City Council
Regular MeetingRiver Heights, UT · November 30, 2021
Minutes
River Heights City
*** REVISED***
COUNCIL MEETING AGENDA
Tuesday, November 30, 2021
Notice is hereby given that the River Heights City Council will hold its regular council meeting beginning
at 6:30 p.m., anchored from the River Heights City Office Building at 520 S 500 E.
The meeting will be held in person and through Zoom.
Adoption of Previous Minutes and Agenda
Reports and Approval of Payments(Mayor, Council, Staff)
Public Comment
Discuss Sidewalk Repair and Replacement Brochure
Review Capital Projects List
Discuss Sewer Installation at 400 E 700 S
Adoption of An Ordinance to Change the Waterway Setback In the City Code
Review and Adopt the General Plan Maps
Adjourn
To join the Zoom meeting:
https://us02web.2Oom.us/i/82354629284?pwd^bD10Mlk2TUJQcEQxNGJuSUdBVlhmdzQ9
Dial: 1346 248 7799, Meeting ID: 823 5462 9284, Passcode: 959808
PostedThls 25^*^ day pf November 2021
Sheila Lind, Recorder
Those wishing to provide comments on any of the agenda items can do so by email to office@riverheights.org(by noon on the
date of the meeting).
Attachments for this meeting and previous meeting minutes can be found on the State's Public Notice Website
(https://www.utah.gov/pmn/).
In compliance with the American Disabilities Act, individuals needing special accommodations(including auxiliary
communicative aids and services) during this meeting should notify Sheila Lind,(435)770-2061 at least 24 hours before the
meeting.
520 South 500 East River Heights, Utah 84321 Phone & Fax (435) 752-2646
River Heights City
2
3 Council Meeting
4 November 30, 2021
5
6
7 Present: Mayor Todd Rasmussen
8 Council members: Doug Clausen
9 Sharlie Gallup
10 Nancy Huntly
11 Chris Milbank
12 Blake Wright
13
14 Recorder Sheila LInd
15 Public Works Director Clayten Nelson
16 Treasurer Wendy Wiiker
17
18 Excused: Finance Director Cliff Grover
19
20 Others Present: Mary and Ryan Seager, Steve Thuneil, Heather Lehnig,
21 Tyson Glover, Jason and Miles Thompson
Present Electronically: Howard Demars, David Thuneil, Cindy Schaub
z3
24
25 The following motions were made during the meeting:
26
27 Motion #1
28 Councilmember Milbank moved to "adopt the minutes of the council meeting of November 16,
29 2021, and the evening's agenda." Councilmember Huntly seconded the motion, which passed with
30 Clausen, Gallup, Huntly, Milbank, and Wright In favor. No one opposed.
31
32 Motion #2
33 Councilmember Clausen moved to "pay the bills as listed." Councilmember Huntley seconded the
34 motion, which passed with Clausen, Gallup, Huntly, Milbank, and Wright In favor. No one opposed.
35
36 Motion #3
37 Councilmember Wright moved to "adopt Ordinance 10-2021, An Ordinance to Change the
38 Waterway Setback in the City Code of River Heights, Utah with the following verbiage deleted,"unless
39 permitted by the City Council." Councilmember Clausen seconded the motion, which carried with
40 Clausen, Gallup, Huntly, Milbank, and Wright In favor. No one opposed.
41
42
43
niwor iioightc cnyg
520 South 500 East River Heights, Utah 84321 Phone & Fax (435) 752-2646
46 Proceedings of the Meeting:
47
48 The River Heights City Council met at 6:30 p.m. in the Ervin R. Crosbie Council Chambers in the
49 River Heights City Building on Tuesday, November 30, 2021,for their regular council meeting.
50 Councilmember Clausen opened and ran the meeting until Mayor Rasmussen arrived.
51 Adoption of Previous Minutes and Agenda: Minutes for the November 16, 2021, meeting were
52 reviewed.
53 Councilmember Mllbank moved to "adopt the minutes of the council meeting of November 16,
54 2021, and the evening's agenda." Councilmember Huntly seconded the motion, which passed with
55 Clausen, Gallup, Huntly, Mllbank, and Wright in favor. No one opposed.
56 Reports and Approval of Payments(Mavor. Council. Staff):
57 Public Works Director Nelson
58 • He has been working through the requirements forTree City USA with David Thunell. He turned
59 the time over to Mr. Thunell to address an ordinance template the city could use. Mr. Thunell
60 reviewed the four required standards communities need to become a Tree City USA, which are:
61 The city needs to have a tree board, an annual budget set at $2/capita ($4,000), Arbor Day
62 observance, and a tree care ordinance as part of the city code. The deadline for applications is
63 December 1. He is working with someone from the state to see if River Heights could have a grace
64 period. The ordinance would need to be adopted before the application can be submitted.
65 Councilmember Wright said if the ordinance is considered land use, it would need to go before the
66 Planning Commission. Commissioner Milbank reminded that he wrote a tree ordinance about a
67 year ago and sent it to the Planning Commission and then nothing happened with it.
68 Councilmember Clausen suggested trying to get an extension until the end of February. Mr.
69 Milbank said he would track down the ordinance he worked on.
70 Mayor Rasmussen arrived at the meeting.
71 Commissioner Huntly
72 • She suggested the tree ordinance be compared with the sidewalk ordinance, to make sure they
73 agreed with each other.
74 • The city engineer is nearly finished with the survey work on 400 South for the sidewalk easement.
75 The information gathered can be used to determine sidewalk cost and provide information to
76 residents on sidewalk placement possibilities and how it would affect their property.
77 Councilmembers Milbank and Clausen didn't have anything to report.
78 Councilmember Gallup thanked those who helped and attended the Tree Lighting Ceremony.
79 Councilmember Wright and Recorder Lind didn't have anything to report.
80 Mayor Rasmussen
81 • The city attorney thinks a long-term lease (a year or more)on the Old School should come to the
82 council and be advertised through a request for proposal. He will try to get this put together
83 before he leaves office.
84 Treasurer Wilker
85 • She presented bills and answered questions.
86 • Mayor Rasmussen said the fire and EMS contract was reviewed by the city attorney and approved.
87 It will come before the council at a later meeting.
88 Councilmember Clausen moved to "pay the bills as listed." Councilmember Huntley seconded
89 the motion, which passed with Clausen, Gallup, Huntly, Milbank, and Wright in favor. No one opposed.
River Heights City Council Meeting, 11/30/21
t Public Comment: Mary Seager felt It was only fair to leave the river setback at 30 feet. She hoped
91 they would make the decision at tonight's meeting and lift the moratorium at their next meeting. She
92 didn't think it was fair to make those wanting to sell their properties wait longer than they've already
93 waited.
94 Jason Thompson said he had attended the Planning Commission meeting last week and felt they
95 had a good deliberation on a compromise of 50 feet for the river setback, even though the Logan River
96 Task Force suggested 75 feet. He felt with the high stakes of open space and setbacks that there wasn't
97 validation for rushing to lift the moratorium,just for a property sale transaction. He urged the council to
98 vote on 50 feet.
99 Cindy Schaub read from an email she sent to the mayor and council: "I believe the city should
100 replace the sidewalks on the north side of 400 South as they were originally, prior to reconstruction of the
101 road. Residents used the sidewalks continuously and without reservation. Park strips were not on the
102 north side (see CIS map). Park strips are not necessary and should not be installed aside of the proposed
103 new sidewalks; they take away part of the homeowner's front yard unnecessarily."
104 Tyson Glover was surprised by Ms. Schaub's comments since the planning commission wants to
105 designate 400 as a collector street. He asked if the allocated funding for property acquisition covers the
106 current right of way width or the proposed. He was confused on why the city would consider not having a
107 park strip on 400 South but require it everywhere else. He'd like tOrsee the city be consistent, especially if
108 400 South Is designated as collector road.
109 Mary Seager clarified her comment by stating, she isn't worried about the developers of her
110 property. She is concerned about her family members who need financial help.
; Steve Thunell asked Councilmember Wright what the reasons were for setting a standard on 400
, South. Mr. Wright responded, at some point there will be a straight shot from the top of Windsor Drive to
113 400 East and it will be a busy street. Park strips provide safety for pedestrians and pulls them away from
114 traffic. Councilmember Huntly pointed out the city engineer said it would be unsafe to put a sidewalk
115 next to the road and gave her a lot of reasons why. She didn't see why they would go against the city
116 engineer's advice. Mr. Thuneil asked how they Justify that taking the sidewalk away Is safer than a
117 sidewalk against the curb. There are kids walking in the streets. He had talked to the city engineer who
118 said it wouldn't work because there wasn't money in the budget. Now there is money in the budget, and
119 they won't put it back where it was. Mayor Rasmussen agreed they only did the street because that is
120 what they had money for. He believed a sidewalk should be safe. If there isn't one, then people are
121 directed to where there are sidewalks. Before anything Is done, the property owners will be informed
122 and asked their opinions. Councilmember Huntly said they don't have the actual lines on a map yet.
123 Discuss Sidewalk Repair and Replacement Brochure: Councilmember Huntly said there are some
124 issues with the brochure. The text they agreed to use, does not agree with the ordinance currently In
125 place. They need to change their thinking or change the ordinance. There are also glitches In the
126 ordinance. She explained that PWD Nelson has suggested a higher elevation for trees, to agree with
127 Logan's ordinance since we contract with Logan City for garbage. The sidewalk code is sprinkled
128 throughout the ordinance and all the information doesn't agree with each other. She suggested they
129 aggregate all of it into one section. They need to discuss whether they should change their recent
130 discussion. The current code states the homeowner is responsible for damage to their sidewalks. She
131 pointed to the collection of code, pulled together by PWD Nelson. Mayor Rasmussen said tree root
132 damage is not addressed. He agreed the ordinance needs to be clarified. He said the city asks citizens to
' have trees. Most trees have been around since before the preferred tree list came out. The new council
/'] will need to decide how to clarify what damage means. He felt it would be prudent to have the attorney
River Heights City Council Meeting, 11/30/21
135 give his advice. Councilmember Wright suggested turning this over to the Planning Commission to work
136 through.
137 Review Capital Projects List: There was frustration that the list was not the most current one.
138 Councilmember Clausen had the most recent one, which their discussion was based on. Mayor
139 Rasmussen went through the list and asked for completion dates. They determined which projects were
140 finished.
141 Councilmember Milbank asked where they were with a decision on the Old Church. Mayor
142 Rasmussen said they are at the point of getting bids on costs for demotlition. The council can then decide
143 if they want to add it to the capital projects list when they make revisions in January.
144 Discuss Sewer Installation at 400 E 700 S: Councilmember Clausen reminded there are four
145 houses at 400 East south of 700 South, currently not connected to the city sewer system. Two property
146 owners are having septic issues and want to connect to city sewer and the other two don't. The city's
147 code states that homes within 300 feet of the sewer line need to connect. The engineer's estimate for
148 the city to install a main line from 800 South is about $80,000. Property owners would pay about $7,000
149 each for their connection, plus impact and connection fees.
150 Councilmember Clausen discussed the city's options, which included: 1)The city pays $80,000 for
151 the main line and force all four residents to connect, 2)The city pays $80,000 for installation and rewrite
152 the ordinance to not force them to connect, or 3)Tell residents the city has opted not to participate. Mr.
153 Clausen felt leery about committing the city to spend $80,000 when it's not In the current budget. He
154 also didn't think it would be fair to require the two homeowners who don't want to connect to spend the
155 money, when their septic systems are working fine. He suggested re-writing the ordinance so they
156 wouldn't have to. Councilmember Huntly pointed out that this would affect new development and she
157 noted that septic systems will eventually fail. She suggested trying to get funds to help cover the costs if
158 the funds are available. Mr. Clausen said that could set a precedence for the future. He informed there is
159 a federal infrastructure bill that could be passed next year which may provide funding to the city for a
160 project like this.
161 Councilmember Huntly suggested a fourth option: The city pays all the fees, only if the bill passed
162 and funding was available to cover the costs. If this were the case, the city could pay for all those who are
163 currently on septic.
164 Mayor Rasmussen saw it as a financial hardship to those who would be forced. If the city received
165 funds, they could offer It to residents through an application process. He did not support removing the,
166 connection requirement from the code.
167 They all agreed to wait until next year to see if funding becomes available. PWD Nelson will let
168 the two residents know.
169 Adoption of an Ordinance to Change the Waterwav Setback in the Citv Code: Councilmember
170 Wright prefaced the next two items by saying the Planning Commission held public hearings on the
171 general plan and the waterway setback. The general plan document is getting cleaned up before it comes
172 to the council. He saw two things that needed to get approved before the moratorium was lifted: The
173 waterway setback and the General Plan Land Use Map.
174 The plan for the evening was to have the council weigh in on the general plan maps and then view
175 the narrative and maps together at the next meeting.
176 Councilmember Wright explained how the Planning Commission decided the best place to address
177 the waterway setback change was in 10-ll-2:C.l. Commissioner Huntly asked about the measurement of
178 the flood overlay zone. Mr. Wright drew their attention to the sensitive overlay map,for reference.
179 There is a very small section on the Logan River located in the flood overlay zone. He is worried they are
River Heights City Council Meeting, 11/30/21
/ at risk with this change since he didn't think it would technically be in the flood overlay zone. They
181 discussed possible ways to address it.
182 Councilmember Milbank was concerned that the city would be requiring a couple landowners to
183 give a 50-foot setback when others didn't have to do the same. Mayor Rasmussen didn't agree because
184 in the olden days people used to poo in their backyards, but it's not allowed anymore.
185 They had discussion on the best location in the code, to address the waterway setback.
186 They decided to strike the sentence,"unless permitted by the City Council" because they wanted
187 to give the planning commission authority, since they are the body who grants conditional use permits.
188 Councilmember Wright moved to "adopt Ordinance 10-2021, An Ordinance to Change the
189 Waterway Setback in the City Code of River Heights, Utah with the following verbiage deleted,"unless
190 permitted by the City Council." Councilmember Clausen seconded the motion, which carried with
191 Clausen, Gallup, Huntly> Milbank,and Wright In favor. No one opposed.
192 Review and Adopt the General Plan Maps: Councilmember Wright led a discussion on the general
193 plan maps, as revised by the Planning Commission. Councilmember Huntly Informed that she'd read a lot
194 about spot zoning. She didn't feel leaving the Jablonski/Johnson property out of the PUD designation
195 would be considered a spot zone because its geographically a different place, undeveloped and partially
196 restored along the river. Mayor Rasmussen said the attorney advised designating it as PUD with the other
197 properties. They shouldn't decide based on individual requests. Councilmember Wright noted it would
198 never be zoned as PUD unless the landowner requested it. Councilmember Gallup agreed It should not be
199 included in PUD.
200 Councilmember Huntly asked for consideration of extending the parks and rec zone along the river
" to the west.
Councilmember Milbank said they need to be careful with giving people exceptions, because then
203 it should apply to anyone who had a request.
204 Councilmembers Gallup, Clausen and Huntly wanted to leave the Jablonski/Johnson property as R-
205 1-12. Councilmember Milbank asked why they wanted to make an exception just for this property owner.
206 Councilmember Huntly was basing it off the river corridor. Councilmember Wright thought this would
207 have an adverse effect on the property. Mr. Milbank said a road going through his own property will
208 negatively affect his property value, where a PUD designation on the Jablonski/Johnson property will
209 increase their property value.
210 Councilmember Wright brought up discussion on a potential commercial area on the Wilson
211 property at 700 S 100 E. Since it was a new idea, it wasn't presented at the public hearing on the genera!
212 plan. He will talk with the Wilson's about it. If they don't agree, he thinks they should have another
213 hearing. Councilmember Milbank advocated for commercial on 800 South because of the future traffic on
214 this road. He could see the city benefiting from the tax base. Others didn't see this as an appropriate
215 place for retail. Mr. Wright reported that the attorney said it didn't need to go back to a public hearing,
216 but suggested they hold one anyway.
217 Councilmember Clausen said they can continue to be conservative on their expenditures and not
218 need commercial. They don't have to spend all their money on projects.
219 Mayor Rasmussen felt the trails map was the most important, to preserve walkable space once
220 the areas are all built out.
221 Council member Wright discussed recognizing Logan's regional plan of 200 East. Showing it on the
222 River Heights plan means developers would need to accommodate it. Mayor Rasmussen said he voted for
I 200 East in his COG meeting, but his vote was hinged on the COG doing more studies on it, which they
i hadn't done. He felt it would be a burden on our residents who own property in the area. They decided
225 to leave 200 East off the map.
River Heights City Council Meeting, 11/30/21 5
226 Discussion was held on improving an intersection at 500 South 400 East.
227 Councilmember Wright said the Planning Commission discussed minor, major and collector
228 streets. There are streets in River Heights designated as collector, which don't meet the definition of
229 collector. Mayor Rasmussen supported showing collector roads on the plan. It will help in the future if
230 they want to apply for funding.
231 Discussion was held on possible roads going between 700 and 800 South. Councilmember
232 Milbank didn't want a road shown through his property. He felt a study should be done before randomly
233 drawing a line on a map. He suggested waiting 10 years before it shows on the map. He felt there were
234 inconsistencies, and they need to have good rationale for the decisions they are making. Mayor
235 Rasmussen felt the city should secure the largest right of ways possible, but probably build a smaller road.
236 Councilmember Wright said every city needs to have an annexation declaration policy plan. The
237 state encourages cities to work together so they both don't show the same properties in their plans.
238 Councilmember Clausen said he wasn't in favor of ever annexing the Chugg property because it
239 will have an impact on the city's water system. Councilmember Wright favored leaving it in the
240 annexation plan.
241 Discussion was held on having a water study done on how much future growth the city can
242 handle. Councilmember Clausen suggested waiting until there was an annexation request.
243 Mayor Rasmussen asked the council to continue their considerations on these maps so they could
244 move ahead on adopting the General Plan at the next meeting in one week.
245 Councilmember Huntly suggested checking with the attorney on whether the river is a
246 geographically valid reason to not include the Jablonski/Johnson property in the PUD area. Mayor
247 Rasmussen asked Councilmember Wright to check with the attorney. Mr. Wright admitted he wouldn't
248 try to sell It. Ms. Huntly felt it was geographically justified and will talk to the attorney, depending on his
249 response to Councilmember Wright.
250 The meeting adjourned at 10:05 p.m.
251
252
253
254 Sheila Lind, Recorder
255
256
257
258 Todd A. Rasmussen, Mayor
River Heights City Council Meeting, 11/30/21
River Heights City Bills To Be Paid November 30, 2021
Payee Description Admin. P&Z Parks/Rec Pub. Safety Com. Aff. Roads Water Sewer Total
All Tech Monthly Contract $72.96 $72.96
Cache County Corporation 1/2 Year Animal Control & Law Enf $10,348.50 $10,348.50
Cache Valley Publishing City Council Public Hearing Ad $73.56 $73.56
Chris Miibank Audio Tech for Planning Commission $104.50 $104.50
City of Logan 911, Garbage, Sewer $14,874.75 ^-$2,034.00 $13,451.81 $30,360.56
Comcast Monthly Billing $28.24 $28.23 $28.22 S84.69
Community Ambulance Emergency Prepardness $4,097.48 $4,097.48
Dominion Energy Gas $389.36 $64.17 $57.08 $145.14 $57.09 $712.84
9 Four Seasons Heating School Boiler Repairs $340.00 $340.00
10 Kilgore Companies Asphalt $50.06 $50.06
11 Logan City Water Consumption $240.52 $240.52
12 Roto Rooter Portable Toilet - Soccer $100.00 $100.00
13 Sam's Club Annual Membership $107.00 $107.00
14 Sharlie Gallup Emergency Prepardness-Xmas Tree Lighting $385.00 $190.37 $575.37
15 Thurcon, Inc. Build Sump-Orchard Drive $10,540.00 $10,540.00
16 Tyson Glover Training $60.00 $60.00
17 Utah Local Government Trust Workers Comp. Monthly $38.17 $58.62 $178.98 $226.71 $238.64 $741.12
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Page 1 SubTotals $15,984.04 $104.50 $222.79 $14,830.98 $2,224.37 $10,826.12 $640.60 $13,775.76 $58,609.16
Page I Total Amount t aid $58,609.16
SAMPLE MUNICIPAL TREE ORDINANCE- WITH TREE BOARD
Be It ordained by the City Council of the City of:
(City) River Heights
(State) Utah
Section 1. Purpose.
To enhance the quality of life and the present and future health, safety, and welfare of all citizens, to
enhance property values, and to ensure proper planting and care of trees on public property,the City
Council herein delegates the authority and responsibility for managing public trees, creates a Tree
Advisory Board, establishes practices governing the planting and care of trees on public property, and
makes provision for the emergency removal of trees on private property under certain conditions.
Section 2. Definitions.
As used in this Article, the following words and phrases shall have the meanings indicated;
Damage -any injury to or destruction of a tree, including but not limited to: uprooting; severance of all
or part the root system or main trunk; storage of material on or compaction of surrounding soil; a
substantial change in the natural grade above a root system or around a trunk; surrounding the tree
with impervious paving materials; or any trauma caused by accident or collision.
Nuisance -any tree, or limb thereof,that has an Infectious disease or insect; is dead or dying; obstructs
the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety
and welfare.
Park strip -the area along a public street between the curb and the sidewalk; or if there is no curb or
sidewalk,the unpaved portion of the area between the street right-of-way line and the paved portion of
the street or alley.
Public property- all grounds and rights-of-way(ROWs)owned or maintained by the City.
Public tree-any tree or woody vegetation on city-owned or city-maintained property or rights-of-way.
Top or Topping -the non-standard practice of cutting back of limbs to stubs within a tree's crown to
such a degree so as to remove the normal canopy and disfigure the tree.
Section 3. Authority and power.
(a) Delegation of authority and responsibility. The Director of the Department and/or his-
designee, hereinafter referred to as the "Director", shall have full authority and responsibility to plant,
prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights-of-
ways, city parks, and other public property. This shall include the removal of trees that may threaten
electrical, telephone,gas,or any municipal water or sewer line, or any tree that is affected by fungus,
insect, or other pest disease.
(b)Coordination among city departments. All city departments will coordinate as necessary with the
Director and will provide services as required to ensure compliance with this Ordinance as it relates to
ThurijUl
streets, alleys, rlghts-of-way, drainage, easements and other public properties not under direct
jurisdiction of the Director.
(c) Interference. No person shall hinder, prevent, delay, or interfere with the Director or his agents while
engaged in carrying out the execution or enforcement of this Ordinance.
Section 4.Tree advisory board.
The City Council hereby creates a Tree Advisory Board," hereinafter referred to as the "Board."
(a) Membership.The Board shall consist of seven members approved by City Council. Members of the
Board will serve without compensation.
(b)Term of office. Board members shall be appointed for three-year staggered terms. If a vacancy shall
occur during the term of any member,a successor shall be appointed by City Council.
(c) Officers. The Board shall annually select one of the members to serve as chair, may appoint a second
member to serve as vice-chair, and may appoint a third member to serve as secretary.
(d) Meetings. The Board shall meet a minimum of four times each year. All meetings shall be open to the
public. The Board chair may schedule additional meetings as needed.
(e) Duties.The Board shall act in an advisory capacity to the Director and shall:
^ (1)Coordinate and promote Arbor Day activities;
(2) Review and update a five-year plan to plant and maintain trees on city property;
(3)Support public awareness and education programs relating to trees;
(4) Review city department concerns relating to tree care;
(5)Submit an annual report of its activities to the city council;
^ (6) Assist with the annual application to renew the Tree City USA designation;
(7)Develop of a list of recommended trees for planting on city property, and a list of prohibited
species; and
(8)Other duties that may be assigned by City Council.
Section 5. Tree planting and care standards.
(a)Standards. All planting and maintenance of public trees shall conform to the American National
Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care Best
Management Practices(BMPs) published by the international Society of Arboriculture.
(b) Requirements offranchise utility companies. The maintenance of public trees for utility clearance
shall conform to ail applicable utility industry standards.
(c)Preferred species list. The Director shall maintain an official list of desirable tree species for planting
on public property In two size classes: Ornamental(20 feet or less In height at maturity) and Shade
/ (greater than 20feet at maturity). Trees from this approved list may be planted without special
permission; other species may be planted with written approval from the Director.
(d) Planting distances.The Director shall develop and maintain an official set of spacing requirements for
the planting of trees on public property. No tree may be planted within the visibility triangle of a street
intersection or within ten (10)feet of a fire hydrant.
(e) Planting trees under electric utility lines. Only trees listed as Ornamental trees on the official city tree
species list may be planted under or within fifteen (15)lateral feet of any overhead utility wire.
(f) Protection of public trees during construction. Any person,firm,corporation, or city department
performing construction near any public tree must employ appropriate measures to protect the tree,
including, but not limited to, placing barriers around the tree to prevent damage.
Section 6. Prohibition against harming public trees.
(a) It shall be unlawful for any person,firm or corporation to damage,remove,or cause the damage or
removal of a tree on public property without written permission from the Director.
(b) It shall be unlawful for any person,firm or corporation to attach any cable, wire or signs or any other
object to any street, park, or public tree.
(c) It shall be unlawful for any person,firm or corporation to "top" any public tree. Trees severely
damaged by storms or other causes, where best pruning practices are Impractical may be exempted
J from this provision at the determination of the Director.
Section 7. Adjacent owner responsibility.
(a)The owner of land adjacent to any city street or highway, when acting within the provisions of this
Ordinance, may plant and maintain trees in the adjacent parkway area. Property owners are responsible
for the reasonable and routine maintenance of trees and other landscaping in the adjacent parkway
area.
(b) No property owner shall allow a tree, or other plant growing on his or her property or within the
adjacent parkway to obstruct or Interfere with pedestrians or the view of drivers, thereby creating a
hazard. If an obstruction persists, the Director shall notify the property owner to prune or remove the
tree or plant. If the owner fails to comply with the notice,the City may undertake the necessary work
and charge the cost to the property owner.
Section 8. Certain trees declared a nuisance.
(a)Any tree, or limb thereof, on private property determined by the Director to have contracted a lethal,
communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free
passage of pedestrians or vehicles; or that threatens public health,safety, and welfare is declared a
nuisance and the City may require its treatment or removal.
(b) Private property owners have the duty, at their own expense, to remove or treat nuisance trees on
their property. The City may remove such trees at the owner's expense If the owner does not comply
J with treatment and/or removal as specified by the Director within the written notification period.
Section 9. Violations and penalty.
Any person,firm or corporation violating any provision of this Ordinance shall be deemed guilty of a
misdemeanor and shall be subject to a fine not to exceed five hundred dollars($500.00)for each
offense.
Section 10. Appeals.
Appeals to decisions by the Director,the Tree Advisory Board, or penalties imposed after violations of
this ordinance, shall be heard by City Council.
12/1/21,11:13 AM River Heights City Mail-NO to Park strips in 2022 budget on 600 South
M QmSlI Sheila Lind <office@rlverhelghts.org>
V --
NO to Park strips In 2022 budget on 600 South
1 message
Cindy Schaub <cindy_schaub@hotmail.com> Tue, Nov 30,2021 at 1:43 PM
To: Todd Rasmussen-MAYOR <toddrasmussen@riverheights.org>, RH-Blake Wright <bIakewrlght@riverhelghts.org>, RH-Sheila LInd
<shella@riverhelghts.org>, RH-Doug Clausen <dougc!ausen@riverhelghts.org>, RH-Nancy Huntly <nancyhuntly@riverheights.org>,
Clayten Nelson <cnelson@riverheights.org>, RH-Chris Milbank <chrls.milbank@gmail.com>, RH-Sharlle Gallup
<sharliegallup@riverheights.org>
PLEASE READ AT TONIGHT'S MEETING.®
To all,
I believe the City should replace the sidewalks on the north side of 600 South as they were ORIGINALLY, prior to reconstruction
of 600 South. Residents used the sidewalks continuously and without reservation. Park strips were NOT on the north side of 600
South.(See attached Cache County GIS map). Park strips are not necessary and should NOT be Installed aside of the proposed
new sidewalks; they take away part of the homeowners front yard unnecessarily.
Thank you,
Cindy Schaub
880 River Heights Blvd.
River Heights, UT 84321
435-881-6600
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Pbssible Brochure Information
Propeity Owneriyialntenance of Park Strips ft Sidewaliics
As specified In City Code, property owners in River Heights are responsible for malntaihlng the park strip adjacent
to their ijropertles'ahd for keeping the sidewalk clear, the following sectlo.ns are intended to help,residents
understand theirresponsibilities:
Snow Removal-
River Heights City Code 7rl-4 requlres the rempyal ofsnow on sidewalks':'
"Failure to Remove Unlawful: It shall be unlawfulfor the owner, occupant, lesser, ofagentofany-prppe^,
abutting on a paved sidewalks tofail to remo\/e,;or,have removedfrom such paved sidewalk, all hall, snow, orsleet
hereon within d reasonable tirn'e aftersuch stipw, hail, or sleet hasfallen."
When rernoying sri.ow,:rejsldents niaV hot place the sriovy in the gutter or onto the city street. For additional
regiilatiohS please see the city code.
7-2-3: SIDEWALKS AT EXISTING CONSTRUCTIONJristallation and repair of sidewalks.shail be governed as
set forth below.
A. Damage: When anV cItizen/cohtractor or person-damages the sidewalks, curbs b? gutters of
the City, that individual or person shall repair and/of replace the same within a reasonable time at their
own cost pursuant to,speclfication set-forth by the city. Any expenseiincurred by the Clty-in providing
specifications or inspecting the.same shall also be paid by said citizeh^cpntractor or person. If the City
darnages any sidewalks, curbs or gutters, the same shall be repaired and/orreplaced by the City within a
reaspnable arnount of time at no cost to the property owners.
B; Age and General Wear: Each year the CiW may,at its cost, select certain sidewalks, curbs, or
gutters for replacement and/or repair when the same have deteriorated due to age and general,wear
and tear and how and when such repairs or replacements will occur. If a property owner requests a
sidewalk repair that Is not selected bythe City, the City may chb.pse to participate in the repair. In such
cases,the City may participate up to 50% of the cost.
C.Specifications: The City, through its engineering or building department, and/pr its retention
of outside engineering consultants, shall provide specifications for sidewalks,curbs and gutters.
Inspection for such constructiph and replacement or repair and approyal thereof.(6-2016,9-27-16)
7-2r4: PLACEMENT AND CpMPENSATION River Heights City reserves the right to negotiate the
placement and compensation arrangements described in the above paragraphs. All of the above
requirements regarding sidewalks shall also apply to side yards where the side yard is adjacent to a
public or private street.(2-2005,lGrl2-05)
7-3-2: PERMIT REQUIRED
A. Basis for Issuance: Any person desiring to perform work of any kind in a public way within the
city, shall make application for a permit. The decision by the city to issue a permit shall include, arhdhg
other factors determined by the city, the following:
3. The damage or disruption, if any, of public or private facilities, improvements ojlandscaping
previously existing Jn the public way;
7-3-7: COMPLIANCE WITH SPECIFICATIONS, STANDARDS,TRAFFIC.CONTROL REGULATIONS;SITE
PERMITTEE IDENTIFICATION
A. Compliance Required: The work performed in the public-way shall cohform;tb the requirements
of the engineering regulations, design standards, construction specifications and traffic control
regulations of the city, copies of which shall be available from the public works supervisor; kept
on file in the office Of the city recorder and be open to public inspection during office hours.
7-i0-2 CONFLICTING PROVISIONS In the event of a confljct, the provisions requiring higher standards
shail supersede and take precedence overall other infrastructure construction standards and
specifications contained in this code and/or city ordinances.(Ord.03-08-26, 8-26-2003; amd..2005
10^6-2: SPECIAL PROVISIONS. Front yards and side yards of all dwellings which front on public streets
must be landscaped,.except that up to twenty five percent(25%)of the front yard of side yard which
faces oh a public street may be devoted to driveways and bff-street.parkihg.(Ofd., 1-22^2002)
10-15-6: LANDSCAPING RIGHTS-OF-WAY
-All streets either public of private.shall provide a planted landscaped strip to city specifications, and be
perpetually maintained by the adjacent property owner. Plantings within the right-of-vi/ay-or park strip
will not count towards rheetlng the performance landscape requirements of 10-15-5.
A.Street trees shall be planted within the park strip along both sjdes of ail streets every thirty
(30)feet on center. If ho.pafk strip exists, trees shall.be planted adjacent to the roadway edge. Where a
pafk'Strip would exist, if pbsslble. Tree size and species shall be approved by the city.(1-2015,6-23-15)
B. Residential park strips shall be planted with live plant fnaterial.to a mjnirnum of fifty pefcent
(50%). When calculating park strip coverage percentage areas, plants.may be measured at mature
spread eixcluding street trees. Shrubs and other plant rhatefial located within the park strip should not
exceed three(3)feet in height at maturity. Potential hazardous plant rnaterial cohtairiing thorns or
spikes shall be prohibited in the park strip.
C. Stone, gravel, mulch, or other decorative hardscape rnaterials shall cdhsist of less than fifty
pefcent(50%)of the parkstfip.area. Decorative boulders and similar features shall be less than eighteen
(18)inches in height. Poured concrete, asphalt or other similar solid surface paving is prohibited within
the park-strip with the exception of driveway appfoaches(not to exceed 28'in width)and adjacent
commercial uses.
D. Landscaping.and any other surface material located yVithih the right-of-way between the edge
of traveled way and the/pfbperty shall not be used for the storage, sale, or display.of merchandise
without the written permission of the city.
E. All park strips(the area between the property line and street that is not hardscape) adjacent
to the front,side or rear yard of a lot shall belandscaped and maintained by the owner of the property
immediately adjacent to the park strip. The landscapingand maintenance of the park strip shall be at
w the expense of the adjacent property owner.{Ord,G-01-13,1-11- 2005, eff. retroactive to 11-26-2002)
(2-2019,5t28-19)
F. The landscaping and rnairitenanGe.of:areas adjacent to the streetsurface shall be the
responsibility ofthe adjacjent property owners (2r2pl9, 5t29-19)
10rl5-7: STRECT TREES Rjver Heights City encourages the planting oftrees within city parking-strips and
nearstreets.
A. AccepUble Trees: Only shade trees shall be planted In parking strips or planted within 5 feet
adjacent to a city street.
1.the following classifications describe general shade tree characteristics appropriate for an
available space.
a. Class I Trees - These aresrhall trees which horrnally do not reach a height or spread greater
than 25 feet with a small frunk.diametef. They are authorized for planting in parki^ strips that are a
minimum of fouf-feet wide. Typical spacing between Class I frees is twenty-five feet. Many Class 1 trees
are small enough to be planted beneath overhead utility lines.
b. Class II Trees - This group consists of rhedium sized trees which may reach a height of40 to 70
feet, a moderate trunk diameter and a spread of 15 tp 40 feet. These trees are not for planting under
power lines or in parking strips less than six feet wide. Typical spacing between Class II trees is thirty to
forty feet.
c. Class 111 Trees - Many of these trees are long-lived and attain a height of 50 to 90 feet, a large
trunk diameter and.a spread of 30 to 70 feet. When selecting a tree from.this class;there must be ample
room to accommodate it at maturity.These trees are not fot planting under power lines or in parking
strips less than 10 feetvwide. Typical spacing between Class III treesis 40-60 feet.
2. In most instances, Class I Trees are the fnostappropriate for parking-strips in River Heights. In
all cases, root barriers are recornmended. No trees will be allowed in parking strips which are less than 4
feetin width. No trees shall be planted within 15 feet of a fire hydrant.
3. NOTE:The River Heights Tree Selection and Planting Giiide brochure contains a list oftrees
within each class that are appropriate for pur clirriate. This brochure is available at the Ci^ Office.
B. Tree Placement within a Parking Strip: Trees shall be planted in the central space between the
sidewalk and the curb or rpadway to allow the maximum amount of growing space and reduce the
potential for diamage to;sidewalks and curbs.
C. Trees Pfohibifed withih Pafking-Stfjps or Near a City Street: The planting of fruit or nut-
bearing trees shall be prohibited in parking strips and withih 5 feet adjacent to a city street. A list of
trees prohibited for planting along streets of within park strips Is found in the River Heights Tree
.Selection and Plantihg Guide brochure.
D. Parking Strip Tree Maintenance: The immediately adjacent property owner is responsible for
watering, pruning and rhaintalning trees located jn city parking strips.
E. Maintenance of Trees Near Sidewalks and Streets: Pruning trees is required so that any
overhang is at least seven (7)8 feet above the elevation bf-the adjoining sidewalk br and 10'14 above
street to keep a clear view and not Interfere with service vehicles.(2-2019, 5-28-19)'
F. Parking Strip Tree Remediation or Removal for Public Safety, damage to street, curb and
gutter, sidewalk, or Interference of Storm Water Drainage:
1. Remediation efforts that preserve str'eet trees wiii always be considered before removal. As
an addendum to the Application to Remediate or Remove a Parking StripTree,the City or the property
owner rtiay submit,,at their expense, a design or plan of action to be considered by the City Enginobr
Arbbrist. Remediation efforts may include biit are hot limited by the fqilowihg:
a."The cutting away bf damaging tree rbots and the placement of a rppt barrier adjacent to the
replaced or repaired sidewalk, curb or road structure.
b. The raising of the adjacent sidewalk grade over the darriaglhg tree roots.
c. The reinforcement of the sidewalk adjacent to the.damagjng tree roots.
d. The pruning or removal of hazardous tree branches.
2. Remediation efforts mustalways take into account tree health and maturity. Remediation
efforts that will potentially weaken a tree such that the health of the tree will be compromised or the
tree becomes a risk for falling will not be considered.
3. To obtain assistance from the City, property owners must submit an Application to Remediate
or Remove a Parking Strip tree at the City Office. On a case-by-case basis, the City will consider the
following factors In reviewing and prioritizing applications:
a. Effects on public safety
b. Effects on storm water drainage
c. Order of request
d. City budget ability
4. if remediation efforts have been exhausted or failed. The City reseiyes the right to rernediate.
or remove trees from city parking strips at any tirne to preserve public safety or proper storm Water
drainage.(30-2008,9-23-08)
PARKING STRIP TREE LIST
The following are suitable for use as street trees in River Heights. Species and eultivars (a
contraction of cultivated varieties) are included for their superior.qualities as street trees. Before
planting, careful consideration should be given to existing soil conditions, availability of water, mature
-size of the tree and overhead obstructions (utility lines, lights, etc.). This list Is fecbrnmendatidns only;
other species and eultivars may be appropriate. Avoid trees with 1) wide weeping canopies. 2) make
sure the species does not sucker heavily or quickly but grow its planting area. Some examples are:
quaking aspen,sumac, poplar, cottonwood,silver maple, and willows. 3)Avoid trees that produce large
messy fruit or seeds such as horse-chestnut, and some crabapples. 4) Avoid trees that require an acid
soil or are intolerant of soli compaction and/or urban conditions for example: birches and flowering
dogwoods.5)Avoid small trees that will never get a tail crown, unless the crown can be contained
within the parking strip.
PARKING STRIPS 4-6' WIDE AND/OR UNDER UTILITY LINES
Canada Red Choke Cherry(Prunus vlrglniana 'Schubert')
Washington Hawthorn (Crataegeus phaenopyrum)
Spring Snow Crab(Maius 'Spring Snow')
Harvest Gold Crabappte [Malus'Hargozam')
Snowdrift Crab (Malus'Snowdriff)
Professor Sprenger Crab (Malus'Professor Sprenger')
Yeilowwood (Cladrastis kentukea)
Canyon Maple(Acer grandidentatum)
Katsuratree (Cercidiphylium japonicum)
Japanese Tree Lilac (Syringa reticulata)
Goidenraintree (Koelreuteria panlculata)
Globe Norway Maple(Acer piatanoides'Globosum')
Leprechaun Ash (Fraxinus pennsylvanica 'Johnson')
Hedge Maple(Acer campestre)
Lavaile Hawthorn (Crataegeus x lavaliei)
Flowering Pear(Pyrus calleryana)*
Eastern Redbud (Cercis canadensis)
Moraine Sweetgum (LIquidambar styraciflua 'Moraine')
PARKING STRIPS 6-10' WIDE
American Linden (Tilia americana)
Littleaf Linden (Tilia cordata)*
Norway Maple(Acer piatanoides)*
Bur Oak (Quercus macrocarpa)
English Oak(Quercus robur)
Gambel Oak(Quercus gambelii)
Chinkapin Oak(Ouercus muehlenbergii)
Swamp White Oak(Quercus btcolor)
Sawtooth Oak(Quercus acutlssima)
Turkey Oak(Quercus cerris)
Sycamore Maple(Acer pseudoplatanus)
Tatarian Maple (Acertataricum)
Trident Maple (Acer buergeranum)
Moraine Sweetgum (Llquidambarstyraciflua 'Moraine')
Serviceberry (Amalanchier arboretum)
Hackberry (Celtis occidentaiis)
Amur Corktree (Phellodendron amurense)
European Hornbeam (Carpinus betulus)
Green Ash (Fraxinus pennsylvanica)
White Ash (Fraxinus americana)*
Crimean Linden (Tilia x euchlora)
Silver Linden (Tilia tomentosa)
Thornless Honeylocust (Gleditsia triacanthos inermis)*
GInkgo (Ginkgo biloba)
Kentucky Coffeetree(Gymnocladus dioicus)
Bloodgood London Planetree (Platanus x acerifolia 'Bloodgood')
Green Vase Zelkova (Zelkova serrata)
European beech (Fagus sylvatica)*
PARKING STRIPS WIDER THAN 10'
Fewer constraints for trees in planting strips this wide although trees with wide weeping canopies
and/or those that are weak wooded should be avoided. ^Several good cultivars available. Native species
and/or drought tolerant.
What to do if your sidewalk is damaged,can't be repaired,and needs replaced?
Some sidewalk is too damaged for repair and must be replaced,as it has become a tripping hazard. Most
of the very damaged sidewalk in River Heights is caused by tree roots(and can be avoided by planting
sidewalk friendly trees in or next to park strips).
If your sidewalk needs repair, you should contact the City to arrange a repair schedule.The City will
remove damaged sidewalk.The homeowner is responsible for taking care of problem roots or tree.
After the roots or tree that caused the sidewalk damage are removed,the City will install new sidewalk.
Removal of roots or trees and assuring that remaining trees or those planned to be planted will not
again damage the sidewalk are the responsibility of the homeowner. A certified arborist can provide
assurance that a root or tree problem has been fixed and will not continue to damage new sidewalk.
After this assurance is provided,the City will Install new sidewalk. The City will provide sidewalk removal
and relnstallation; costs of root or tree removal are the responsibility of the homeowner.
How to avoid sidewalk damage
Don't drive on your sidewalk!
Check out the River Heights City tree guide and follow its suggestions for trees that are suitable for
planting in park strips.
OOD
Capital Projects
Schedule Report
As of June 15, 2021
Start Projected Bids Bids
Project Budget Amount Date Completion Date Required Received
Area
FY 2020-21
50,000.00- 05/30/^
Parks Stewart Hill Park
Sewer
10,000.00
Total FY 2020-21 60,000.00
'
FY 2021-22
Administrative Old School Stair Repair and Ramp 12,000.00 08/01/21
07/01/21 4—
Administrative Master Plan City Square 10,000.00
Stewart Hill Park 200,000.00 04/01/21 07/22/22
Parks
Sidewalk and Park Strip 400 South (600 East to
Roads 500 East) 70,000.00
Roads 400 South Sidwalk Right of Way Acquisition 65,000.00
Sidewalk Repairs City-wide 50,000.00 07/01/21 06/30/22
Roads
Sidwalk and Park Strip 400 South (500 East to
Roads 400 East) 45,000.00
Roads Road Seal 40,000.00 08/01/21 10/15/21 C^rue^
Sidewalk Identified by Paint' ^(6/^ 1,200.00 07/01/21 08/30/21
Roads
Sidewalk identified by.£3iftt- 1,200.00 07/01/21 08/30/21
Roads
New Shop 120,000.00 02/01/22 04/15/22
Sewer
New Truck 35,000.00 07/01/21 11/15/21
Sewer
Upgrade Lower Well 200,000.00 06/01/21 -flS/15/2X
Water
Upgrade Water Line Lower Well to River
Heights Blvd 90,000.00 08/15/21 10/15/21
Water
Lower Well Property Aquisition 15,000.00 05/01/21 08/01/21
Water
954,400.00
11/17/21,10:54 AM River Helghte City Mail-4 homes on 700 S 2of which want to hook to the sewerhat
H Gm311 Doug Clausen <dougclausen@iiverheights.org>
4 homes on 700 S 2 of which want to hook to the sewerhat
1 message
Doug Clausen <dougclausen@riverheights.org> Wed, Nov 17,2021 at 10:53 AM
To: Todd Rasmussen <toddrasmussen@riverheights.org>,jasonedwardthompson@gmail.com, Blake Wright
<bIakewright@riverhelghts.org>, Sharlie Gallup <sharliegallup@riverhelghts.org>, Chris Milbank
<chrismllbank@riverheights.org>, Ciayten Nelson <Gne!son@riverheights.org>, Nancy Huntly
<nancyhunt!y@riverhelghts.org>, ClifFord Grover <cllff@grovercanfleld.com>
Background: There are 4 homes on 700S that are currentiy on septic. Two of those homes want to hook to the sewer, the
other two do not. Our ordinance requires the other two to hook up if they are within 300 ft. In order to get the sewer there
a main line would have to be Installed at a cost of $80,000. Then to get from the residence to the main line would cost
$7,000 per residence. These are estimates.
Options:
A. The city pays the $80,000 for the main line and we tell everyone they have to hook up per our ordinance. Residents
pay the $7,000.
B. The city pays the $80,000 to install the main line and we rewrite our ordinance to not require anyone to hook up if they
don't want to. This is allowed under state code and Is ok with the Bear River Health Department.
C. We tell all 4 residents that we do not want to spend the $80,000 and they have to fix or replace their septic systems.
,My suggestion is we put off a decision on the $80,000 until we go through the budget process next year. Also, seeing if
we get any money from the new Infrastructure bill. We also rewrite our ordinance to not require that residents hook up.
Doug
Parcel Map
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Forsgpn^ Opinion of Probable Costs
River Heights City
7S0 S to 800 S Sewer Connection
10/21/2021
Item Description Unit Quantity Unit Cost Total Notes
Material : ■ Labor Total Cost
3. Concrete
Manhole,4' Precast(sewer) ea 2 $3,500 $2,000 $5,500 $11,000
Manhole, 5' Precast(sewer) ea 1 $8,000 $11,000 $19,000 $19,000 Approx 13ft deep with extensive groundwater,sloughing
Includes Street repair.
33. Utilities
8"PVCSDR-35 Sewer Pipe If 605 $15 $20 $35 $21,175
4" PVC SDR-35 Sewer Lateral If 370 $10 $15 $25 $9,250
8" Wye Connection ea 3 $350 SO $350 $1,050
44. Process Equioment install
Sub-Total $61,475
Mobilization / Pressure Test 3% $1,844
Bonds & Insurance • 2% $1,230
General Conditions 9% $5,533
Easements and Recording 1% $615
Survey and Design Engineering $2,200
Contingency 10% $6,148
Total Cost S79,044
Rounded Costfor Summary $80,000
11/26^1,9:05 AM River Heights City Mail -4 houses on 700 S,2of which want to hook unto the sewer system
Gmail Doug Clausen <dougclausen@rFverhelghts.oi^>
I louses on 700 S,2 of which want to hook unto the sewer system
,'essages
Doug Clausen <dougclausen@rivetheights.org> Tue, Nov 16.2021 at 2:34 PM
To: Todd Rasmussen <toddrasinussen@nvefhefghts.org>, Clayten Nelson <cneIson@nverttelghts.org>,Jasonedwardthompson@gniail.com
Clayten and I metwth Jon Jenkins today on this subject In general, J<^ felt we should pay the $80,000 to install the main sewer line and dien require all4 to hook in. The homeowner's
would have to pay the hookup costs from their house to the main line plus any deanup on their septic system. This Is all per our ordinance(hook up within 300 ft).
He said that the dty counrA could also say to all4that we do not want to spend the $80,000. That we want to spend it elsewhere.Then they would have to get there septic system
fixed.He also said we could put this off unb1 we look at the budget and aHorate funds next spring.
Jason, he said the dty is not under any Hability problem here.
Si^gest that this be put on Are next council agenda( Dec.7)for discussion and a possible dedsion. Doug
Todd Rasmussen <toddrasmussen@rfverhetghts.org> Tue, Nov 16,20
To:Doug Clausen <dougdausen@riverhelgtTts.org>
Cc:Clayten Nelson <cndson@rrverheIghts.org>, Jason Thompson ^asonedwardthompson@gmail.com>
I will get ft on the agenda. For your reference,the state code allows dties to write ordinances requiring hookup-but does not prescribe it See t>elow:
10-8-38. Drainage and sewage systems- Construction regulation and control-Retalnage - Mandatory hookup -Charges for use - Collection
chaises — Service to tenants — Failure to pay for service — Service outside municipality.
(1) (a) Boaidsof commissioners,dtycoundls,and boards of trustees of cities and towns may construct reconstruct maintain,and operate,sewer systems,sewage treatment plants, culve
sewers, catch t>asins, manhdes,cessprats, and all systems, equipment and teciTrties necessary to the proper drainage,sewage,and sanitary sewage disposal requirements of the c
and regulate the construction and use thereof.
(b) Ifany payment on a contract with a private person, lirm, or coipwation to constnict or reconstruct sewer systems,sewage treatment plants, culverts, drains,sewers, catch basins, mi
cesspools, and other drainage and sewage systems Is retained or withheld, it shall t}e retained or withheld and release as prowded in Secdor)13-8-5.
(°) In order to defray the cost ofconstructing, reconstructing, maintaining, or operating a sewer system or sewage treatment plant, a municipality may:
(i) require connection to the sewer system if the sewer is available and within 300 feet of the property line of a property vritii a building used for human occupancy; and
(ii) make a reasonable charge for the use of the sewer system.
C*) A munidpalty operating a watKworks system and a sewer system or sewage treatment plant may:
V 0) rnake one charge for the combined use of water and the services of the sewer system or sewage treatment plant; and
j (ii) adopt an ordinance requiring a property owner dedring water and sewer service to subm'rt a written appfication,signed by the ovimer or the owner's authorized agent, agreeing tc
— according to tire ordinance enacted by the municiparty,for the water and sewer service furnished the owner.
(') if a person fails to connect to the sewer when connection is required under Subsection (2)(a)^ or fails to pay for the sewer service as required under applicable municipal ordinan
the municipality may cause the water to tie shut off hom the premises until the person has:
(A) hooked up to the sewer at the person's own expense;or
(B) paid in foil for ail sewer service.
^ Amunidpaltymay not use an owner's foilure to payforsawerservicefumishedtottieownef'spropettyasatiasisfdrnotfomlshlngwaterto the property after ownership of the p
transferred to a sulisequent ovwier.
(d) A munidpalty may sell and deliver water or sewer services to others beyond the limits of the munidpality from the surplus capadty of the munlc!palit/s waterworks or sewer system.
IQuoted ted tidden]
Todd Rasmussen
Mayor, River Heights
V
Ornamental grasses, flowers, and shrubs are permitted if they are spaced six feet (6')
spsrt and are not higher than three feet (3') above street or sidewalk grade. Above
ground transformers are allowed if they are less than forty Inches (40") above street or
sidewalk grade. All plantings and obstructions shall maintain an overall clear visibility of
70% or greater.
(3-2020, 5-19-20}
10-13-16; EFFECT OF STREET PLAN
Wherever a front or side yard is required for a building that abuts on a proposed street
which has not been constructed, but which has been designated by the planning
commission as a future street;the depth of such front or side yard shall be measured from
the planned right of way lines. (Ord., 1-22-2002)
10-13-17: EXCEPTION TO FRONT SETBACK REQUIREMENTS
The setback from the street for any dwelling located between two (2) existing dwellings in
any residential zone may be the same as the average for said two (2) existing dwellings,
provided the existing dwellings are on the same side of the street and are located within
one hundred fifty feet (ISO') of each other. (Ord., 1-22-2002; amd. Ord. 0-01-13,
1-11-2005, eff. retroactive to 11-26-2002)
10-13-18: CONCESSIONS IN PUBLIC PARKS AND PLAYGROUNDS
Concessions, including, but not limited to, amusement devices, recreational buildings and
refreshment stands shall be permitted on a public park or playground when approved by J
the city council.(Ord., 1-22-2002)
10-13-19: SEWAGE DISPOSAL
Where domestic sewage disposal facilities are used which are not connected to a public
sewer, approval of such facilities shall be obtained from the Bear River Health Department
before a building permit shall be issued therefor. If a sewer mainline is installed within three
hundred feet (300') from a building that is serviced by a septic tank, the owners of the
building will be required to connect sewer service for the building to the sewer mainline
unless unreasonable topographic, geographic or geologic conditions exist. Exceptions to
connecting to the city sewer system shall be reviewed and approved by the city engineer,
public works director and zoning administrator. (Ord., 1-22-2002; amd. Ord 0-01-13,
1-11-2005,'eff. retroactive to 11-26-2002) (
10-13-20; LOCATION OF FUEL TANKS IN AGRICULTURAL ZONE
Where fuel tanks are permitted in the agricultural zone for related agricultural purposes,
the location of said tank shall be considered an accessory use and must conform to
appropriate setbacks as well as state standards for hazardous materials.(Ord., 1-22-2002)
10-13-21: POLLUTION PREVENTION
f Any use which emits or discharges gases,fumes, dust, glare, noise or other pollutants into
the atmosphere in amounts which exceed the standards as prescribed by Utah state air C
River Heights City Title 10, Chapter 13
Ordinance 10-2021
AN ORDINANCE TO CHANGE THE WATERWAY SETBACK IN THE
CITY CODE OF RIVER HEIGHTS, UTAH
Whereas It was determined a change should be made to the waterway setback of the River
Heights City Code and.
Whereas the River Heights City Planning Commission held a duly noticed public hearing on
Tuesday, November 9, 2021.
Be It ordained by the River Heights City Council that the following change is made to the River
Heights City Code:
10-ll-2:C.l.
No structure or construction that would alter the topography will be allowed in a flood overlay
zone (OF), except as approved by conditional use permit, unloss permitted by the City Councih-
No structure shall be permitted or constructed within thirty foot (3Q'l fiftv feet (50') of the top
inside edge of the bank of any natural or manmade waterway that is located ij^a flood overlay
zone (OF);(4-2013,10-24-13)
Adopted this 30th day of November 2021 and effective upon publication.
Todd Rasmussen, Mayor
ATTEST
Sheila LInd, Recorder
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