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Show s4 s.: ' 1 B-16 The Park Record Saturday, May 20, 20C0 3 Legal Notices. 3 Mil public or private water supply system received Summit County approvals based on initial source capacity ca-pacity ratings and performance per-formance of their respective respec-tive sources as per the Utah State Division of Dnnking Water (DDW) rules and regulations; and WHEREAS, the scope of Summit County developments, develop-ments, including both current cur-rent and future phases, are reviewed and processed proc-essed as per the initial or current water source capacity ca-pacity rating criteria; and WHEREAS, the State of Utah DDW does not have rhe resources or funds to continually monitor the future fu-ture performance or long term output of rated water sources, nor do they require re-quire such; aid WHEREAS. WHERE-AS. Summit County does not currently monitor long term water source capacities, capaci-ties, and WHEREAS, Summit County may adopt water supply regulations regu-lations more strict than those of the DDW if the public health, safety, and welfare warrants such; and WHEREAS, the County public health, safety, and welfare is in jeopardy if the current or future performance of a water supply source begins be-gins to detenorate in a quantity or quality manner man-ner and WHEREAS, the growth outlook and infrastructure infra-structure demand pressures pres-sures tor Summit County continues to increase at alarming rates; and WHEREAS, this current spnng water season and runoft penod is one of the dnest seasons on record; and WHEREAS, existing property owners and users of wter m areas jeopardized by water quantity and quality issues approach the County regularly reg-ularly regarding their concerns con-cerns and safety; and WHEREAS, many of the aquifers in the Snyderville Basin are of the fractured bedrock type, and studies conducted by the Utah Geologic Survey and the U.S.G.S indicate a defined de-fined compartn-ientafea-tion and limited production capacity in certain areas; and WHEREAS, the operation oper-ation or quality of many public and private water systems may be directly or indirectly affected by the operation of other adjacent ad-jacent water systems: and WHEREAS, aquifers that have been overworked are showing the effects of continual degradation and "mining" of their water resources, re-sources, and WHEREAS, Summit County currently requires all water supply infrastructure and development devel-opment to be timed and constructed concurrently with new growth or water demands and desires to extend this concurrency doctnne !o systems with source capacity deficiencies deficien-cies that need improvements: improve-ments: and WHEREAS, periodic and continual testing, reevaiuation, and monitoring of existing water wa-ter wells and other sources sour-ces will provide valuable planning information to the County and help alleviate alle-viate potential water cn-sis's cn-sis's and future Natality in the Snyderville Basin; and WHEREAS, development of a comprehensive water conservation program can directly enhance the profitability prof-itability and viability of a water source concurrency program, protect from drought periods, and enhance en-hance the County stream water quality; and WHEREAS, the Board of County Commissioners is authorized - pursuant to Utah Code Annotated (UCA) 17-27-404, as amended, to adopt an ordinance or-dinance establishing temporary tem-porary zoning regulations for any part or all of the arts within the County to be effective for a period not to exceed six (6) months; and WHEREAS, the Board of County Commissioners Com-missioners finds that there is a compelling, countervailing counter-vailing public interest to properly regulate development develop-ment ii areas that are, or may be adversely impacted impact-ed by water source capacity: ca-pacity: NOW, THEREFORE, THERE-FORE, the County Legislative Legis-lative Body of Summit County, State of Utah, ordains or-dains as follows: Sjcjioj) 1 - Title. This Ordinance shall be known as the Temporary Zoning Regulation Regu-lation Ordinance of Wcsi-err. Wcsi-err. Summit County for Water Supply Concurrency Concurren-cy Assessments ("Concurrency ("Concur-rency Ordinance"). S Mon 2 - Applicability The scope of this Ordinance Ordi-nance applies to afl unincorporated unin-corporated areas on the Western side o! Summit County (the Snyderviie Basin Planning District and the proposed Promontory Prom-ontory Project) serviced by any public and private water systems, including special service dstricta of the County, whether wholesale or retail water customers, including areas served by municipalities munici-palities outside of their corporate boundaries. Private Pri-vate or Public as used in this Ordinance means profit and non-profit systems, sys-tems, including all mutual water systems or public systems of any nature and any amount of connections. connec-tions. This Ordinance applies ap-plies to all sources of surface sur-face and groundwater, including in-cluding wells, springs, or tunnels. Section 3 -Findings. The Board of County Commissioners hereby makes the following follow-ing findings: (1 ) The existing exist-ing State of Utah DDW regulations are inadequate inade-quate when addressing the long-term effects of pumping vulnerable or sensitive compartmentalized compartmental-ized bedrock aquifer systems, sys-tems, more typical in the Snyderville Basin of Summit Sum-mit County. (2) There is extraordinary and continuing continu-ing growth throughout the County which has created an immediate need to adopt a strict water supply concurrency assessment program. (3) Because growth has outstripped certain water source and system abilities to concurrently concur-rently maintain an equal or greater source and system sys-tem capacity service, areas of the County and specifically in the Snyderville Snyder-ville Basin are currently experiencing or facing water wa-ter shortages, moratoriums, moratori-ums, and quality problems. prob-lems. (4) The study and re-evaluation of the capacity ca-pacity and sustainability of water sources needs to be reestablished in cclam areas, thus forming better criteria for Bie sate planning, plan-ning, design, and development develop-ment of homes, subdivisions, subdivi-sions, and other projects. (5) The health, safety, and welfare of current and future fu-ture residents of the County are jeopardized without careful water source concurrency assessments as-sessments and testing at critical and regular intervals inter-vals and thai this constitutes consti-tutes a compelling, countervailing coun-tervailing public interest under UCA 17-27-404 (1Xa)(i). Western Land EquJtie.,. Inc. v. City of Login. 617 P.2d 388 (Utah 1980). and the Reserved Re-served Legislative Powers Section ' of all Development Develop-ment ' Agreements and Consent Agreements entered en-tered into by Summit County. (6) The adoption of this temporary zoning regulation will promote the health, safety, and weifare of the entire County. (7) A conservation program will enhance the concurrency program by reducing water wa-ter waste, create an unused un-used or reserved virtual reservoir of water, protect aquifers from over production, produc-tion, minimize urban runoff run-off and associated pollutants, pollu-tants, decrease fertilized and irrigated land, promote pro-mote water saving landscape land-scape designs, and provide pro-vide an insurance policy against drought periods. (8) Due to the current water wa-ter problems in the Sny-derviHe Sny-derviHe Basin and to include in-clude the expectation that this is one of the driest seasons on record, the Board of Commissioners declares this to be an emergency. Section 4 -Temporary Regulations. (1) Definitions. The following fol-lowing defined terms are used throughout this Ordinance: Ordi-nance: a SfiUiefieicJ: ft. Source capacity as used in this Ordinance means the water quantity requirements capable of meeting peak daily flow (in gpm and gpd) and average) yearty flow (in acre-feet per year) requirements re-quirements for a community commun-ity water system, factoring indoor and outdoor Irrigation Irriga-tion demands. The calculations calcu-lations wil be broken into zones, or sub-distncts for accounting purposes within with-in the system where multiple multi-ple sources sarve multiple or distinct service areas. This definition applies to all groundwater sources (including weds, springs, or tunnels), as wet as surface sur-face water sources. For purposes of this Ordinance Ordi-nance the definition also extends to system capacity, capaci-ty, or the capacity of the pipelines, pumping and treating facilities, storage tanks and other related facilities fa-cilities to deliver the required re-quired source capacity to the end customer service connection or meter, b. Enurvstont Pftnttal Connection or (ERCV A term oornrnonfy used tr evaluate service connections connec-tions lo consumers other than tie typical residential ctomicile. PubNc and private pri-vate water system management man-agement is expected to review metered drinking water volumes delivered to non-residential connector connec-tor and estimate the eqrivalent number of residential resi-dential connections that these represent All source capacity data (including (in-cluding residential connections) con-nections) are ultimately reduced to the ERC common com-mon unit for equal treatment treat-ment and comparative statistics. This information is finally utilized in evaluation evalua-tion of the systems source, storage, and delivery de-livery capabilities, c. Average Yearty Demand. The amount of water delivered de-livered to consumers by a public water system during dur-ing a typical year expressed ex-pressed m acre-feet. d. Peak Day Demand. Ths amount of water delivered to consumers by a public water system on the day of highest consumption, generally expressed in gallons per day (gpd). Water systems are sized to deliver safely the peak day demand and flow. This peak day will likely occur during a particularly hot spell in the summer, e. State Division of DrtnK-ing DrtnK-ing Water or DDW. The State of Utah Department of Environmental Quality. Division of Drinking Water. Wa-ter. All water calculations must meet the minimum standards set forth in the current DDW rules and regulations and this Ordinance. Ordi-nance. The State DDW rules do allow for mociifi-cations mociifi-cations to the requirement for outside use of water in areas that can be proven, with County documentation documenta-tion (such as restrictive covenants) that outside watering is prohibited. (2) Restrictions on all Plat Applications and Approvals, Appro-vals, No new applications lor any Plat Approval of any type, including Specially Spe-cially Planned Areas (SPA's), whether initial or future phases of the same, as defined in the Snyderville Basin Development Devel-opment Code or applicable applica-ble development agreement, agree-ment, shatt be accepted, considered, or acted upon by the Snyderville Basin Planning Commission or the Board of County Commissioners Com-missioners without the relevant rel-evant water supplier first presenting to planning staff four (4) copies of a Water Supply Concurrency Concur-rency Assessment Study, and Program (as may be updated from time to time), performed by a qualified Hydrogeotogisi. andor Groundwater Engineering Engi-neering Consultant, following fol-lowing ihe basic criteria established in this Ordinance Ordi-nance and concurred therewith by the County's staff, consultant(s) andor contractors). (3) Restrictions Restric-tions . on all Building ters. No new building permits per-mits will be issued without a water concurrency and availability letter presented present-ed to the County and issued is-sued rom the public or private drinking water system sys-tem providing service to the lot or building on a new revised standard form provided by the County. If the relevant water wa-ter system has not completed com-pleted an approved concurrency con-currency assessment as per paragraph (2) above and this Ordinance, then a building permit shall not be issued to the applicant. The supplier, immediately upon issuance must send a copy of the sequentially numbered water letter to the County. The applicant's appli-cant's letter wiH be matched match-ed to the reserved pre-is-sued copy when present-ed present-ed to the County for a building permit Alt issued letters must be accounted for and copies filed with the county - even cancelled cancel-led letters. This water tetter tet-ter may include, among other items S blowing information: a. A water letter let-ter sequential numbering reference, b. A property lot description and current ownership in-fomvition, in-fomvition, c The current water system name, type, or classification, d. The water rystem zone or tub-district tub-district served by this prcf ect if applicable, e. Approval Appro-val status by the State DDW (including any cor-rectr-e actions), t A certification cer-tification of State DDW regulations compliance and 8wt the available source capacity is in fact deliverable to the end user, g. Reference to the most recent concurrency study completed, h. Beginning Be-ginning balance of the water wa-ter system zona andor sub-district source capacity capaci-ty and the current ERCs and demands serviced thereby (current users and previous issued water letter let-ter commitments). L State DDW approved system source capacity additions fnprovernents) or depte- toe test concurrency study or water tetter (inducing documentation V rxwtfjd), J. Currency applied tor project source demands and ERCs, k. Endtog balance bal-ance of source capacity remaining after protect ap proval (this figure must be earned over to the next sequential water letter beginning be-ginning balance), and !. County Health Department Depart-ment review with approvalcertification. appro-valcertification. (4) WjtfX Supply Coneurvency Assessment As-sessment Criteria and Scpojt. This assessment involves a complete re-evaluation re-evaluation and ra-raSing of system source capacities serving the public Al costs associated with this program wiH be bom by each water system as may be passed to new development. de-velopment. The scope of work tnd assessment criteria cri-teria may be enlarged or expanded as needed on a case by case basis, and as recommended to the County by it's staff and consuftant(s). The purpose pur-pose of the study is to provide to the County criteria cri-teria that wiH be usad to update the carrying or design de-sign capacity of a development devel-opment or area relative to new source safe and sustainable sus-tainable yield rating figures. fig-ures. In no case shall a capacity enlargement from the current State of Utah DDW rating be granted without the State DDW granting the revised or proposed enlargement first. Detailed program protocol, formats, and guidelines for the stvidy may be provided by thfl County, however the basic ba-sic concurrency study wil contain at a minimum the following elements: t. Ap- completed application to begin the concurrency process shall be filed with the County. The application applica-tion shall include a deposit of five hundred (5C0) dollars dol-lars per source to cover County inspection and review re-view costs. If the fes exceeds ex-ceeds the deposit amount, the applicant will be liable for the actual inspection ari review costs. Each future fu-ture amendment or source re-test to the study wiH require re-quire a new application and fee. b, Basic Source Pat and Syttem Protection Pro-tection Inventory. The in-rtial in-rtial study or program data shall include the tcilowmg: i. A detailed and comprehensive compre-hensive initial inventory of the water system capacity, capaci-ty, including current and projected build out defined and eomwtricd into equivalent equiv-alent residential connections connec-tions (ERC's), peak day demands in gpd, peak day flow in gpm, average annual an-nual demands in acre-feet per year, with all calculations calcula-tions showing indoor and outdoor tolgation uses. All calculations will use State of Utah DDW criteria, n. Current water source data for each water source, including in-cluding water right numbers num-bers or purchase contracts, con-tracts, source description of location, types of sources, sour-ces, approved points of uss end diversion, current State capacity ratings, drifting logs, and aquifer location in reference to groundwater compartments compart-ments that may be identified identi-fied by the Utah Geological Geologi-cal Survey, i. An inventory invento-ry of afl reserved outstanding out-standing water availability letter comrnitments showing show-ing tot desenpbons, quantities quan-tities reserved, etc iv. Al irrigated tend, calculated in acres currently being served per system zone or sub-district as wel as future committed source irrigation demands, v. Al current and future snow-making snow-making commitments per system or sub-district, showing demands and system or source impacts, vi. Historical water usage figures for each source, zone, and sub-district and (he entire system combined, com-bined, including acre-feet used per year, average and peak day gpm of each source as wel as average and peak day gpm and gpd of the y-tem y-tem as a whole. Seasonal trends shall be shown as wei. vii. Wel current and historical draw down fig-urea fig-urea as wel as historical pump or delivery volumes, run times or duty cycle csdcuiations. Seasonal trends shal be shown as wel vi. Peak day system pressures at the sources and at key locations throughout the ttstribution system. Include pertinent data from any water system sys-tem models I avaiiatts. ix. Storage system(s) capacity capaci-ty and design, showing al Ge. addffiorsaf emergency, and equalization storage components, including zones or sub-dtetrict areas serviced by each reserve, reser-ve, x. Any rating standards stand-ards to the sysMm has adopted that are more strict tian State DOW reg-uteftone reg-uteftone (in Ms case, swob wm control ratings). xL Source treatment methods and information I applicable, xi. Current narticai tests, including btotoojest tfamfcal (inorganic (inor-ganic and organic), radto-logtoaL radto-logtoaL and wjree age dafeng (if available), xm. Impotant correspondence from the State DDW and Division of Water Rights (State Engineer), including includ-ing compliance notifications, notifica-tions, warnings, actions, and any exemption or variances var-iances issued or applied for. xiv. Self-assessment and health department sanitary surveys if available, availa-ble, xv. Source protection plans, preliminary evaluation evalua-tion reports, and other relevant rel-evant source capacity studies, xvi. Future source and system capital im-provemoni im-provemoni plans end capacities ca-pacities including satus and timing, xvi The most recent consumer confidence confi-dence report if applicable, xvtii. A quarfication statement state-ment of the authors), xix. Other information as the County staff and consultant consul-tant may request, c. Soujcejysessjrwnt ftPd Capacity Testing. Core to the success of the study is the physical water source tests. These' tests require panning and scheduling to correspond to seasonal demands and recharge patterns to achieve ach-ieve the best re'ovant or usable data as directed by the County consultant. A!! tests need to be coordinated coordi-nated with the County in advance to assure inspection inspec-tion and verification. The County wil envelop a detailed de-tailed testing protocol or regimen. The tests in- down Testing. This testing test-ing is used to select pumping and flow rates for constant rate tests, evaluate the efficiency of the wel. and provide a base line data for the well to evaluate potential future fu-ture changes in wel efficiency, effi-ciency, it Constont-Dis- Recovery Testing. Based on the results of the step test, this test is used to provide a long-term pumping pump-ing rate fot each weil. Other Oth-er wel and sources in the area may require monitoring monitor-ing during thase tests to indicate possible connections. connec-tions. L Yearty Periodic Testing and Monrtortng. Tve concurrency program is designed to be more than a single study; it wW be dynamic and updated on rsgulai schedules. This program wifi insure that the. water source can be tested easily in the future on an annual basis and on demand by the water system sys-tem personnel. A standardized standar-dized record keeping system sys-tem will be developed for future periodic monitoring and records wil be made available upon State or County request. Tests may involve flow metering, meter-ing, static wen level measurements meas-urements and wel shut-in pressure tests, wel draw down tests, flow rates, and total production volumes, vol-umes, etc. This data will be used to plot long term well performance trends and used to update the concurrency assessments. assess-ments. A special water quality program may be initiated for future monitoring monitor-ing on a regular basis for Hems such as specific conductance, TDS, turbidity, turbid-ity, major cationsantons. MP A. and tritium age dating. dat-ing. These parameters may signal the need for a future re-evaluation or indicate in-dicate aquifer deterioration, deteriora-tion, damage or surface water influence Rjb mott MoriitQrttg. Some water sources that may be evaluated as sensitive or vulnerable may need continual con-tinual monitoring by the water system telemetry (with data supplied to the County) andor a future County telemetry program connection. The monitored moni-tored parameters could include in-clude constant presaures, wel drawdown values and pumping rates. Springs, tunnels, and other sources sour-ces would involve total source ftow rates and oV verNon rates. Some simple sim-ple water quality parameters parame-ters may also be monitored, moni-tored, such as tatidfty and conductivity. I. rtPUtttd ftfam commit-rnafltt- The analysis shal specify al current and future fu-ture water letter or other development (non-letter) source capacity commitments commit-ments or contracts summarized sum-marized each year from present to five (5) years future f(Qn the data of the analysis. A water system capital improvement plan should also be included, demonstrating ability to service the future commitments com-mitments safety and concurrently. con-currently. The final source capacity ctaterminatJong must account for or factor a! corrantepsnts wrfvn this in (St year window. tint This analyste wN utilize the bate and collected col-lected testing date to develop a new capacfty raflrtg for ihe source and svem(t). Thai new tgurs wa be used by tw County to determine ! tuf- fictent water capacity is available and if infrastructure infrastruc-ture improvements are warranted before develop-meni develop-meni approvals and building build-ing permit issuance. Al current development and building permit approvals must be based on existing infrastructure and weter source capacity available at the time of application or water letter issuance. No development approvals appro-vals or building permits wil be issued if the infra-ftrjetue infra-ftrjetue and water source capacity is not in place and operating as per State DOW or County approvals at the time of application or water letter issuance, h. Source Management Man-agement Policy. A new source management policy poli-cy statement for each evaluated system and zone or sub-district wil be developed to help system managers and operators utilize the newfy evaluated source(s) in a more safe, reliable, and efficient manner. man-ner. This plan may specify better usage patterns and operational characteristics including regular, seasonal, season-al, or scheduled offloading of some sources to prevent pre-vent over utilization or damage within a specific aquifer system or groundwater ground-water compartment. The plan wil be designed as a preventative tool to local management, with the hopes of extending th.i safe use, yield, quality, and value of the newfy evaluated water sources. (5) Preliminary Water Supply Concurrency Antjiysts. It is recognized that a realistic water source concuiivxy plan must include some sea-, sonal tests and demonstrate demon-strate source capacity trends cvr a whoia year. The initial plan may be submitted using historic and in'tial base testing data da-ta if the County concurs with this approach. The initial in-itial plan would be developed devel-oped as a prrdrninary water wa-ter supply concurrency assessment as-sessment and updated as future data becomes aailabift. In order to ut-Kza ut-Kza this option, a strict schedule of project tasks with a completion date must be pre-approved by the County. If trvt preliminary prelimi-nary calculated available ct4tecity is too marginal, this option may not be available. (6) Be-evlua-tton. Any source or system sys-tem evaluated in this program pro-gram may be re-evaluated al a regu'ar interval or as needed if conditions or unexpected trends warrant. war-rant. AH aquifers or groundwater compartments compart-ments are unpredictable and regular updating of the concurrency study or data may be necessary. The County wM review the study each year. In no case shal any concurrency concurren-cy study remain in effect for more than five (5) years without a complete re -evaluation and re-testing regimen if water letters are stW being Issued. The re-evaluation or update involves in-volves the source re-testing regirnen for al sources. sour-ces. Other factors that may trigger a re-evaluation, amendment or update up-date of the most recent concurrency study are: a. County request, based on reported service problems, prob-lems, b. Planned or unplanned un-planned source capacity reductions. C. Long-term drought conditions or trends, d. Water quality degradation or age dating fluctuations, a. When the balance of unused or reserved re-served source capacity as determined by the most recent source capacity re-vttw re-vttw study equals fifteen (IS) percent or less (drought reserve and average to peak day errors) er-rors) of the total system source capacity, f. If he initial or updewd study's) demonstrates an unused or reserved source capacity ca-pacity of fifteen (15) par-cent par-cent or toss, then the study wel be updated on a yearty basis, g. When a new source is added to the system (al sources re-tostnd re-tostnd tor possible groundwater cormec- (7) san Ajore- yjfc. The State DDW and the State Engineer's office may be supplied with a copy of the Concurrency Assessment Program for review and may be asked to comment or concur w the final findngs of toe study. County review and acceptance may be withheld with-held iirrtl State approval Is The toe Source Concurrency Aseeasment Study wa be used to develop a new source capacity rating tor toe system a? wel as a pacify for the selected system sys-tem service area(s). The source capacity ratng cf be compered mi tot cur-tart cur-tart devftetas and appSsd for numar of connections to determine if sufficient water is safely, reliably aid legally, available. If a deficit condition in source to user capacity exists as determined by the assessment assess-ment al buiiding pwrnrK or plat applications wM be placed oi hold until the watw system source(s) and any related inadequate inade-quate delivery system component is brought up to acceptable State and County .standards. Use restrictions re-strictions ami conservation conserva-tion measures may be required re-quired on existing users until the necessary improvements im-provements are completed complet-ed 9) Standard- The concurrericy study and al amendments thereto shatt comply with this Ordinance Ordi-nance and other County standards as may be developed de-veloped or amended from time to time. Information pertinent to developing a usable and conclusive study shal be added to the basic standards listed herein if requested by the County. (10) Disputes, The County consultant must concur with the concurrency con-currency analysis format, methods, procedures, and findings, if there is a dispute dis-pute regarding any part of the study, the County wil submit the data, methods, analysis, and findings for an independent, third party, par-ty, peer review to assist the County in reaching an objective opinion of the source capacity review program. (11) Cofiserva-tion Cofiserva-tion Plan. To enhance th viability of this concurrency concurren-cy program and to protect the stream water quality of the County, al water systems sys-tems that are required to perform the assessment as per this Ordinance, shal present to the County Coun-ty an approved compra-hensive compra-hensive water conservation conserva-tion plan within one (1) yeai from the adoption of this Ordinance. The plan and program shal be concurred con-curred by the County including in-cluding the Health Department Depart-ment and forwarded to the State for review or approval. appro-val. The plan may be developed de-veloped jointly with the County systems to improve im-prove effectiveness and save resources. The plan, at a minimum shatt study or include an educational element tandaoaping restrictions re-strictions or conservation designs, a rate structure that severely penalizes water abusers and rewards re-wards conservers, impact fee and base rates allocated allo-cated or calculated on irrigated irri-gated acreage and gpm peak demands, and shall study (.osstole wastewater re-use. Further, al new developments seeking plat approval or devetop-' devetop-' merit agreements from the County shal show conformance con-formance to the adopted and Implemented conservation conser-vation plans before appro-vaHs). appro-vaHs). If this plan is not submitted within the required re-quired time period, "the total to-tal available source capacity ca-pacity of tha relevant system sys-tem and related, zones or sub-districts shal be reduced re-duced by fifteen (15) percent per-cent (drought reserve), thus reducing reserved or future capacity avasabwty and allocations. (12) Smart Syittma Raquaofc amta. Pubsc or private water syiiems with teas than 15 amnecttons may have certain elements or requirements of this testing test-ing and assessment program pro-gram waived or reduced, inducing any fees contained con-tained herein by the County on a case by case basis. Section B - Term of QdtiMiHja. This ordinance ordi-nance shal remain in effect ef-fect from the earlier of (1) six (6) months from tj effective ef-fective date fosowing adoption by the Board of County Cornmisstoners; or (2) the data of acoptton of the ptfrnanent Coda arrmdmente to the Sry-dervaie Sry-dervaie Basin Development Develop-ment Coda, ftar Mnn a SayaiinSy.. ft is the intent in-tent oi e Stwnmit County Cornrntesiorwrs - that Sk sections and provisions of this Ordnance have an to-dependent to-dependent existence, and should ary I action or provision pro-vision be declared invalid or unconstitutional by a court of competent juns-olcten, juns-olcten, 1 la the Intent of the Summit County Com-mtsston Com-mtsston mat any secson or provision so declared anal be severable from ana snae not maci ww vafidfty of the remainder of tots CTdtoance trti3Z zJS&SZX- Al or parte of which are with this Oldster ice are vmWOf rapMRKI V WW wm cf wwi asjonewsncy. 8actorcJLjsr'-a ta of !hs Sunn County Commission Com-mission M t ocras-tutes ocras-tutes an emactflcy ton- dnton sra ft a for toe trnrnee-ste mi or wm n tteficTX tmtsSjf. and of Summit County and it's inhabitants that thic Ordinance Ordi-nance take effect immediate!' immedi-ate!' upon publication. APPROVED. ADOPTED AND PASSED and ordered or-dered published by the Summit County Board of Commissioners, this 15th day of May. 2000. BOARD OF COUNTY CCHUMISSJOMERS SUMMIT SUM-MIT COUNTY, STATE OF UTAH By. Chairman Commissioner Cone Voted: Vot-ed: Age Commissioner Schifferli Voted: Age. Commissioner Richins Voted: Age. ATTEST Ke die Jors COUNTY CLERK SUMMIT COUNTY, COUN-TY, UTAH APPROVED AS TO FORM: David L Tt arras Deputy County Attorney Summit County. Utal Published hi The Park Record on May 20, 2000. SUMMIT COUNTY ORDINANCE NO. 382 LONG. RIFLE SUBDIVISION SUBDIVI-SION SPA PREAMBLE WHEREAS, this matter came before the Summit County Eoard of Commissioners Commis-sioners hereinafter "County ComrnissionT for consideration of a Specialty Spe-cialty Planned Area hereinafter here-inafter SPA"1 for the Long Rifle Subdivision and related re-lated properties (hereinafter (herein-after "parcel SS-18-11 pursuant to an application submitted by Venna Swal-berg; Swal-berg; and. WHEREAS, parcel SS-13-1. consisting of 18.6 acres shal be rez-oned rez-oned into two kxs (tots 1 & 3), consisting of 12.99 acres and 5.62 acres, herein after referred to as Tot r and "Lot 7T and, WHEREAS, the county Land use Development and Management Act. UCA 17 27-401, 403 & 405 (1953), as amended, as wel as the Snyderville Basin Development Code provide the County Ccm-misskxi Ccm-misskxi with ihe statutory authority to rezone Parcol SS-18-1; and. WHEREAS, WHERE-AS, Venna Swatoerg is the owner of parcel SS-18-1, totaling approximately approxi-mately 18 6 acres of tend located South of Silver Creek Estates, Plat F. saver sa-ver Creek, in the Snyder-vita Snyder-vita Basin of Summit County; and. WHEREAS, Parcel SS-18-1 is currently, current-ly, zoned as deviopment land and sensitive land, and is designated on the Srtydervtile Basin Land Use Maps; and. WHEREAS, WHERE-AS, the opportunity lor a rezone of Parcel SS-18-1 to an SPA Zone district, which designates residential residen-tial density of two stogie famfly tots and has as its purpose at the allowance, at the discretion of Sum-mi Sum-mi County, of AextoiMy in the use of land, site layout lay-out appropriate uses within the property, and project design based upon the best interest of the general health, safety, and welfare of County residents, res-idents, in provided for in Summit County ordinance 323; and. WHEREAS, an appropriate form of development devel-opment Agreement which addresses a more detailed de-tailed level of design plat and site plan review in necessary to implement the SPA Zoning Disfict and, WHEREAS, the Snyderville Sny-derville Basin Planning Commission held a public hearing and work session to consder the Long Rifle application on January 12, 1999 and September 28. 1999. and made positive recommendation to the Board of County Commissioners Commis-sioners on September 28, 1999; and. WHEREAS, a public hearing was held to receive public comment and akow tor Long Rifle Subdivision on and r planning staff to make presentation to toe pubkc and County Commission In regard to toe apptca-kHi apptca-kHi on May 15. 2000: due process having been afforded af-forded to afl who parad-pated; parad-pated; NOW THEREFORE, THERE-FORE, the County Uf tetotrve Body ol the County of Summit, the State of Utah, OftMna as fofcowa; tatftw 1, SPA Rffte lubdtvteton SPA Zona Utetrtct The County Coun-ty Commission speefficaty finds that Venna Swal-berg Swal-berg proposal satisfies fstsJrements for an SPA dasignetion and zone district dis-trict under the Snydarvfle Basin Pevtounianl Coda as amended: and therefore. there-fore. Panel SS-18-1 ahsfi be reamed into two (2) tola, an depicted on Exhfb-8 Exhfb-8 1 of tw Long RMa Sub-dMsion Sub-dMsion SPA Plan and la hereby rezoned from sen aflhw and devetopabte tends to Speciafy Pton-nsd Pton-nsd Area" (SPA), subject to tw neqotlatton of an appropriate from ol a Da-nup"1" Da-nup"1" '- Agissmeia coniltteiil with this OraV esse. The zcrdng to tw SPA designation attorn at-torn for an appropitetc taval at tatdbdy on tw part of Venna Swalberg, ' so long as the develop- 1 merit authorized hereunder hereun-der is undertaken in a marvier that consistent with community goats and object ivies. As such the , County Corprrvsson specifically spe-cifically finds that tha provisions pro-visions of the SnyderWte Basin General Plan have been satisfied. Section 2. Development Agreement Agree-ment The SPA Zone District shatt be implemented imple-mented through an appropriate appro-priate form of a Development Develop-ment Agreement with Verma Swatoerg to arses- . icalty define the terms and conditions for the development develop-ment of the property the Agiaement shal encompass encom-pass the expropriate uses for the property, and specifically spe-cifically define bmkng pads, infrastructure design de-sign standards, architectural architec-tural design and standards, stand-ards, and concurrency requirements re-quirements for the Mure and ensure the completion comple-tion of improvements, phasing and other related matters indicated in this Ordinance, so long as the provisions of the Development Develop-ment Agreement are consistent con-sistent with this Orcknance and is in accordance with other applicable and appropriate ap-propriate provision of the Snyderville Basin Development Devel-opment Code, General Plan and other applicable and appropriate provisions provi-sions of She Snydervflto Basin Development Bode, General Plan and Other policies and ordinances of Summit County. Section 3, Phasing. Al development develop-ment phases which are specifically identified in the Development Agreement Agree-ment shal be reviewed tor construction drawings and preteTs.iary anc) final te plan for the b tdmg in accordance with applicable applica-ble provisions of the Snyderville Sny-derville Basn Development Develop-ment Code in effect at bme of compieted ptet construction drawings or site plan appbeatton, unless un-less modifieu by said Development De-velopment Agreement. Section C Development LacatJan. The general development . location shal be depicted on the Final Subdivision Plat and within the Development Agreement. The specific details as the location and related design issues shal be worked out through an appropriate form of a Development De-velopment Agreement Section ft, Permftted Uses and naalilatittel Densities, (a) Two tingle family residential tots, within the smas of disturb- arte (b) Lot 1 has a maximum horse camng capacity of six horse, (c) Lots 2 has a maximum house earring capacity of two houses. Sjg3tpQfa Conflict In the event of any conflict between this Ordinance and any other Summit County ordnance or regulation, the provisions provi-sions of this Ordnance shal be controling Section Sec-tion 7. Savings Cteuee In toe event one or more of the provisions of this Ordnance shall, for any reason, be held to be unenforceable un-enforceable or invalid in any respect under any applicable ap-plicable laws, such un-en-forouctiy or invaEdty shal not affect Kid other provBions; and In such an event, this Ordnance shal be construed as I such unenforceable or kv aAd provision had never been contained herein. Section a. fJo Rtghta Creased In Third Parttea. The ordinance is not Intended In-tended to. nor shal a be construed to create any rights, claims, or causes or action In third parses. StctJon .J. Eftadnw Data. Th onfcynce shal become effective after toe . pubfecatton of such tn ac-cordmca ac-cordmca with appscabte State Law. APPROVED, ADOPTED AMD T A8STD wd OKfenrd puUashad by toe Sumrnl County Board of County Cnmnwjalun. t 15 day of may. 2000. BOARD OF COUNTY COMMISSIONERS SUMMIT SUM-MIT COUNTY, STATE OF UTAH. Published In Tha Park Record on May 28. TAX SALE Noooa la hereby given that on the 28 day of May. 2000 at 1O.00 am. at tw front door of tw county courttouee In Sunrnt County, Utah. I w8J offer lor sale at pubkc uctton and eel to tw Nghaat bidder tor cash, uridar toe provisions of Sacton 59-M 351-1. tw Pfoparty located in tw county and now defkv ouent and subject to tax a A bid tor teas twn ha total amount of taaaa, WfM. Pwy and a, rrvu&n&ve oaaia which -aroactwrgauponttataaf : esuss w not be a K3-1-71 c |