fees imposed or the offset awarded upon a determination that it is proper to do so based on principles of fairness, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have the powers which have been granted to the Director by this Chapter.

(F) Where the Hearing Officer determines that there is a flaw in the Impact Fee program or that a specific exemption or offset should be awarded on a consistent basis or that the principles of fairness require amendments to this Chapter, the Hearing Officer shall advise the City Attorney as to any question or questions that the Hearing Officer believes should be reviewed and/or amended.

11-13- 6. IMPACT FEE ACCOUNTS.

(A) Impact Fees shall be earmarked specifically and deposited in special interest-bearing Accounts. The fees received shall be prudently invested in a manner consistent with the investment policies of the City.

(B) Funds withdrawn from these Accounts must be used in accordance with the provisions of Section 11-13-8 below. Interest earned on the Impact Fees shall be retained in each of the Accounts and expended for the purposes for which the Impact Fees were collected. Money in these Accounts shall not be commingled with other funds.

(C) Impact Fees shall be disbursed, expended, or encumbered within six (6) years of receipt, unless the Council identifies in written findings an extraordinary and compelling reason or reasons for the City to hold the fees beyond the six-year period. Under such circumstances, the Council shall establish the period of time within which Impact Fees shall be expended or encumbered.

11-13- 7. REFUNDS.

(A) If the City fails to disburse, expend, or Encumber the Impact Fees within six (6) years of when the fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to Section 11-13-7(C) below, the current Owner of the property on which the Impact Fees have been paid may request a refund of such fees. In determining whether Impact Fees have been disbursed, expended, or Encumbered, such fees shall be considered disbursed, expended, or Encumbered on a first in, first out basis.
(B) Owners seeking a refund of Impact Fees must submit a written request for a refund of the fees to the Director within 180 days of the date that the right to claim the refund arises.

(C) Any Impact Fees for which no application for a refund has been made within this 180 day period shall be retained by the City and expended on type of Public Facilities.

(D) Refunds of Impact Fees under this section shall include any interest earned on the Impact Fees.

(E) When the City seeks to terminate any or all components of the Impact Fee program, any funds not disbursed, expended, or Encumbered from any terminated component or components, including interest earned shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination, and the availability of refunds, in a newspaper of general circulation at least two (2) times. All funds available for refund shall be retained for a period of 180 days. At the end of the 180 day period, any remaining funds shall be retained by the City, but must be expended on the type of public facilities for which they were collected.

(F) The City shall refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees attributable to the particular development activity, within one (1) year of the date that right to claim the refund arises, if the development activity for which the impact fees were imposed did not occur, no impact resulted, and the owner makes written request for a refund within 180 days of the expiration or abandonment of the permit for the development activity.

(G) A property owner is eligible to receive a rebate of up to fifty percent (50%) of the paid exterior water impact fee, and if approved, construction and landscape plans include installation of a drip irrigation system and drought tolerant landscaping in the area of disturbance. A completed application form, and irrigation plan must be submitted to the Planning Department for review and approval.

(Amended by Ord. No. 04-27)

11- 13- 8. USE OF FUNDS.

(A) Pursuant to this Chapter, impact fees:

(1) Shall be used for public facilities that reasonably benefit the new development; and

(2) Shall not be imposed to make up for deficiencies in public facilities serving existing developments; and

(3) Shall not be used for maintenance or operation of public facilities.

(B) Impact fees may be used to recoup costs of designing, constructing and/or acquiring public facilities previously incurred in anticipation of new growth and development to the extent that the development activity will be served by the previously constructed improvements or the incurred costs.

(C) In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public facilities for which impact fees may be expended, impact fees may be used to pay debt service on such bonds, or similar debt instruments, to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the development activity.

(Amended by Ord. No. 96-12)

11- 13- 9. INDEPENDENT FEE CALCULATIONS.

(A) If a fee payer believes that a fee should be charged, other than the impact fees determined according to this Chapter, then the fee payer shall prepare and submit to the Director an independent fee calculation for the impact fee(s) associated with the development activity for which a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. The Director is not required to accept any documentation which the Director reasonably deems to be inaccurate, unsubstantiated, or unreliable and may require the fee payer to submit additional or different documentation prior to the Director's consideration of an independent fee calculation.

(B) Any fee payer submitting an independent fee calculation shall pay an administrative processing fee, per calculation, of one hundred dollars ($100).

(C) Based on the information within the Director's possession, the Director may recommend, and the City Manager is authorized to adjust, the impact fee to the specific characteristics of the development activity, and/or according to principles of fairness. Such adjustment shall be preceded by written findings justifying the fee.

(D) Determinations made by the Director pursuant to this section may be appealed subject to the procedures set forth herein.

CHAPTER 14 - REGULATING HOURS OF WORK AND STORAGE OF MATERIALS AND EQUIPMENT ON CONSTRUCTION SITES

11- 14- 1. POLICY.

IIt is the policy of Park City to require construction activity on buildings to occur entirely within an approved space, including the storage of materials and equipment, and also accumulation and disposition of construction related refuse.

11- 14- 2. FENCING OF PUBLIC RIGHT-OF-WAY.

IIn those zones, which permit construction of buildings up to property lines or within five feet (5') of property lines, leaving a very limited or no setback area, the building official may permit construction fences to be built across sidewalk area where there are sidewalks, or into the parking lane of the street where there is no sidewalk. Where street width will permit, in the judgment of the building official, the construction fence shall also provide a temporary sidewalk area, which may be built in the parking lane of the street. Any sidewalk built as a part of a construction site fence must be covered with a structural roof, which complies with Section 3306 of the International Building Code. The international Nuilding Code requirements for construction of a temporary sidewalk may be reduced or waived by the Building Official whrer conditions will not permit the full four foot (4') width. The location of fencing within the public way and the determination of whether to require sidewalk shall be made by the Building Official, subject to review by the City Manager, In the event that changes i parking regulations are required by the construction of such a fence, the Police Chief is authorized to post signs prohibiting or otherwise regulating parking in the area adjoining the construction site.

(Amended by Ord. No. 02-32)

11- 14- 3. CONSTRUCTION CONFINED TO APPROVED AREA.

All construction work, including the storage of construction materials, supplies, temporary offices, tools, machinery, trash containers and construction vehicles shall be confined to the approved area at all times, except as follows:

(A) Delivery trucks may park outside the approved areas for a period not in excess of one hour for the purpose of loading or unloading materials and equipment. On Main Street, Heber Avenue and Swede alley delivery trucks are subject to the additional requirements of Title 9, Parking Code, which regulates delivery vehicles in these locations.

(B) Cranes, concrete pumps and similar equipment that cannot be placed within the approved area because of space or access limitations on the site, shall not block traffic lanes on the streets without first having given the Police Department twenty-four (24) hours written notice of the intent to block the street and receiving written permission to block the street from the Police Chief or his designee. The notice of intent shall designate the duration of the blockage and its location. The Chief of Police has the authority to make temporary changes in parking regulations to keep traffic blockage to a minimum.

11- 14- 4. CONSTRUCTION MITIGATION PLANS.

A construction mitigation plan shall be required to be submitted and approved by the Community Development Department, for all building permits. The Community Development Department may waive this requirement for minor remodels, additions and interior construction where the impact on adjacent property is minimal. This plan shall be written and shall address, to the satisfaction of the Community Development Department:

(A) HOURS AND DAYS OF OPERATION. The construction mitigation plan shall specify the daily construction start and finish times. The hours of construction activity is regulated in Section 11-14-6 for normal construction activity. Construction activity occurring outside of the times specified in Section 11-14-6 may only be allowed by special permit issued by the Building Official or the City Engineer.

(B) PARKING. The constructionmitigation plan shall include a parking plan.Construction vehicle parking may be restricted to one (1) side of the street at construction sites so as to not block reasonable public and safety vehicle access along streets and sidewalks. Construction parking in paid or permit only parking areas require the Public Works Department review and approve a parking plan. The plan shall also include anticipated temporary parking, e.g. delivery vehicles, large equipment parking. Any street closures require an approved permit from the Building Department and the Police Department.

(C) DELIVERIES. The construction mitigation plan shall identify proposed delivery locations and routes. Deliveries of construction materials and supplies including concrete may be regulated as to time and routing if such deliveries will cause unreasonable noise, parking, or access issues. In order to reduce the number of delivery trips to construction sites, the stockpiling of materials on or near the site may be required. In the case of multiple construction sites in close proximity, a common materials storage and staging site may be required.

(D) CONSTRUCTION PHASING. Due to the narrow streets, small lot configuration, topography, traffic circulation, weather, construction parking and material staging problems, projects in the Historic District and other areas of the City may be required to be phased if more than one project is under construction in close enough proximity to create public safety or nuisance problems. In cases where phasing is deemed necessary by the Community Development Department, the first project to receive a building permit shall have priority, however, the Building Official shall have the authority to phase projects as necessary to assure efficient, timely and safe construction.

(E) TRASH MANAGEMENT AND RECYCLING. Construction sites shall provide adequate storage and a program for trash removal.

(F) CONTROL OF DUST AND MUD ON STREETS. A program for the control of dust or other airborne debris shall be required. Provision must be made to eliminate the tracking of mud on streets and a program shall be required to remove any such mud daily.

(G) NOISE. Construction activity shall not exceed the noise standards as specified in Section 6-3-9 of this Code.

(H) GRADING AND EXCAVATION. Because of the truck hauling involved in grading and excavation, restrictions on trucking routes as well as the hours of operation may be necessary to mitigate the adverse impacts from such operations.Destination and total cubic yards of excavated material shall be noted.

(I) EROSION CONTROL PRACTICES. Because of Park City's implemented Storm Management Plan, construction projects will need to identify drainage areas and planned Best Management Practices ("BMPs") to control erosion and off-site migration of soils. Some common BMPs for controlling soil erosion include but are not limited to the following:

(1) Installation of slit fences or straw bales within drainage channels.

(2) Minimal soil disturbance within drainage areas.

(3) Blown straw media within the drainage.

(4) Detention basins.

(5) Retention ponds.

The intent of employing Erosion Control BMPs on a construction project is to protect water quality within Park City.

(J) CONSRUCTION SIGN REQUIREMENTS. A sign, indicating the name of the party responsible for the construction project shall be posted in a location where such sign is readable from the street or driveway to the construction site. The sign shall not exceed twelve square feet (12 sq. ft.) in size, six feet (6') in height and shall not exceed a letter type of four inches (4").

Information on the sign shall include, at a minimum:

(1) Name, address and phone number of contractor.

(2) Name, address, and phone number of person responsible for the project.

(3) Phone number of party to call in case of emergency.

No additional fee is required for this sign.

(K) LIMITS OF DISTURBANCE FINANCIAL GUARANTEE. A financial guarantee established per policy to assure adequate vegetation and landscaping of areas within Limits of Disturbance ("LOD") shall be required prior to construction. The financial security shall be $0.75 per square foot of the site within the LOD, excluding the permitted structure, driveways, decks, and other hard surfaced areas of the approved site plan. The City Manager has the authority to exempt pre-existing disturbed areas per interest of the public to mitigate existing disturbance. The LOD financial guarantee shall be reimbursed with the approval of the final landscape inspection.

(Amended by Ord. No. 02-32)

11- 14- 5. TOILET FACILITIES AND CONTAINERIZED TRASH SERVICE REQUIRED.

(A) All construction sites, including duplexes, single family homes and remodeling projects, shall be required to obtain and maintain on the site a container of suitable size and design to hold and confine trash, scraps, and other construction related refuse created or accumulated on the site. All such construction refuse shall be maintained in a closed container at all times, until transferred to the landfill. Containers may be placed in setback areas, provided that the placement of the container does not obstruct the view of motorists on adjoining streets and thereby create traffic hazards.It shall be unlawful to permit accumulated debris, litter, or trash on any construction site to blow or scatter onto adjoining properties, including the public street or to accumulate on the site outside of the container, or on transit to the landfill or dump. The owner or contractor shall service the container as frequently as needed to prevent trash from over-flowing.

(B) All construction sites shall have permanent toilets, or an approved temporary toilet facility positioned in a location approved by the Building Department, at the rate of one toilet per fifteen on-site employees (1-15 employees = one toilet, 16-30 employees= two toilets and so on).

11- 14- 6. HOURS AND DAYS OF WORK.

(A) Unless otherwise specified in a Conditional Use Permit or construction mitigation plan, in all zoning Districts throughout the City construction work shall be allowed between the hours 7 AM and 9 PM Monday through Saturday. Construction shall be allowed in all zoning districts throughout the City between the hours of 9 AM and 6 PM on Sundays. In individual Construction Mitigation Plans, the Building Official may further reduce the hours or days of work for special events or as other circumstances may reasonably warrant. When work is prohibited, no exterior construction, excavation or delivery of supplies and concrete are allowed.Interior work, however, may be allowed Monday through Sunday, with no limitation on hours for the following types of construction:

(1) Interior work on individual single-family home construction or addition projects not involving materials or supply delivers.

(2) Construction of decks, patios, landscape walls less than four feet (4') in height, and fences on individual single-family lots.

(3) Non-mechanized exterior painting on individual single-family residences.

(4) Non-mechanized landscaping on individual single-family residences.

(5) Survey work not involving grading or use of power equipment to cut vegetation.

(B) EXTENDED HOURS SPECIAL PERMIT. The Building Official may authorize extended hours for construction operations or procedures which, by their nature, require continuous operation or modify or waive the hours of work on projects in generally isolated areas where the extended hours do not impact upon adjoining property occupants. In such cases, the Building Official shall issue a special permit identifying the extended hours. The contractor shall display the special permit on site.

(B) SPECIAL EVENT REGULATIONS. The Building Official and/or Police Chief may, at their discretion, restrict construction activity, including governmental or special improvement agencies, in order to assure the public safety during special events within the City. Special events shall include, but not be limited to the Art Festival, Film Festival, ski events, and holiday events.

(Amended by Ord. No. 02-32)

11- 14- 7. RELATIONSHIP TO INTERNATIONAL BUILDING CODE.

This Chapter shall be construed as being supplemental to the International Building Code as adopted. The technical requirements of the Building Code are not altered by this Chapter and to the extent there is any conflicting provision between this Chapter and the International Building Code, the more restrictive provision shall apply. The Building Official shall have the authority to alter specific technical requirements of the International Building Code, 2000 Edition or the International Fire Code to suit unique circumstances, which might arise within Park City due to site specific conditions or narrow or steep streets.

11- 14- 8. ENFORCEMENT AND PENALTIES.

This Chapter shall be primarily enforced by the Building Official, with the assistance of the Police Department. When probable cause exists to believe a violation has been committed, the Building Official may issue a stop work order on any construction project until the violation is eliminated or the court finds that no violation exists. Persons violating this Chapter individually or through their employees are guilty of a Class "B" misdemeanor.

(Amended by Ord. No. 02-32)

CHAPTER 15 - PARK CITY LANDSCAPING AND MAINTENANCE OF SOIL COVER

11- 15- 1. AREA.

This Chapter shall be in full force and effect only in that area of Park CIty, Utah, which is depicted in the map below and accompanied legal description, hereinafter referred to as the Soils Ordinance Boundary.

MAP OF SUBJECT TO LANDSCAPING AND TOPSOIL REQUIREMENTS
(ORIGINAL MAP AMENDED BY THIS ORDINANCE NO. 06-13 ON FILE IN THE CITY RECORDER'S OFFICE) and described as follows:

Beginning at the West 1/4 Corner of Section 10, Township 2 South, Range 4 East, Salt Lake Base & Meridian; running thence east along the center section line to the center of Section 10, T2S, R4E; thence north along the center section line to a point on the easterly Park City limit line, said point being South 00°04'16" West 564.84 feet from the north 1/4 corner of Section 10, T2S, R4E; thence along the easterly Park City limit line for the following thirteen (13) courses: North 60°11'00" East 508.36'; thence North 62°56' East 1500.00'; thence North 41°00' West 30.60 feet; thence North 75°55' East 1431.27'; thence North 78°12'40" East 44.69 feet; thence North 53°45'47" East 917.79 feet; thence South 89°18'31" East 47.22 feet; thence North 00°01'06" East 1324.11 feet; thence North 89°49'09" West 195.80 feet; thence South 22°00'47" West 432.52'; thence South 89°40'28" West 829.07 feet; thence North 00°09'00" West 199.12 feet; thence West 154.34 feet to a point on the west line of Section 2, T2S, R4E; thence south on the section line to the southerly right-of-way line of State Road 248; thence westerly along said southerly right-of-way line to the easterly right-of-way line of State Route 224, also known as Park Avenue; thence southerly along the easterly line of Park Avenue to the west line of Main Street; thence southerly along the westerly line of Main Street to the northerly line of Hillside Avenue; thence easterly along the northerly line of Hillside Avenue to the westerly line of Marsac Avenue, also known as State Route 224; thence northerly along the westerly line of Marsac Avenue to the westerly line of Deer Valley Drive; thence northerly along the westerly line of Deer Valley Drive, also known as State Route 224, to the southerly line of Section 9, T2S, R4E; thence easterly to the west line of Section 10, T2S, R4E; thence northerly to the point of beginning.

Spriro Annexation Area Legal Description:

A parcel of land located in Summit County, Utah, situated in the southeast quarter of Section 8, Township 2 South, Range 4 East, Salt lake Base and Meridian, being more particularly described as follows:

Beginning at a point that is South 396.80 feet and West 1705.14 feet from the East quarter corner of Section 8, Township 2 South, Range 4 East, Salt Lake Base and Meridian, said point being a 5/8" rebar on the westerly right-of-way line of Three Kings Drive