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For the purpose of this Chapter, the following words and terms shall be defined, as follows:

Approved fire protection plan” means the fire protection plan approved by the applicable fire authority.

Bench” means a naturally occurring broad, generally flat, elevated terrace landform with an abrupt slope on one side.

Caliper” means a standard trunk diameter measurement for nursery-grown trees taken six (6) inches above the ground for trees up to and including four (4) inch caliper size, and twelve (12) inches above the ground for larger size trees.

Cluster development” means the grouping of residential properties on lots smaller than allowed in the underlying zone to reduce infrastructure costs and environmental impacts and to reserve otherwise developable land for open space.

Defensible space” means the required space between a structure and wildland area that, under normal conditions, creates a sufficient buffer to slow or halt the spread of wildfire to a structure.

Density bonus” means a residential density increase – beyond the density allowed by the underlying zoning – obtained by constructing and dedicating a trail or trailhead to the City, or clustering development, as set forth in this Chapter.

Developed parcel” means (1) a parcel with a dwelling or (2) a parcel that is part of a dwelling site.

Drip line” means a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.

Hard surface” means asphalt or concrete or similar impervious materials.

Limits of disturbance (LOD)” means the area(s) of a development in which construction and development activity are to be contained. Areas consisting of natural ponds, streams, trees, and other vegetation where no grading work is done are not included in limits of disturbance.

Natural open space” means land in an open and undeveloped condition that is suitable for any of the following: natural areas; wildlife and native plant habitat; important wetlands or watershed lands; stream corridors; passive, low-impact activities; little or no land disturbance; or trails for nonmotorized activities.

Net developable acreage” means land that possesses all of the following characteristics:

(a) Has a slope of no more than thirty percent (30%), unless an exception to permitted slope is obtained, as may be allowed in Title 14 or 15, Provo City Code.

(b) Is located a minimum distance from any stream corridor or wetland as established in this Chapter.

(c) Is not located within one hundred (100) feet (map distance) from either side of the crest of a ridgeline designated for protection by the Planning Commission.

(d) Is not a right-of-way or road.

(e) Is not prohibited from being developed, as per the following: (1) the provisions of Chapter 15.05, Provo City Code, related to geological and natural hazards, or any other applicable provision of the Provo City Code, or other applicable state or federal law; or (2) a recorded document that prohibits the development of any portion of the property and is legally binding on the property owner.

Nonsight-obscuring fencing” means fencing that is more than fifty percent (50%) open.

Open space” means any area of a lot that is completely free and unobstructed from any human-made structure or parking areas.

Ordinary high-water mark” means the line on the bank to which the high water of a stream ordinarily rises annually in seasons, as indicated by changes in the characteristics of soil, vegetation, or other appropriate means that consider the characteristics of the surrounding areas. Where the ordinary high-water mark cannot be found, the top of the channel bank shall be used in place of the ordinary high-water mark. In braided channels, the ordinary high-water mark, or substitute channel bank, shall be measured so as to include the entire stream feature.

Overlay zone” means a zoning district that encompasses one (1) or more underlying zones and that imposes additional or alternative requirements to that required by the underlying zone.

Ridge” means the elongated crest at the apex or uppermost point of the intersection between two (2) opposite slopes of a hill or mountain.

Ridgeline” means a line, designated for protection by the City, connecting the highest points along a ridge and separating drainage basins or small-scale drainage systems from one another. A bench is not a ridgeline.

Significant trees” means live trees of six (6) inch caliper or greater, groves of five (5) or more smaller live trees, or clumps of live oak or maple covering an area of fifty (50) square feet to the drip line perimeter.

Slope” means the level of inclination of land from the horizontal plane determined by dividing the horizontal run or distance of the land into the vertical rise or distance of the same land and converting the resulting figure in a percentage value.

Stream” means a body of flowing water; natural watercourse containing water at least intermittently.

Stream corridor” means the corridor defined by a constant or intermittent stream’s ordinary high-water mark.

Tree” means a woody plant with a distinct central trunk.

Vegetation” means living plant material, including but not limited to trees, shrubs, flowers, grass, herbs, and ground cover.

Water-wise plant species” means low water use plants, trees, shrubs, and ground cover.

(Enacted 2020-22, Am 2023-39)