LDS Church breaks the law (Lehi City Development Code = Law), Email string between Ryan Wood and Myself

Email string between Ryan Wood and myself regarding a grading permit for the Thanksgiving Point Office Development by the LDS Church. 

In this string I am informing and telling Ryan Wood that the LDS Church is violating the Lehi City Development Code by not getting a proper grading permit.   

Ryan Wood believes the Church has a right to grade the Thanksgiving Point site without a permit.  I boldly disagree and tell him so in my emails.  

Read through the emails and see what you think. 

Original Email 

From: William Conley <billhytek@hotmail.com>
Sent: Sunday, May 15, 2016 7:35 AM
To: tjmunger@lehi-ut.gov; Ryan Wood; Bert Wilson
Subject: Blog Post  

Gentlemen

Please read my latest blog post as it relates to the LDS Church grading the Family Search site. I am demanding you shut down the grading of this site IMMEDIATELY!

For goodness sakes, read the code, enforce the code, abide by the code, every single word, you will be held accountable.

Thanks

Bill Conley

Clink on the link below. Read both posts.

Grading permit blog post

First Grading permit blog post

Ryan Wood response to my original email

From: Ryan Wood <rwood@lehi-ut.gov>
Sent: Monday, May 16, 2016 9:05 AM
To: William Conley
Subject: RE: Blog Post  

Bill, 

The LDS Church is acting within its Site Plan permit which was approved by the Planning Commission. It has posted its bond and a pre-construction meeting was held on May 10^th. The LDS Church is not required to obtain a grading permit under Chapter 12B. That Chapter only applies to projects where the developer wants to do grading only and doesn’t have Site Plan approval. The City is acting in accordance with city code. It is treating the LDS Church the way it treats all other developers. 

Ryan 

My response back to Ryan Wood 

From: William Conley <billhytek@hotmail.com>
Sent: Monday, May 16, 2016 1:57 PM
To: Ryan Wood
Subject: Re: Blog Post  

Ryan

Where EXACTLY in the Lehi City Development Code does it give a developer authority to grade their construction site without a grading permit.  I have poured over the code in multiple chapters in the Lehi Development Code and NO WHERE can I find that simply having a signed Site Plan Permit gives the developer the right or authority to grade a construction site without a grading permit.  I believe you are flat out WRONG and will not be able to provide me with the Lehi Development Code I am requesting. Keep in mind the applicant has not received a building permit for either project yet and I have filed an appeal on both projects.  I firmly believe and my know my research will bear out that this project needs to be put on hold until my appeals have been heard.  I have told you I plan to file a court action if I am not successful in the Board of Adjustments appeal. I have requested you provide me with the State and Local Statute that gives the developer the right to continue with their building project while an appeal has been filed, you have failed to provide me with the appropriate law.

Ryan, just because you say they can grade without a permit does not mean they can. In FACT, I have evidence from the Lehi City Development Code that proves they CANNOT proceed, where is your code them the permission  to begin grading without a permit and without planning commission and city council approval prior to receiving a grading permit as outline in Chapter 12-B.  Chapter 12-b is clear, no permit, no grading!

Nothing I have researched in any Lehi City development document allows them to grade this property without a permit other than you saying that the site plan approval grants them the authority (WHICH IT DOES NOT!) What they are doing is illegal and they must stop immediately.

Bill Conley

Ryan Wood response back to me

From: Ryan Wood <rwood@lehi-ut.gov>
Sent: Monday, May 16, 2016 3:13 PM
To: William Conley
Subject: RE: Blog Post  

Bill, 

Please reference the language in 11.300 that states “following the approval of Site Plan with the City the developer/owner may proceed with construction. 

As I stated previously, it has been the city’s practice that once a project has been properly bonded and a pre-con meeting held, the developer is allowed to proceed with site improvements (utilities, parking lot, landscaping, etc.) included in the Site Plan. Developers are made aware that until a building permit is issued, only work on site improvements is allowed. 

And respectfully, this will be the final e-mail you will receive from me on this subject. I do not have the time and the resources to respond to your repeated claims that the city is acting inappropriately in this matter. 

Ryan 

My final response back to Ryan Wood

From: William Conley <billhytek@hotmail.com>
Sent: Monday, May 16, 2016 5:00 PM
To: Ryan Wood
Subject: Re: Blog Post  

NO NEED TO RESPOND:

Ryan, better read ALL of Lehi City's development code and not and pick and choose which code you will follow (SOP).  Chapter 12-b is very clear:

Section 12-B.010 Grading Permit – Purpose and Intent (Amended 11/12/13)

B. During the construction process, soil is highly vulnerable to erosion by wind and water.........

PURPOSE

1. Safeguard persons, protect property, and minimize damage to the environment and local infrastructure.

2. Promote the public safety and welfare by guiding, regulating, and controlling the construction process, as well as the use and maintenance of any development or activity that disturbs or breaks the topsoil or results in the movement of earth.

3. Remedy sediment pollution when it occurs. 

C. For the purposes of this section, grading is defined as the act of leveling, smoothing, or otherwise preparing a development site for construction, by creating a level (or possibly sloped to a specific degree) base; or otherwise excavating, compacting, removing native vegetation, grubbing, cutting and/or filling a development site in preparation for the construction of an approved development project.  (must have a grading permit!)

Section 12-B.020 Grading Permit Requirements (Amended 11/12/13)

A. A grading permit is required for a project involving any of the following:

1. Any grading, clearing, or grubbing in excess of one (1) acre, (43,560 square feet). Clearing includes the felling or removal of trees, shrubs, or other native material when the ground has been disturbed in excess of one (1) acre.

C. Grading permit applications shall be submitted to the Lehi City Planning Department.

3. Grading Permits for grading projects with more than ten (10) contiguous acres may be issued by the Public Works Director following review by the Reviewing Departments, review and recommendation following a public hearing by the Planning Commission and review and approval following a public hearing by the City Council.

Say what you will Ryan about approval of a site plan by the planning commission exempts a developer from seeking a grading permit.  I boldly disagree and the code could not be much clearer.

Over 1 acre. MUST HAVE A GRADING PERMIT.  Plain and simple.  I am beginning to believe  you don't read and clearly understand what I send you and Lehi City's Development code.

I only reference the Lehi City code and the code in Chapter 12-b is there for a reason, did you read it?  Developers MUST obtain a grading permit prior to construction, do you see that? 

There is no debating this issue. If the city is allowing developers to begin construction on parcels over 1 acre without first receiving a grading permit, they are in violation of Lehi City code and are subject to fines and criminal penalties.

I suggest you start to enforce the code exactly as it is written, word for word and stop picking and choosing words in the code and using these to advance development projects.

The code couldn't be clearer.

Thank you for responding to my emails, I appreciate it Ryan.

Bill Conley

Final Comment

The LDS Church is required to get a grading permit. Any development project over 1 acre must receive a grading permit.

Any development project over 10 acres must receive both planning commission and city council approval before the public works department can issue a grading permit.  

The LDS Church once again breaks the law by violating Lehi City’s Land Use Development Code. 

What law won't the LDS Church break and which Law won't the City of Lehi enforce in the Family Search project, it appears, all of them!