3/18/24, 1:15 PM
https://mail.google.com/mail/u/0/?ik=93d547f79c&view=pt&search=all&permthid=thread-f:1793629138567116954&simpl=msg-f:1793629138567116954
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Scott Lyons <slyons@boxeldercounty.org>
Marble Family Site Plan Approval
1 message
Trevor Nielson <[email protected]> Fri, Mar 15, 2024 at 3:27 PM
To: "slyons@boxeldercounty.org" <slyons@boxeldercounty.org>
Dear Scott,
I just wanted to confirm that Trent is accurate. Although I don't foresee any issues in entering the agreement, my
experience has taught me they take time and sometimes people are not willing to do everything they said they were
willing once it is down on paper. I am comfortable with it appearing on the planning commission meeting agenda next
week, but I would recommend that if an approval is sought by the applicant, the approval be conditioned on the county
receiving a signed copy of the agreement between the canal company and the Marbles to confirm the issues have been
resolved. If that is not a possibility, I would request they table the agenda item allowing us time to draft and sign an
agreement.
I also have not seen the adjusted site plan, so I need to see that before I can confirm we see a path forward.
Sincerely,
Trevor Nielson
General Manager
Bear River Canal Company
275 N 1600 E
Tremonton, UT 84337
Office: 435-257-5975
Cell: 435-535-1761
3/18/24, 1:16 PM
https://mail.google.com/mail/u/0/?ik=93d547f79c&view=pt&search=all&permthid=thread-f:1793610752606231963&simpl=msg-f:1793610752606231963
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Scott Lyons <slyons@boxeldercounty.org>
Marble Site Plan
1 message
Trent Williams <[email protected]> Fri, Mar 15, 2024 at 10:34 AM
To: [email protected], [email protected], Scott Lyons <slyons@boxeldercounty.org>
Morning all,
I think we've been able to come to an understanding between the canal company and the Marble Family. We are
currently working on updating our site plan to reflect the updates.
The Marble Family will fence the canal easement along their property line, with a jog around the building for access
around the East side. Where the fence jogs around the building and enters the easement area, the fence will be built so it
can be removed if/when the canal company needs to complete and work in their easement. The Marble family will also
agree not to asphalt the easement area or push snow into the canal (won't be possible with the fence).
Chantry/Dee and BRC will work out the details above and enter into an agreement that gets recorded against the
property.
Scott,
If we can move forward with the county approvals, with the understanding that this is being worked out, that would keep
us on schedule.
Chantry and Trevor,
I'll stop playing middle man now and let you two work out drafting the document.
Please let me know if you have any questions or if I missed anything.
Trent Williams, PLS, Associate
ENSIGN ENGINEERING AND LAND SURVEYING
Main 801.547.1100 | Cell 801.529.2901
ENSIGNUTAH.COM
CONFIDENTIALITY NOTICE: The content of this e-mail is confidential and proprietary privileged. If you are not the intended recipient, please destroy it.
Chapter 5-9: Outdoor Lighting Standards
Sections.
5-9-010: Purpose
5–9-020: Definitions
5-9-030: General Standards
5-9-040: Property Lighting
5-9-050: Specific Standards
5-9-060: Exemptions
5-9-070: Procedures for Compliance
5-9-080: Legal Nonconforming Lighting
5-9-010: Purpose.
The Purpose of the Box Elder County Outdoor Lighting Ordinance is to establish regulations and
guidelines for outdoor lighting that enhance public safety and security while preserving the night
sky.
5-9-020: Definitions.
Certain words and phrases in this Chapter are defined in Chapter 1-3 of this Code.
5-9-030: General Standards.
1. Light Shielding and Direction: Unless specifically exempted below, all outdoor lighting
shall be fully shielded and downward directed in compliance with the following:
a. No artificial light source shall project direct artificial light into the nighttime sky;
b. No artificial light source shall be placed at a location, angle, or height that creates a
light trespass;
c. The shielding shall be made of completely opaque material such that light escapes
only through the bottom. Shielding that is translucent, transparent, has perforations or
slits of any kind, or allows light to escape through it in any other manner is not
permitted; and
d. Shielding may be attained by light fixture design, building design, or other site design
features such as fencing, walls, or other screening; provided, it is in strict compliance
with subsections B1a through B1c of this section.
5-9-040: Property Lighting.
1. Spot or flood lighting from a building or other structure is prohibited;
2. The overall height of any light, on a pole or building, used to illuminate the property
shall not exceed twenty feet (20');
3. All parking lot lighting shall use full cutoff fixtures along property lines.
5-9-050: Specific Standards.
In addition to the general standards of section 5-9-030 of this section, the following are specific
standards that apply to certain lighting types and circumstances:
1. Canopy Lighting: All direct artificial light sources shall be shielded or recessed and shall
not produce more than an average of twenty-five (25) foot-candles under the canopy;
2. Property Lighting: All artificial outdoor light sources shall not exceed one (1) foot-candle
at property line;
3. Flickering or flashing lights shall not be permitted;
4. Property and Canopy Lighting: Dimming controls shall be installed, which allow the
lighting to dim below the required average foot-candles.
5. Fixtures, Lamps, and Bulbs: Shall not exceed a maximum Correlated Color Temperature
(CCT) of 3,000 degrees Kelvin (as listed on the packaging or otherwise).
5-9-060: Exemptions.
The following light sources are exempt from the requirements of this chapter:
1. Federal and state flag lighting;
2. Seasonal Lighting: Outdoor lighting; provided, it is in compliance with the following:
a. Lighting shall not create a hazard or glare nuisance; and
b. The lighting shall be temporary (less than ninety (90) days in a calendar year);
3. Low-Output Light Source: An artificial light source having an output equal to or less than
one hundred five (105) lumens; provided, that the cumulative lumen output of all low
output light sources shall not exceed a ratio of one and one-half (1½) lumens per square
foot of cumulative illuminated area. This ratio shall be calculated by combining the total
lumen output of each low-output light source divided by the square footage of the area
intended to be illuminated;
4. Motion Sensor Controlled Light Source: An artificial light source that has a light output
equal to or less than nine hundred (900) lumens and is controlled by a motion sensor;
provided, it is in compliance with the following:
a. The motion sensor is set to turn the artificial light source off no more than ten (10)
minutes after the last detection of motion; and
b. The artificial light source is sufficiently shielded in a manner that prevents light
trespass;
5. Tower Lighting: Tower lighting required by the FAA or the FCC; provided, that it shall
not exceed the minimum requirements of those agencies. Collision markers shall have a
dual mode for day and night to minimize impact to the night sky and migrating birds;
6. Traffic control devices and city facilities.
7. Lighting for public athletic fields, courts, and recreational play areas provided the
lighting is shielded and directed in a manner that minimizes light trespass.
8. Temporary lighting for approved special events including outdoor concerts, theatrical
performances, community events, or film production.
9. Single and Two Family Residential: Single and Two Family Residences in compliance
with the following:
a. Exterior lights are down lighting so that lighting does not trespass to adjoining
properties.
b. All exterior lighting shall be shielded, hooded, or directed so that no direct light is
allowed to directly trespass onto adjacent properties.
5-9-070: Procedures for Compliance.
Prior to occupancy a commercial development shall be required to provide plans indicating the
location of all artificial light sources on the premises. The required plans shall be presented in a
manner that clearly demonstrates the development’s compliance to the Box Elder County
Outdoor Lighting Ordinance.
5-9-080: Legal Nonconforming Lighting.
1. Upon the adoption of this ordinance, all outdoor lighting fixtures not in conformity
herewith shall be considered legal nonconforming outdoor lighting (i.e., grandfathered
use), provided they were in compliance with the lighting regulations in effect at the time
of their installation, modification, expansion, or relocation.
2. Any modification, expansion, or relocation of existing lighting fixtures, constituting a
change or expansion of 50% or more of the existing lighting, on a commercially used
property shall require compliance with this ordinance.