MIDVALE CITY COUNCIL REGULAR MEETING AGENDA PDF Free Download
1 / 237/237
100%
6:00 p.m. - REGULAR MEETING
I. GENERAL BUSINESS
A. WELCOME AND PLEDGE OF ALLEGIANCE
B. ROLL CALL
C. Unified Police Department Report — [Chief April Morse]
II. PUBLIC COMMENTS
Any person wishing to comment on any item not otherwise scheduled for a public
hearing on the agenda may address the City Council at this point by stepping to the
microphone and giving their name for the record. Comments should be limited to
not more than three (3) minutes unless additional time is authorized by the City
Council. Citizen groups will be asked to appoint a spokesperson. This is the time
and place for any person who wishes to comment on issues not scheduled for public
hearing. Items brought forward to the attention of the City Council will be turned
over to staff to provide a response outside of the City Council meeting.
III. COUNCIL REPORTS
A. Council Member Bonnie Billings
B. Council Member Paul Glover
C. Council Member Heidi Robinson
D. Council Member Bryant Brown
E. Council Member Denece Mikolash
IV. MAYOR REPORT
A. Mayor Dustin Gettel
V. CITY MANAGER REPORT
A. Matt Dahl
VI. PUBLIC HEARING
MIDVALE CITY COUNCIL REGULAR MEETING
AGENDA
February 18, 2025
Public Notice Is Hereby Given that the Midvale City Council will hold a regular meeting on
February 18, 2025 at Midvale City Hall, 7505 South Holden Street, Midvale, Utah as follows:
Electronic & In-Person City Council Meeting
This meeting will be held electronically and in-person. Public comments may be submitted
electronically to the City Council at Midvale.Utah.gov/PublicComment by 5:00 p.m. on
February 17, 2025.
The meeting will be broadcast on You-Tube (Midvale.Utah.gov/YouTube)
7505 S Holden Street
Midvale, UT 84047
801-567-7200
Midvale.Utah.gov
City Council Meeting
February 18, 2025
Page 2
Consider Ordinance No. 2025-O-03 which adopts a Code Text Amendment to (1) modify
Section 17-7-17 of the Midvale City Municipal Code entitled Transit Oriented Development
Overlay Zone (TODO) and (2) adjust Section 17-2-4 to clarify the definition of the term
“Development”. These changes align the zone with state code and clarify when certain
activities are not considered “Development” — [Wendelin Knobloch, Planning Director]
ACTION: Consider Ordinance No. 2025-O-03 Authorizing an
Ordinance Amending Section 17-7-17 of the Midvale City
Municipal Code Entitled Transit Oriented Development Overlay
Zone (TODO) and Section 17-2-4 to Clarify the Definition of the
Term Development.
VII. CONSENT
A. Consider Minutes of February 4, 2025 — [Rori Andreason, H.R. Director/City
Recorder]
VIII. DISCUSSION ITEMS
A. TransJordan Landfill Update — [Kane Loader, Board Chair]
B. Discussion regarding Entering into an Agreement with ACE Disposal for Solid Waste
Services — [Glen Kennedy, Public Works Director]
C. Discuss Proposed Amendments to the FY2025 General Fund and other funds as
necessary — [Mariah Hill, Administrative Services Director]
IX. POSSIBLE CLOSED SESSION
The City Council may, by motion, enter into a Closed Session for:
A. Discussion of the Character, Professional Competence or Physical or Mental
Health of an Individual;
B. Strategy sessions to discuss pending or reasonably imminent litigation;
C. Strategy sessions to discuss the purchase, exchange, or lease of real property;
D. Discussion regarding deployment of security personnel, devices, or systems; and
E. Investigative proceedings regarding allegations of criminal misconduct.
X. ADJOURN
In accordance with the Americans with Disabilities Act, Midvale City will make reasonable
accommodations for participation in the meeting. Request assistance by contacting the
City Recorder at 801-567-7207, providing at least three working days advance notice of
the meeting. TTY 711
City Council Meeting
February 18, 2025
Page 3
The agenda was posted in the City Hall Lobby, on the City’s website at Midvale.Utah.gov
and the State Public Notice Website at pmn.utah.gov. Council Members may participate
in the meeting via electronic communications. Council Members’ participation via
electronic communication will be broadcast and amplified so other Council Members and
all other persons present in the Council Chambers will be able to hear or see the
communication.
Date Posted: February 13,
2025
Rori L. Andreason, MMC
H.R. Director/City Recorder
7505 S Holden Street
Midvale, UT 84047
801-567-7200
Midvale.Utah.gov
MIDVALE CITY COUNCIL
STAFF REPORT
2/18/2025
____________________________________________________________
SUBJECT
Consider Ordinance No. 2025-O-03 which adopts a Code Text Amendment to (1) modify
Section 17-7-17 of the Midvale City Municipal Code entitled Transit Oriented
Development Overlay Zone (TODO) and (2) adjust Section 17-2-4 to clarify the
definition of the term “Development”. These changes align the zone with state code and
clarify when certain activities are not considered “Development”.
SUBMITTED BY
Wendelin Knobloch, Planning Director
BACKGROUND AND ANALYSIS
The main purpose of this city-initiated code text amendment is to align the TODO zone
with state code requirements for HTRZs (Housing and Transit Reinvestment Zones),
best practices for walkable urban development, and general best practices for code
writing. HTRZs are a state authorized tool to capture tax increment and use it to
incentivize redevelopment. Midvale plans on applying for an HTRZ that uses the Fort
Union Trax Station as an anchor.
The following changes are incorporated into the new code text:
- Section deletions:
o Medium and high-density residential development standards
o Retail, office, and mixed-use development standards
o Retail, office, and mixed-use architectural standards
- Section additions:
o Development standards
o Architectural standards
- Use table deletions:
o Restaurant, drive-through; Animal Clinic/Hospital; Bed and Breakfast Inn;
Commercial Repair Services; Financial Institution W/Drive Up Window;
Heliport; Medium and High-Density Residential Developments (replaced
by Mixed-Use Commercial/Vertical)
- Development standards section:
o This section synthesizes the previously existing standards sections and
adds required mixed-use development around the Fort Union and Center
Street Trax Stations as shown on the incorporated maps.
o An incentive mechanism (17-7-17.3(H)) was added that can be evoked
with a minimum of 25% office, retail, or restaurant use on the first floor or
10% affordable housing was created in the zone to encourage mixed-use
in areas where it is not required. The areas of required mixed-use
development automatically qualify for the incentive. The incentive
increases the maximum building height from 5 stories to 10 stories and 85
dwelling units per acre to an unlimited density.
o A section on recreational amenities for residential uses was added (17-7-
17.3(J)).
- Architectural standards section:
o This section builds on the previously existing architectural standards
section and was modified to align the text with best code writing practices.
- Required landscaping section:
o This section synthesizes the previously existing landscaping standards
section and was modified to align the text with best code writing practices.
- Parking standards section:
o This section is based on the previously existing section and was modified
to make it consistent with other sections in the code and align the text with
best code writing practices.
- Renumbering of sections 17-7-17.7 to 17-7-17.12 to account for section deletions
elsewhere in the text.
- Definition of “Development”:
o The code language now relates the definition of “Development” to a
change of use and excludes minor activities such as replacing a water
heater.
Public notice was sent to affected entities as required in 17-3-9.B of the Municipal Code.
No comments have been received at the time of this writing.
-ZONING CODE AMENDMENT CRITERIA-
Midvale City Code 17-3-1(F) outlines the criteria necessary for amendments to the
zoning code. A proposal may only be approved if it demonstrates one or more of the
following:
1. The proposed amendment promotes the objectives of the general plan and
purposes of this title;
2. The proposed amendment promotes the purposes outlined in Utah State Code
10-9a-102;
3. The proposed amendment more clearly explains the intent of the original
language or has been amended to make interpretation more straightforward; or
4. Existing zoning code was the result of a clerical error or a mistake of fact.
Staff finds that this proposal meets criteria 1-3 listed above.
Criterion 1 is met, because this code amendment promotes the redevelopment
objectives of the West Gateway and Middle State Street Opportunity Areas of the
General Plan. The purpose of Midvale Municipal Code Title 17 is met because this code
amendment promotes coordinated development, redevelopment, effective use of land
and site planning.
Criterion 2 is met, because this code amendment promotes many of the purposes
dealing with general land use authority such as promoting prosperity and protecting the
tax base.
Criterion 3 is met, because numerous changes were made that clarify the intent of the
ordinance and express concepts in plain language that follows best legal and zoning
practices.
STAFF RECOMMENDATION
Staff recommends the City Council approve the code text amendment with the following
finding:
1. The amendment complies with Midvale City Code 17-3-1(F) and meets criteria 1-
3.
PLANNING COMMISSION RECOMMENDATION
The planning commission recommended approval of the code text amendment
unanimously.
RECOMMENDED MOTION
I move that we approve Ordinance No. 2025-O-03 which adopts a Code Text
Amendment to (1) modify Section 17-7-17 of the Midvale City Municipal Code entitled
Transit Oriented Development Overlay Zone (TODO) and (2) adjust Section 17-2-4 to
clarify the definition of the term “Development”. These changes align the zone with state
code and clarify when certain activities are not considered “Development”.
ATTACHMENTS
1. Ordinance No. 2025-O-03
2. Code Text Unmodified and Modified with Explanations for Comparison
ORDINANCE NO. 2025-O-03
AN ORDINANCE AMENDING SECTION 17-7-17 OF THE MIDVALE CITY
MUNICIPAL CODE ENTITLED TRANSIT ORIENTED DEVELOPMENT OVERLAY
ZONE (TODO) AND SECTION 17-2-4 TO CLARIFY THE DEFINITION OF THE
TERM DEVELOPMENT.
WHEREAS, pursuant to Utah Code Annotated Sections 10-8-84 and 10-9a-501 through
10-9a-503, Midvale City (“the City”) has authority to make and amend any regulation of or
within zoning districts or any other provision of the land use ordinance to promote the prosperity,
improve the morals, peace and good order, comfort, convenience, and aesthetics of the
municipality; and
WHEREAS, on January 2, 2002, the Midvale City Zoning Ordinance, Title 17 of the
Midvale City Municipal Code (the “Code”), became effective and is subject to amendments from
time to time pursuant to Section 17-3-1 the Code; and
WHEREAS, pursuant to Section 16-01-010 of the Code, the City desires to promote the
protection of public health, life and safety; protect the character and social and economic
stability of all parts of the city; protect and preserve the value of land throughout the
municipality; guide public and private policy and action; establish responsible standards; prevent
pollution and degradation of air, streams, and ponds; preserve the natural beauty and topography;
and provide for open spaces through the most effect design and layout of the land;
WHEREAS, pursuant to Section 17-1-1 of the Code, the City desires to promote
coordinated development, redevelopment, effective use of land, and site planning; protect and
promote public safety, health, and general welfare by providing adequate light and air, water and
sewage control, police, fire and wetlands protection; and secure economy in governmental
expenditures; and
WHEREAS, the City desires to amend Section 17-7-17 entitled Transit Oriented
Development Overlay Zone (TODO) to align with state code requirements for HTRZs (Housing
and Transit Reinvestment Zone) and section 17-2-4 (Definitions) to clarify the term
“development”; and
WHEREAS, the Planning Commission held a public hearing on February 12, 2025, to
review the request for amendments and, after considering all the information received, made a
recommendation to approve the amendment request to the City Council; and
WHEREAS, the City Council of Midvale City, Utah held a public hearing on February
18, 2025; and
WHEREAS, after taking into consideration citizen testimony, planning analysis, and the
Planning Commission’s recommendation as part of its deliberations, the City Council finds it is
appropriate and within the best interest of the City to make changes to the Code.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Midvale City, Utah
as follows:
Section 1. The following sections of the Midvale City Municipal Code are hereby
amended as included in the attachment to this document:
• Attachment A: Amending Sections 17-7-17 and 17-2-4.
Section 2. This ordinance shall take effect upon the date of first publication.
PASSED AND APPROVED this 18th day of February, 2025.
________________________________________
Dustin Gettel, Mayor
ATTEST: Voting by City Council “Aye” “Nay”
Bonnie Billings
Paul Glover
__________________________ Heidi Robinson
Rori Andreason, MMC Bryant Brown
City Recorder Denece Mikolash
Date of first publication: ______________
Attachment A:
(Page left blank intentionally)
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 1 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Chapter 17-7-17
TRANSIT-ORIENTED DEVELOPMENT OVERLAY ZONE (TODO)
Sections:
17-7-17.2 Use table.
17-7-17.3 Development standards.
17-7-17.4 Architectural standards.
17-7-17.5 Required landscaping.
17-7-17.6 Parking.
17-7-17.7 Utilities.
17-7-17.8 Signs.
17-7-17.9 Conditional use standards of review
17-7-17.10 Live/work units.
17-7-17.11 Itinerant merchants
17-7-17.12 Related provisions.
17-7-17.2 Use table.
If a use is not specifically designated, then it is prohibited. Uses designated with an asterisk (*)
have additional use-specific standards included in subsection (A) of this section. Someses have
additional standards included in Chapter 17-6, Supplementary Regulations.
Table 17-7-17.2. Uses
Type Allowed Administrative Conditional
Business
License
Alcoholic Beverage
Class A License
X
X
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 2 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Type Allowed Administrative Conditional
Business
License
Class B License
X
X
Class C License
X
X
Restaurant
X
X
Private Club
X
X
X
State Liquor Store
X
X
Assisted Living Facility
≤ 1/2 acre
X
X
> 1/2 acre
X
X
Auditorium, Assembly Hall
X
X
Child Care
Center: ≤ 6 children
X
X
Facility: ≥ 7 children
X
X
Dwellings
Mixed-Use, Commercial or
Vertical
X
X
Entertainment Center
X
X
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 3 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Type Allowed Administrative Conditional
Business
License
Fences
≤ 7'
X
> 7'
X
Financial Institution
W/o Drive Up Window
X
X
Home Occupation
X
X
Hotel/Motel
X
X
Itinerant Merchant
Vending Carts
X
X
Seasonal Produce Stands
X
X
Live/Work Units
X
X
Medical Cannabis Pharmacy*
X
X
Municipal Facilities
Parks
X
Public Safety Facility
X
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 4 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Type Allowed Administrative Conditional
Business
License
Public Utilities
Major
X
Minor
X
Recreational Facilities
Commercial
X
X
Public
X
Trails
X
Office
General
X
X
Intensive
X
X
Outdoor Dining
X
Parking Lot
Commercial
X
X
Private
X
Pre-Existing Landscaping
X
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 5 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Type Allowed Administrative Conditional
Business
License
Pre-Existing Lighting (outdoor)
X
Pre-Existing Lot
X
Pre-Existing Structure
X
Pre-Existing Use
X
Quasi-Public Facilities
X
X
Religious, Educational Institute
Permanent
X
X
Temporary
X
X
Retail and Service Commercial
W/o Drive Up Window
X
X
24-hour use
X
X
Shopping Center
X
X
Telecommunications Facility
X
Transportation Facility
Major
X
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 6 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Type Allowed Administrative Conditional
Business
License
Minor
X
17-7-17.3 Development standards.
The following development standards apply to all development in the zone:
A. Lot Area. There is no minimum lot area.
B. Setbacks. Development shall comply with the following setbacks:
1. Front. Any frontage of a property is required to comply with the front yard setbacks in
this subsection. The front yard setback is 10 feet, which shall include a 10-foot wide
sidewalk, with tree wells, street furniture, planter boxes, and other urban design amenities.
Additional front yard setback beyond 10 feet is permitted if the additional area provides
space for outdoor dining, shopping, a patio, or a courtyard. The front yard setback is
measured from the back of curb.
a. Corner Lot Rule. Corner lots have two front yards.
b. Projections. Sills, cornices, flues and ornamental features may project into the front
yard setback up to 2 ½ feet, provided the feature does not impede pedestrian traffic on
the sidewalk and is at least eight feet above the ground. Eaves, awnings, arcades and
second story and above balconies may project into the front yard up to five feet so
long as these elements are at least eight feet above ground and do not impede
pedestrian traffic on the sidewalk.
2. Rear. There is no rear yard setback for development except as required by the
International Building Code, landscape buffers, and the single family setback. The rear of a
building may not abut a public street.
3. Side. There is no side yard setback for development except as required by the
International Building Code, landscape buffers, and the single family setback. The only
allowed uses within the side setback are outdoor dining, gathering, and shopping.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 7 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
4. Single Family Setback. The minimum setback from the property line, when adjacent to a
single family residential zoned property, is 15 feet, subject to the following requirements
and exceptions. Development is considered adjacent when the development property
directly abuts a single family residential zone property.
a. Three-story structures must be set back 30 feet from an adjacent single family
residential zoned property. Four-story structures must be set back 45 feet from an
adjacent single family residential zoned property. Five-story structures and above must
be set back 60 feet from an adjacent single family residential zoned property. Every
additional two stories must have a building step-back of 15 feet up to seven stories
from an adjacent single family residential zoned property (up to 10 stories only if
incentives have been obtained, the 10th story does not need a separate setback).
b. Projections. Sills, cornices, chimneys, flues, eaves, and ornamental features may
project into the setback up to 2 ½ feet.
c. Stairs and Landings. Outside stairways and landings required by building code for
exterior doorways may project into the setback up to three feet.
C. Build-To Line. The front yard setback is the build-to line. At least 50% of the front elevation
must be built within three feet of the build-to line. Recessed plazas, courtyards and trellises are
encouraged. The structure may be set back an additional 15 feet to allow for the inclusion of an
outdoor dining area, courtyard, patio, or outdoor shopping area.
D. Height. The maximum height for a structure is five stories, unless the structure qualifies for
incentives under this Section. The maximum height for any structure is 150 feet.
E. Maximum Density. For commercial and vertical mixed-use development, the maximum
density is 85 dwelling units per acre.
F. Stories. All building types must be from three to five stories..
G. Vertical or Commercial Mixed-Use Requirement. A vertical or commercial mixed-use
component is required in the areas shown in Figures 1 and 2 below. The first story of any
vertical or commercial mixed-use structure must consist of a minimum of 50% of the building
footprint as office, retail, or restaurant use. Buildings that front on Fort Union Blvd may not
contain office use along that frontage on the first story. Additional retail, restaurant, or office
uses may be included in upper stories if multi-family residential units make up at least 50% of
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 8 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
the building’s gross floor area. Developments in the Required Mixed-Use Areas automatically
qualify for the incentive in Subsection 17-7-17.3(H).
Figure 1: Required Mixed Use Area Near Center Street TRAX Station
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 9 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Figure 2: Required Mixed Use Area Near Fort Union TRAX Station
H. Incentive for Vertical or Commercial Mixed-Use Component. A vertical or commercial mixed-
use structure may have up to 10 stories and no maximum density if the first story of the
structure consists of a minimum of 25% office, retail, or restaurant use.
I. Incentive for Affordable Housing. A vertical or commercial mixed-use structure may have up to
10 stories and no maximum density if at least 10% of the dwelling units in the structure are
deed-restricted as affordable housing.
J. Required Recreational Amenities. A vertical or commercial mixed-use structure that has a
residential use must provide both indoor and outdoor recreational amenities for residents of
the structure. The number and type of amenities shall be based on the unit count for the
project and calculated as follows:
Unit Count
Type of Amenity
< 100 units
2 indoor amenities
1 outdoor amenity
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 10 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Unit Count
Type of Amenity
100-200 units
3 indoor amenities
2 outdoor amenities
201-400 units
4 indoor amenities
3 outdoor amenities
> 400 units
5 indoor amenities
4 outdoor amenities
The following recreational amenities can be used to meet the indoor amenity requirement:
minimum 1,000 square-foot fitness center (can be counted as two amenities); minimum 500
square-foot club/recreation room; minimum 200 square-foot business center/meeting room; or
minimum 150 square-foot yoga room; theatre room; golf/sports simulator.
The following recreational amenities can be used to meet the outdoor amenity requirement:
pool and spa; outdoor kitchen/barbeque area with tables and seating; pavilion with tables and
seating; tot lot; perimeter jogging/walking path with connection to a public pedestrian system
and public recreation areas; firepit with seating; or sports court.
K. Structure Orientation and Scale. Structures shall be oriented and scaled as follows:
1. Structures shall be serviced by a minor street or driveway and may not gain access from
Center Street or a feeder, collector, major collector, or minor arterial street except as
approved by the city engineer. Structures that front a courtyard, paseo, common open
space, or recreation area are encouraged.
2. Structures shall be arranged and situated to relate to surrounding properties, to
improve the view from and of buildings and to minimize road area.
3. Ground floor pedestrian entrances must be oriented toward adjacent streets, plazas,
courtyards, sidewalks and trails.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 11 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
4. Structures shall be designed to minimize pedestrian and automobile conflict while
providing pedestrians direct access to a sidewalk or trail.
5. Structures shall be designed with separate residential and commercial entrances.
6. Massing should be divided into rhythmic blocks to bring the design of the unit much
closer to the human scale and to create a pedestrian-friendly atmosphere.
7. Long structure rows without varying setbacks or mass should be avoided to prevent
wind tunneling and long-term shadow casting.
8. Structure planes shall incorporate varying heights, textures, shapes or colors to mitigate
the visual impact buildings have on the public realm.
9. Structure design and orientation should consider exposure to sunlight to avoid energy
inefficiencies.
10. Gathering areas in central areas and between structures is encouraged. These areas
shall be designed, through landscaping, hardscape, outdoor furniture, and public art,
among others, to create a conducive atmosphere for people to come together.
17-7-17.4 Architectural standards.
All development shall comply with the following architectural standards:
A. New Structure Form. Structures shall be designed to relate to grade conditions with a
minimum of grading and exposed foundation walls. The design shall create easy pedestrian
access from adjacent uses, on-street parking, sidewalks and parking areas. Commercial
buildings shall be designed with ground floor architectural separation to enhance street activity
and walkability. All proposed building designs must incorporate an expansive use of windows,
balconies, terraces, arcades or other design features, which are oriented to the street and other
pedestrian accesses, to maximize the pedestrian interface. Windows, display windows and
doors must comprise at least 40% of street-facing facades on the developments with first-floor
commercial uses. Blank facades are not allowed to face public rights-of-way and may not
exceed 30 feet in length on all other facades.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 12 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
B. Walls. No more than three materials shall be used for primary wall surfaces. All exterior
walls shall be constructed in compliance with the following:
1. Materials. Exterior finishes shall be of traditional, time- and weather-tested techniques
and shall include a substantial use of brick, cultured brick, natural or cultured stone, prairie
stone, and/or wood or synthetic wood products. Glazing may be used as a primary exterior
material when glazing is proposed as a major architectural design element or look for a
project area consisting of at least two buildings. Retaining and screening walls shall be of
materials complementary to the building’s materials.
2. Stucco. The use of stucco, synthetic stucco and EIFS should be limited and shall not
exceed 50% of any elevation.
3. Other Architectural Materials/Finishes. Architectural precast concrete, architecturally
treated concrete masonry units, and architectural metals should be used primarily to
provide architectural detail and relief. Fiberglass and/or metal panels may be used in
relatively small quantities.
4. Prohibited Materials. Vinyl and aluminum siding products are prohibited as wall
materials.
5. Base Materials. Each building shall have a base with a minimum height of 1/3 the overall
height of the structure. The base shall extend beyond the plane of the wall above it,
creating a larger mass at the base of the building.
6. Brick and Rock Pattern. Ledge stone, uncoursed ledge rock, random or coursed ashlar
Flemish bond, English bond, common bond, running bond or drystack patterns shall be
used for finished brick, rock and stone work. Herringbone, basketweave, vertical stack,
stack bond, uncoursed roughly squared, and other vertical, irregular, or diagonal masonry
patterns or vertical, non-alternating bond courses may be used only as an accent. Other
masonry patterns shall not be used on vertical surfaces.
7. Color Scheme. Structures shall use a cohesive palette of colors which complement
nearby structures. Without limiting the use of color, large areas of walls shall be subdued in
color and not reflective. Intense colors should be used as accent only.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 13 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
8. Design Consistency. All exposed sides of a structures shall be designed with the same
level of care, quality and integrity. Structures should be attractive and visually engaging
from all exposed sides.
C. Roofs. Roof lines and shapes shall be consistent with the design and structure of the
building, and should be consistent with the roof lines of adjacent buildings. Roof forms should
reflect the facade articulation and building massing, as opposed to a single-mass roof over an
articulated facade.
1. Pitched Roofs. Where pitched roofs are used, the following standards shall apply:
a. All the roofs and secondary roofs of a building shall be constructed of the same
material. All metal roofs must be of a subdued color. Painted roof shingles are
prohibited.
b. Slopes of roofs shall be of equal pitch if a gable or hip roof is employed. Roof forms
shall be designed in ways or used in combinations to break up large, continuous
building forms, particularly for structures that are wider than they are tall. Long
unbroken ridgelines are prohibited.
2. Parapets. Parapets shall be provided to articulate flat roofs and hide roof-mounted
equipment. The following standards shall apply:
a. Parapets shall have strong cornice detailing to provide interest and scale.
b. Long unbroken parapets, particularly for buildings that are wider than they are tall,
are prohibited.
3. Rooftop mechanical equipment shall be hidden from view from the adjoining street
with either a parapet or a penthouse. Penthouses shall utilize materials, colors and form
similar to that of the structure.
D. Openings. The following standards apply to openings of all structures:
1. Entry Doors. Entry doors must face the front yard or, if located on the structure side,
must be placed within three feet of the front facade. Entry doors must be covered by a roof
and must be a primary element of the front of the structure.
2. Windows. Bay windows shall have from three to five sides.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 14 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
3. Minimum Opening Area. At least 25% of any street-facing building facade shall be made
up of window or door areas. At least 15% of any other building facade on a third or higher
story shall be made up of windows, balcony or other opening areas unless an adjacent
building within 20 feet of that side face obscures the majority of that side face from public
view.
E. Fences, Hedges and Walls. The following standards apply to fences, hedges, and walls:
1. Required Setbacks. A fence, hedge, wall, column, pier, post, or any similar structure or
any combination of such structures is permitted in the required setback if it meets the
following conditions.
a. No fence, hedge, or wall may extend beyond or across a property line without a
recorded agreement with the abutting property owner;
b. Only one fence or wall shall be allowed per property line. Double fences, walls or
combinations thereof are prohibited; and
c. No fence, hedge, wall, column, pier, post, or any similar structure may interfere or
extend into a required sidewalk.
2. Height. No fence or wall may exceed seven feet in height, four feet in height from the
front of the primary structure forward, nor three feet in height in the sight distance
triangle, measured as follows:
a. In a required yard abutting a street, the total effective height above the finished
grade measured on the side nearest the street;
b. In any other required yard, the total effective height above the finished grade
measured on the side nearest the abutting property;
c. On a property line, measured from the finished grade of either side when the
abutting property owners are in agreement; and
d. A temporary fence on a construction site may be as high as required to protect the
property during the period of construction.
3. Building and Construction Standards. All fences and walls meet the requirements of Title
15 of this code, Buildings and Construction.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 15 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
4. Athletic Facilities. Fencing around athletic facilities, including, without limitation, tennis
courts, may be 14 feet in height so long as all portions above six feet are constructed with
at least 50% non-opaque materials.
5. Barbed Wire and Electrical Fences. No barbed wire or other sharp, pointed, or electrically
charged fence may be erected or maintained, except a temporary fence on a construction
site to protect the property during the period of construction may be topped with barbed
wire where the barbed wire is not less than eight feet above the ground and does not
extend more than two feet above the temporary fence.
F. Lighting. Except for ordinary repairs and maintenance of lighting approved and installed
prior to January 2, 2002, all development must comply with the following outdoor lighting
standards:
1. Light Source. Light sources shall be at least as efficient as LED and no greater than four
thousand K in correlated color temperature (CCT). Light levels shall be designed such that
light trespass measured at the property line does not exceed 0.01 foot-candles. Light
fixtures shall use a cutoff luminaire that is fully or partially shielded with no light
distributed above the horizontal plane of the luminaire or into nearby residential
structures. In no case shall the total lumens emitted for a single site exceed 100,000
lumens per acre.
2. Parking Lot Lighting. Parking lot lighting shall be designed and constructed to comply
with the following standards:
a. Pole Height/Design.
i. Luminaire mounting height is measured from the parking lot or driveway
surface.
ii. Poles and fixtures shall be black, dark brown, or another neutral color
approved by the community development director.
iii. All attempts shall be made to place the base of light poles within landscape
areas.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 16 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
iv. Light poles in parking areas shall not exceed 30 feet in height. Poles exceeding
10 feet in height are appropriate only for parking areas exceeding 200 stalls and
not in close proximity to residential areas.
3. Other Outdoor Lighting Standards.
a. Wall-mounted lighting fixtures shall not be located above 18 feet in height unless
being used as building accent lighting. Fixture styles and finishes shall complement the
building exterior.
b. Lighting located along pedestrian pathways or in areas primarily dedicated to
human activity shall be bollard style lighting or down-directed lighting not to exceed 12
feet in height. Pedestrian lighting shall be coordinated through each project and shall
complement adjacent projects to the greatest extent practical.
c. In order to avoid light pollution, backlit awnings, up-light spotlights, and floodlights
are prohibited.
d. Street lighting shall meet the requirements for street lights under Title 16.
4. Upgrading Preexisting Lighting. An applicant must bring preexisting lighting into
compliance with this code upon application with the business license department for a
change in ownership, new business in a stand-alone structure, or in a multi-tenant
structure in which the new business utilizes more than 50% of the building square footage
on the site, in conjunction with an application for a building permit for any alteration,
remodel, or expansion of any structure on the property, or in conjunction with changes to
the approved site plan.
5. Lighting Plan Submission Requirements. A lighting plan is required for all development
and must contain the following:
a. Plans indicating the location on the premises, and the type of illumination devices,
fixtures, lamps, supports, reflectors, installation and electrical details;
b. Description of illuminating devices, fixtures, lamps, supports, reflectors, and other
devices that may include, but is not limited to, manufacturer catalog cuts and
drawings, including section where required; and photometric data, such as that
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 17 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
furnished by manufacturers, or similar showing the angle of the cutoff or light
emission; and
c. A point-by-point light plan to determine the adequacy of the lighting over the site.
G. Screening.
1. Trash collection and recycling areas, service areas, mechanical equipment and loading
docks shall be screened on all sides so that no portion of such areas is visible from public
streets and alleys and adjacent properties. Required screening may include new and
existing plantings, walls, fences, screen panels, doors, topographic changes, structures,
horizontal separation, or any combination thereof.
2. For nonresidential and commercial or vertical mixed-use structures, all roof-mounted
mechanical and electrical equipment, communication antennas, and dishes shall be
screened from the view of a pedestrian at the far side of the adjoining right-of-way or 100
feet from the front property line, whichever is less. This includes being screened through
the design or location of the equipment, antennas, and dishes as part of the overall
architectural design.
3. Refuse containers shall be screened from view on all sides. Screen walls and fences
shall be one foot higher than the object to be screened. An opaque gate shall be included
where required to complete screening.
4. Loading docks and service areas shall be located to the rear of buildings. Where
loading docks or service areas are directly visible from streets and nearby residential
buildings, they shall be screened by walls at least eight feet high, or densely and
continuously massed landscaping that maintains its screening capabilities in the winter.
Raised planters, berms or other land forms may also be used in conjunction with
landscaping or walls. A combination of dense, continuous landscaping and walls may allow
the use of lower walls, but no wall may be shorter than four feet high from finished grade.
H. Corner Lot Improvements. Development of corner lots shall include curb extensions in
conjunction with on-street parking. All curb cuts shall be placed on each street frontage, and
not at a central location at the apex of the corner radius.
I. Street Furniture. All development shall include all-weather benches and shall incorporate
trash receptacles and raised planters along the front facades of structures. All street furniture
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 18 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
shall coordinate with one another and with adjacent properties and shall not have any writing
or images.
J. Weather Protection. All development shall incorporate awnings, arcades or roof projections
along pedestrian pathways to shield pedestrians from adverse weather conditions. Weather
protection features such as awnings, canopies, or arcades shall be provided at all customer
entrances. Awnings shall not be backlit.
K. Exterior Structure. All exterior walls of all structures shall be constructed in compliance with
the following:
1. Finishes. All buildings and vertical and commercial mixed-use structures shall use one or
more of the following durable materials as significant finish: architectural precast concrete,
architecturally treated concrete masonry units, brick cladding, natural and cast stone,
prairie stone, architectural metals, and glazing. Architectural site-cast concrete may be
allowed if designed, articulated, and colored for a finished appearance on all buildings and
vertical and commercial mixed-use structures. At least 50% of all buildings and vertical and
commercial mixed-use structures visible from a major thoroughfare shall be composed of
brick, stone, architecturally treated concrete masonry units, architectural precast concrete
and/or glazing.
2. Quality. High standards for exterior materials, exterior building systems, and their
application are expected. In particular, the design and application of EIFS or synthetic
stucco is expected to be of a high enough quality to allow for crisp detailing and substantial
relief. The wall area from finished grade to where the use of EIFS begins shall be clad by a
hard, durable material such as brick, stone, architectural precast concrete, or
architecturally treated concrete masonry units.
3. Form Variations. Buildings and vertical and commercial mixed-use structures shall
provide variation in the form of facades that adjoin streets. Street-facing facades shall
make use of at least two of the following variations. Secondary facades shall make use of at
least one of the following variations. Variations should result from significant dimensional
changes in plane, color or detail as accomplished by such devices as:
a. Protruding bays or columns;
b. Recessed entries;
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 19 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
c. Upper level step-backs;
d. Arcades;
e. Offsets, projections and shifts in the general plane of the facade;
f. Changes in materials or color;
g. Bay windows;
h. Vestibules;
i. Porches;
j. Balconies;
k. Exterior shading devices;
l. Non-retractable canopies or awnings;
m. Projecting cornices; or
n. Eaves.
4. Window Treatments. Street-facing facades and the faces of and vertical and commercial
mixed-use structures shall include at least two of the following window treatments with at
least one window treatment per window. All other facades and faces shall utilize at least
one of the following window treatments per window. Treatments may include:
a. Varying the size and/or style of windows;
b. Window sills;
c. Window grids;
d. Window trim;
e. Window headers;
f. Window railing;
g. Recessed windows; or
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 20 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
h. Arcades.
5. Architectural Treatments. Street-facing facades and the faces of vertical and commercial
mixed-use structures shall include at least two of the following architectural treatments. All
other facades and faces shall include at least one of the following architectural treatments.
Treatments that add detail, character, and reduce the appearance of massive blank walls
may include:
a. Ornamental details such as quoins, knee braces and exposed joists;
b. A change of material applied to at least 20% of the facade;
c. A change of color applied to at least 20% of the facade;
d. Decorative parapets;
e. Reveals;
f. Pilasters;
g. Architectural banding or belt courses;
h. Cornice other than that at the top of the building;
i. Rounded design at street corners;
j. A change of pattern applied to at least 20% of the facade; or
k. A distinguished upper floor for buildings with at least four floors.
6. Awnings/Canopies/Arcades. Awnings, canopies, arcades or other architectural features
shall be used to reduce glare on front glass and to shelter the pedestrians standing near
the structure. Cantilever awnings and canopies from the building facade so as to keep
sidewalks as clear and unobstructed as possible.
7. Primary public entry(s) shall be architecturally emphasized so that pedestrians can
easily find them.
8. Opaque (solid) storefront security closures (rolling doors, etc.) are not allowed.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 21 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
9. Entryways. Each building or commercial or vertical mixed-use structure on a property
shall have clearly defined, highly visible customer entrances featuring a combination of
several elements such as:
a. Canopies, awnings or porticos;
b. Projecting eaves and cornices;
c. Recesses/projections of wall surfaces;
d. Arcades;
e. Raised parapets over the door;
f. Peaked roof forms;
g. Lighting features;
h. Entry plazas;
i. Display windows;
j. Architectural details such as masonry tile work and moldings which are integrated
into the building structure and design;
k. Integral planters or wing walls that incorporate landscaping; or
l. Signs integrated with the building architecture.
10. Secondary Facades. Building facades and the faces of and vertical and commercial
mixed-use structures that face the street but do not have pedestrian entries shall be
composed of high-quality materials such as brick or stone, and shall provide variety and
interest in the facade through the introduction of such elements as pilasters, recessed or
protruding bays, changes in materials and/or colors, building lighting elements, display
windows with products or product graphics, transparent windows or clerestories, and well-
designed signs and graphics.
11. Mixed-Use Buildings and Structures. Structures that include both commercial and
residential uses shall make use of architecture, materials, terracing, scale and other
techniques to create a distinct separation between the commercial and residential uses in
the structure.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 22 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
a. Mandatory Elements. Commercial and vertical mixed-use structures shall feature a
combination of at least two of the following elements:
i. Terracing that creates a visual break between the commercial and residential
areas of the structure;
ii. Material, color, and/or texture changes between the commercial and
residential floors of the structure;
iii. Bulk or facade shifts between the commercial and residential floors of the
structure;
iv. Architectural treatments that make the commercial portions of the structure
serve as a base for the residential floors;
v. The use of a significant percentage of transparency on the commercial levels of
a structure and smaller openings for the residential floors; or
vi. The use of balconies and/or bay windows for residential floors.
b. Signage. Commercial and vertical mixed-use structure shall make substantial use of
signage that is pedestrian in scale and is intended to guide visitors in locating the
commercial and residential portions of the structure.
L. Miscellaneous. Security devices shall have materials and colors that complement the
structure’s material. Satellite dishes over 18 inches shall not be placed in front yards.
M. Streetscapes and Pedestrian Connections. All development must present an attractive,
coordinated streetscape. Development must incorporate interior pedestrian access between
structures to minimize pedestrian travel through parking areas and provide for the safety and
convenience of pedestrians by constructing pedestrian crossings with stamped, dyed, or raised
walks. (Ord. 2019-06 § 1 (Att. B (part)); Ord. 2017-04 § 1 (Att. A (part)))
17-7-17.5 Required landscaping.
All development shall comply with the following landscaping standards:
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 23 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
A. Landscape Plan Required. Each property shall be professionally landscaped according to an
approved landscape plan. An approved landscape plan is a condition precedent to issuance of a
building permit for a property.
B. Minimum Number of Trees. A minimum of one deciduous tree, 2 inches in caliper, for every
30 feet of frontage.
C. Residential Buffer. Development shall provide a minimum 15-foot landscaped buffer from
residential-zoned properties consisting of large trees, shrubs, and a minimum seven-foot
screening wall as provided in the diagram below. A screening wall up to eight feet may be
approved by the planning commission if so warranted. The screening wall shall be constructed
of wood, metal, brick, masonry or other permanent materials along all property boundaries
adjacent to single family residential zones. Development that abuts a roadway bordering a
single-family residential zone is exempt from this requirement.
TOD Overlay Zone Buffering Standard
D. Plant Materials. Areas requiring landscaping shall be planted with substantial, thematic, live
plant material including plants, shrubs, trees, sod, etc., for the purpose of buffering, screening,
and improving the visual quality of the site.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 24 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
1. Types of Vegetation. At least 25% of the landscaping must be evergreen. Up to 25% of the
landscape area can include specialty paving, street furniture, and outdoor seating areas.
Trees that are planted in the park strip shall meet the specifications described in the
standard construction specifications of Midvale City.
2. Size of Trees. The following standards apply to the use of plant and tree material:
a. Deciduous Trees. All deciduous trees shall have a minimum caliper size of two
inches.
b. Ornamental Trees. All ornamental trees shall have a minimum caliper size of 1 ½
inches.
c. Evergreen Trees. All evergreen trees shall have a minimum height of six feet.
3. Street Trees. To promote a uniform appearance within the zone, street trees must be
selected from Midvale’s “Street Tree Selection Guide.”
E. Sprinkling System. Landscaping shall be installed with an automatic sprinkling system
designed to cover all plated areas, with no runoff.
F. Irrigation/Planting Plan. The applicant must submit a landscape plan documentation package
as part of a site plan application. A copy of the approved landscape documentation package
shall be provided to the property owner or site manager. The landscape plan documentation
package shall consist of the following items:
1. Documentation.
a. Project Data Sheet. The project data sheet shall contain the following:
i. Project name and address;
ii. Applicant’s or applicant’s agent’s name, address, phone and fax number;
iii. Landscape designer’s name, address, phone and fax number; and
iv. Landscape contractor’s name, address, phone and fax number, if known.
b. Planting Plan. A detailed planting plan shall be drawn at a scale that clearly
identifies the following:
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 25 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
i. Location of all plant materials, a legend with botanical and common names, and
size of plant materials;
ii. Property lines and street names;
iii. Existing and proposed buildings, walls, fences, utilities, paved areas and other
site improvements;
iv. Existing trees and plant materials to be removed or retained;
v. Designation of landscape zones; and
vi. Details and specification for tree staking, soil preparation, and other planting
work.
c. Irrigation Plan. A detailed irrigation plan shall be drawn at the same scale as the
planting plan and shall contain the following information:
i. Layout of the irrigation system and a legend summarizing the type and size of
all components of the system;
ii. Static water pressure in pounds per square inch (psi) at the point of connection
to the public water supply;
iii. Flow rate in gallons per minute and design operating pressure in psi for each
valve and precipitation rate in inches per hour for each valve with sprinklers; and
iv. Installation details for irrigation components.
d. Grading Plan. A grading plan shall be drawn at the same scale as the planting plan
and shall contain the following information:
i. Property lines and street names, existing and proposed buildings, walls, fences,
utilities, paved areas and other site improvements;
ii. Existing and finished contour lines and spot elevations as necessary for the
proposed site improvements;
iii. Grade shall slope away from the structure as required by the International
Building Code.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 26 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
2. Landscape Design Standards.
a. Plant Selection. Plants selected for landscape areas shall consist of plants that are
well-suited to the microclimate and soil conditions at the project property. Plants with
similar water needs shall be grouped together as much as possible. For projects
located at the interface between urban areas and natural open space (non-irrigated),
extra-drought-tolerant plants shall be selected that will blend with the native
vegetation and are fire-resistant or fire-retardant. Plants with low fuel volume or high
moisture content shall be emphasized. Plants that tend to accumulate excessive
amounts of dead wood or debris shall be avoided. Areas with slopes greater than 33%
shall be landscaped with deep-rooting, water-conserving plants for erosion control and
soil stabilization. Parking strips and other landscaped areas less than four feet wide
shall be landscaped with water-conserving plants.
b. Mulch. After completion of all planting, all irrigated non-turf areas shall be covered
with a minimum four-inch layer of mulch to retain water, inhibit weed growth, and
moderate soil temperature. Nonporous material shall not be placed under the mulch.
c. Soil Preparation. Soil preparation will be suitable to provide healthy growing
conditions for the plants and to encourage water infiltration and penetration. Soil
preparation shall include scarifying the soil to a minimum depth of six inches and
amending the soil with organic material as per specific recommendations of the
landscape designer based on the soil conditions.
d. Turfgrass. Plan shall delineate turfgrass areas and include a calculation (percentage)
of irrigated turfgrass not to exceed 50% of the landscaped areas. Turf areas shall be on
a separate irrigation zone from other landscape zones.
e. Trees. Trees less than a two-inch caliper must be double-staked until the trees
mature to a two-inch caliper.
3. Irrigation Design Standards.
a. Pressure Regulation. A pressure-regulating valve shall be installed and maintained by
the consumer if the static service pressure exceeds 80 pounds per square inch (psi).
The pressure-regulating valve shall be located between the meter and the first point of
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 27 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
water use, or first point of division in the pipe, and shall be set at the manufacturer’s
recommended pressure for the sprinklers.
b. Automatic Controller. All irrigation systems shall include an electric automatic
controller with multiple program and multiple repeat cycle capabilities and a flexible
calendar program. All controllers shall be equipped with an automatic rain shutoff
device, and the ability to adjust run times based on a percentage of maximum Eto.
c. On slopes exceeding 33%, the irrigation system shall consist of drip emitters,
bubblers or sprinklers with a maximum precipitation rate of 0.85 inches per hour and
adjusted sprinkler cycle times to eliminate runoff.
d. Each valve shall irrigate a landscape with similar site, slope and soil conditions and
plant materials with similar watering needs. Turf and nonturf areas shall be irrigated
on separate valves. Drip emitters and sprinklers shall be placed on separate valves.
e. Drip emitters or a bubbler shall be provided for each tree unless located in a turf
area. Bubblers shall not exceed 1 ½ gallons per minute per device. Bubblers for trees
shall be placed on a separate valve unless specifically exempted by the city due to the
limited number of trees on the project site.
f. Sprinklers shall have matched precipitation rates with each control valve circuit.
g. Check valves shall be required where elevation differences will cause low-head
drainage. Pressure-compensating valves and sprinklers shall be required where a
significant variation in water pressure will occur within the irrigation system due to
elevation differences.
h. Filters and end flush valves shall be provided as necessary for drip irrigation lines.
i. Valves with spray or stream sprinklers shall be scheduled to operate between 6 p.m.
and 10 a.m. to reduce water loss from wind and evaporation.
j. Program valves for multiple repeat cycles where necessary to reduce runoff,
particularly on slopes and soils with slow infiltration rates.
k. Spacing of irrigation heads shall not exceed 55% of coverage diameter.
4. Plan Review and Construction Inspection.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 28 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
a. As part of the site plan approval process, a copy of the landscape plan
documentation package shall be submitted to the city for review and approval.
b. Following construction and prior to issuing the approval for occupancy, an
inspection shall be scheduled with the planning department to verify compliance with
the approved landscape plans.
c. The city reserves the right to perform site inspections at any time before, during or
after the irrigation system and landscape installation, and to require corrective
measures if requirements of this section are not satisfied.
G. Vegetation Protection. The property owner must protect existing significant vegetation during
any development activity. Development plans must show all significant vegetation within 20
feet of a proposed development. Mature landscaping, which has been approved to be
removed, shall be replaced with like plantings exceeding the minimum requirements of this
section.
H. Removal. No landscaping may be removed without replacement of equal or better quality.
This shall include the installation of healthy plant materials as well as a tree-for-tree
replacement as governed by this section.
17-7-17.6 Parking.
Table 17-7-17.7. Parking
Uses
Parking Requirement (Number of Spaces)
Assisted Living 1 per 2 bedrooms plus 1 per employee per shift, or 2 per
3 employees per shift, whichever is greater
Auditorium, Assembly Hall 1 per 5 seats or 3 per 100 s.f. of assembly area
Cafe/Deli
3 per 1,000 s.f. of net leasable building area
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 29 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Uses
Parking Requirement (Number of Spaces)
Child Care Facility/Center
1 per on-duty staff per shift and 1 per 6 children
Financial Institution
3 per 1,000 s.f. of net leasable building area
Hotel/Motel
1 per suite and 1 space per 200 s.f. of separately leasable
space
Itinerant Merchant
See section 17-7-17.11
Entertainment Center 1 per 4 seats or 5 per 1,000 s.f. of floor area depending
on type of facility
Vertical Mixed-Use (See subsection (D) of this section)
Offices, General
3 per 1,000 s.f. of net leasable building area
Offices, Intensive and Clinic, Medical
5 per 1,000 s.f. of net leasable building area
Public Safety Facility; Quasi-Public Facilities;
Religious/Educational Institution; Public Utilities,
major and minor
The greatest of: 1 per 5 seats, or 2 per 3 employees, or 1
per 1,000 s.f.
Recreation Facilities, Public 1 per 4 persons (based on the facility’s maximum rated
capacity)
Recreation Facilities, Commercial The greatest of: 1 per 4 seats, 5 per 1,000 s.f. of floor
area, or 1 per 3 persons rated capacity
Retail and Service Commercial, Personal Service
3 for each 1,000 s.f. of net leasable building area
Retail and Service Commercial, Regional
5 for each 1,000 s.f. of net leasable building area
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 30 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Uses
Parking Requirement (Number of Spaces)
Restaurant, Standard and Bar
1 for every 100 s.f. of net leasable floor area, including
kitchen areas
Shopping Centers
3.5 per 1,000 s.f. of net leasable building area
D. Commercial and Vertical Mixed-Use Parking Standards. Parking for commercial and vertical
mixed-use projects shall comply with the following standards. When using this provision,
additional parking reductions shall not be applied.
1. Surfacing. Parking areas and driveways must be hard-surfaced with asphalt, concrete or
a comparable material approved by the city engineer; maintained in good condition; and
clear of obstructions at all times.
2. Parking Requirements. The required number of off-street parking spaces available within
a commercial or vertical mixed-use project is dependent on the proximity of the project to
a major transit facility. The parking requirements are as follows:
a. Dwelling units located within one-eighth of a mile of the transit stop must have 1 ¼
parking spaces per two-bedroom unit;
b. Dwelling units located within a quarter of a mile of the transit stop must have 1 ½
parking spaces per two-bedroom unit;
c. Dwelling units with three or more bedrooms shall include an additional one-quarter
parking space per unit;
d. One additional guest parking space for every four dwelling units shall be included
on the parking plan; and
e. Projects shall include the parking spaces required for the commercial portion of the
project at the dimensions required for commercial parking. These parking places may
be shared with a residential use as allowed under this title, but they shall be
concentrated near the commercial use to ensure access to the commercial use
patrons.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 31 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
3. Parking Reductions.
a. One-bedroom dwelling units shall be allowed a one-quarter parking space per unit
reduction in the parking requirements.
b. Dwelling units that are deed-restricted for senior affordable housing may provide 1
parking space per dwelling unit and 0.3 spaces per dwelling unit for guest parking.
4. Parking Space Dimensions. All commercial and vertical mixed-use development shall
provide parking spaces of the following minimum dimensions. The city engineer may
approve minor (equal to or less than 10%) variations in parking space dimensions.
a. Up to 60% of the total parking spaces must be at least 8 ½ feet wide by 18 feet long,
however, the remaining parking spaces must be at least nine feet wide by 18 feet long;
b. ADA parking space width requirements vary and shall be consistent with current
building code standards; and
c. Compact spaces and motorcycle spaces may be included in a project but will not
count toward the parking requirement.
5. Owner/Tenant Parking. The minimum required on-site parking must be provided for the
use of the owner or tenant of a dwelling unit and their guests at no additional cost beyond
the base sale or lease price of the dwelling unit.
17-7-17.7 Utilities.
A. Utility Burial. All utilities within the proposed development shall be buried. The owner shall
install conduit within the development’s proposed right-of-way for the eventual burial of
overhead utilities throughout the zoning district. If the planning commission finds, upon the
review and recommendation of the city engineer, that such installation is not feasible at the
time of development, the applicant shall bond for the future installation of said conduit. All
underground conduit shall be installed in conformance with city standards as identified in City
Construction Standards and Specifications.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 32 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
B. City-Wide Utility Infrastructure. Each project and each structure within each project shall
include infrastructure that facilitates connection to Questar Gas, Rocky Mountain Power,
Comcast Cable, UTOPIA Fiber, and Qwest Communications. This requirement may be waived if
any of the aforementioned utilities decline, in writing, the opportunity to install or utilize the
necessary infrastructure. The director of community and economic development and
authorized deputies may approve the waiver. (Ord. 2017-04 § 1 (Att. A (part)))
17-7-17.8 Signs.
Signage for each application must comply with an approved theme, which is uniform
throughout the proposed development, and which complements the approved signage of near
or adjacent pedestrian-oriented development. If a regulated sign type is not specifically
designated, it is prohibited.
Table 17-7-17.8. Signs
Sign Type Sign Area Max. Height
Max. General Restrictions
A-frame
6 s.f.
4'
One per ground-level tenant. Must not impede
pedestrian movement.
Awning/
Canopy
5% of wall
surface; 80% of
width
80% of
vertical
drip
Constructed of canvas-like materials or architectural
metal. Design and color to relate to storefront. May
extend 5' from facade at least 8' above sidewalk.
Campaign
32 s.f.
6'
Removed within 15 days from final voting day. 3' max.
height in clear view triangle.
Construction
32 s.f.
12'
Removed prior to certificate of occupancy.
Directional 4 s.f. 3' Located at drive entrances and on site only.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 33 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Sign Type Sign Area Max.
Height
Max. General Restrictions
Flat or Wall
(includes
Window)
Sign 1: 15% of
wall surface;
Signs 2—3:
combined
signage 5% of
wall surface
n/a Must be attached to main building. All signs attached to
facade, including awning signs, window signs and wall
signs, determine sign area.
Monument 32 s.f. 6' (total) At least 1 foot of pedestal. May be placed on berm, w/
top of sign ≤ 9'; 3' max. height in clear view triangle; 3'
from sidewalk.
Projecting Wall
Sign
12 s.f.
n/a
May extend 4' from facade perpendicular to facade.
Must be 8' above sidewalk. One per ground-level tenant.
Real Estate
32 s.f.
12'
3' max. height in sight distance triangle.
Suspended
60 s.f.
n/a
Sign area is 1 sq. ft. per lineal foot of building.
Temporary
See text.
Window 25% of window
area
See text.
A. Multiple Sign Types. No more than two different sign types shall identify a business.
B. Wall Signs. One wall sign is permitted per sidewalk frontage. There shall be no more than
two wall signs per tenant space. The maximum sign area is one square foot per each lineal foot
of building elevation on which the sign is located, not to exceed sixty square feet. The overall
length of a sign shall not exceed eighty percent of the width of the building on which it is
located. The maximum letter size for a one-row sign shall be twenty-four inches and eighteen
inches for two rows. Restaurants or other eating establishments may have one additional wall-
mounted menu sign not to exceed three square feet. Second-floor tenants may have one
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 34 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
additional wall-mounted directory sign located near street-level entrances not to exceed three
square feet. The following four types of wall signs are allowed; all others are prohibited:
1. An externally illuminated aluminum sign panel with cut out and/or channel letters
illuminated by a specified cut-off floodlight fixture mounted to the building.
2. An internally illuminated aluminum sign panel with cut out and/or reverse channel
letters illuminated by neon tubes or fluorescent lamps behind the sign panel and/or letters.
3. An externally illuminated individually fabricated channel letter form using a specified
cut-off floodlight fixture mounted to the building.
4. An internally illuminated channel letter mounted to the building.
C. Awning/Canopy Signs. All awnings and canopies shall be constructed of a canvas-like material
or architectural metal. The design and color shall relate to the storefront design. No awning or
canopy sign may extend more than five feet over the sidewalk and shall be at least eight feet
above the sidewalk. Awnings and canopies that are utilized for signage shall use contrasting
letters that are painted, applied or sewn onto the vertical drip of the awning or canopy. Letters
shall not exceed eight inches in height nor occupy more than eighty percent of the width of the
awning or canopy.
D. Projecting Signs. One projecting sign may be attached to the building perpendicular to the
facade facing the sidewalk per ground-level tenant space. A projecting sign shall be made of a
rigid material with the bracket and sign panel relating to the storefront design. Projecting signs
may not exceed twelve square feet in size, or project more than four feet from the facade, and
must be at least eight feet above the sidewalk.
E. Door/Window Signs. Lettering and logos may be applied directly onto storefront windows.
This includes white gold leaf, applied vinyl, painted, etched or sandblasted. Total area of the
sign (including lettering and logos) shall not exceed ten percent of the window area on which it
is located. Storefront windows and doors shall be limited to a maximum of two square feet of
coverage with stickers, credit card decals, hours of operation, etc. There may be one window
sign listing the names of second-floor tenants near street-level entrances. This sign shall not
exceed six square feet and is not to be included in the ten percent allowance.
F. Suspended Signs. Suspended signs shall be located near the entrance to the business/tenant
space and may be used in place of rather than in conjunction with a wall sign. The maximum
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 35 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
sign area is one square foot per each lineal foot of building elevation on which the sign is
located, not to exceed sixty square feet. Signs shall be located so as to emphasize design
elements of the buildings. No suspended sign shall be less than eight feet above the sidewalk.
G. Monument Signs. A monument sign is only allowed to identify projects that encompass a
minimum of one and one-half acres, and not individual stores or tenants. One monument sign
may be allowed per project. A monument sign shall not exceed thirty-two square feet or six feet
in height, and shall be located in a landscaped area associated with a project entry or focal
point. The sign may be located on a berm, provided the top of the sign does not exceed nine
feet in height above finished grade. Monument signs shall not be constructed within the clear
view area and shall be set back at least three feet from a public sidewalk and property lines.
H. A-Frame Signs. One freestanding A-frame signboard per ground-level tenant may be placed
on the sidewalk of at least ten feet in width, provided the sign does not interfere with
pedestrian movement. The signboard copy space shall not exceed three feet in height and two
feet in width with a maximum sign height of four feet.
I. Clearance and Setbacks. The following standards apply:
1. At intersecting streets all signs shall be located outside of the clear view area.
2. For signs over pedestrian ways, the clearance between the ground and the bottom of
any projecting or ground sign shall not be less than eight feet.
3. For signs over driveways for vehicular traffic, the minimum clearance shall be fourteen
feet.
4. All monument signs shall be a minimum of three feet from a public sidewalk or
property line.
J. Temporary Signs. The following provisions regulate the use of temporary signs. If a temporary
sign type is not specifically designated, it is prohibited.
1. Attachment. Temporary signs may not be permanently attached to the ground, buildings
or other structures.
2. Grand Opening Events Signs. Promotional signage, such as pennants, streamers, banners,
balloon signs, and inflated sign displays, may be used for grand opening events for new
businesses. Such promotional signage must be initiated within the first three months of a
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 36 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
new business receiving a certificate of occupancy, and may be used for a maximum of
thirty consecutive days. Said signs shall be used in such a manner so as not to constitute a
safety hazard. A temporary sign permit shall be required. Promotional signage shall not
include illuminated signs or devices.
3. Feather Flags. A maximum of one feather flag is allowed per business in a multitenant
building. One feather flag per fifty feet of frontage or a maximum of five are allowed for
stand-alone businesses. Feather flags may be displayed on private property for a period of
fourteen consecutive days per calendar quarter up to four times per calendar year, with a
maximum height of twelve feet. A temporary sign permit shall be required for each display
period.
K. Outdoor Advertising. The following provisions regulate the use of bus benches, shelters, ad
stands and newspaper stands.
1. Bus Benches and Shelters.
a. Construction. Benches and shelters shall be constructed of durable materials and
shall be kept in good repair. Shelter materials shall be black in color. Benches and
shelters which are in disrepair or are unsafe or unstable will not be permitted and may
be removed by the city. A concrete pad (not to extend beyond the footprint of the
bench or shelter by more than one foot) and paved access (three feet in width) to the
curb will be required for all benches and shelters (see diagram below). A bench may
utilize concrete already installed in the park strip. Benches and shelters must be
securely fastened to the concrete pad to prevent their unauthorized removal. The
existing concrete pad must be repaired, including removal of attachment bolts and
repair of all holes, by the bench sign company after removal. The business name and
telephone number of the owner shall be printed on the bench or shelter in a
conspicuous location.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 37 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
b. Location. Benches and shelters may be located along dedicated public rights-of-way
only at bus stops established by the Utah Transit Authority. Shelters must be located
behind the sidewalk. All street improvements must be in place and the park strip must
measure at least five feet in depth for a bench location. Bench signs shall be no closer
than two feet from the curb in order to avoid injuries to persons waiting at the benches
by the opening of doors of the bus. Benches and shelters shall not obstruct the
sidewalks, roadways or other locations where the signs may pose a hazard to
motorists or pedestrians. Benches and shelters installed by the Utah Transit Authority
shall take priority at allowable locations. Benches and shelters to be placed on private
property shall require a letter of approval from that property owner to be submitted to
the city. The bench or shelter and an area within a ten-foot radius shall be maintained
by the owner twice per week.
c. Area. The sign portion of a bench sign shall not exceed sixteen square feet in area
(two-foot maximum height and eight-foot maximum width) and the sign portion of a
shelter shall not exceed thirty square feet (six-foot maximum height and five-foot
maximum width).
d. Density. No more than one bench or shelter shall be located at each Utah Transit
Authority bus stop unless otherwise justified by the Utah Transit Authority because of
heavy demand.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 38 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
e. Insurance. Each bench or shelter company shall provide proof of liability insurance
in the minimum amount of five hundred thousand dollars.
f. Permit. A temporary sign permit shall be approved and issued by the director of
community and economic development or designee prior to the installation of a bench
or shelter. A fee shall be paid for said permit for each bench or shelter as provided in
Resolution 02/26/02C. The permit shall be valid for one year, renewing at the beginning
of each fiscal year. Benches and shelters installed by the Utah Transit Authority or
other public agencies shall be exempt from the payment of a fee. A change in the text
of the sign for the bench or shelter or a substitution of benches or shelters shall not
require the issuance of a new permit or the payment of an additional fee if the bench
or shelter is placed in the same location as originally permitted.
g. Revocation and Removal. The issuance of a permit to locate a bench or shelter within
the city of Midvale creates only a license, revocable upon a showing of cause by the
city, and shall create no permanent rights of any kind. Each bench or shelter must be
removed within thirty days of written notification. Benches or shelters not moved
within the thirty-day period will be removed by the city at the owner’s expense.
Removal expense per bench shall be calculated based on using a two-man crew and
one truck for one hour.
2. Newspaper and Ad Stands.
a. Construction. Newspaper and ad stands shall be constructed of durable materials
and shall be kept in good repair. Newspaper and ad stands must be securely fastened
to a concrete pad either in the park strip or behind the sidewalk to prevent their
unauthorized removal. The concrete pad must be repaired, including removal of
attachment bolts and repair of all holes after removal. The business name and
telephone number of the owner shall be printed on the stand in a conspicuous
location.
b. Location and Density. Newspaper and ad stands may be located along dedicated
public rights-of-way only at bus stops established by the Utah Transit Authority. All
street improvements must be in place and the park strip must measure at least five
feet in depth. There shall be no more than three stands per established bus stop. The
stand may not be located adjacent to any mailbox, post, pole or monument and shall
not impede or interfere with reasonable use of pedestrian traffic, display windows or
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 39 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
building entrances or the reasonable use of any fire hydrant, traffic signal box or
emergency call box.
c. Advertising. No advertising is allowed on the exterior except a logo or other
information identifying the publication.
d. Permit. A temporary sign permit shall be approved and issued by the director of
community and economic development or designee prior to the installation of a
newspaper or ad stand. A fee shall be paid for said permit for each newspaper or ad
stand as provided in Resolution 02/26/02C. The permit shall be valid for one calendar
year. A substitution of newspaper or ad stands shall not require the issuance of a new
permit or the payment of an additional fee if the newspaper or ad stand is placed in
the same location as originally permitted.
e. Revocation and Removal. The issuance of a permit to locate a newspaper or ad stand
within the city of Midvale creates only a license, revocable upon a showing of cause by
the city, and shall create no permanent rights of any kind. Each newspaper or ad stand
must be removed within thirty days of written notification. Newspaper or ad stands not
moved within the thirty-day period will be removed by the city at the owner’s expense.
Removal expense per stand shall be calculated based on using a two-man crew and
one truck for one hour. (Ord. 2017-04 § 1 (Att. A (part)))
17-7-17.9 Conditional use standards of review.
The city shall not issue a conditional use permit unless the community and economic
development department, in the case of an administrative conditional use, or the planning
commission, for all other conditional uses, concludes that the application mitigates adverse
impacts and complies with the following general standards applicable to all conditional uses, as
well as the specific standards for the use.
A. General Review Criteria. An applicant for a conditional use in the zone must demonstrate:
1. The application complies with all applicable provisions of this title, state and federal law;
2. The structures associated with the use are compatible with surrounding structures in
terms of use, scale, mass and circulation;
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 40 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
3. The use is not detrimental to the public health, safety and welfare;
4. The use is consistent with the general plan, as amended;
5. Traffic conditions are not adversely affected by the proposed use, including the
existence of or need for dedicated turn lanes, pedestrian access, and capacity of the
existing streets;
6. Sufficient utility capacity;
7. Sufficient emergency vehicle access;
8. Location and design of off-street parking as well as compliance with off-street parking
standards provided for in Section 17-7-17.7;
9. Fencing, screening, and landscaping to separate the use from adjoining uses and
mitigate the potential for conflict in uses;
10. Compatibility of the proposed mass, bulk, design, orientation, and location of the
structures on the site, including compatibility with buildings on adjoining lots and to the
street;
11. Exterior lighting that complies with the lighting standards of the zone and is designed
to minimize conflict and light trespass with surrounding uses; and
12. Within and adjoining the site, impacts on the aquifer, slope retention, flood potential
and appropriateness of the proposed structure to the topography of the site.
B. Specific Review Criteria for Certain Conditional Uses. In addition to the foregoing, the
community and economic development department and planning commission must review
each of the following criteria when considering approving or denying an application for each of
the following conditional uses:
1. Conditional Use.
a. Child Care Facility/Center. Each application for a child care facility or center must
include:
i. City business license application, to be finalized upon approval;
ii. Compliance with state, federal and local law; and
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 41 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
iii. A delivery, traffic and parking plan which adequately mitigates the adverse
impacts of increased traffic generation.
b. Assisted Living/Senior Housing/Congregate Care. Each application for an assisted
living, senior housing or congregate care use must comply with the following:
i. The maximum number of residents shall be:
(A) Eight for structures fronting on public streets smaller than collector
streets; and
(B) Sixteen for structures fronting on public streets considered collector
streets or larger.
ii. A complete application shall include:
(A) Proof of state license for assisted living, senior housing, congregate care,
or its equivalent;
(B) A design, residential in character and architecturally compatible with the
neighborhood, which adequately screens the use from neighboring lots and
complies with Utah Department of Health standards;
(C) An outdoor lighting plan which adequately screens lighting to mitigate its
impact on surrounding uses;
(D) A sign plan which includes no more than two square feet of signage for
facilities on public streets smaller than collector streets, and monument signs
not to exceed thirty-two square feet for facilities on public streets considered
collector streets or larger; and
(E) A delivery, traffic and parking plan which adequately mitigates the adverse
impacts of increased traffic generation on the neighborhood in which it is
located. The parking plan should propose parking appropriate to the
proposed use of the facility, which plan may propose parking below the
standards listed in Section 17-7-17.7.
2. Administrative Conditional Use.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 42 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
a. Telecommunications Facility. This subsection applies to both commercial and private
low-power radio services and facilities, such as “cellular” or “PCS” (personal
communications system) communications and paging systems. Each application for a
telecommunications facility shall comply with the following:
i. Wall-Mounted Antenna. Two types of wall-mounted antennas are allowed:
stealth-mounted and non-stealth-mounted. Antennas mounted directly on existing
parapet walls, penthouses, or mechanical equipment rooms are considered a wall-
mounted antenna if no portion of the antenna extends above the roofline of the
building or extends no more than four feet horizontally from the face of the
building. Whip antennas are not allowed on a wall-mounted antenna structure.
Antennas, equipment, and the supporting structures shall be selected to achieve
the architectural compatibility with the host structure to which they are attached.
(A) Stealth facilities shall be designed to substantially conceal and camouflage
the antennas and associated equipment.
(1) The planning commission shall review and may grant approval for any
new antenna(s) that require construction of a new screening wall. New
screening wall(s) shall be in harmony with the structure’s mass,
architectural features, and overall aesthetics. Architectural and structural
renderings, three-dimensional representation, line-of-sight diagrams,
photo simulations, and/or building elevations of the proposed
modifications may be required to effectively demonstrate the requested
changes meeting the intent of this chapter.
(2) Area Limitations for Stealth Wall-Mounted Antennas. The total area for
all stealth wall-mounted antennas and supporting structures combined
shall not exceed five percent of any exterior wall of the building. Stealth
wall-mounted antennas may occupy a maximum of four walls. The total
calculated area is the sum of each individual antenna and the visible
portion of the supporting structure as viewed when looking directly at the
face of the building.
(B) Non-stealth facilities shall only be considered in locations in which
adverse visual impacts are not a substantial concern due to the location of the
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 43 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
facility, the nature of the surrounding land uses, and is not visible from public
vantage points.
(1) Area Limitations for Non-Stealth Wall-Mounted Antennas. The total area
for all non-stealth wall-mounted antennas and supporting structures
combined shall not exceed forty square feet for each exterior wall of the
building or a total of one hundred sixty square feet per building. The total
calculated area is the sum of each individual antenna and the visible
portion of the supporting structure as viewed when looking directly at the
face of the building.
ii. Roof-Mounted Antenna. Two types of roof-mounted antennas are allowed:
stealth-mounted and non-stealth-mounted. Antennas, equipment, and the
supporting structures shall be selected to achieve the architectural compatibility
with the host structure to which they are attached. Roof-mounted antennas are an
allowed use only on a flat roof and shall be screened, constructed and painted to
match the structure to which they are attached. The planning commission shall
review and may grant approval to place roof-mounted stealth antennas on a
pitched roof if the antenna(s) are compatible with the existing structure. Roof-
mounted antennas may be mounted on existing penthouses or mechanical
equipment rooms if the antennas and antenna support structures are enclosed or
visually screened from view.
(A) Stealth facilities shall be designed to substantially conceal and camouflage
the antennas and associated equipment.
(1) Antennas shall be mounted at least five feet behind any parapet wall
or from the exterior wall of the building. The maximum height of an
antenna mounted between five and ten feet behind a parapet or exterior
wall shall be directly proportional to the setback distance, and may not
exceed a height of ten feet above the top of the parapet wall or roof line
of the building.
(2) The planning commission shall review and may grant approval for any
new antenna(s) that require construction of a new screening wall. New
screening wall(s) shall be in harmony with the structure’s mass,
architectural features, and overall aesthetics. Architectural and structural
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 44 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
renderings, three-dimensional representation, line-of-sight diagrams,
photo simulations, and/or building elevations of the proposed
modifications may be required to effectively demonstrate the requested
changes meeting the intent of this chapter.
(B) Non-stealth facilities shall only be considered in locations in which
adverse visual impacts are not a substantial concern due to the location of the
facility and the nature of the surrounding land uses.
iii. Monopole with Antennas and Antenna Support Structure Less Than Two Feet in
Width. The entire antenna structure mounted on a monopole may not exceed two
feet in width.
(A) The maximum height of this antenna may not exceed ten feet in height.
(B) A monopole described in this subsection may not be located in or within
five hundred feet of a residential zone district.
(C) No pole shall be allowed in any front yard setback.
(D) The monopole antenna must not exceed thirty-five feet in height.
iv. Monopole with Antennas and Antenna Support Structure Greater Than Two Feet in
Width.
(A) The maximum visible width of antennas and antenna mounting structures
on a monopole may not exceed either eight feet in height or fifteen feet in
width as viewed looking directly at the monopole at the same elevation as the
antennas and antenna mounting structure.
(B) A monopole classified under this subsection may not be located in or
within seven hundred fifty feet of a residential zone district.
(C) No pole shall be allowed in any front yard setback.
(D) The monopole antenna must not exceed thirty-five feet in height.
v. Lattice Towers. Except as provided for below, lattice towers may not be located
within seven hundred fifty feet of a residential zone district.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 45 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
(A) A lattice tower may be located less than seven hundred fifty feet from a
residential zone district if the planning commission finds that the tower’s
height would not exceed the height of any public utility pole, wire, cable, or
similar structures located in the same vicinity as the proposed tower.
(B) A lattice tower may be located less than seven hundred fifty feet from a
residential zone and reach up to eighty-five-foot height if required for the
bona fide public services of a public transit district as defined in U.C.A. Section
17A-2-1001 et seq. and as certified by the public transit district.
(C) No pole shall be allowed in any front yard setback.
(D) The lattice tower must not exceed thirty-five feet in height.
vi. Power Lines. All power lines on the lot leading to the accessory building and
antenna structure of the telecommunications facility shall be installed
underground.
vii. Review Criteria. Each applicant for a telecommunications facility must
demonstrate:
(A) Compatibility of the proposed structure with the height and mass of
existing adjacent buildings and utility structures;
(B) Whether co-location of the antenna on other existing structures in the
same vicinity such as other towers, buildings, utility poles and similar
structures is possible without significantly affecting antenna transmission or
reception;
(C) Antenna transmissions will not interfere with public safety
communications;
(D) The location of the antenna in relation to existing vegetation, topography
and buildings to optimize visual screening;
(E) Whether the spacing between monopoles creates detrimental impact
upon adjacent properties;
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 46 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
(F) The location of the pole in relation to noteworthy structures, landmarks
and pedestrian or automotive transportation view corridors;
(G) Location and zoning compliance of accessory buildings associated with
the telecommunications facility.
viii. Co-Location. Co-location is both permitted and encouraged if all setbacks,
design and landscape requirements are met for each telecommunications facility.
The application shall include any existing or approved, but unbuilt,
telecommunications facility within the telecommunications area that may meet the
needs of the applicant. The documentation supplied shall evaluate the following
factors:
(A) Structural capacity of the antenna towers;
(B) Geographic telecommunications area requirements;
(C) Mechanical or electrical incompatibilities;
(D) Inability or ability to locate equipment on existing antenna towers; and
(E) Any restriction or limitation of the Federal Communications Commission
that would preclude the shared use of the antenna tower.
ix. Classification/Installation. Low-power radio services facilities are characterized
by the type or location of the antenna structure.
x. Temporary Antenna for Use During Drive Tests. Telecommunications companies
wishing to perform drive tests shall submit notice to the planning department
stating the location and the date of the proposed test. Antennas in use for a drive
test shall not be left standing for a period of greater than two days. Drive tests
shall be limited to testing functions only and shall not be used for
telecommunication services to customers. Drive tests on city property require
planning department approval and execution of the city’s test-drive agreement.
b. Outdoor Dining. Each application for an outdoor dining use shall comply with the
following:
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 47 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
i. The dining area shall be located on private property or leased public property
and does not diminish parking or landscaping.
ii. The dining area shall not impede pedestrian circulation.
iii. The dining area shall not impede emergency access or circulation.
iv. The outdoor furnishings shall be compatible with the streetscape and
associated building.
v. No music or noise shall be in excess of the city noise ordinance, Section
8.01.070. Outdoor music shall not be audible off premises.
vi. No use after ten-thirty p.m. and before seven a.m.
vii. No part of the outdoor dining area shall be located within one hundred feet of
any existing residential use (measured from the edge of the outdoor dining area to
the closest property line of the residential use), unless the residential use is part of
a mixed-use building or the outdoor dining area is separated from the residential
use by a commercial building.
viii. Cooking facilities shall be located within the primary building. No cooking
utilities, including grills, shall be permitted in the outdoor dining area.
ix. The outdoor dining area shall be kept in a clean condition and free of litter and
food items which constitute a nuisance to public health, safety and welfare.
c. Fences Greater Than Seven Feet in Height. Each application for a fence greater than
seven feet in height must comply with the following:
i. The applicant must demonstrate that a fence greater than seven feet in height
is necessary to better promote public health, safety, welfare, and aesthetic quality
in the area and the height requested is the minimum necessary to achieve this.
ii. The fence design, i.e., materials, color, features, height, must be compatible
with the associated development in terms of theme, architecture and function. All
barbed wire or other sharp, pointed, or electrically charged fences are prohibited.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 48 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
iii. Fences shall comply with all requirements for fences less than or equal to
seven feet in height with regard to location and construction. (Ord. 2022-13 § 1 (Att. B);
Ord. 2017-04 § 1 (Att. A (part)))
17-7-17.10 Live/work units.
Live/work units are residential townhouse dwellings designed so that the first floor may be
used either as living space or as commercial/retail space, as the owner chooses. Live/work units
are regulated as follows:
A. A live/work unit may be located only in mixed-use areas or on the fringes of residential
areas within two hundred fifty feet of an entrance to the development from an arterial or
collector street;
B. Live/work units shall not exceed forty percent of the units in an MPD and shall be
designated as live/work units on the final plat;
C. Vehicular access to live/work units/areas must be planned in a way that mitigates the
impacts from additional commercial traffic to neighboring residential-only units;
D. In addition to the parking spaces required by the residential needs, live/work units must
have an additional two parking spaces adjacent to and dedicated for the commercial portion of
the occupancy. Parking may be shared when five or more live/work units are adjacent to each
other but no less than one and one-half parking spaces per unit must be provided. Parking may
also be shared with primarily retail/office/flex uses at the discretion of the planning
commission;
E. Allowed commercial uses shall be limited to the ground floor of the live/work unit;
F. Live/work units shall not include outdoor storage, outdoor display of merchandise, nor
parking/storage of any vehicle in excess of twelve thousand pounds gross vehicle weight;
G. Live/work units shall not include identifying signage in excess of a four-square-foot
nameplate attached to the dwelling;
H. Live/work units are limited to the on-site employment of immediate family who occupy the
dwelling and up to one employee that does not occupy the dwelling (this criteria is not intended
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 49 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
to limit the number of employees who are engaged in business but conduct all work activities
off premises);
I. Live/work dwellings shall be designed to reflect their status as primarily residential units;
J. Live/work units shall not cause a demand for municipal services in excess of that associated
with normal residential use;
K. Live/work units shall be enclosed within a structure in complete conformity with current
building, fire, electrical and plumbing codes; and
L. Live/work units are limited to professional office, nonindustrial artistic,
architectural/engineering office, real estate office, mail/Internet supply offices and other similar
uses. Retail uses are prohibited except that architectural, artistic, engineering, drafting, and
similar on-premises products may be displayed and sold by appointment only. Other
prohibited uses include animal-related uses, auto-related uses, medical offices, sexually
oriented businesses, and any use prohibited in the applicable zoning district. (Ord. 2017-04 § 1
(Att. A (part)))
17-7-17.11 Itinerant merchants.
The city shall not issue a business license for an itinerant merchant unless the following general
and applicable specific criteria are demonstrated as part of the business license application:
A. General Itinerant Merchant Criteria.
1. Location on Private Property. The business and any activity associated therewith must be
located on private property and only as a secondary use to another primary commercial
use. The business shall not be located on public property (including public sidewalks, public
streets, public parking areas or other public places as defined by the city) or on vacant or
residentially used property, regardless of the zoning district.
2. Impervious Surface. The business must be located on a hard surface with no portion of
the business located in a landscaped or non-improved area.
3. Setbacks. The business must be located a minimum of ten feet behind the inside edge of
the public sidewalk (or fifteen feet from the edge of the road right-of-way if no sidewalk
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 50 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
exists); five feet from combustible walls, roof eave lines, awnings, etc.; ten feet from any
building openings (i.e., doors, windows, vents, etc.); and five feet from a fire hydrant,
driveway, handicapped parking space and loading area.
4. Lease. There must be a valid lease or written permission from the private property
owner expressly allowing the use of property for the business that is the subject of this
section. The merchant shall demonstrate the ability to utilize an existing restroom facility
on or nearby the property.
5. Traffic Safety. The business location shall not impede auto and/or pedestrian traffic or
create auto/pedestrian conflicts. Private sidewalk clear widths shall not be reduced below
five feet and the itinerant business shall not interfere with the internal parking lot
circulation.
6. Parking. The site must have adequate parking to accommodate the primary use(s) on
site as well as any area used by the itinerant business. No part of the itinerant merchant
business shall occupy required parking stalls for the primary use(s).
7. Power. All electrical wiring must be in compliance with the National Electrical Code and
approved by the Midvale City Building Department. Extension cords and generators are
prohibited.
8. Temporary Only. All aspects of the business shall be temporary in nature with no
permanent facilities constructed on site, with the exception of the required permanent
power source.
9. Maintenance. The area around the business shall be kept clean and orderly. A trash
receptacle shall be provided for patrons. The merchant is responsible to clean up all trash,
litter, spills, etc., within a minimum twenty-foot radius of the business.
10. Business Conduct. The business may not solicit or conduct business with persons in
motor vehicles or use any flashing lights, noise, sound or other motion-producing devices
to attract attention to its operation.
11. Regulatory Compliance. All applicable local and state regulations (i.e., food permit, tax
numbers, registration, etc.) shall be met.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 51 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
12. Business License. All requirements of Chapter 5.14 of the Midvale Municipal Code shall
be met.
13. Site Plan. A site plan, drawn to scale, showing the exact location of the itinerant
merchant (including all components of the business) with setbacks to buildings, sidewalks,
roadways, driveways, parking, fire hydrants, and other important features shall be
provided. A photograph or illustration showing components of the business, including cart
and awning dimensions, trash receptacles, coolers, signage, electrical plans, etc., shall be
provided, as well as other information required to show compliance with the applicable
requirements contained herein.
B. Specific Itinerant Merchant Criteria.
1. Vending Cart. Each business license application for a vending cart must comply with the
following:
a. There shall be a minimum separation of one thousand three hundred twenty feet
between all vending cart locations. This separation shall be measured as a radius in all
directions, with the vending cart location being the center point.
b. The vending cart must be located no closer than thirty feet from a single family
residential zone.
c. Any vending cart selling food items shall not be located within two hundred feet of
the primary public entrance of an existing restaurant use. The exception to this is an
existing restaurant is allowed to operate a vending cart within this area, provided all
other provisions of this section are satisfied.
d. A minimum of two on-site parking stalls are required for the vending cart use. One
of these stalls shall be dedicated for the use of the itinerant merchant’s patrons; the
other for a business employee.
e. The vending cart shall be constructed of surface materials that are primarily
stainless steel and in accordance with the Salt Lake Valley Health Department
regulations. Transparent, plastic sides may be extended above the cart’s
preparation/counter surface, provided these sides do not extend beyond the width or
length of the cart and three feet above the preparation/counter surface, if it is kept
clean, and is free of signage and other attachments. The vending cart shall not exceed
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 52 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
a width of four feet and a length of six feet (a hitch may extend a maximum of two feet
beyond the length of the cart). The maximum height of the vending cart, excluding
canopies or umbrellas, shall be five feet. A vending cart may include a built in canopy
provided it does not extend more than three feet beyond the width of the cart on each
side and any extension beyond the cart width is a minimum of seven feet above the
parking lot surface. This canopy shall be an earthtone color; a stainless steel canopy is
acceptable.
f. The vendor shall be limited to three stacked coolers (each cooler shall not exceed
three and three-quarters square feet in size), one trash receptacle, one chair, and a
freestanding umbrella (not to exceed a six-foot diameter) external to the vending cart.
All other freestanding devices, i.e., signs, propane tanks, tables, racks, customer
seating, overhead structures (i.e., tarps, enclosures, canopy extensions), etc., are
prohibited. The freestanding umbrella shall be an earthtone color, and, if extending
beyond the front and side edges of the cart, must be a minimum of seven feet above
the parking lot surface.
g. Signage shall be attached to the vending cart and occupy no more than four square
feet on the street-facing side of the cart. Signs shall not be internally illuminated or
make use of flashing or intermittent lighting or animation devices. Pennants,
streamers, lawn banners and other temporary signs are prohibited.
h. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within
easy reach on the vending cart.
i. All aspects of the business shall be moved on and off the premises each day of
operation. No overnight parking or outdoor storage is allowed. Any vending cart selling
food items must be cleaned and stored at a commissary approved by the Salt Lake
Valley health department.
j. The vending cart and all related business items shall be maintained in good
condition and repair at all times.
k. The business shall not be conducted before six a.m. and after ten p.m.
2. Seasonal Produce Stand. Each business license application for a seasonal produce stand
must comply with the following:
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 53 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
a. One produce stand business shall be permitted on each parcel of private property.
b. A minimum of three on-site parking stalls are required for the produce stand use.
Two of these stalls shall be dedicated for the use of the itinerant merchant’s patrons;
the other for a business employee.
c. The business shall sell fresh fruits and vegetables only; merchandise and
nonperishable food items are not allowed.
d. Produce shall be displayed under a tent, awning or canopy. This structure shall be
an earthtone color and have a maximum size of one hundred square feet.
e. Signage must be attached to the tent, awning or canopy and shall not exceed ten
square feet on each side of the structure. One A-frame sign complying with the city’s A-
frame sign standards may be utilized. No flashing or animated lights or searchlights
may be used. No off-site signage is allowed, including within the public right-of-way.
f. The produce stand and all related business items shall be maintained in good
condition and repair at all times.
g. All aspects of the business shall be moved on and off the premises each day of
operation. No overnight parking or outdoor storage is allowed.
h. Produce stands can be operated between June 1st and October 31st each year.
i. The business shall not be conducted before ten a.m. and after ten p.m. (Ord. 2017-04
§ 1 (Att. A (part)))
17-7-17.12 Related provisions.
A. Title 5, Business Taxes, Licenses and Regulations;
B. Title 16, Subdivisions;
C. Chapter 17-2, Definitions;
D. Chapter 17-3, Administration and Enforcement. (Ord. 2017-04 § 1 (Att. A (part)))
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 54 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
17-2-4 “D” definitions
[…]
“Development” means the change of use of a property, the change of use of a structure, or the
act, process, or result of erecting, placing, constructing, remodeling, converting, altering,
relocating, or demolishing any structure or improvement to property including grading,
clearing, grubbing, mining, excavating, or filling of a property. Development includes
“construction activity.” Development does not include a change of use or an activity that does
not require a government permit. Development also does not include the replacement of an
existing fixture with a like fixture such as the replacement of a water heater, furnace, air
conditioner, ceiling fan, faucet, light switch, or electrical socket.
[…]
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 1 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Chapter 17-7-17
TRANSIT-ORIENTED DEVELOPMENT OVERLAY ZONE (TODO)
Sections:
17-7-17.2 Use table.
17-7-17.3 Development standards.
17-7-17.4 Architectural standards.
17-7-17.5 Required landscaping.
17-7-17.6 Parking.
17-7-17.7 Utilities.
17-7-17.8 Signs.
17-7-17.9 Conditional use standards of review
17-7-17.10 Live/work units.
17-7-17.11 Itinerant merchants
17-7-17.12 Related provisions.
17-7-17.2 Use table.
If a use is not specifically designated, then it is prohibited. Uses designated with an asterisk (*)
have additional use-specific standards included in subsection (A) of this section. Some uses
have additional standards included in Chapter 17-6, Supplementary Regulations.
Table 17-7-17.2. Uses
Type Allowed Administrative Conditional
Business
License
Alcoholic Beverage
Class A License
X
X
Deleted three sections and replaced them with two
new sections named Development Standards and
Architectural Standards, see below for original
section headings.
This sentence was added.
Use Table: Deleted Uses: Restaurant, drive-through; Animal Clinic/Hospital; Bed and Breakfast Inn; Commercial Repair
Services; Financial Institution W/ Drive Up Window; Heliport. Mixed-Use Commercial/Vertical replaces Medium and
High Density Residential Developments.
New Code Text with Comments
For unmodified code text click here.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 2 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Type Allowed Administrative Conditional
Business
License
Class B License
X
X
Class C License
X
X
Restaurant
X
X
Private Club
X
X
X
State Liquor Store
X
X
Assisted Living Facility
≤ 1/2 acre
X
X
> 1/2 acre
X
X
Auditorium, Assembly Hall
X
X
Child Care
Center: ≤ 6 children
X
X
Facility: ≥ 7 children
X
X
Dwellings
Mixed-Use, Commercial or
Vertical
X
X
Entertainment Center
X
X
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 3 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Type Allowed Administrative Conditional
Business
License
Fences
≤ 7'
X
> 7'
X
Financial Institution
W/o Drive Up Window
X
X
Home Occupation
X
X
Hotel/Motel
X
X
Itinerant Merchant
Vending Carts
X
X
Seasonal Produce Stands
X
X
Live/Work Units
X
X
Medical Cannabis Pharmacy*
X
X
Municipal Facilities
Parks
X
Public Safety Facility
X
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 4 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Type Allowed Administrative Conditional
Business
License
Public Utilities
Major
X
Minor
X
Recreational Facilities
Commercial
X
X
Public
X
Trails
X
Office
General
X
X
Intensive
X
X
Outdoor Dining
X
Parking Lot
Commercial
X
X
Private
X
Pre-Existing Landscaping
X
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 5 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Type Allowed Administrative Conditional
Business
License
Pre-Existing Lighting (outdoor)
X
Pre-Existing Lot
X
Pre-Existing Structure
X
Pre-Existing Use
X
Quasi-Public Facilities
X
X
Religious, Educational Institute
Permanent
X
X
Temporary
X
X
Retail and Service Commercial
W/o Drive Up Window
X
X
24-hour use
X
X
Shopping Center
X
X
Telecommunications Facility
X
Transportation Facility
Major
X
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 6 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Type Allowed Administrative Conditional
Business
License
Minor
X
17-7-17.3 Development standards.
The following development standards apply to all development in the zone:
A. Lot Area. There is no minimum lot area.
B. Setbacks. Development shall comply with the following setbacks:
1. Front. Any frontage of a property is required to comply with the front yard setbacks in
this subsection. The front yard setback is 10 feet, which shall include a 10-foot wide
sidewalk, with tree wells, street furniture, planter boxes, and other urban design amenities.
Additional front yard setback beyond 10 feet is permitted if the additional area provides
space for outdoor dining, shopping, a patio, or a courtyard. The front yard setback is
measured from the back of curb.
a. Corner Lot Rule. Corner lots have two front yards.
b. Projections. Sills, cornices, flues and ornamental features may project into the front
yard setback up to 2 ½ feet, provided the feature does not impede pedestrian traffic on
the sidewalk and is at least eight feet above the ground. Eaves, awnings, arcades and
second story and above balconies may project into the front yard up to five feet so
long as these elements are at least eight feet above ground and do not impede
pedestrian traffic on the sidewalk.
2. Rear. There is no rear yard setback for development except as required by the
International Building Code, landscape buffers, and the single family setback. The rear of a
building may not abut a public street.
3. Side. There is no side yard setback for development except as required by the
International Building Code, landscape buffers, and the single family setback. The only
allowed uses within the side setback are outdoor dining, gathering, and shopping.
This section was modified to
(1) require mixed use
development in the areas
shown on the maps below, (2)
introduce an incentive
mechanism, and (3) align the
zone with best code writing
practices.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 7 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
4. Single Family Setback. The minimum setback from the property line, when adjacent to a
single family residential zoned property, is 15 feet, subject to the following requirements
and exceptions. Development is considered adjacent when the development property
directly abuts a single family residential zone property.
a. Three-story structures must be set back 30 feet from an adjacent single family
residential zoned property. Four-story structures must be set back 45 feet from an
adjacent single family residential zoned property. Five-story structures and above must
be set back 60 feet from an adjacent single family residential zoned property. Every
additional two stories must have a building step-back of 15 feet up to seven stories
from an adjacent single family residential zoned property (up to 10 stories only if
incentives have been obtained, the 10th story does not need a separate setback).
b. Projections. Sills, cornices, chimneys, flues, eaves, and ornamental features may
project into the setback up to 2 ½ feet.
c. Stairs and Landings. Outside stairways and landings required by building code for
exterior doorways may project into the setback up to three feet.
C. Build-To Line. The front yard setback is the build-to line. At least 50% of the front elevation
must be built within three feet of the build-to line. Recessed plazas, courtyards and trellises are
encouraged. The structure may be set back an additional 15 feet to allow for the inclusion of an
outdoor dining area, courtyard, patio, or outdoor shopping area.
D. Height. The maximum height for a structure is five stories, unless the structure qualifies for
incentives under this Section. The maximum height for any structure is 150 feet.
E. Maximum Density. For commercial and vertical mixed-use development, the maximum
density is 85 dwelling units per acre.
F. Stories. All building types must be from three to five stories..
G. Vertical or Commercial Mixed-Use Requirement. A vertical or commercial mixed-use
component is required in the areas shown in Figures 1 and 2 below. The first story of any
vertical or commercial mixed-use structure must consist of a minimum of 50% of the building
footprint as office, retail, or restaurant use. Buildings that front on Fort Union Blvd may not
contain office use along that frontage on the first story. Additional retail, restaurant, or office
uses may be included in upper stories if multi-family residential units make up at least 50% of
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 8 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
the building’s gross floor area. Developments in the Required Mixed-Use Areas automatically
qualify for the incentive in Subsection 17-7-17.3(H).
Figure 1: Required Mixed Use Area Near Center Street TRAX Station
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 9 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Figure 2: Required Mixed Use Area Near Fort Union TRAX Station
H. Incentive for Vertical or Commercial Mixed-Use Component. A vertical or commercial mixed-
use structure may have up to 10 stories and no maximum density if the first story of the
structure consists of a minimum of 25% office, retail, or restaurant use.
I. Incentive for Affordable Housing. A vertical or commercial mixed-use structure may have up to
10 stories and no maximum density if at least 10% of the dwelling units in the structure are
deed-restricted as affordable housing.
J. Required Recreational Amenities. A vertical or commercial mixed-use structure that has a
residential use must provide both indoor and outdoor recreational amenities for residents of
the structure. The number and type of amenities shall be based on the unit count for the
project and calculated as follows:
Unit Count
Type of Amenity
< 100 units
2 indoor amenities
1 outdoor amenity
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 10 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Unit Count
Type of Amenity
100-200 units
3 indoor amenities
2 outdoor amenities
201-400 units
4 indoor amenities
3 outdoor amenities
> 400 units
5 indoor amenities
4 outdoor amenities
The following recreational amenities can be used to meet the indoor amenity requirement:
minimum 1,000 square-foot fitness center (can be counted as two amenities); minimum 500
square-foot club/recreation room; minimum 200 square-foot business center/meeting room; or
minimum 150 square-foot yoga room; theatre room; golf/sports simulator.
The following recreational amenities can be used to meet the outdoor amenity requirement:
pool and spa; outdoor kitchen/barbeque area with tables and seating; pavilion with tables and
seating; tot lot; perimeter jogging/walking path with connection to a public pedestrian system
and public recreation areas; firepit with seating; or sports court.
K. Structure Orientation and Scale. Structures shall be oriented and scaled as follows:
1. Structures shall be serviced by a minor street or driveway and may not gain access from
Center Street or a feeder, collector, major collector, or minor arterial street except as
approved by the city engineer. Structures that front a courtyard, paseo, common open
space, or recreation area are encouraged.
2. Structures shall be arranged and situated to relate to surrounding properties, to
improve the view from and of buildings and to minimize road area.
3. Ground floor pedestrian entrances must be oriented toward adjacent streets, plazas,
courtyards, sidewalks and trails.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 11 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
4. Structures shall be designed to minimize pedestrian and automobile conflict while
providing pedestrians direct access to a sidewalk or trail.
5. Structures shall be designed with separate residential and commercial entrances.
6. Massing should be divided into rhythmic blocks to bring the design of the unit much
closer to the human scale and to create a pedestrian-friendly atmosphere.
7. Long structure rows without varying setbacks or mass should be avoided to prevent
wind tunneling and long-term shadow casting.
8. Structure planes shall incorporate varying heights, textures, shapes or colors to mitigate
the visual impact buildings have on the public realm.
9. Structure design and orientation should consider exposure to sunlight to avoid energy
inefficiencies.
10. Gathering areas in central areas and between structures is encouraged. These areas
shall be designed, through landscaping, hardscape, outdoor furniture, and public art,
among others, to create a conducive atmosphere for people to come together.
17-7-17.4 Architectural standards.
All development shall comply with the following architectural standards:
A. New Structure Form. Structures shall be designed to relate to grade conditions with a
minimum of grading and exposed foundation walls. The design shall create easy pedestrian
access from adjacent uses, on-street parking, sidewalks and parking areas. Commercial
buildings shall be designed with ground floor architectural separation to enhance street activity
and walkability. All proposed building designs must incorporate an expansive use of windows,
balconies, terraces, arcades or other design features, which are oriented to the street and other
pedestrian accesses, to maximize the pedestrian interface. Windows, display windows and
doors must comprise at least 40% of street-facing facades on the developments with first-floor
commercial uses. Blank facades are not allowed to face public rights-of-way and may not
exceed 30 feet in length on all other facades.
This section was modified to align the text
with best code writing practices and to be
consistent with changes that have been
made in previous sections.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 12 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
B. Walls. No more than three materials shall be used for primary wall surfaces. All exterior
walls shall be constructed in compliance with the following:
1. Materials. Exterior finishes shall be of traditional, time- and weather-tested techniques
and shall include a substantial use of brick, cultured brick, natural or cultured stone, prairie
stone, and/or wood or synthetic wood products. Glazing may be used as a primary exterior
material when glazing is proposed as a major architectural design element or look for a
project area consisting of at least two buildings. Retaining and screening walls shall be of
materials complementary to the building’s materials.
2. Stucco. The use of stucco, synthetic stucco and EIFS should be limited and shall not
exceed 50% of any elevation.
3. Other Architectural Materials/Finishes. Architectural precast concrete, architecturally
treated concrete masonry units, and architectural metals should be used primarily to
provide architectural detail and relief. Fiberglass and/or metal panels may be used in
relatively small quantities.
4. Prohibited Materials. Vinyl and aluminum siding products are prohibited as wall
materials.
5. Base Materials. Each building shall have a base with a minimum height of 1/3 the overall
height of the structure. The base shall extend beyond the plane of the wall above it,
creating a larger mass at the base of the building.
6. Brick and Rock Pattern. Ledge stone, uncoursed ledge rock, random or coursed ashlar
Flemish bond, English bond, common bond, running bond or drystack patterns shall be
used for finished brick, rock and stone work. Herringbone, basketweave, vertical stack,
stack bond, uncoursed roughly squared, and other vertical, irregular, or diagonal masonry
patterns or vertical, non-alternating bond courses may be used only as an accent. Other
masonry patterns shall not be used on vertical surfaces.
7. Color Scheme. Structures shall use a cohesive palette of colors which complement
nearby structures. Without limiting the use of color, large areas of walls shall be subdued in
color and not reflective. Intense colors should be used as accent only.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 13 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
8. Design Consistency. All exposed sides of a structures shall be designed with the same
level of care, quality and integrity. Structures should be attractive and visually engaging
from all exposed sides.
C. Roofs. Roof lines and shapes shall be consistent with the design and structure of the
building, and should be consistent with the roof lines of adjacent buildings. Roof forms should
reflect the facade articulation and building massing, as opposed to a single-mass roof over an
articulated facade.
1. Pitched Roofs. Where pitched roofs are used, the following standards shall apply:
a. All the roofs and secondary roofs of a building shall be constructed of the same
material. All metal roofs must be of a subdued color. Painted roof shingles are
prohibited.
b. Slopes of roofs shall be of equal pitch if a gable or hip roof is employed. Roof forms
shall be designed in ways or used in combinations to break up large, continuous
building forms, particularly for structures that are wider than they are tall. Long
unbroken ridgelines are prohibited.
2. Parapets. Parapets shall be provided to articulate flat roofs and hide roof-mounted
equipment. The following standards shall apply:
a. Parapets shall have strong cornice detailing to provide interest and scale.
b. Long unbroken parapets, particularly for buildings that are wider than they are tall,
are prohibited.
3. Rooftop mechanical equipment shall be hidden from view from the adjoining street
with either a parapet or a penthouse. Penthouses shall utilize materials, colors and form
similar to that of the structure.
D. Openings. The following standards apply to openings of all structures:
1. Entry Doors. Entry doors must face the front yard or, if located on the structure side,
must be placed within three feet of the front facade. Entry doors must be covered by a roof
and must be a primary element of the front of the structure.
2. Windows. Bay windows shall have from three to five sides.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 14 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
3. Minimum Opening Area. At least 25% of any street-facing building facade shall be made
up of window or door areas. At least 15% of any other building facade on a third or higher
story shall be made up of windows, balcony or other opening areas unless an adjacent
building within 20 feet of that side face obscures the majority of that side face from public
view.
E. Fences, Hedges and Walls. The following standards apply to fences, hedges, and walls:
1. Required Setbacks. A fence, hedge, wall, column, pier, post, or any similar structure or
any combination of such structures is permitted in the required setback if it meets the
following conditions.
a. No fence, hedge, or wall may extend beyond or across a property line without a
recorded agreement with the abutting property owner;
b. Only one fence or wall shall be allowed per property line. Double fences, walls or
combinations thereof are prohibited; and
c. No fence, hedge, wall, column, pier, post, or any similar structure may interfere or
extend into a required sidewalk.
2. Height. No fence or wall may exceed seven feet in height, four feet in height from the
front of the primary structure forward, nor three feet in height in the sight distance
triangle, measured as follows:
a. In a required yard abutting a street, the total effective height above the finished
grade measured on the side nearest the street;
b. In any other required yard, the total effective height above the finished grade
measured on the side nearest the abutting property;
c. On a property line, measured from the finished grade of either side when the
abutting property owners are in agreement; and
d. A temporary fence on a construction site may be as high as required to protect the
property during the period of construction.
3. Building and Construction Standards. All fences and walls meet the requirements of Title
15 of this code, Buildings and Construction.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 15 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
4. Athletic Facilities. Fencing around athletic facilities, including, without limitation, tennis
courts, may be 14 feet in height so long as all portions above six feet are constructed with
at least 50% non-opaque materials.
5. Barbed Wire and Electrical Fences. No barbed wire or other sharp, pointed, or electrically
charged fence may be erected or maintained, except a temporary fence on a construction
site to protect the property during the period of construction may be topped with barbed
wire where the barbed wire is not less than eight feet above the ground and does not
extend more than two feet above the temporary fence.
F. Lighting. Except for ordinary repairs and maintenance of lighting approved and installed
prior to January 2, 2002, all development must comply with the following outdoor lighting
standards:
1. Light Source. Light sources shall be at least as efficient as LED and no greater than four
thousand K in correlated color temperature (CCT). Light levels shall be designed such that
light trespass measured at the property line does not exceed 0.01 foot-candles. Light
fixtures shall use a cutoff luminaire that is fully or partially shielded with no light
distributed above the horizontal plane of the luminaire or into nearby residential
structures. In no case shall the total lumens emitted for a single site exceed 100,000
lumens per acre.
2. Parking Lot Lighting. Parking lot lighting shall be designed and constructed to comply
with the following standards:
a. Pole Height/Design.
i. Luminaire mounting height is measured from the parking lot or driveway
surface.
ii. Poles and fixtures shall be black, dark brown, or another neutral color
approved by the community development director.
iii. All attempts shall be made to place the base of light poles within landscape
areas.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 16 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
iv. Light poles in parking areas shall not exceed 30 feet in height. Poles exceeding
10 feet in height are appropriate only for parking areas exceeding 200 stalls and
not in close proximity to residential areas.
3. Other Outdoor Lighting Standards.
a. Wall-mounted lighting fixtures shall not be located above 18 feet in height unless
being used as building accent lighting. Fixture styles and finishes shall complement the
building exterior.
b. Lighting located along pedestrian pathways or in areas primarily dedicated to
human activity shall be bollard style lighting or down-directed lighting not to exceed 12
feet in height. Pedestrian lighting shall be coordinated through each project and shall
complement adjacent projects to the greatest extent practical.
c. In order to avoid light pollution, backlit awnings, up-light spotlights, and floodlights
are prohibited.
d. Street lighting shall meet the requirements for street lights under Title 16.
4. Upgrading Preexisting Lighting. An applicant must bring preexisting lighting into
compliance with this code upon application with the business license department for a
change in ownership, new business in a stand-alone structure, or in a multi-tenant
structure in which the new business utilizes more than 50% of the building square footage
on the site, in conjunction with an application for a building permit for any alteration,
remodel, or expansion of any structure on the property, or in conjunction with changes to
the approved site plan.
5. Lighting Plan Submission Requirements. A lighting plan is required for all development
and must contain the following:
a. Plans indicating the location on the premises, and the type of illumination devices,
fixtures, lamps, supports, reflectors, installation and electrical details;
b. Description of illuminating devices, fixtures, lamps, supports, reflectors, and other
devices that may include, but is not limited to, manufacturer catalog cuts and
drawings, including section where required; and photometric data, such as that
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 17 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
furnished by manufacturers, or similar showing the angle of the cutoff or light
emission; and
c. A point-by-point light plan to determine the adequacy of the lighting over the site.
G. Screening.
1. Trash collection and recycling areas, service areas, mechanical equipment and loading
docks shall be screened on all sides so that no portion of such areas is visible from public
streets and alleys and adjacent properties. Required screening may include new and
existing plantings, walls, fences, screen panels, doors, topographic changes, structures,
horizontal separation, or any combination thereof.
2. For nonresidential and commercial or vertical mixed-use structures, all roof-mounted
mechanical and electrical equipment, communication antennas, and dishes shall be
screened from the view of a pedestrian at the far side of the adjoining right-of-way or 100
feet from the front property line, whichever is less. This includes being screened through
the design or location of the equipment, antennas, and dishes as part of the overall
architectural design.
3. Refuse containers shall be screened from view on all sides. Screen walls and fences
shall be one foot higher than the object to be screened. An opaque gate shall be included
where required to complete screening.
4. Loading docks and service areas shall be located to the rear of buildings. Where
loading docks or service areas are directly visible from streets and nearby residential
buildings, they shall be screened by walls at least eight feet high, or densely and
continuously massed landscaping that maintains its screening capabilities in the winter.
Raised planters, berms or other land forms may also be used in conjunction with
landscaping or walls. A combination of dense, continuous landscaping and walls may allow
the use of lower walls, but no wall may be shorter than four feet high from finished grade.
H. Corner Lot Improvements. Development of corner lots shall include curb extensions in
conjunction with on-street parking. All curb cuts shall be placed on each street frontage, and
not at a central location at the apex of the corner radius.
I. Street Furniture. All development shall include all-weather benches and shall incorporate
trash receptacles and raised planters along the front facades of structures. All street furniture
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 18 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
shall coordinate with one another and with adjacent properties and shall not have any writing
or images.
J. Weather Protection. All development shall incorporate awnings, arcades or roof projections
along pedestrian pathways to shield pedestrians from adverse weather conditions. Weather
protection features such as awnings, canopies, or arcades shall be provided at all customer
entrances. Awnings shall not be backlit.
K. Exterior Structure. All exterior walls of all structures shall be constructed in compliance with
the following:
1. Finishes. All buildings and vertical and commercial mixed-use structures shall use one or
more of the following durable materials as significant finish: architectural precast concrete,
architecturally treated concrete masonry units, brick cladding, natural and cast stone,
prairie stone, architectural metals, and glazing. Architectural site-cast concrete may be
allowed if designed, articulated, and colored for a finished appearance on all buildings and
vertical and commercial mixed-use structures. At least 50% of all buildings and vertical and
commercial mixed-use structures visible from a major thoroughfare shall be composed of
brick, stone, architecturally treated concrete masonry units, architectural precast concrete
and/or glazing.
2. Quality. High standards for exterior materials, exterior building systems, and their
application are expected. In particular, the design and application of EIFS or synthetic
stucco is expected to be of a high enough quality to allow for crisp detailing and substantial
relief. The wall area from finished grade to where the use of EIFS begins shall be clad by a
hard, durable material such as brick, stone, architectural precast concrete, or
architecturally treated concrete masonry units.
3. Form Variations. Buildings and vertical and commercial mixed-use structures shall
provide variation in the form of facades that adjoin streets. Street-facing facades shall
make use of at least two of the following variations. Secondary facades shall make use of at
least one of the following variations. Variations should result from significant dimensional
changes in plane, color or detail as accomplished by such devices as:
a. Protruding bays or columns;
b. Recessed entries;
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 19 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
c. Upper level step-backs;
d. Arcades;
e. Offsets, projections and shifts in the general plane of the facade;
f. Changes in materials or color;
g. Bay windows;
h. Vestibules;
i. Porches;
j. Balconies;
k. Exterior shading devices;
l. Non-retractable canopies or awnings;
m. Projecting cornices; or
n. Eaves.
4. Window Treatments. Street-facing facades and the faces of and vertical and commercial
mixed-use structures shall include at least two of the following window treatments with at
least one window treatment per window. All other facades and faces shall utilize at least
one of the following window treatments per window. Treatments may include:
a. Varying the size and/or style of windows;
b. Window sills;
c. Window grids;
d. Window trim;
e. Window headers;
f. Window railing;
g. Recessed windows; or
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 20 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
h. Arcades.
5. Architectural Treatments. Street-facing facades and the faces of vertical and commercial
mixed-use structures shall include at least two of the following architectural treatments. All
other facades and faces shall include at least one of the following architectural treatments.
Treatments that add detail, character, and reduce the appearance of massive blank walls
may include:
a. Ornamental details such as quoins, knee braces and exposed joists;
b. A change of material applied to at least 20% of the facade;
c. A change of color applied to at least 20% of the facade;
d. Decorative parapets;
e. Reveals;
f. Pilasters;
g. Architectural banding or belt courses;
h. Cornice other than that at the top of the building;
i. Rounded design at street corners;
j. A change of pattern applied to at least 20% of the facade; or
k. A distinguished upper floor for buildings with at least four floors.
6. Awnings/Canopies/Arcades. Awnings, canopies, arcades or other architectural features
shall be used to reduce glare on front glass and to shelter the pedestrians standing near
the structure. Cantilever awnings and canopies from the building facade so as to keep
sidewalks as clear and unobstructed as possible.
7. Primary public entry(s) shall be architecturally emphasized so that pedestrians can
easily find them.
8. Opaque (solid) storefront security closures (rolling doors, etc.) are not allowed.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 21 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
9. Entryways. Each building or commercial or vertical mixed-use structure on a property
shall have clearly defined, highly visible customer entrances featuring a combination of
several elements such as:
a. Canopies, awnings or porticos;
b. Projecting eaves and cornices;
c. Recesses/projections of wall surfaces;
d. Arcades;
e. Raised parapets over the door;
f. Peaked roof forms;
g. Lighting features;
h. Entry plazas;
i. Display windows;
j. Architectural details such as masonry tile work and moldings which are integrated
into the building structure and design;
k. Integral planters or wing walls that incorporate landscaping; or
l. Signs integrated with the building architecture.
10.Secondary Facades. Building facades and the faces of and vertical and commercial
mixed-use structures that face the street but do not have pedestrian entries shall be
composed of high-quality materials such as brick or stone, and shall provide variety and
interest in the facade through the introduction of such elements as pilasters, recessed or
protruding bays, changes in materials and/or colors, building lighting elements, display
windows with products or product graphics, transparent windows or clerestories, and well-
designed signs and graphics.
11.Mixed-Use Buildings and Structures. Structures that include both commercial and
residential uses shall make use of architecture, materials, terracing, scale and other
techniques to create a distinct separation between the commercial and residential uses in
the structure.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 22 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
a. Mandatory Elements. Commercial and vertical mixed-use structures shall feature a
combination of at least two of the following elements:
i. Terracing that creates a visual break between the commercial and residential
areas of the structure;
ii. Material, color, and/or texture changes between the commercial and
residential floors of the structure;
iii. Bulk or facade shifts between the commercial and residential floors of the
structure;
iv. Architectural treatments that make the commercial portions of the structure
serve as a base for the residential floors;
v. The use of a significant percentage of transparency on the commercial levels of
a structure and smaller openings for the residential floors; or
vi. The use of balconies and/or bay windows for residential floors.
b. Signage. Commercial and vertical mixed-use structure shall make substantial use of
signage that is pedestrian in scale and is intended to guide visitors in locating the
commercial and residential portions of the structure.
L. Miscellaneous. Security devices shall have materials and colors that complement the
structure’s material. Satellite dishes over 18 inches shall not be placed in front yards.
M. Streetscapes and Pedestrian Connections. All development must present an attractive,
coordinated streetscape. Development must incorporate interior pedestrian access between
structures to minimize pedestrian travel through parking areas and provide for the safety and
convenience of pedestrians by constructing pedestrian crossings with stamped, dyed, or raised
walks. (Ord. 2019-06 § 1 (Att. B (part)); Ord. 2017-04 § 1 (Att. A (part)))
17-7-17.5 Required landscaping.
All development shall comply with the following landscaping standards:
This section was
modified to align the
text with best code
writing practices.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 23 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
A. Landscape Plan Required. Each property shall be professionally landscaped according to an
approved landscape plan. An approved landscape plan is a condition precedent to issuance of a
building permit for a property.
B. Minimum Number of Trees. A minimum of one deciduous tree, 2 inches in caliper, for every
30 feet of frontage.
C. Residential Buffer. Development shall provide a minimum 15-foot landscaped buffer from
residential-zoned properties consisting of large trees, shrubs, and a minimum seven-foot
screening wall as provided in the diagram below. A screening wall up to eight feet may be
approved by the planning commission if so warranted. The screening wall shall be constructed
of wood, metal, brick, masonry or other permanent materials along all property boundaries
adjacent to single family residential zones. Development that abuts a roadway bordering a
single-family residential zone is exempt from this requirement.
TOD Overlay Zone Buffering Standard
D. Plant Materials. Areas requiring landscaping shall be planted with substantial, thematic, live
plant material including plants, shrubs, trees, sod, etc., for the purpose of buffering, screening,
and improving the visual quality of the site.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 24 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
1. Types of Vegetation. At least 25% of the landscaping must be evergreen. Up to 25% of the
landscape area can include specialty paving, street furniture, and outdoor seating areas.
Trees that are planted in the park strip shall meet the specifications described in the
standard construction specifications of Midvale City.
2. Size of Trees. The following standards apply to the use of plant and tree material:
a. Deciduous Trees. All deciduous trees shall have a minimum caliper size of two
inches.
b. Ornamental Trees. All ornamental trees shall have a minimum caliper size of 1 ½
inches.
c. Evergreen Trees. All evergreen trees shall have a minimum height of six feet.
3. Street Trees. To promote a uniform appearance within the zone, street trees must be
selected from Midvale’s “Street Tree Selection Guide.”
E. Sprinkling System. Landscaping shall be installed with an automatic sprinkling system
designed to cover all plated areas, with no runoff.
F. Irrigation/Planting Plan. The applicant must submit a landscape plan documentation package
as part of a site plan application. A copy of the approved landscape documentation package
shall be provided to the property owner or site manager. The landscape plan documentation
package shall consist of the following items:
1. Documentation.
a. Project Data Sheet. The project data sheet shall contain the following:
i. Project name and address;
ii. Applicant’s or applicant’s agent’s name, address, phone and fax number;
iii. Landscape designer’s name, address, phone and fax number; and
iv. Landscape contractor’s name, address, phone and fax number, if known.
b. Planting Plan. A detailed planting plan shall be drawn at a scale that clearly
identifies the following:
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 25 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
i. Location of all plant materials, a legend with botanical and common names, and
size of plant materials;
ii. Property lines and street names;
iii. Existing and proposed buildings, walls, fences, utilities, paved areas and other
site improvements;
iv. Existing trees and plant materials to be removed or retained;
v. Designation of landscape zones; and
vi. Details and specification for tree staking, soil preparation, and other planting
work.
c. Irrigation Plan. A detailed irrigation plan shall be drawn at the same scale as the
planting plan and shall contain the following information:
i. Layout of the irrigation system and a legend summarizing the type and size of
all components of the system;
ii. Static water pressure in pounds per square inch (psi) at the point of connection
to the public water supply;
iii. Flow rate in gallons per minute and design operating pressure in psi for each
valve and precipitation rate in inches per hour for each valve with sprinklers; and
iv. Installation details for irrigation components.
d. Grading Plan. A grading plan shall be drawn at the same scale as the planting plan
and shall contain the following information:
i. Property lines and street names, existing and proposed buildings, walls, fences,
utilities, paved areas and other site improvements;
ii. Existing and finished contour lines and spot elevations as necessary for the
proposed site improvements;
iii. Grade shall slope away from the structure as required by the International
Building Code.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 26 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
2. Landscape Design Standards.
a. Plant Selection. Plants selected for landscape areas shall consist of plants that are
well-suited to the microclimate and soil conditions at the project property. Plants with
similar water needs shall be grouped together as much as possible. For projects
located at the interface between urban areas and natural open space (non-irrigated),
extra-drought-tolerant plants shall be selected that will blend with the native
vegetation and are fire-resistant or fire-retardant. Plants with low fuel volume or high
moisture content shall be emphasized. Plants that tend to accumulate excessive
amounts of dead wood or debris shall be avoided. Areas with slopes greater than 33%
shall be landscaped with deep-rooting, water-conserving plants for erosion control and
soil stabilization. Parking strips and other landscaped areas less than four feet wide
shall be landscaped with water-conserving plants.
b. Mulch. After completion of all planting, all irrigated non-turf areas shall be covered
with a minimum four-inch layer of mulch to retain water, inhibit weed growth, and
moderate soil temperature. Nonporous material shall not be placed under the mulch.
c. Soil Preparation. Soil preparation will be suitable to provide healthy growing
conditions for the plants and to encourage water infiltration and penetration. Soil
preparation shall include scarifying the soil to a minimum depth of six inches and
amending the soil with organic material as per specific recommendations of the
landscape designer based on the soil conditions.
d. Turfgrass. Plan shall delineate turfgrass areas and include a calculation (percentage)
of irrigated turfgrass not to exceed 50% of the landscaped areas. Turf areas shall be on
a separate irrigation zone from other landscape zones.
e. Trees. Trees less than a two-inch caliper must be double-staked until the trees
mature to a two-inch caliper.
3. Irrigation Design Standards.
a. Pressure Regulation. A pressure-regulating valve shall be installed and maintained by
the consumer if the static service pressure exceeds 80 pounds per square inch (psi).
The pressure-regulating valve shall be located between the meter and the first point of
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 27 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
water use, or first point of division in the pipe, and shall be set at the manufacturer’s
recommended pressure for the sprinklers.
b. Automatic Controller. All irrigation systems shall include an electric automatic
controller with multiple program and multiple repeat cycle capabilities and a flexible
calendar program. All controllers shall be equipped with an automatic rain shutoff
device, and the ability to adjust run times based on a percentage of maximum Eto.
c. On slopes exceeding 33%, the irrigation system shall consist of drip emitters,
bubblers or sprinklers with a maximum precipitation rate of 0.85 inches per hour and
adjusted sprinkler cycle times to eliminate runoff.
d. Each valve shall irrigate a landscape with similar site, slope and soil conditions and
plant materials with similar watering needs. Turf and nonturf areas shall be irrigated
on separate valves. Drip emitters and sprinklers shall be placed on separate valves.
e. Drip emitters or a bubbler shall be provided for each tree unless located in a turf
area. Bubblers shall not exceed 1 ½ gallons per minute per device. Bubblers for trees
shall be placed on a separate valve unless specifically exempted by the city due to the
limited number of trees on the project site.
f. Sprinklers shall have matched precipitation rates with each control valve circuit.
g. Check valves shall be required where elevation differences will cause low-head
drainage. Pressure-compensating valves and sprinklers shall be required where a
significant variation in water pressure will occur within the irrigation system due to
elevation differences.
h. Filters and end flush valves shall be provided as necessary for drip irrigation lines.
i. Valves with spray or stream sprinklers shall be scheduled to operate between 6 p.m.
and 10 a.m. to reduce water loss from wind and evaporation.
j. Program valves for multiple repeat cycles where necessary to reduce runoff,
particularly on slopes and soils with slow infiltration rates.
k. Spacing of irrigation heads shall not exceed 55% of coverage diameter.
4. Plan Review and Construction Inspection.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 28 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
a. As part of the site plan approval process, a copy of the landscape plan
documentation package shall be submitted to the city for review and approval.
b. Following construction and prior to issuing the approval for occupancy, an
inspection shall be scheduled with the planning department to verify compliance with
the approved landscape plans.
c. The city reserves the right to perform site inspections at any time before, during or
after the irrigation system and landscape installation, and to require corrective
measures if requirements of this section are not satisfied.
G. Vegetation Protection. The property owner must protect existing significant vegetation during
any development activity. Development plans must show all significant vegetation within 20
feet of a proposed development. Mature landscaping, which has been approved to be
removed, shall be replaced with like plantings exceeding the minimum requirements of this
section.
H. Removal. No landscaping may be removed without replacement of equal or better quality.
This shall include the installation of healthy plant materials as well as a tree-for-tree
replacement as governed by this section.
17-7-17.6 Parking.
Table 17-7-17.7. Parking
Uses
Parking Requirement (Number of Spaces)
Assisted Living 1 per 2 bedrooms plus 1 per employee per shift, or 2 per
3 employees per shift, whichever is greater
Auditorium, Assembly Hall 1 per 5 seats or 3 per 100 s.f. of assembly area
Cafe/Deli
3 per 1,000 s.f. of net leasable building area
This section was modified to be
consistent with other sections
in the zone.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 29 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Uses
Parking Requirement (Number of Spaces)
Child Care Facility/Center
1 per on-duty staff per shift and 1 per 6 children
Financial Institution
3 per 1,000 s.f. of net leasable building area
Hotel/Motel
1 per suite and 1 space per 200 s.f. of separately leasable
space
Itinerant Merchant
See section 17-7-17.11
Entertainment Center 1 per 4 seats or 5 per 1,000 s.f. of floor area depending
on type of facility
Vertical Mixed-Use (See subsection (D) of this section)
Offices, General
3 per 1,000 s.f. of net leasable building area
Offices, Intensive and Clinic, Medical
5 per 1,000 s.f. of net leasable building area
Public Safety Facility; Quasi-Public Facilities;
Religious/Educational Institution; Public Utilities,
major and minor
The greatest of: 1 per 5 seats, or 2 per 3 employees, or 1
per 1,000 s.f.
Recreation Facilities, Public 1 per 4 persons (based on the facility’s maximum rated
capacity)
Recreation Facilities, Commercial The greatest of: 1 per 4 seats, 5 per 1,000 s.f. of floor
area, or 1 per 3 persons rated capacity
Retail and Service Commercial, Personal Service
3 for each 1,000 s.f. of net leasable building area
Retail and Service Commercial, Regional
5 for each 1,000 s.f. of net leasable building area
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 30 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Uses
Parking Requirement (Number of Spaces)
Restaurant, Standard and Bar
1 for every 100 s.f. of net leasable floor area, including
kitchen areas
Shopping Centers
3.5 per 1,000 s.f. of net leasable building area
D. Commercial and Vertical Mixed-Use Parking Standards. Parking for commercial and vertical
mixed-use projects shall comply with the following standards. When using this provision,
additional parking reductions shall not be applied.
1. Surfacing. Parking areas and driveways must be hard-surfaced with asphalt, concrete or
a comparable material approved by the city engineer; maintained in good condition; and
clear of obstructions at all times.
2. Parking Requirements. The required number of off-street parking spaces available within
a commercial or vertical mixed-use project is dependent on the proximity of the project to
a major transit facility. The parking requirements are as follows:
a. Dwelling units located within one-eighth of a mile of the transit stop must have 1 ¼
parking spaces per two-bedroom unit;
b. Dwelling units located within a quarter of a mile of the transit stop must have 1 ½
parking spaces per two-bedroom unit;
c. Dwelling units with three or more bedrooms shall include an additional one-quarter
parking space per unit;
d. One additional guest parking space for every four dwelling units shall be included
on the parking plan; and
e. Projects shall include the parking spaces required for the commercial portion of the
project at the dimensions required for commercial parking. These parking places may
be shared with a residential use as allowed under this title, but they shall be
concentrated near the commercial use to ensure access to the commercial use
patrons.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 31 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
3. Parking Reductions.
a. One-bedroom dwelling units shall be allowed a one-quarter parking space per unit
reduction in the parking requirements.
b. Dwelling units that are deed-restricted for senior affordable housing may provide 1
parking space per dwelling unit and 0.3 spaces per dwelling unit for guest parking.
4. Parking Space Dimensions. All commercial and vertical mixed-use development shall
provide parking spaces of the following minimum dimensions. The city engineer may
approve minor (equal to or less than 10%) variations in parking space dimensions.
a. Up to 60% of the total parking spaces must be at least 8 ½ feet wide by 18 feet long,
however, the remaining parking spaces must be at least nine feet wide by 18 feet long;
b. ADA parking space width requirements vary and shall be consistent with current
building code standards; and
c. Compact spaces and motorcycle spaces may be included in a project but will not
count toward the parking requirement.
5. Owner/Tenant Parking. The minimum required on-site parking must be provided for the
use of the owner or tenant of a dwelling unit and their guests at no additional cost beyond
the base sale or lease price of the dwelling unit.
17-7-17.7 Utilities.
A. Utility Burial. All utilities within the proposed development shall be buried. The owner shall
install conduit within the development’s proposed right-of-way for the eventual burial of
overhead utilities throughout the zoning district. If the planning commission finds, upon the
review and recommendation of the city engineer, that such installation is not feasible at the
time of development, the applicant shall bond for the future installation of said conduit. All
underground conduit shall be installed in conformance with city standards as identified in City
Construction Standards and Specifications.
All following sections have been renumbered to be consistent with changes in the zone.
The text has otherwise stayed the same.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 32 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
B. City-Wide Utility Infrastructure. Each project and each structure within each project shall
include infrastructure that facilitates connection to Questar Gas, Rocky Mountain Power,
Comcast Cable, UTOPIA Fiber, and Qwest Communications. This requirement may be waived if
any of the aforementioned utilities decline, in writing, the opportunity to install or utilize the
necessary infrastructure. The director of community and economic development and
authorized deputies may approve the waiver. (Ord. 2017-04 § 1 (Att. A (part)))
17-7-17.8 Signs.
Signage for each application must comply with an approved theme, which is uniform
throughout the proposed development, and which complements the approved signage of near
or adjacent pedestrian-oriented development. If a regulated sign type is not specifically
designated, it is prohibited.
Table 17-7-17.8. Signs
Sign Type Sign Area Max. Height
Max. General Restrictions
A-frame
6 s.f.
4'
One per ground-level tenant. Must not impede
pedestrian movement.
Awning/
Canopy
5% of wall
surface; 80% of
width
80% of
vertical
drip
Constructed of canvas-like materials or architectural
metal. Design and color to relate to storefront. May
extend 5' from facade at least 8' above sidewalk.
Campaign
32 s.f.
6'
Removed within 15 days from final voting day. 3' max.
height in clear view triangle.
Construction
32 s.f.
12'
Removed prior to certificate of occupancy.
Directional 4 s.f. 3' Located at drive entrances and on site only.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 33 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
Sign Type Sign Area Max.
Height
Max. General Restrictions
Flat or Wall
(includes
Window)
Sign 1: 15% of
wall surface;
Signs 2—3:
combined
signage 5% of
wall surface
n/a Must be attached to main building. All signs attached to
facade, including awning signs, window signs and wall
signs, determine sign area.
Monument 32 s.f. 6' (total) At least 1 foot of pedestal. May be placed on berm, w/
top of sign ≤ 9'; 3' max. height in clear view triangle; 3'
from sidewalk.
Projecting Wall
Sign
12 s.f.
n/a
May extend 4' from facade perpendicular to facade.
Must be 8' above sidewalk. One per ground-level tenant.
Real Estate
32 s.f.
12'
3' max. height in sight distance triangle.
Suspended
60 s.f.
n/a
Sign area is 1 sq. ft. per lineal foot of building.
Temporary
See text.
Window 25% of window
area
See text.
A. Multiple Sign Types. No more than two different sign types shall identify a business.
B. Wall Signs. One wall sign is permitted per sidewalk frontage. There shall be no more than
two wall signs per tenant space. The maximum sign area is one square foot per each lineal foot
of building elevation on which the sign is located, not to exceed sixty square feet. The overall
length of a sign shall not exceed eighty percent of the width of the building on which it is
located. The maximum letter size for a one-row sign shall be twenty-four inches and eighteen
inches for two rows. Restaurants or other eating establishments may have one additional wall-
mounted menu sign not to exceed three square feet. Second-floor tenants may have one
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 34 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
additional wall-mounted directory sign located near street-level entrances not to exceed three
square feet. The following four types of wall signs are allowed; all others are prohibited:
1. An externally illuminated aluminum sign panel with cut out and/or channel letters
illuminated by a specified cut-off floodlight fixture mounted to the building.
2. An internally illuminated aluminum sign panel with cut out and/or reverse channel
letters illuminated by neon tubes or fluorescent lamps behind the sign panel and/or letters.
3. An externally illuminated individually fabricated channel letter form using a specified
cut-off floodlight fixture mounted to the building.
4. An internally illuminated channel letter mounted to the building.
C. Awning/Canopy Signs. All awnings and canopies shall be constructed of a canvas-like material
or architectural metal. The design and color shall relate to the storefront design. No awning or
canopy sign may extend more than five feet over the sidewalk and shall be at least eight feet
above the sidewalk. Awnings and canopies that are utilized for signage shall use contrasting
letters that are painted, applied or sewn onto the vertical drip of the awning or canopy. Letters
shall not exceed eight inches in height nor occupy more than eighty percent of the width of the
awning or canopy.
D. Projecting Signs. One projecting sign may be attached to the building perpendicular to the
facade facing the sidewalk per ground-level tenant space. A projecting sign shall be made of a
rigid material with the bracket and sign panel relating to the storefront design. Projecting signs
may not exceed twelve square feet in size, or project more than four feet from the facade, and
must be at least eight feet above the sidewalk.
E. Door/Window Signs. Lettering and logos may be applied directly onto storefront windows.
This includes white gold leaf, applied vinyl, painted, etched or sandblasted. Total area of the
sign (including lettering and logos) shall not exceed ten percent of the window area on which it
is located. Storefront windows and doors shall be limited to a maximum of two square feet of
coverage with stickers, credit card decals, hours of operation, etc. There may be one window
sign listing the names of second-floor tenants near street-level entrances. This sign shall not
exceed six square feet and is not to be included in the ten percent allowance.
F. Suspended Signs. Suspended signs shall be located near the entrance to the business/tenant
space and may be used in place of rather than in conjunction with a wall sign. The maximum
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 35 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
sign area is one square foot per each lineal foot of building elevation on which the sign is
located, not to exceed sixty square feet. Signs shall be located so as to emphasize design
elements of the buildings. No suspended sign shall be less than eight feet above the sidewalk.
G. Monument Signs. A monument sign is only allowed to identify projects that encompass a
minimum of one and one-half acres, and not individual stores or tenants. One monument sign
may be allowed per project. A monument sign shall not exceed thirty-two square feet or six feet
in height, and shall be located in a landscaped area associated with a project entry or focal
point. The sign may be located on a berm, provided the top of the sign does not exceed nine
feet in height above finished grade. Monument signs shall not be constructed within the clear
view area and shall be set back at least three feet from a public sidewalk and property lines.
H. A-Frame Signs. One freestanding A-frame signboard per ground-level tenant may be placed
on the sidewalk of at least ten feet in width, provided the sign does not interfere with
pedestrian movement. The signboard copy space shall not exceed three feet in height and two
feet in width with a maximum sign height of four feet.
I. Clearance and Setbacks. The following standards apply:
1. At intersecting streets all signs shall be located outside of the clear view area.
2. For signs over pedestrian ways, the clearance between the ground and the bottom of
any projecting or ground sign shall not be less than eight feet.
3. For signs over driveways for vehicular traffic, the minimum clearance shall be fourteen
feet.
4. All monument signs shall be a minimum of three feet from a public sidewalk or
property line.
J. Temporary Signs. The following provisions regulate the use of temporary signs. If a temporary
sign type is not specifically designated, it is prohibited.
1. Attachment. Temporary signs may not be permanently attached to the ground, buildings
or other structures.
2. Grand Opening Events Signs. Promotional signage, such as pennants, streamers, banners,
balloon signs, and inflated sign displays, may be used for grand opening events for new
businesses. Such promotional signage must be initiated within the first three months of a
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 36 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
new business receiving a certificate of occupancy, and may be used for a maximum of
thirty consecutive days. Said signs shall be used in such a manner so as not to constitute a
safety hazard. A temporary sign permit shall be required. Promotional signage shall not
include illuminated signs or devices.
3. Feather Flags. A maximum of one feather flag is allowed per business in a multitenant
building. One feather flag per fifty feet of frontage or a maximum of five are allowed for
stand-alone businesses. Feather flags may be displayed on private property for a period of
fourteen consecutive days per calendar quarter up to four times per calendar year, with a
maximum height of twelve feet. A temporary sign permit shall be required for each display
period.
K. Outdoor Advertising. The following provisions regulate the use of bus benches, shelters, ad
stands and newspaper stands.
1. Bus Benches and Shelters.
a. Construction. Benches and shelters shall be constructed of durable materials and
shall be kept in good repair. Shelter materials shall be black in color. Benches and
shelters which are in disrepair or are unsafe or unstable will not be permitted and may
be removed by the city. A concrete pad (not to extend beyond the footprint of the
bench or shelter by more than one foot) and paved access (three feet in width) to the
curb will be required for all benches and shelters (see diagram below). A bench may
utilize concrete already installed in the park strip. Benches and shelters must be
securely fastened to the concrete pad to prevent their unauthorized removal. The
existing concrete pad must be repaired, including removal of attachment bolts and
repair of all holes, by the bench sign company after removal. The business name and
telephone number of the owner shall be printed on the bench or shelter in a
conspicuous location.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 37 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
b. Location. Benches and shelters may be located along dedicated public rights-of-way
only at bus stops established by the Utah Transit Authority. Shelters must be located
behind the sidewalk. All street improvements must be in place and the park strip must
measure at least five feet in depth for a bench location. Bench signs shall be no closer
than two feet from the curb in order to avoid injuries to persons waiting at the benches
by the opening of doors of the bus. Benches and shelters shall not obstruct the
sidewalks, roadways or other locations where the signs may pose a hazard to
motorists or pedestrians. Benches and shelters installed by the Utah Transit Authority
shall take priority at allowable locations. Benches and shelters to be placed on private
property shall require a letter of approval from that property owner to be submitted to
the city. The bench or shelter and an area within a ten-foot radius shall be maintained
by the owner twice per week.
c. Area. The sign portion of a bench sign shall not exceed sixteen square feet in area
(two-foot maximum height and eight-foot maximum width) and the sign portion of a
shelter shall not exceed thirty square feet (six-foot maximum height and five-foot
maximum width).
d. Density. No more than one bench or shelter shall be located at each Utah Transit
Authority bus stop unless otherwise justified by the Utah Transit Authority because of
heavy demand.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 38 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
e. Insurance. Each bench or shelter company shall provide proof of liability insurance
in the minimum amount of five hundred thousand dollars.
f. Permit. A temporary sign permit shall be approved and issued by the director of
community and economic development or designee prior to the installation of a bench
or shelter. A fee shall be paid for said permit for each bench or shelter as provided in
Resolution 02/26/02C. The permit shall be valid for one year, renewing at the beginning
of each fiscal year. Benches and shelters installed by the Utah Transit Authority or
other public agencies shall be exempt from the payment of a fee. A change in the text
of the sign for the bench or shelter or a substitution of benches or shelters shall not
require the issuance of a new permit or the payment of an additional fee if the bench
or shelter is placed in the same location as originally permitted.
g. Revocation and Removal. The issuance of a permit to locate a bench or shelter within
the city of Midvale creates only a license, revocable upon a showing of cause by the
city, and shall create no permanent rights of any kind. Each bench or shelter must be
removed within thirty days of written notification. Benches or shelters not moved
within the thirty-day period will be removed by the city at the owner’s expense.
Removal expense per bench shall be calculated based on using a two-man crew and
one truck for one hour.
2. Newspaper and Ad Stands.
a. Construction. Newspaper and ad stands shall be constructed of durable materials
and shall be kept in good repair. Newspaper and ad stands must be securely fastened
to a concrete pad either in the park strip or behind the sidewalk to prevent their
unauthorized removal. The concrete pad must be repaired, including removal of
attachment bolts and repair of all holes after removal. The business name and
telephone number of the owner shall be printed on the stand in a conspicuous
location.
b. Location and Density. Newspaper and ad stands may be located along dedicated
public rights-of-way only at bus stops established by the Utah Transit Authority. All
street improvements must be in place and the park strip must measure at least five
feet in depth. There shall be no more than three stands per established bus stop. The
stand may not be located adjacent to any mailbox, post, pole or monument and shall
not impede or interfere with reasonable use of pedestrian traffic, display windows or
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 39 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
building entrances or the reasonable use of any fire hydrant, traffic signal box or
emergency call box.
c. Advertising. No advertising is allowed on the exterior except a logo or other
information identifying the publication.
d. Permit. A temporary sign permit shall be approved and issued by the director of
community and economic development or designee prior to the installation of a
newspaper or ad stand. A fee shall be paid for said permit for each newspaper or ad
stand as provided in Resolution 02/26/02C. The permit shall be valid for one calendar
year. A substitution of newspaper or ad stands shall not require the issuance of a new
permit or the payment of an additional fee if the newspaper or ad stand is placed in
the same location as originally permitted.
e. Revocation and Removal. The issuance of a permit to locate a newspaper or ad stand
within the city of Midvale creates only a license, revocable upon a showing of cause by
the city, and shall create no permanent rights of any kind. Each newspaper or ad stand
must be removed within thirty days of written notification. Newspaper or ad stands not
moved within the thirty-day period will be removed by the city at the owner’s expense.
Removal expense per stand shall be calculated based on using a two-man crew and
one truck for one hour. (Ord. 2017-04 § 1 (Att. A (part)))
17-7-17.9 Conditional use standards of review.
The city shall not issue a conditional use permit unless the community and economic
development department, in the case of an administrative conditional use, or the planning
commission, for all other conditional uses, concludes that the application mitigates adverse
impacts and complies with the following general standards applicable to all conditional uses, as
well as the specific standards for the use.
A. General Review Criteria. An applicant for a conditional use in the zone must demonstrate:
1. The application complies with all applicable provisions of this title, state and federal law;
2. The structures associated with the use are compatible with surrounding structures in
terms of use, scale, mass and circulation;
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 40 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
3. The use is not detrimental to the public health, safety and welfare;
4. The use is consistent with the general plan, as amended;
5. Traffic conditions are not adversely affected by the proposed use, including the
existence of or need for dedicated turn lanes, pedestrian access, and capacity of the
existing streets;
6. Sufficient utility capacity;
7. Sufficient emergency vehicle access;
8. Location and design of off-street parking as well as compliance with off-street parking
standards provided for in Section 17-7-17.7;
9. Fencing, screening, and landscaping to separate the use from adjoining uses and
mitigate the potential for conflict in uses;
10. Compatibility of the proposed mass, bulk, design, orientation, and location of the
structures on the site, including compatibility with buildings on adjoining lots and to the
street;
11. Exterior lighting that complies with the lighting standards of the zone and is designed
to minimize conflict and light trespass with surrounding uses; and
12. Within and adjoining the site, impacts on the aquifer, slope retention, flood potential
and appropriateness of the proposed structure to the topography of the site.
B. Specific Review Criteria for Certain Conditional Uses. In addition to the foregoing, the
community and economic development department and planning commission must review
each of the following criteria when considering approving or denying an application for each of
the following conditional uses:
1. Conditional Use.
a. Child Care Facility/Center. Each application for a child care facility or center must
include:
i. City business license application, to be finalized upon approval;
ii. Compliance with state, federal and local law; and
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 41 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
iii. A delivery, traffic and parking plan which adequately mitigates the adverse
impacts of increased traffic generation.
b. Assisted Living/Senior Housing/Congregate Care. Each application for an assisted
living, senior housing or congregate care use must comply with the following:
i. The maximum number of residents shall be:
(A) Eight for structures fronting on public streets smaller than collector
streets; and
(B) Sixteen for structures fronting on public streets considered collector
streets or larger.
ii. A complete application shall include:
(A) Proof of state license for assisted living, senior housing, congregate care,
or its equivalent;
(B) A design, residential in character and architecturally compatible with the
neighborhood, which adequately screens the use from neighboring lots and
complies with Utah Department of Health standards;
(C) An outdoor lighting plan which adequately screens lighting to mitigate its
impact on surrounding uses;
(D) A sign plan which includes no more than two square feet of signage for
facilities on public streets smaller than collector streets, and monument signs
not to exceed thirty-two square feet for facilities on public streets considered
collector streets or larger; and
(E) A delivery, traffic and parking plan which adequately mitigates the adverse
impacts of increased traffic generation on the neighborhood in which it is
located. The parking plan should propose parking appropriate to the
proposed use of the facility, which plan may propose parking below the
standards listed in Section 17-7-17.7.
2. Administrative Conditional Use.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 42 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
a. Telecommunications Facility. This subsection applies to both commercial and private
low-power radio services and facilities, such as “cellular” or “PCS” (personal
communications system) communications and paging systems. Each application for a
telecommunications facility shall comply with the following:
i. Wall-Mounted Antenna. Two types of wall-mounted antennas are allowed:
stealth-mounted and non-stealth-mounted. Antennas mounted directly on existing
parapet walls, penthouses, or mechanical equipment rooms are considered a wall-
mounted antenna if no portion of the antenna extends above the roofline of the
building or extends no more than four feet horizontally from the face of the
building. Whip antennas are not allowed on a wall-mounted antenna structure.
Antennas, equipment, and the supporting structures shall be selected to achieve
the architectural compatibility with the host structure to which they are attached.
(A) Stealth facilities shall be designed to substantially conceal and camouflage
the antennas and associated equipment.
(1) The planning commission shall review and may grant approval for any
new antenna(s) that require construction of a new screening wall. New
screening wall(s) shall be in harmony with the structure’s mass,
architectural features, and overall aesthetics. Architectural and structural
renderings, three-dimensional representation, line-of-sight diagrams,
photo simulations, and/or building elevations of the proposed
modifications may be required to effectively demonstrate the requested
changes meeting the intent of this chapter.
(2) Area Limitations for Stealth Wall-Mounted Antennas. The total area for
all stealth wall-mounted antennas and supporting structures combined
shall not exceed five percent of any exterior wall of the building. Stealth
wall-mounted antennas may occupy a maximum of four walls. The total
calculated area is the sum of each individual antenna and the visible
portion of the supporting structure as viewed when looking directly at the
face of the building.
(B) Non-stealth facilities shall only be considered in locations in which
adverse visual impacts are not a substantial concern due to the location of the
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 43 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
facility, the nature of the surrounding land uses, and is not visible from public
vantage points.
(1) Area Limitations for Non-Stealth Wall-Mounted Antennas. The total area
for all non-stealth wall-mounted antennas and supporting structures
combined shall not exceed forty square feet for each exterior wall of the
building or a total of one hundred sixty square feet per building. The total
calculated area is the sum of each individual antenna and the visible
portion of the supporting structure as viewed when looking directly at the
face of the building.
ii. Roof-Mounted Antenna. Two types of roof-mounted antennas are allowed:
stealth-mounted and non-stealth-mounted. Antennas, equipment, and the
supporting structures shall be selected to achieve the architectural compatibility
with the host structure to which they are attached. Roof-mounted antennas are an
allowed use only on a flat roof and shall be screened, constructed and painted to
match the structure to which they are attached. The planning commission shall
review and may grant approval to place roof-mounted stealth antennas on a
pitched roof if the antenna(s) are compatible with the existing structure. Roof-
mounted antennas may be mounted on existing penthouses or mechanical
equipment rooms if the antennas and antenna support structures are enclosed or
visually screened from view.
(A) Stealth facilities shall be designed to substantially conceal and camouflage
the antennas and associated equipment.
(1) Antennas shall be mounted at least five feet behind any parapet wall
or from the exterior wall of the building. The maximum height of an
antenna mounted between five and ten feet behind a parapet or exterior
wall shall be directly proportional to the setback distance, and may not
exceed a height of ten feet above the top of the parapet wall or roof line
of the building.
(2) The planning commission shall review and may grant approval for any
new antenna(s) that require construction of a new screening wall. New
screening wall(s) shall be in harmony with the structure’s mass,
architectural features, and overall aesthetics. Architectural and structural
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 44 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
renderings, three-dimensional representation, line-of-sight diagrams,
photo simulations, and/or building elevations of the proposed
modifications may be required to effectively demonstrate the requested
changes meeting the intent of this chapter.
(B) Non-stealth facilities shall only be considered in locations in which
adverse visual impacts are not a substantial concern due to the location of the
facility and the nature of the surrounding land uses.
iii. Monopole with Antennas and Antenna Support Structure Less Than Two Feet in
Width. The entire antenna structure mounted on a monopole may not exceed two
feet in width.
(A) The maximum height of this antenna may not exceed ten feet in height.
(B) A monopole described in this subsection may not be located in or within
five hundred feet of a residential zone district.
(C) No pole shall be allowed in any front yard setback.
(D) The monopole antenna must not exceed thirty-five feet in height.
iv. Monopole with Antennas and Antenna Support Structure Greater Than Two Feet in
Width.
(A) The maximum visible width of antennas and antenna mounting structures
on a monopole may not exceed either eight feet in height or fifteen feet in
width as viewed looking directly at the monopole at the same elevation as the
antennas and antenna mounting structure.
(B) A monopole classified under this subsection may not be located in or
within seven hundred fifty feet of a residential zone district.
(C) No pole shall be allowed in any front yard setback.
(D) The monopole antenna must not exceed thirty-five feet in height.
v. Lattice Towers. Except as provided for below, lattice towers may not be located
within seven hundred fifty feet of a residential zone district.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 45 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
(A) A lattice tower may be located less than seven hundred fifty feet from a
residential zone district if the planning commission finds that the tower’s
height would not exceed the height of any public utility pole, wire, cable, or
similar structures located in the same vicinity as the proposed tower.
(B) A lattice tower may be located less than seven hundred fifty feet from a
residential zone and reach up to eighty-five-foot height if required for the
bona fide public services of a public transit district as defined in U.C.A. Section
17A-2-1001 et seq. and as certified by the public transit district.
(C) No pole shall be allowed in any front yard setback.
(D) The lattice tower must not exceed thirty-five feet in height.
vi. Power Lines. All power lines on the lot leading to the accessory building and
antenna structure of the telecommunications facility shall be installed
underground.
vii. Review Criteria. Each applicant for a telecommunications facility must
demonstrate:
(A) Compatibility of the proposed structure with the height and mass of
existing adjacent buildings and utility structures;
(B) Whether co-location of the antenna on other existing structures in the
same vicinity such as other towers, buildings, utility poles and similar
structures is possible without significantly affecting antenna transmission or
reception;
(C) Antenna transmissions will not interfere with public safety
communications;
(D) The location of the antenna in relation to existing vegetation, topography
and buildings to optimize visual screening;
(E) Whether the spacing between monopoles creates detrimental impact
upon adjacent properties;
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 46 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
(F) The location of the pole in relation to noteworthy structures, landmarks
and pedestrian or automotive transportation view corridors;
(G) Location and zoning compliance of accessory buildings associated with
the telecommunications facility.
viii. Co-Location. Co-location is both permitted and encouraged if all setbacks,
design and landscape requirements are met for each telecommunications facility.
The application shall include any existing or approved, but unbuilt,
telecommunications facility within the telecommunications area that may meet the
needs of the applicant. The documentation supplied shall evaluate the following
factors:
(A) Structural capacity of the antenna towers;
(B) Geographic telecommunications area requirements;
(C) Mechanical or electrical incompatibilities;
(D) Inability or ability to locate equipment on existing antenna towers; and
(E) Any restriction or limitation of the Federal Communications Commission
that would preclude the shared use of the antenna tower.
ix. Classification/Installation. Low-power radio services facilities are characterized
by the type or location of the antenna structure.
x. Temporary Antenna for Use During Drive Tests. Telecommunications companies
wishing to perform drive tests shall submit notice to the planning department
stating the location and the date of the proposed test. Antennas in use for a drive
test shall not be left standing for a period of greater than two days. Drive tests
shall be limited to testing functions only and shall not be used for
telecommunication services to customers. Drive tests on city property require
planning department approval and execution of the city’s test-drive agreement.
b. Outdoor Dining. Each application for an outdoor dining use shall comply with the
following:
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 47 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
i. The dining area shall be located on private property or leased public property
and does not diminish parking or landscaping.
ii. The dining area shall not impede pedestrian circulation.
iii. The dining area shall not impede emergency access or circulation.
iv. The outdoor furnishings shall be compatible with the streetscape and
associated building.
v. No music or noise shall be in excess of the city noise ordinance, Section
8.01.070. Outdoor music shall not be audible off premises.
vi. No use after ten-thirty p.m. and before seven a.m.
vii. No part of the outdoor dining area shall be located within one hundred feet of
any existing residential use (measured from the edge of the outdoor dining area to
the closest property line of the residential use), unless the residential use is part of
a mixed-use building or the outdoor dining area is separated from the residential
use by a commercial building.
viii. Cooking facilities shall be located within the primary building. No cooking
utilities, including grills, shall be permitted in the outdoor dining area.
ix. The outdoor dining area shall be kept in a clean condition and free of litter and
food items which constitute a nuisance to public health, safety and welfare.
c. Fences Greater Than Seven Feet in Height. Each application for a fence greater than
seven feet in height must comply with the following:
i. The applicant must demonstrate that a fence greater than seven feet in height
is necessary to better promote public health, safety, welfare, and aesthetic quality
in the area and the height requested is the minimum necessary to achieve this.
ii. The fence design, i.e., materials, color, features, height, must be compatible
with the associated development in terms of theme, architecture and function. All
barbed wire or other sharp, pointed, or electrically charged fences are prohibited.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 48 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
iii. Fences shall comply with all requirements for fences less than or equal to
seven feet in height with regard to location and construction. (Ord. 2022-13 § 1 (Att. B);
Ord. 2017-04 § 1 (Att. A (part)))
17-7-17.10 Live/work units.
Live/work units are residential townhouse dwellings designed so that the first floor may be
used either as living space or as commercial/retail space, as the owner chooses. Live/work units
are regulated as follows:
A. A live/work unit may be located only in mixed-use areas or on the fringes of residential
areas within two hundred fifty feet of an entrance to the development from an arterial or
collector street;
B. Live/work units shall not exceed forty percent of the units in an MPD and shall be
designated as live/work units on the final plat;
C. Vehicular access to live/work units/areas must be planned in a way that mitigates the
impacts from additional commercial traffic to neighboring residential-only units;
D. In addition to the parking spaces required by the residential needs, live/work units must
have an additional two parking spaces adjacent to and dedicated for the commercial portion of
the occupancy. Parking may be shared when five or more live/work units are adjacent to each
other but no less than one and one-half parking spaces per unit must be provided. Parking may
also be shared with primarily retail/office/flex uses at the discretion of the planning
commission;
E. Allowed commercial uses shall be limited to the ground floor of the live/work unit;
F. Live/work units shall not include outdoor storage, outdoor display of merchandise, nor
parking/storage of any vehicle in excess of twelve thousand pounds gross vehicle weight;
G. Live/work units shall not include identifying signage in excess of a four-square-foot
nameplate attached to the dwelling;
H. Live/work units are limited to the on-site employment of immediate family who occupy the
dwelling and up to one employee that does not occupy the dwelling (this criteria is not intended
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 49 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
to limit the number of employees who are engaged in business but conduct all work activities
off premises);
I. Live/work dwellings shall be designed to reflect their status as primarily residential units;
J. Live/work units shall not cause a demand for municipal services in excess of that associated
with normal residential use;
K. Live/work units shall be enclosed within a structure in complete conformity with current
building, fire, electrical and plumbing codes; and
L. Live/work units are limited to professional office, nonindustrial artistic,
architectural/engineering office, real estate office, mail/Internet supply offices and other similar
uses. Retail uses are prohibited except that architectural, artistic, engineering, drafting, and
similar on-premises products may be displayed and sold by appointment only. Other
prohibited uses include animal-related uses, auto-related uses, medical offices, sexually
oriented businesses, and any use prohibited in the applicable zoning district. (Ord. 2017-04 § 1
(Att. A (part)))
17-7-17.11 Itinerant merchants.
The city shall not issue a business license for an itinerant merchant unless the following general
and applicable specific criteria are demonstrated as part of the business license application:
A. General Itinerant Merchant Criteria.
1. Location on Private Property. The business and any activity associated therewith must be
located on private property and only as a secondary use to another primary commercial
use. The business shall not be located on public property (including public sidewalks, public
streets, public parking areas or other public places as defined by the city) or on vacant or
residentially used property, regardless of the zoning district.
2. Impervious Surface. The business must be located on a hard surface with no portion of
the business located in a landscaped or non-improved area.
3. Setbacks. The business must be located a minimum of ten feet behind the inside edge of
the public sidewalk (or fifteen feet from the edge of the road right-of-way if no sidewalk
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 50 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
exists); five feet from combustible walls, roof eave lines, awnings, etc.; ten feet from any
building openings (i.e., doors, windows, vents, etc.); and five feet from a fire hydrant,
driveway, handicapped parking space and loading area.
4. Lease. There must be a valid lease or written permission from the private property
owner expressly allowing the use of property for the business that is the subject of this
section. The merchant shall demonstrate the ability to utilize an existing restroom facility
on or nearby the property.
5. Traffic Safety. The business location shall not impede auto and/or pedestrian traffic or
create auto/pedestrian conflicts. Private sidewalk clear widths shall not be reduced below
five feet and the itinerant business shall not interfere with the internal parking lot
circulation.
6. Parking. The site must have adequate parking to accommodate the primary use(s) on
site as well as any area used by the itinerant business. No part of the itinerant merchant
business shall occupy required parking stalls for the primary use(s).
7. Power. All electrical wiring must be in compliance with the National Electrical Code and
approved by the Midvale City Building Department. Extension cords and generators are
prohibited.
8. Temporary Only. All aspects of the business shall be temporary in nature with no
permanent facilities constructed on site, with the exception of the required permanent
power source.
9. Maintenance. The area around the business shall be kept clean and orderly. A trash
receptacle shall be provided for patrons. The merchant is responsible to clean up all trash,
litter, spills, etc., within a minimum twenty-foot radius of the business.
10. Business Conduct. The business may not solicit or conduct business with persons in
motor vehicles or use any flashing lights, noise, sound or other motion-producing devices
to attract attention to its operation.
11. Regulatory Compliance. All applicable local and state regulations (i.e., food permit, tax
numbers, registration, etc.) shall be met.
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 51 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
12. Business License. All requirements of Chapter 5.14 of the Midvale Municipal Code shall
be met.
13. Site Plan. A site plan, drawn to scale, showing the exact location of the itinerant
merchant (including all components of the business) with setbacks to buildings, sidewalks,
roadways, driveways, parking, fire hydrants, and other important features shall be
provided. A photograph or illustration showing components of the business, including cart
and awning dimensions, trash receptacles, coolers, signage, electrical plans, etc., shall be
provided, as well as other information required to show compliance with the applicable
requirements contained herein.
B. Specific Itinerant Merchant Criteria.
1. Vending Cart. Each business license application for a vending cart must comply with the
following:
a. There shall be a minimum separation of one thousand three hundred twenty feet
between all vending cart locations. This separation shall be measured as a radius in all
directions, with the vending cart location being the center point.
b. The vending cart must be located no closer than thirty feet from a single family
residential zone.
c. Any vending cart selling food items shall not be located within two hundred feet of
the primary public entrance of an existing restaurant use. The exception to this is an
existing restaurant is allowed to operate a vending cart within this area, provided all
other provisions of this section are satisfied.
d. A minimum of two on-site parking stalls are required for the vending cart use. One
of these stalls shall be dedicated for the use of the itinerant merchant’s patrons; the
other for a business employee.
e. The vending cart shall be constructed of surface materials that are primarily
stainless steel and in accordance with the Salt Lake Valley Health Department
regulations. Transparent, plastic sides may be extended above the cart’s
preparation/counter surface, provided these sides do not extend beyond the width or
length of the cart and three feet above the preparation/counter surface, if it is kept
clean, and is free of signage and other attachments. The vending cart shall not exceed
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 52 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
a width of four feet and a length of six feet (a hitch may extend a maximum of two feet
beyond the length of the cart). The maximum height of the vending cart, excluding
canopies or umbrellas, shall be five feet. A vending cart may include a built in canopy
provided it does not extend more than three feet beyond the width of the cart on each
side and any extension beyond the cart width is a minimum of seven feet above the
parking lot surface. This canopy shall be an earthtone color; a stainless steel canopy is
acceptable.
f. The vendor shall be limited to three stacked coolers (each cooler shall not exceed
three and three-quarters square feet in size), one trash receptacle, one chair, and a
freestanding umbrella (not to exceed a six-foot diameter) external to the vending cart.
All other freestanding devices, i.e., signs, propane tanks, tables, racks, customer
seating, overhead structures (i.e., tarps, enclosures, canopy extensions), etc., are
prohibited. The freestanding umbrella shall be an earthtone color, and, if extending
beyond the front and side edges of the cart, must be a minimum of seven feet above
the parking lot surface.
g. Signage shall be attached to the vending cart and occupy no more than four square
feet on the street-facing side of the cart. Signs shall not be internally illuminated or
make use of flashing or intermittent lighting or animation devices. Pennants,
streamers, lawn banners and other temporary signs are prohibited.
h. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within
easy reach on the vending cart.
i. All aspects of the business shall be moved on and off the premises each day of
operation. No overnight parking or outdoor storage is allowed. Any vending cart selling
food items must be cleaned and stored at a commissary approved by the Salt Lake
Valley health department.
j. The vending cart and all related business items shall be maintained in good
condition and repair at all times.
k. The business shall not be conducted before six a.m. and after ten p.m.
2. Seasonal Produce Stand. Each business license application for a seasonal produce stand
must comply with the following:
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 53 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
a. One produce stand business shall be permitted on each parcel of private property.
b. A minimum of three on-site parking stalls are required for the produce stand use.
Two of these stalls shall be dedicated for the use of the itinerant merchant’s patrons;
the other for a business employee.
c. The business shall sell fresh fruits and vegetables only; merchandise and
nonperishable food items are not allowed.
d. Produce shall be displayed under a tent, awning or canopy. This structure shall be
an earthtone color and have a maximum size of one hundred square feet.
e. Signage must be attached to the tent, awning or canopy and shall not exceed ten
square feet on each side of the structure. One A-frame sign complying with the city’s A-
frame sign standards may be utilized. No flashing or animated lights or searchlights
may be used. No off-site signage is allowed, including within the public right-of-way.
f. The produce stand and all related business items shall be maintained in good
condition and repair at all times.
g. All aspects of the business shall be moved on and off the premises each day of
operation. No overnight parking or outdoor storage is allowed.
h. Produce stands can be operated between June 1st and October 31st each year.
i. The business shall not be conducted before ten a.m. and after ten p.m. (Ord. 2017-04
§1 (Att. A (part)))
17-7-17.12 Related provisions.
A. Title 5, Business Taxes, Licenses and Regulations;
B. Title 16, Subdivisions;
C. Chapter 17-2, Definitions;
D. Chapter 17-3, Administration and Enforcement. (Ord. 2017-04 § 1 (Att. A (part)))
Midvale Municipal Code Chapter 17-7-17, Transit-Oriented Development Overlay Zone (TODO) Page 54 of 54
The Midvale Municipal Code is current through Ordinance 2023-12, passed September 19, 2023.
17-2-4 “D” definitions
[…]
“Development” means the change of use of a property, the change of use of a structure, or the
act, process, or result of erecting, placing, constructing, remodeling, converting, altering,
relocating, or demolishing any structure or improvement to property including grading,
clearing, grubbing, mining, excavating, or filling of a property. Development includes
“construction activity.” Development does not include a change of use or an activity that does
not require a government permit. Development also does not include the replacement of an
existing fixture with a like fixture such as the replacement of a water heater, furnace, air
conditioner, ceiling fan, faucet, light switch, or electrical socket.
[…]
With this modification the definition of "Development" relates the term to a change of use and excludes
minor activities such as replacing a water heater.
CITY COUNCIL MEETING
Minutes
Tuesday February 4, 2025
Council Chambers
7505 South Holden Street
Midvale, Utah 84047
______
MAYOR: Mayor Dustin Gettel
COUNCIL MEMBERS: Council Member Paul Glover
Council Member Bonnie Billings
Council Member Denece Mikolash
Council Member Bryant Brown
Council Member Heidi Robinson
STAFF: Matt Dahl, City Manager; Rori Andreason, HR Director/City Recorder;
Garrett Wilcox, City Attorney; Glen Kennedy, Public Works Director; Nate
Rockwood, Assistant City Manager; Mariah Hill, Administrative Services
Director; Adam Olsen, Community Development Director; Wendelin
Knobloch, Planning Director; Elizabeth Arnold; Senior Planner; Chris
Jones, Senior Accountant; Laura Magness; Communications Director;
Brian Buckhout, Emergency Management Planner; Chief April Morse,
UPD; Chief Jason Mazuran, UPD; and Juan Rosario, Systems
Administrator.
.
6:00 p.m. – WORKSHOP
• Intergovernmental Policy Discussion – [Matt Dahl, City Manager]
Matt Dahl, Mayor Gettel and the City Council discussed recent federal policy changes
and the impact on Midvale City.
Chief Mazuran indicated that changes at the federal level has not changed how UPD
provides law enforcement.
6:30 p.m. – REGULAR MEETING
Mayor Dustin Gettel called the business meeting to order at 6:35 p.m.
I. GENERAL BUSINESS
A. Welcome and Pledge of Allegiance
B. Roll Call - Council Members Heidi Robinson, Denece Mikolash, Bryant
Brown, Bonnie Billings, and Paul Glover were present at roll call.
C. Proclamation Declaring February as Black History Month
Proceedings of City Council Meeng
February 4, 2025
2
Mayor Gettel read the proclamation declaring February as Black History Month into the
record.
II. PUBLIC COMMENTS
There was no one who desired to speak.
III. COUNCIL REPORTS
A. Council Member Bonnie Billings – said as the legislative session is in
full force, if there are any bills or issues anyone is interested in, please check out the
state website. There are about five hundred bills this session.
B. Council Member Paul Glover – said this week was a fun week for him.
There are two classes in East Midvale Elementary of third graders who are learning
about government. The students asked him questions about the city and what the city
can do about things they are interested in. They want a safe Midvale and clean air, and
they listed the things they think would help to achieve what they want. They want us to
put cameras up with a sign at the bottom that says, “smile you’re on camera”. He gave
each Council member the list so they can read it.
Proceedings of City Council Meeng
February 4, 2025
3
Proceedings of City Council Meeng
February 4, 2025
4
Proceedings of City Council Meeng
February 4, 2025
5
Proceedings of City Council Meeng
February 4, 2025
6
Proceedings of City Council Meeng
February 4, 2025
7
Proceedings of City Council Meeng
February 4, 2025
8
Proceedings of City Council Meeng
February 4, 2025
9
Proceedings of City Council Meeng
February 4, 2025
10
Proceedings of City Council Meeng
February 4, 2025
11
Proceedings of City Council Meeng
February 4, 2025
12
Proceedings of City Council Meeng
February 4, 2025
13
C. Council Member Heidi Robinson – said she would like to welcome Cactus
and Tropicals to Main Street. She highly recommends visiting and then going next door
to Bambinos for pizza. Things are happening on Main Street, and she hopes the
community is noticing and will get out and support what is happening here.
D. Council Member Bryant Brown – said he has received so many positive
notes on the northern half of lighting on Main Street, which has made such a big
difference. It feels more inviting, safe, and clean; the fixtures are better than he imagined.
The company put in the bid had a picture of an iron sign over the street that says,
Welcome to the city. He thinks the city should look into that for Midvale; it would pull the
entire Main Street scene together.
Mayor Dustin Gettel said Cactus and Tropicals have their official grand opening planned
for next month, they are trying to coordinate the lights with that.
E. Council Member Denece Mikolash – said she has been playing catchup
and has been meeting with senior staff and Council, which is making her even more
excited to being here.
IV. MAYOR REPORT
A. Mayor Dustin Gettel said that since he has been out and about at different
meetings in other cities, he is hearing that other cities are noticing what is happening in
Midvale on Main Street and they are looking for ways to replicate what we are doing in
their own communities. Tomorrow there will be a “Meet the Mayor” event at Two Row
Brewing from 6pm – 9pm. Unified Fire Authority spent about two weeks helping with the
Palisades fire in California. He said he would like to hold an official show of appreciation
for them at an upcoming meeting.
V. CITY MANAGER REPORT
A. Matt Dahl said Midvale City has sponsored a table for 8 at the Canyons
School District Education Foundation Gala which will be held March 27 from 6pm – 9pm.
The dress is cocktail and semi-formal attire. He said staff have been working through the
legislative bills to identify and address legislation that may affect Midvale City. A few of
those bills are a change to the way ties are addressed when choosing mayors and council
members to fill vacancies. He spoke about a bill that would dilute or reduce the amount
of money that would go to the homeless shelter mitigation fund. Staff are trying to identify
bills that are Midvale bills that could significantly impact Midvale, as well as bills of interest,
so the Council can be aware of them. Anyone can visit the Utah League of Cities and
Towns at ulct.org to view their bill tracker.
Matt Dahl introduced Brian Buckhout, Emergency Management Planner with UFA. Brian
Buckout introduced himself and gave some background on his expertise in the field and
what he plans to do for Midvale City. He is here to teach Midvale how to recover and
respond to an emergency and become a more resilient Midvale.
VII. CONSENT AGENDA
Proceedings of City Council Meeng
February 4, 2025
14
A. CONSIDER MINUTES OF JANUARY 21, 2025
B. CONSIDER RESOLUTION NO. 2025-R-06 ENTERING INTO AN
INTERLOCAL AGREEMENT WITH SALT LAKE COUNTY FOR TRAFFIC
SIGNAL MAINTENANCE.
C. CONSIDERATION AND APPROVAL OF THE 2025 FLEET PURCHASE
AND SURPLUS LISTS.
D. CONSIDER RESOLUTION NO. 2025-R-08 AUTHORIZING THE USE OF
THE ALTERNATIVE VOTING METHOD OF RANKED CHOICE VOTING
FOR THE 2025 MUNICIPAL ELECTION.
MOTION: Council Member Paul Glover MOVED to Approve the Consent Agenda.
The motion was SECONDED by Council Member Heidi Robinson.
Mayor Gettel called for discussion on the motion. There being none,
he called for a roll call vote. The voting was as follows:
Council Member Bonnie Billings Aye
Council Member Paul Glover Aye
Council Member Heidi Robinson Aye
Council Member Bryant Brown Aye
Council Member Denece Mikolash Aye
The motion passed unanimously.
VI. PUBLIC HEARING
A. CONSIDER ORDINANCE NO. 2025-O-02 APPROVING A TEXT AMENDMENT
TO AMEND SECTIONS OF TITLE 17 OF THE MIDVALE MUNICIPAL CODE
ADDING NEW PARKING STANDARDS FOR TENNIS AND PICKLEBALL ONLY
COMMERCIAL RECREATIONAL FACILITIES.
Elizabeth Arnold said Midvale City requests an amendment to the following sections of
the Midvale City Municipal Code relating to parking requirements for commercial
recreation facilities: 17- 7-5.7, 17-7-7.8, 17-7-8.8, 17-7-9.6, 17-7-10.12.6, 17-7-12.7, 17-
7-13.7, and 17-7-17.7. The current parking standards will not change, and a new standard
for tennis and pickleball only facilities requiring 6 parking stalls per court will be added.
Due to the large size of tennis and pickleball facilities, the required parking stalls currently
required by the code seemed disproportionately high to the number of patrons that could
utilize the facility. This new parking standard will allow for a more proportionate number
of parking spaces for the use.
Public notice has been sent to affected entities as required in 17-3-9.B of the Municipal
Code. No comments have been received as of the writing of this report.
-ZONING CODE AMENDMENT CRITERIA-
Proceedings of City Council Meeng
February 4, 2025
15
Midvale City Code 17-3-1(F) outlines the criteria necessary for amendments to the zoning
code. A proposal may only be approved if it demonstrates one or more of the following:
1. The proposed amendment promotes the objectives of the general plan and
purposes of this title;
2. The proposed amendment promotes the purposes outlined in Utah State Code 10-
9a-102;
3. The proposed amendment more clearly explains the intent of the original language
or has been amended to make interpretation more straightforward; or
4. Existing zoning code was the result of a clerical error or a mistake of fact.
Staff finds that this proposal meets the first criterion listed above by promoting
coordinated development, effective use of land, and site planning.
Proceedings of City Council Meeng
February 4, 2025
16
Proceedings of City Council Meeng
February 4, 2025
17
Council Member Bryant Brown said suggested considering some additional parking
spaces, like six per court plus an additional five in case of an event or something. Or
maybe calculate by square footage.
Council Member Heidi Robinson asked if they looked at the standards that other cities
already have in place.
Elizabeth Arnold said she was not sure if they looked at other cities’ standards.
MOTION: Council Member Paul Glover MOVED to open the public comment
portion of the public hearing. The motion was SECONDED by Council
Member Heidi Robinson. Mayor Gettel called for discussion on the
motion. There being none, he called for a vote. The motion passed
unanimously.
There were no public comments.
MOTION: Council Member Paul Glover MOVED to close the public hearing. The
motion was SECONDED by Council Member Heidi Robinson. Mayor
Gettel called for discussion on the motion. There being none, he called
for a vote. The motion passed unanimously.
ACTION: Consider Ordinance No. 2025-O-02 Approving a Text
Amendment to amend sections of Title 17 of the Midvale
Municipal Code adding new parking standards for tennis and
pickleball only commercial recreational facilities.
Proceedings of City Council Meeng
February 4, 2025
18
Council Member Bryant Brown understands that pickleball is extremely popular, but ninety
parking spaces seem like a lot. He would like to see six per court and then another five
or six based on square footage.
Council Member Denece Mikolash suggested six per court plus one additional spot for an
employee instead of calculating by square footage.
MOTION: Council Member Bryant Brown MOVED to table this item until the
changes were made by staff and brought back once changes have
been made. The motion was SECONDED by Council Member Heidi
Robinson. Mayor Gettel called for discussion on to the motion. There
being none, he called for a vote. The motion passed unanimously.
VIII. ACTION ITEM
A. CONSIDER RESOLUTION NO. 2025-R-07 ACKNOWLEDGING
COMPLETION AND RECEIPT OF FISCAL YEAR 2024 ANNUAL AUDIT.
Mariah Hill said an annual financial audit is required of all municipalities who have
revenues or expenditures of $1,000,000 or more. The audit must be submitted to the
State Auditor’s Office by December 31 of the year. We did not make that deadline due to
delays related to staff turnover and the auditor’s preparing our financial statements for the
first time. The independent auditor is responsible for reporting whether or not the
governing body’s financial statements are prepared in conformity with generally accepted
accounting principles. This report will be presented by Marcus Arbuckle of Keddington &
Christensen L.L.C. The report will be submitted to the State Auditor's Office and will be
available to the public. An electronic version of the Annual Comprehensive Financial
Report will be sent to the Council. An electronic version of the Annual Comprehensive
Financial Report will be posted on the City's website shortly after acceptance by the
Council. As required in Utah Code section 10-6-152, notice will be given to the public that
the audit has been completed and is available for inspection.
Proceedings of City Council Meeng
February 4, 2025
19
Proceedings of City Council Meeng
February 4, 2025
20
Proceedings of City Council Meeng
February 4, 2025
21
Proceedings of City Council Meeng
February 4, 2025
22
Proceedings of City Council Meeng
February 4, 2025
23
Proceedings of City Council Meeng
February 4, 2025
24
Proceedings of City Council Meeng
February 4, 2025
25
Proceedings of City Council Meeng
February 4, 2025
26
Proceedings of City Council Meeng
February 4, 2025
27
Mariah Hill introduced Marcus Arbuckle with Keddington and Christensen to explain the
process and the results of the audit.
Mr. Arbuckle reviewed the audit and any findings. He was very complimentary of staff as
well as the institutional controls the City has regarding funds.
Proceedings of City Council Meeng
February 4, 2025
28
Council Member Paul Glover thanked Keddington and Christensen for the audit and
expressed appreciation for our staff and the auditors.
MOTION: Council Member Heidi Robinson MOVED to Approve Resolution No.
2025-R-07 Acknowledging Completion of the Fiscal Year 2024 Audit
and Direct that Notice be Published Pursuant to Section 10-6-152 of
the Utah Code. The motion was SECONDED by Council Member
Bonnie Billings. Mayor Gettel called for discussion on the motion.
There being none, he called for a roll call vote. The voting was as
follows:
Council Member Bonnie Billings Aye
Council Member Paul Glover Aye
Council Member Heidi Robinson Aye
Council Member Bryant Brown Aye
Council Member Denece Mikolash Aye
The motion passed unanimously.
MOTION: Council Member Bryant Brown MOVED to un-table Ordinance No.
2025-O-02 Approving a Text Amendment to amend sections of Title 17
of the Midvale Municipal Code adding new parking standards for
tennis and pickleball only commercial recreational facilities. The
motion was SECONDED by Council Member Heidi Robinson. Mayor
Gettel called for discussion on the motion. There being none, he called
for a roll call vote. The motion passed unanimously.
MOTION: Council Member Bryant Brown MOVED to approve Ordinance No.
2025-O-02 Approving a Text Amendment to amend sections of Title 17
of the Midvale Municipal Code adding new parking standards for
tennis and pickleball only commercial recreational facilities. The
motion was SECONDED by Council Member Heidi Robinson. Mayor
Gettel called for discussion on the motion. There being none, he called
for a roll call vote. The voting was as follows:
Council Member Bonnie Billings Aye
Council Member Paul Glover Aye
Council Member Heidi Robinson Aye
Council Member Bryant Brown Aye
Council Member Denece Mikolash Aye
The motion passed unanimously.
IX. DISCUSSION ITEM
A. OPEN MEETINGS, SOCIAL MEDIA, AND GRAMA TRAINING.
Garrett Wilcox said Utah Code Ann. § 52-4-104 requires that members of a public body
are provided annual training on the Open and Public Meetings Act. Tonight’s training will
meet that requirement by covering a variety of topics related to the Open and Public
Meetings Act including its legislative intent, important definitions, legal requirements, and
Proceedings of City Council Meeng
February 4, 2025
29
common violations. Additionally, tonight’s training will also cover the basics of Utah’s
Government Records Access and Management Act. Finally, the training will address best
practices regarding social media and elected officials based on the current state of law
and in context of both Acts.
Proceedings of City Council Meeng
February 4, 2025
30
Proceedings of City Council Meeng
February 4, 2025
31
Proceedings of City Council Meeng
February 4, 2025
32
Proceedings of City Council Meeng
February 4, 2025
33
Proceedings of City Council Meeng
February 4, 2025
34
Proceedings of City Council Meeng
February 4, 2025
35
Proceedings of City Council Meeng
February 4, 2025
36
Proceedings of City Council Meeng
February 4, 2025
37
Proceedings of City Council Meeng
February 4, 2025
38
Proceedings of City Council Meeng
February 4, 2025
39
Proceedings of City Council Meeng
February 4, 2025
40
Proceedings of City Council Meeng
February 4, 2025
41
Proceedings of City Council Meeng
February 4, 2025
42
Proceedings of City Council Meeng
February 4, 2025
43
Proceedings of City Council Meeng
February 4, 2025
44
Mayor Dustin Gettel asked if a general issue is discussed at a time when it isn’t known
that it might be scheduled for discussion, is that okay?
Garrett Wilcox said it might be fine if it is an issue about another city but if it’s a Midvale
issue there may be problems due to the Midvale City Council holding the power to put
items on the agenda and make the decisions for Midvale.
Mayor Dustin Gettel asked if he could receive a text during a meeting for an issue that is
not considered deliberating, for instance, can we take a bathroom break.
Garrett Wilcox said it would be best to just ask openly for a 5-minute recess to keep
everything transparent.
Council Member Bonnie Billings asked how long she should keep text messages.
Garrett Wilcox explained what transitory correspondence is and stated that it only needs
to be kept until the resolution of the issue has been reached.
Matt Dahl asked if someone mistakenly posts something to the wrong social media
account how can that be fixed?
Garrett Wilcox said there is no Supreme Court ruling on that specifically; however, they
will look at an error like that on a case-by-case basis.
Matt Dahl asked if every conversation he might have with Legal would be considered
Attorney Client Privilege.
Proceedings of City Council Meeng
February 4, 2025
45
Garrett Wilcox said no.
Mayor Dustin Gettel asked for an example of a decision that Garrett Wilcox would not
advocate for even if the City Council unanimously voted in agreement for it.
Garrett Wilcox said he took an oath to protect the Constitution and the residents of
Midvale regardless of what the City Council wants to do. An example would be if a
decision was to do an initiative. The City Council is not the final authority on the issue, the
will of the people is the final authority. He would be responsible for upholding the decision
of the people.
IX. ADJOURN
MOTION: Council Member Paul Glover MOVED to adjourn the meeting. The
motion was SECONDED by Council Member Bonnie Billings. Mayor
Gettel called for discussion on the motion. There being none, he called
for a vote. The motion passed unanimously.
The meeting adjourned at 8:19 p.m.
Rori L. Andreason, MMC
H.R. DIRECTOR/CITY RECORDER
Approved this February 18, 2025
MIDVALE CITY COUNCIL
SUMMARY REPORT
February 18th, 2025
SUBJECT: Update on Trans-Jordan Landfill and Transfer Station Opening
SUBMITTED BY: Glen Kennedy, Public Works Director
SUMMARY: Kane Loader, the Trans-Jordan Board Chair and Midvale
representative will discuss and provide updates on the transfer station set to
open this year.
FISCAL IMPACT: N/A
ATTACHMENTS: N/A
MIDVALE CITY COUNCIL
SUMMARY REPORT
February 18th, 2025
SUBJECT: Discussion regarding Entering into an Agreement with ACE
Disposal for Solid Waste Services
SUBMITTED BY: Glen Kennedy, Public Works Director
SUMMARY: The City’s current solid waste handling agreement is set to expire
June 30th, 2025. The major solid waste services include residential curbside
cart pickup of garbage and recycling, neighborhood dumpsters, glass recycling
dumpster, bulky waste, and recycling material processing. The City released a
Request for Proposals (RFP) in November inviting vendors to provide proposals
for a new agreement for these services. The RFP closed in December with the
City receiving three proposals from Waste Management, Republic Services, and
ACE Disposal.
An evaluation committee consisting of the PW Director, PW Deputy Director
and the City Treasurer individually rated the proposals, without pricing.
Pricing and the scores of the proposals were subsequently revealed to the
committee by the City’s procurement/contract analyst prior to selection, ACE
Disposal was determined to be the best option.
FISCAL IMPACT: $971,527 the first year with annual increases based on the
U.S. Department of Labor Consumer Price Index - West Region.
ATTACHMENTS:
Solid Waste Service Agreement (Includes the RFP and ACE’s Proposal as
Exhibits B and C)
Page 1 | 22
SOLID WASTE SERVICES AGREEMENT
This agreement to provide solid waste services (“Agreement”) is made and entered into
as of ____________________, 2025, by and between Midvale City, a Utah municipal
corporation (“City”), and ACE Recycling and Disposal, a Utah corporation (“Contractor”).
BACKGROUND
Currently, the City has approximately 8,000 residential solid waste containers serviced
through weekly curbside collection at 5,800 separate addresses. Additionally, approximately
6,300 residential recycling containers require every other week curbside collection. Midvale City
desires to enter a contract with a qualified and experienced contractor to provide comprehensive
curbside collection, transportation, and disposal of solid waste and the collection and processing
of curbside recyclable materials for residential properties within the city limits.
On November 18, 2024, Midvale issued Request for Proposal # MID24-135 for qualified
bidders to provide solid waste services to Midvale City’s Public Works Department (attached as
Exhibit B).
Contractor submitted a proposal (attached as Exhibit C) and has represented that it has
significant expertise, is licensed to perform, and is in the business of collecting solid waste and
other solid waste services. Contractor desires to provide the requested solid waste services to
Midvale.
Contractor warrants that it can perform the services described in this Agreement as well
as the CONTRACTOR DUTIES/RESPONSIBILITIES listed in Exhibit B. Contractor also
represents that it meets the MINIMUM QUALIFICATIONS listed in Exhibit B.
In accordance with Midvale Municipal Code § 3.02.130, Midvale determined that
Contractor was the responsive responsible bidder.
Midvale and Contractor have determined that it is mutually beneficial to enter into this
Agreement.
Therefore, in consideration of the mutual promises contained in this Agreement, it is
agreed:
AGREEMENT
1. Definitions. The following terms are defined as follows:
“Approved container” means any container approved by the City and issued by Contractor.
I
■
Page 2 | 22
“Commercial solid waste” means garbage, rubbish, trash, and food waste produced in the
normal activities of commercial establishments, public or quasi-public institutions or
establishments.
"Commercial user" means an enterprise, not a residential unit, such as a business association,
corporation, manufacturer, hotel, motel, resort, governmental entity, church, or other
non-residential entity.
"Container location" means placement of approved containers within two feet of the blacktop
or in the gutter if curb and gutter are present and at a location that is readily accessible to
Contractor and its equipment, unless previous arrangements are made between the resident or
the City and Contractor.
“Residential unit" means a dwelling unit, such as a single residential dwelling or multi-
residential dwelling of two or fewer units, located adjacent to a public street. A residential
unit shall not include apartment developments of three units or more, planned unit
developments, condominiums, hotels, motels, townhouses, etc.
2. Services. Contractor will provide all personnel, supervision, materials, equipment, labor, and
all other items necessary to complete the following:
A. Mixed Waste Collection. Contractor will provide weekly curbside collection of mixed
waste for all residential curbside mixed waste in approved containers within Midvale.
This includes:
i. Weekly curbside collection of mixed solid waste from all residential curbside
approved containers within the city limits;
ii. Transport and delivery of collected waste to a permitted and approved solid
waste disposal facility;
iii. Billing residents for any loss or damage to approved containers resulting from
negligence or abuse, following established City protocols; and
iv. Providing and maintaining all curbside approved containers for trash collection.
B. Recycling Collection.
i. Contractor will provide curbside collection and delivery of recyclables to an approved
Materials Recovery Facility (MRF) every other week for all residential curbside
recycling in approved containers.
ii. Contractor will, upon request, provide accurate industry information, statistics, and
trends to assist the City in developing and implementing public education initiatives
to promote recycling and waste reduction among residents.
Page 3 | 22
iii. Billing residents for any loss or damage to approved containers resulting from
negligence or abuse, following established City protocols; and
iv. Providing and maintaining all curbside approved containers for recycling collection.
C. City Facilities Cart, Front-Load, and Roll-Off Waste Collection. Contractor will provide
weekly, bi-weekly, or monthly cart, front-load, and roll-off solid waste collection at City-
owned facilities and parks, as designated by the City. See Exhibit A. The City may add
additional locations by providing Contractor with notice. Contractor will properly dispose
of collected waste at a permitted and approved solid waste disposal facility.
D. Dumpster Rental Service. Contractor will provide a dumpster rental service consisting of
delivering and picking up 30-yard roll-off dumpsters for residential unit solid waste
account holders. The City will handle the reservation process with customers and
coordinate with Contractor to schedule and deliver/pick up dumpsters.
E. City Sponsored Cleanup Services. Contractor will provide dumpster delivery and pickup
service of 30-yard and 15-yard roll-off dumpsters to temporary locations designated by
the City for City events and cleanup services.
F. Glass Collection and Recycling. Contractor will provide a year-round recycling dumpster
of one 30-yard for glass at a location determined by the City. As needed, when the glass
dumpster is full (typically monthly), Contractor will transport the collected glass to a
licensed and approved glass recycling facility. Contractor agrees that there will be no
disposal costs charged to the City other than a hauling charge of $250 per haul.
G. Bi-Annual Curbside Bulk Service. Contractor will collect bi-annual bulk waste, as
described in Section 4.C, for residential unit solid waste account holders. One spring
event will be held in April, and one fall event will be held in November, or as designated
by the City.
H. Emergency/Disaster Event Services. Contractor will respond within 12 hours to the
City’s requests for additional waste collection and disposal service in an emergency or
disaster.
3. Working Conditions. Contractor acknowledges that the City’s territory is subject to
inclement weather conditions including, but not limited to, snow, high-velocity winds, fog,
rain, heat, and flooding. In inclement weather situations, Contactor agrees to make all
reasonable efforts to comply with Section 2. This includes, but is not limited to, providing
additional trucks, personnel, tire chains, or other appropriate means to continue to fulfill its
obligations. Contractor must complete the work in and under conditions it may encounter or
create without extra cost to the City. If Contractor cannot provide service due to weather
problems or other Acts of God, Contractor must immediately notify the City’s Public Works
Director of the situation. Contractor will establish and share a contingency plan agreeable to
the City’s Public Works Director that addresses extreme conditions that would impair
Contractor’s performance under this Agreement.
Page 4 | 22
4. Materials Collected.
A. Mixed Waste. Contractor will collect all residential mixed solid waste that is placed
curbside in an approved container with the following exceptions:
i. Waste that does not fit in an approved container;
ii. Hazardous waste as defined by the United States Environmental Protection Agency,
the Utah Department of Environmental Quality, or the Salt Lake County Health
Department, or
iii. Un-processable waste as defined and prohibited by the waste disposal facility.
In cases where an approved container is not collected for one of the above listed reasons,
Contractor must notify the resident by tagging the container stating the reason.
B. Recycling. Contractor will collect all acceptable residential recyclable materials, as
defined by the waste disposal facility and as determined regularly by Contractor and the
City, which are placed curbside in the approved containers with the following exceptions:
i. Material that does not fit in an approved container; or
ii. Hazardous waste as defined by the United States Environmental Protection Agency,
the Utah Department of Environmental Quality, or the Salt Lake County Health
Department.
In cases where an approved container is not collected for one of the above-listed reasons,
Contractor must notify the resident by tagging the container with a notification stating the
reason.
C. Bulk. Contractor will collect all acceptable bulk materials, as defined by the waste
disposal facility and negotiated by the City and Contractor, that are boxed, bundled, or
twined, do not exceed 75 pounds, and are placed within two feet of the blacktop or in the
park strip if present, and at a location that is readily accessible to Contractor and its
equipment. Contractor will also pick up bulk materials that meet the above requirements
at a location that is not readily accessible to Contractor and its equipment if previous
arrangements are made between the resident or the City and Contractor. Contractor is not
required to collect the following materials:
i. Hazardous waste as defined by the United States Environmental Protection Agency,
the Utah Department of Environmental Quality, or the Salt Lake County Health
Department; or
ii. Construction materials, tires, car parts, glass panes, e-waste, or any other items
deemed unacceptable by the waste disposal facility.
Page 5 | 22
In cases where bulk is not collected for one of the above-listed reasons, Contractor must
notify the resident by placing a stapled or banded notification stating the reason for non-
compliance.
5. Containers.
A. Unapproved Containers. Contractor is required to collect solid waste only in approved
containers unless otherwise provided for in this Agreement.
B. Special Services and Containers. Contractor agrees to provide, at no additional cost to the
City, special services for disabled persons or senior citizens who are unable to safely
move approved containers. Such special services will be reviewed and approved by the
City and Contractor on a case-by-case basis as it becomes necessary.
C. Containers Provided by Contractor. The containers provided by Contractor (size,
dimension, type, etc.) must be approved by the City prior to placement.
6. Collection Operation.
A. Collection Equipment. Contractor agrees to provide an adequate number of vehicles for
regular collection services. Vehicles and equipment used by Contractor must be kept in
good condition and repair, good appearance, and in a sanitary condition at all times.
Vehicles must be maintained properly at all times to reduce unnecessary noise, prevent
leaking oil or hydraulic fluids, and to ensure safe operations on City streets. Vehicles
must also be properly inspected and meet all State and local requirements applicable to
such vehicles. In addition, each vehicle utilized in the performance of this Agreement
must be equipped, at a minimum, with operable safety equipment, a back-up camera, a
back-up alarm, safety triangles, flashers, and tire chains. Each vehicle must have the
name of Contractor and a vehicle identification number clearly visible on each side of the
vehicle.
B. Equipment List. Contractor agrees to furnish the City with a list indicating the vehicles
assigned primarily to the City for waste services. Contractor will provide vehicles and
equipment, including loading arms, that are designed and maintained in such a manner so
as to not gouge, scrape, crush, peel or otherwise damage containers.
C. Spillage. All solid waste hauled by Contractor must be contained or enclosed to prevent
leaking, spilling or blowing out of the solid waste. In the event of any dumping, spillage,
or leaking, Contractor must immediately clean up the litter or spill. Contractor must
immediately clean up any fluid leaking from Contractor's equipment. Additionally, the
City may require Contractor to pay for an asphalt treatment to be determined by the City
to mitigate the aesthetic effects of a spill.
D. Placement of Container After Waste is Dumped into Vehicle. Once Contractor has
emptied a container, Contractor agrees to make all reasonable effort to place the
containers in an appropriate location in an upright position. If there is any obstacle or
Page 6 | 22
obstruction preventing such placement, Contractor will make reasonable efforts to notify
the property owner of the obstruction. Contractor will take immediate action on
complaints regarding misplaced containers that are not a result of weather-related
problems or conditions over which Contractor has no control including snow, wind, and
vehicle or pedestrian traffic.
E. Litter. Contractor may not litter on any premises in the process of making collections.
Contractor is not required to collect or cleanup material that has not been placed properly
in the approved manner provided herein. Contractor must respond to complaints
regarding spilled litter caused by Contractor within four business hours.
F. Disposal Facilities.
i. All residential mixed waste must be hauled by Contractor to the Trans-Jordan Cities
Landfill or the Sandy Transfer Station, unless otherwise directed by the Public Works
Director or as required by state and local government regulations. Contractor must be
familiar with and abide by all rules, regulations, laws, and contract provisions related
to the use of the disposal facilities.
ii. Contractor must haul all residential recycling material to a recycling processing
center of which the City approves. Contractor must be familiar with and abide by all
rules, regulations, laws, and contract provisions related to the use of the recycling
facility.
iii. All bulk materials must be hauled by Contractor to the Trans-Jordan Cities Landfill or
Sandy Transfer Station, unless otherwise directed by the Public Works Director or as
required by state and local government regulations. Contractor must be familiar with
and abide by all rules, regulations, laws, and contract provisions related to the use of
the disposal facility.
iv. Contractor is responsible for any and all surcharges, civil or criminal penalties, fines
and other costs which may be imposed by the Trans-Jordan Cities Landfill or Sandy
Transfer Station, the approved recycling center, or other State and local government
agencies for overweight trucks, unsecured loads, and any other violations of laws or
regulations required for the performance of this Agreement.
v. Contractor may not commingle any business, commercial, industrial, or institutional
waste or recyclables with those collected from residential users and City facilities.
Contractor may not commingle any wastes collected outside the City with those
collected pursuant to this Agreement.
G. Collection Schedule.
i. Normal Collection Schedule. Contractor must follow a collection schedule approved
by the City.
Page 7 | 22
ii. Holiday Collection Schedule. Contractor is not required to collect on the following
holidays:
New Year's Day
Independence Day
Thanksgiving Day
Christmas Day
iii. If Contractor does not collect on a holiday, Contractor must collect on the next
business day.
iv. Time of collection. Contractor may not collect waste in residential areas prior to 7:00
a.m. or continue after 7:00 p.m. without prior consent of the City’s Public Works
Director.
H. City Not Liable for Delay. The City is not liable or responsible to Contractor, or to any
other person, for or on account of any stoppage or delaying the work described herein by
injunction or other legal or equitable proceedings, or any delay for any cause over which
the City has not control. Contractor will indemnify, defend, and hold harmless the City
from any claims (including attorney’s fees), suits, actions, or causes of action resulting
from or arising out of delays or interruption of service which are not caused by the
actions of the City or which the City has no control.
I. Commercial Collection. Commercial users, except for City-owned facilities, are not
included in the scope of this Agreement. Commercial users may contract privately with
any properly licensed collector.
J. Reporting Requirements and Contract Confidentiality. Contractor must maintain
accurate records. Contractor must deliver the following reports to the City, electronically
and in a form agreed to by the City.
I. Monthly – Tonnages of solid waste and recyclables collected
II. Monthly – Customer Issue/Resolution Call Log to include:
a. Name, address, and phone number of complainants
b. Date and time the complaint was received
c. Specific nature of the complaint
d. Date and time the complaint was resolved
e. How the complaint was resolved
III. Monthly – Container Damage Report
IV. Monthly – Violation Notices Report
V. Monthly – Glass tonnage collected
VI. Tonnage reports for special programs within 60 days of completion of events
(curbside bulk program).
VII. Monthly – Tonnage of recyclable material taken to a landfill in lieu of a recycling
facility for compliance with Utah Code Ann. § 19-6-509, as amended.
Page 8 | 22
VIII. Monthly – Sort results of at least one Midvale City recycling load, breaking down
percentages of the following:
a. OCC (Cardboard)
b. Mixed Paper
c. PET (Plastic #1)
d. ABC (Aluminum Cans)
e. HDPE Natural (Plastic #2)
f. HDPE Color (Plastic #2)
g. Tin
h. Mixed Plastics 3-7
i. Trash/Contamination
Performance-related records will become public records after they are received by the
City. Further, the City has the right to review any internal records of Contractor to verify
payments due. If Contractor has provided the information specified in Utah Code Ann. §
63G-2-309, then such internal records are confidential under Utah Code Ann. § 63G-2-
305(2) and will not be released by the City unless expressly authorized in writing by
Contractor.
K. Tipping Fees and Annual Rebate.
i. Tipping Fees. The City will pay all appropriate tipping fees for mixed waste
deliveries to the Trans-Jordan Cities Landfill, Sandy Transfer Station, or any location
approved by the Public Works Director. Tipping fees for materials collected as
recycling that the recycling facility cannot process are the responsibility of
Contractor.
ii. Recycling Fees. Recycling material revenue or disposal will be split 50/50 between
the City and Contractor. All recyclable material must be disposed of at a processing
material recovery facility that meets all local, State, and Federal requirements. The
City and Contractor acknowledge that at the time this Agreement is executed, there
are many changes taking place in the recycling industry. The City and Contractor
agree to revisit the terms of recycle cost and revenue share and the monthly recycle
can cost should further changes in the recyclable materials industry create an
unfavorable economic situation for either or both Parties and give fair consideration
to requests by each Party.
L. Notification of Violations. Contractor must notify the City of violations of the City's
garbage and recycling collection and disposal regulations. Notification must be given to
the City’s Public Works Director or to the representative otherwise designated by the
City.
M. Bulk Violations. Contractor must notify the City of violations of the City’s bulk
collection and disposal regulations. In addition, notification must be given to the resident
by placing a stapled or banded notification on the bulk/green waste in violation.
Page 9 | 22
N. Damage to Property. Contractor must monitor and report any damage to private or public
property caused by Contractor to the City’s Public Works Director or the representative
designated by the City. Contractor is responsible for fixing or providing compensation for
such damages.
7. Customer Service. The services required under this Agreement must be provided in a
friendly, reasonable, and responsive manner sufficient to develop and sustain adequate public
acceptance and support of Contractor's services. As a condition of accepting this Agreement,
Contractor assures that service will be performed in this manner and agrees to adhere to the
following:
A. Office. Contractor will maintain a local telephone number or other office facilities by
which representatives of Contractor can be contacted. The office must be equipped with
sufficient telephones and lines and have a responsible person in charge during all hours
when garbage or recycling pickup service occurs. The office must be within a reasonable
distance from the City. Contractor must maintain the capability to promptly and directly
receive and respond to service complaints by telephone during all hours during pickup
service. Contractor is required to have calls answered by a person and not a recorded
message during any pickup service times. During non-pickup times, calls may be
answered by a recording with a sufficient-sized mailbox for taking messages.
Contractor must furnish the City with after-hours telephones numbers for emergency
response.
B. Response and Resolution. Contractor must resolve all complaints regarding services in a
prompt and courteous manner. Whenever Contractor receives notification of locations
that have not received scheduled service, and such scheduled pickup is missed for any
reason other than failure of the customer to place containers curbside by 7:00 a.m., or
other excused delay as set forth herein, Contractor must correct the error on:
i. The same day as the first notice of missed pickup, if the notice is received before 3:00
p.m.; or
ii. Before 10:00 a.m. of the following day if the notice is received after 3:00 p.m.
Contractor must report the disposition of all complaints in the monthly status report
provided to the City.
8. Term. This Agreement will terminate on June 30, 2030, unless terminated under Section 17
or 18 of this Agreement or renewed by the City. The City has the option to renew the
Agreement for up to two additional three-year extensions. Contractor is responsible for
notifying the City that Agreement will be expiring at least six months prior to the expiration
date of the Agreement.
Page 10 | 22
9. Laws, Licenses, and Taxes. Contractor must conduct operations under this Agreement in
compliance with all applicable laws. Contractor is required to obtain all licenses and permits
and promptly pay all taxes required by governmental agencies.
10. Nondiscrimination. Contractor may not discriminate against any person because of race,
color, sex, age, religion, national origin, disability, pregnancy, familial status, veteran status,
genetic information, sexual orientation, or gender identity. This also includes not using these
characteristics in considering employment, selection of training, promotion, transfer,
recruitment, rates or pay, or other forms of compensation, demotion, or separation decisions.
11. Indemnity. Contractor agrees to defend, indemnify, and hold harmless the City and its
officials, officers, employees, volunteers, and agents from and against all damages, liabilities,
and claims arising out of, or in connection with, Contractor’s performance under this
Agreement, to the extent caused by the negligence, gross negligence, willful misconduct, or
breach of any term, representation, or warranty by Contractor, its employees, agents,
subcontractors, or anyone acting on its behalf.
Contractor shall not be responsible for indemnifying the City to the extent that a claim, loss,
or damage is caused by the sole negligence or willful misconduct of the City.
This section shall survive termination of this Agreement.
12. Insurance. Contractor must at all times during the term of this Agreement, without
interruption, carry and maintain insurance from an insurance company authorized to do
business in the State of Utah in accordance with this Section.
A. Coverage Amounts.
i. Commercial General Liability Insurance. Contractor must have a
Commercial General Liability Insurance policy that includes products and
completed operations, bodily injury, property damage, and personal and
advertising injury and must be in the amount of at least $1,000,000 per
occurrence and $3,000,000 aggregate.
ii. Automobile Liability Insurance. Contractor must have comprehensive
Automobile Liability Insurance in the amount of at least $2,000,000 per
occurrence and $4,000,000 aggregate.
iii. Workers Compensation. Contractor must have Workers Compensation
Insurance (Part A) that meets Utah’s statutory requirements. Contractor must
have Employers Liability Insurance (Part B) in the amount of at least $1,000,000
for each accident, disease, and employee. No owner or officer may be excluded
from coverage.
B. Additional Insured. Contractor must add Midvale as an additional insured to all of its
insurance policies under this Agreement except for its Workers Compensation policies.
■■
Page 11 | 22
C. Cancellation/Expiration. Contractor may not cancel or allow an insurance policy to
expire unless written notice has been given Midvale at least 30 days prior to the
cancellation or expiration and provisions are taken to replace the policy prior to its
cancellation or expiration.
D. Certificate of Insurance. Contractor must provide a Certificate of Insurance that meets
the requirements of this Section to Midvale prior to execution of this Agreement.
Contractor must provide an updated Certificate of Insurance any time its insurance policy
changes. Failure to provide proof of insurance will be deemed a material breach of this
Agreement.
E. Primary, Noncontributory. Insurance under this Section is required to be primary,
noncontributory, and not in excess of any insurance or self-insurance policies available to
or maintained by the City.
F. Material Breach. Contractor’s failure to maintain this insurance in accordance with this
Section for the term of this Agreement is a material breach of this Agreement. Midvale
may immediately terminate this Agreement and seek any other appropriate remedies.
13. Bond.
A. Performance Bond. Contractor, at its sole expense, must execute and deliver a
performance bond with a satisfactory corporate entity conditioned upon the faithful
performance of this Agreement to the City. The performance bond must be in the amount
of $1,000,000 and must remain in force for the term of the Agreement. Contractor may
not perform under this Agreement until the bond has been delivered to the City and
approved by the City Attorney. This Agreement may be terminated by the City at any
time if the bond is cancelled or the surety is relieved from the liability for any reason. The
term of the performance bond must be the same as the term of this Agreement. The surety
on the bond must be a duly authorized corporate surety company authorized to do
business in the State of Utah.
B. Power of attorney. The attorney-in-fact that signs the performance bond must file a
certificate and effectively date a copy of their power of attorney.
14. Billing and Method of Payment.
A. Billing and payments. The City must pay Contractor within 30 days of receipt of a
detailed monthly invoice from Contractor. The invoice must be accompanied by the
required monthly reports. Payment will be calculated by multiplying the rates in
Subsection 14(D) by the applicable totals listed below:
i. Residential Unit Mixed Waste. The residential unit mixed waste total is calculated by
totaling the number of mixed waste approved containers issued to residential units in
Page 12 | 22
the City according to Contractor’s records and verified by City staff by the 25th day
of the month prior to the invoice date.
ii. Residential Unit Recycling. The residential unit recycling total is calculated by
totaling the number of recycling approved containers issued to residential units in the
City according to Contractor’s records and verified by City staff by the 25th day of the
month prior to the invoice date. The recycling payment will be reduced by the City’s
portion of the recycling fees under Subsection 6(K)(ii) that month.
iii. Dumpsters. The dumpster total is calculated by the number of approved dumpsters
placed and picked up by Contractor during the service month according to City
records.
iv. Optional Services. The optional service total is calculated by the number of approved
containers placed and picked up by Contractor as part of the option service during the
service month according to City records. Other expenses for provision of the optional
service will be negotiated and agreed in writing by both Parties prior to provision of
the optional service.
v. Emergency/Disaster Services. The emergency/disaster service total is calculated by
the number of hours completed during the service month by Contractor in response to
an emergency/disaster request by the City as calculated by Contractor and verified by
the City.
vi. Recycling Tipping Fees/Revenue. In accordance with Subsection 6(K)(ii.).
If the City disputes Contractor’s invoice, the City will submit a dispute in writing to
Contractor within 29 days of receiving the invoice. The Parties will expeditiously audit
the disputed amount. Adjustments, if any, will be included in the next monthly payment.
B. Accounting and Auditing. Contractor must keep accurate and complete records in support
of all payments paid by Midvale under this Agreement. Midvale or its representative
may, at any reasonable time, examine, audit, and reproduce all records pertaining to costs
including, but not limited to, payrolls, employees’ time sheets, invoices, and all other
evidence of expenditures for services provided under this Agreement. Such records must
remain available for at least two years after the completion of the underlying services.
C. Billing Errors. Based on the frequency or severity of billing errors, the City may require
Contractor to pay for labor hours incurred by the City to audit and correct such billing
errors.
D. Rates. The City and Contractor agree that the rates charged by Contractor will vary
depending on whether the waste is delivered to the Trans-Jordan Landfill (10473 S
Bacchus Hwy, South Jordan, UT) or to the Sandy Transfer Station (700 W and 8900 S,
Sandy, UT). Whenever, both delivery sites are available, Contractor agrees to deliver
Page 13 | 22
waste to the site chosen by the City. The City agrees to pay the rates below for each
service provided. These rates will be effective July 1, 2025.
For Waste Delivered to the Trans-Jordan Landfill
Curbside Services
1st Can
Additional Can
Mixed Waste Container Per Month
$ 7.60
$ 5.51
Recycle Container Per Month
$ 3.78
$ 3.78
For Waste Delivered to the Sandy Transfer Station
E. Fuel Adjustment. Contractor is not entitled to a fuel adjustment.
F. Cost of Living Adjustment. Beginning July 1, 2026, and every subsequent July 1 of each
year of the Agreement, the Curbside and Large Containers/Bulk Event rates in
Subsection 14(D) will be adjusted by a percentage equal to 100% of the annual increase
of the U.S. Department of Labor Consumer Price Index - West Region.
15. Assignment, Delegation, and Subcontracts.
A. Consent. This Agreement may not be assigned, delegated, or subcontracted without
written consent of the City. The City may withhold its consent at its sole discretion. In the
event of any assignment, the assignee must assume all the liabilities and obligations of
Contractor under this Agreement.
Large Containers/Bulk Event
Cost Per Container, Per Account/Event
Curbside Bulk Event
$ 4.93 per home per event
Neighborhood Dumpsters
$ 250.00 per haul
Glass Recycle Roll-Off
$ 250.00 per haul
Emergency/Disaster Services
Rates for Emergency/Disaster Services
Cost Per Hour
$ 180.00
Curbside Services
1st Can
Additional Can
Mixed Waste Container Per Month
$ 6.32
$ 5.25
Recycle Container Per Month
$ 3.78
$ 3.78
Large Containers/Bulk Event
Cost Per Container, Per Account/Event
Curbside Bulk Event
$ 4.93 per home per event
Neighborhood Dumpsters
$ 200.00 per haul
Glass Recycle Roll-Off
$ 250.00 per haul
Emergency/Disaster Services
Rates for Emergency/Disaster Services
Cost Per Hour
$ 180.00
Page 14 | 22
B. Subcontractors. Contractor is responsible for acts or omissions of any of its
subcontractors in the performance of Building Services. Contractor must ensure that any
subcontractors retained by Contractor to perform Building Services will be subject to the
requirements of this Agreement. The City will accept invoices only from Contractor and
will make payments only to Contractor for Services.
16. Misplaced Property. Contractor will use its best efforts to recover any items that a City
resident may have inadvertently or unintentionally deposited in an approved container, and if
located, will return such items to the resident.
17. Termination.
A. Termination. Either Party may terminate this Agreement for any reason upon 180 days
prior written notice. In the event of such termination, Contractor has the right and
obligation to immediately assemble work-in-progress for the purpose of completing the
work prior to termination of the Agreement. All compensation for actual work performed
and charges outstanding at the time of termination will be payable by the City in
accordance with Subsection 14(A).
B. Future Appropriations. This Agreement may not be construed in any manner to bind the
Legislative or administrative discretion of the City or its future budget appropriations.
The Parties recognize that this Agreement extends beyond the current fiscal year. If
insufficient funds are appropriated, the Agreement will terminate and become null and
void on the first day of the fiscal year for which funds were not sufficiently appropriated.
In the event of a reduction in appropriations, the Agreement will terminate and become
null and void on the last day before the reduction becomes effective. Termination of this
Agreement under this Subsection will not be considered a breach of this Agreement. Such
termination will be without any penalty or liability.
18. Default.
A. Contractor Remedies. If the City defaults under this Agreement, Contractor may pursue
the following remedies 7 days after serving written notice of the default and the remedy
to the City if the City fails to remedy the default within the 7 days:
i. Stop Performance. Contractor may stop performance under this Agreement until the
City has cured the default.
ii. Interest. Contractor may charge the City 1.5% interest, compounded monthly, on any
unpaid amount owed by the City.
iii. Termination. If the City has not cured the default within a reasonable amount of time,
Contractor may terminate this Agreement with 7 days prior written notice. The City
will pay Contractor for actual work performed prior to termination and charges
outstanding at the time of termination within 30 days of the final invoice.
Page 15 | 22
B. City Remedies. If Contractor defaults under this Agreement, the City may pursue the
following remedies upon written notice of the default and the remedy to Contractor.
i. Suspend Performance. The City may suspend Contractor’s performance under this
Agreement until Contractor has cured the default.
ii. Withhold Payment. The City may withhold payment until Contractor has cured the
default.
iii. Reimbursement. If Contractor fails to cure the default within a reasonable amount of
time, the City may cure the default and may charge Contractor with any costs the City
incurs in curing the default.
iv. Termination. If Contractor has not cured the default within a reasonable amount of
time, the City may terminate this Agreement with 7 days prior written notice. The
City will pay Contractor for actual work performed prior to termination and charges
outstanding at the time of termination minus any reimbursement owed to City within
30 days of the final invoice. If the reimbursement owed to the City is greater than
final payment owed to Contractor, Contractor will reimburse the City the amount of
the reimbursement less the final payment amount within 30 days of the final invoice.
C. Other Legal Remedies. The list of remedies under this Section is not exhaustive. Either
Party may pursue any other right or remedy available to it, either in law or equity, on
account of the other Party’s default.
D. Nonexclusive. The remedies available to the Parties are nonexclusive. Either Party may
use any combination of remedies available.
19. Standard of Care. Contractor represents and warrants that the Services provided by
Contractor under this Agreement are provided in a manner consistent with the level of care
and skill ordinarily exercised by or under the direction of members of Contractor’s
profession currently practicing in the Parties’ locality and under similar conditions.
20. Status Verification. Under the Utah Immigration Accountability and Enforcement Act, Utah
Code Ann. §§63G-12-101 to 402, any entity physically performing services within Utah for a
public employer is required to participate in Utah’s Status Verification System. Contractor
will provide the City a certification of its compliance with this requirement prior to the City’s
execution of this Agreement.
21. Time. For all services performed under this Agreement, time is of the essence. Contractor is
liable for all reasonable damages to Midvale as a result of Contractor’s failure to timely perform the
services required under this Agreement, which delay is not attributable to the City.
22. Conflict of Interest.
A. Relationship. Contractor represents that none of its officers or employees are elected
officials, officers, employees, volunteers, or agents of Midvale or its affiliates, unless it
Page 16 | 22
has made such disclosure to the City prior to execution of this Agreement. Contractor
represents and warrants that none of its officers, employees, or immediate family
members of its officers or employees is or has been an elected official, officer, employee,
volunteer, or agent of Midvale or its affiliates who influences the City’s procurement
process. This includes, but is not limited to, anyone involved in the drafting of Midvale’s
procurement and project documents or the City’s selection of a bidder.
B. Gift. Contractor represents and warrants that is has not provided any compensation or gift
in any form, whether directly or indirectly, to an elected official, officer, employee, board
member, commission member, volunteer, or agent of the City or its affiliates who
influences the City’s procurement process. This includes, but is not limited to, anyone
involved in the City’s drafting of procurement and project documents or the City’s
selection of a bidder.
23. Dispute Resolution. Any dispute arising under or relating to this Agreement will be resolved
in the following order:
A. Good faith negotiations between the Parties;
B. Good faith mediation with a mutually agreed upon meditator and with each Party paying
one half of the mediation costs; and
C. Litigation.
If a Party incurs any legal or attorney’s fees in litigation to resolve a dispute arising under or
relating to this Agreement, the prevailing Party may recover such fees.
24. Governing Law and Venue. This Agreement is governed by the laws, rules, and regulations
of the State of Utah. Any action or proceeding arising from this Agreement must be brought
in a court of competent jurisdiction in Salt Lake County, Utah.
25. Relationship of Parties. Contractor is an independent contractor of the City. No other legal
relationship has been formed by this Agreement, and in no manner is Contractor an employee
or agent of the City. Contractor is not entitled to any of the benefits associated with such
employment. Contractor is responsible for all applicable federal, state, and local taxes and all
FICA contributions. The Parties have no authorization, express or implied, to bind the other
Party. The Parties agree not to perform any such acts as an agent for the other Party.
26. Modification. This Agreement may be modified only by the mutual written agreement of the
Parties. Any such amendment will be attached to this Agreement.
27. Waiver. Failure by either party to insist upon the strict performance of any condition of this
Agreement or to exercise any right or remedy found under the Agreement does not constitute
a waiver. Either Party may waive any of its rights or any conditions only by written notice to
the other party. No waiver may affect or alter the remainder of this Agreement. Every other
---
Page 17 | 22
condition in the Agreement will remain in full force with respect to any other existing or
subsequently occurring breach.
28. Point of Contact. All dealing contacts or other meetings and discussions between Contractor
and the City must be directed by Contractor to the City’s Public Works Director or his or her
designee.
29. Severability. If any provision of the Agreement is held to be void, the voided provision will
be considered severable from the remainder of the Agreement and will not affect any other
provision in the Agreement. If the provision is invalid due to its scope or breadth, the
provision will be considered valid to the extent of the scope or breadth permitted by law. Any
modifications to the Agreement under this section will be construed in the way that most
reflects the original intent of the Parties.
30. Notice. Any notice required under the Agreement will be deemed sufficiently given or served
if personally delivered or sent by certified United States Mail to the other Party at the
business address listed on the Party’s website on the date the notice is issued. The Parties
agree to maintain their business addresses up to date.
31. Government Records Access and Management Act. Contractor recognizes that Midvale is
a governmental entity that is subject to Utah’s Government and Records Access and
Management Act, Utah Code Ann. §§ 63G-2-101 et seq, as amended. As such, any
documents produced or collected under this Agreement may be subject to public access, and
therefore, Midvale cannot guarantee the confidentiality of any information provided by
Contractor. If Contractor believes that a document should be protected under Utah Code
Ann. §§ 63G-2-305(1) or (2), then Contractor must provide a written claim of business
confidentiality to the City that complies with Utah Code Ann. § 63G-2-309(1). Contractor
agrees to cooperate with and to supply any requested records to Midvale with any public
records request. This obligation will survive any suspension or termination of this
Agreement.
32. Non-Exclusive Right. Contractor understands that this Agreement is not exclusive. Midvale
may contract with other individuals or entities to provide the same or similar services. This
contract does not guarantee any amount of work.
33. Government Immunity. Midvale advises that it is a governmental entity in the State of Utah
and is bound by the provisions of the Utah Governmental Immunity Act (Title 63G, Chapter
7 of Utah Code Ann., as amended). Midvale does not waive any procedural or substantive
defense or benefit provided by the Governmental Immunity Act or comparable legislative
enactment, including without limitation, the provisions of Utah Code Ann. § 63G-7-604
regarding the limitation of judgments. Any indemnity and insurance obligations incurred by
Midvale under this Agreement are expressly limited to the amounts identified in the Act.
34. Publicity. Contractor must submit all advertising and publicity matters relating to this
Agreement to Midvale for written approval. It is the City’s sole discretion whether to provide
approval. This provision will survive the termination of this Agreement.
■■
Page 18 | 22
35. Survival. Termination of this Agreement does not extinguish or prejudice Midvale’s right to
enforce this Agreement with respect to any default or defect in the services that has not been
cured or for any term that explicitly survives the termination of this Agreement or is intended
to survive termination of this Agreement.
36. Data Privacy. To the same extent as Midvale, Contractor must comply with the
requirements of Utah’s Government Data Privacy Act, Utah Code Ann. §§ 63A-19-101 to
601, as amended, with regard to the personal data processed or accessed by Contractor as
part of Contractor’s performance under this Agreement. In the event that Contractor fails to
comply with Utah’s Government Data Privacy Act, it will be considered a material breach.
37. No Boycott. Pursuant to Utah Code § 63G-27-201, Contractor is required to certify that
Contractor is not currently engaged in an economic boycott, as defined in Utah Code Ann. §
63G-27-102(5), or a boycott of the State of Israel. Contractor agrees not to engage in a
boycott of the State of Israel for the duration of the Agreement. Contractor agrees to notify
the City in writing if it begins engaging in an economic boycott, which may be grounds for
termination of the Agreement. Contractor will provide Midvale a certification of its
compliance with this requirement prior to performing work under this Agreement.
Entire Agreement. This Agreement constitutes the entire agreement between the Parties
regarding services provided under Section 2. This Agreement supersedes any and all prior
understandings and agreements between the Parties including, whether oral or written.
[SIGNATURE PAGE TO FOLLOW]
■■
Page 19 | 22
Midvale City and Ace Recycling and Disposal have read and understand the terms of this
Solid Waste Services Agreement. Both parties have demonstrated their willingness to enter into
the Agreement as of the date above by having their authorized representatives sign below
MIDVALE CITY
___________________________________
Dustin Gettel, Mayor
Attest:
___________________________________
Rori Andreason, City Recorder
Contractor
___________________________________
[Name], [Title]
State of Utah)
§
County of__________________________)
On this ____ day of _____________, in the year 2025, personally appeared before me,
__________________________, whose identity is personally know to me (or proven on the
basis of satisfactory evidence) and who by me duly sworn/affirmed, did say that he/she is the
__________________________ of Contractor. and that said document was signed by him/her on
behalf of said Corporation by Authority of its Bylaws or Resolution of its Board of Directors,
and said __________________________ acknowledged to me that said Corporation executed
the same.
Witness my hand and official seal.
__________________________________
Notary Public
■■
Page 20 | 22
EXHIBIT A
City Facilities
Facility/Site
Address
Type
Qty
Frequency
Midvale City Park
425 W 6Th Ave
96 Gallon Cart Trash -
Sideload
26
2x per week
Midvale Community Center
350 W Park St
96 Gallon Cart Trash -
Sideload
2
2x per week
Public Works Shop
8196 S Main St
96 Gallon Cart Trash -
Sideload
6
1x per week
Public Works Roll-offs
8196 S Main St
30 Yard Open Top Trash
2
On Call
Midvale City Cemetery
471 W 6Th Ave
96 Gallon Cart Trash -
Sideload
6
2x per week
Performing Arts Center
697 W Center St
96 Gallon Cart Trash -
Sideload
3
2x per week
Midvale Park & Ride
7230 S Catalpa St
96 Gallon Cart Trash -
Sideload
2
2x per week
Midvale City Park Field
7800 S Chapel St
96 Gallon Cart Trash -
Sideload
2
2x per week
Midvale City Hall
7505 S Holden St
4 Yard Front Load Trash
Service
1
2x per week
Midvale City Hall
7505 S Holden St
4 Yard Front Load Recycle
service
1
2x per week
Midvale Chapel Street Park
7720 S Chapel St
96 Gallon Cart Trash -
Sideload
6
2x per week
Midvale Splash Pad - Park
Chapel St & 2nd
Ave
96 Gallon Cart Trash -
Sideload
13
1x per week
Bingham Junction Park
6980 S River
Reserve Ct
96 Gallon Cart Trash -
Sideload
2
1x per week
Adams Street Park
8200 S Adam St
96 Gallon Cart Trash -
Sideload
8
1x per week
Midvale City Glass
7688 S Holden St
30 Yard Closed Top
1
1x per
month
Midvale Art House
7697 S Main St
96 Gallon Cart Trash -
Sideload
8
1x per week
Page 21 | 22
EXHIBIT B
City’s RFP For Solid Waste Services
■■
REQUEST FOR PROPOSALS (RFP)
SOLID WASTE CURBSIDE SERVICES
for
MIDVALE CITY
7505 SOUTH HOLDEN STREET
MIDVALE, UT 84047
801-567-7237
Proposals shall be submitted electronically to U3P (Utah Public Procurement Place) no
later than Monday, December 23, 2024, 5:00 P.M. (MDT)
1. INTRODUCTION
Midvale City (City) is seeking a qualified and experienced contractor to provide
comprehensive curbside collection, transportation, and disposal of solid waste and the
collection and processing of curbside recyclable materials for residential properties within
the city limits. The initial contract term will be for five years, with options to renew for up
to two additional three-year extensions.
Currently, the City has approximately 8,000 residential solid waste containers serviced
through weekly curbside collection at 5,800 separate addresses. Additionally,
approximately 6,300 residential recycling containers require every other week curbside
collection. Due to residential growth within the city boundaries, these collection volumes
are anticipated to increase by approximately 3% annually.
This Request for Proposal (RFP) seeks qualified contractors to provide comprehensive
solid waste management services for Midvale City. The selected contractor will collect
curbside solid waste and recyclable materials and deliver them to approved processing
facilities. The City is eager to establish a long-term partnership with a contractor who can
efficiently and effectively manage waste collection operations while ensuring full
compliance with all applicable environmental regulations and best practices.
2. SCOPE OF SERVICES
The contractor will be responsible for providing the following comprehensive waste
management services:
I. Services. Contractor will provide all personnel, supervision, materials, equipment,
labor, and all other items necessary to complete the following:
A. Mixed Waste Collection. Contractor will provide weekly curbside collection of
mixed waste for all residential curbside mixed waste in approved containers
within Midvale. This includes:
i. Weekly curbside collection of mixed solid waste from all residential curbside
approved containers within the city limits;
ii. Transport and delivery of collected waste to a permitted and approved solid
waste disposal facility;
iii. Billing residents for any loss or damage to approved containers resulting from
negligence or abuse, following established City protocols; and
iv. Providing and maintaining all curbside approved containers for trash
collection.
B. Recycling Collection.
i. Contractor will provide curbside collection and delivery of recyclables to an
approved Materials Recovery Facility (MRF) every other week for all
residential curbside recycling in approved containers.
ii. Contractor will, upon request, provide accurate industry information,
statistics, and trends to assist the City in developing and implementing public
education initiatives to promote recycling and waste reduction among
residents.
iii. Billing residents for any loss or damage to approved containers resulting from
negligence or abuse, following established City protocols; and
iv. Providing and maintaining all curbside approved containers for recycling
collection.
C. City Facilities Cart, Front-Load, and Roll-Off Waste Collection. Contractor will
provide weekly, bi-weekly, or monthly cart, front-load, and roll-off solid waste
collection at City-owned facilities and parks, as designated by the City. See
Exhibit A. The City may add additional locations by providing Contractor with
notice. Contractor will properly dispose of collected waste at a permitted and
approved solid waste disposal facility.
D. Dumpster Rental Service. Contractor will provide a dumpster rental service
consisting of delivering and picking up 30-yard roll-off dumpsters for residential
unit solid waste account holders. The City will oversee the reservation process
with customers and coordinate with Contractor to schedule and deliver/pick up
dumpsters.
E. City Sponsored Cleanup Services. Contractor will provide dumpster delivery and
pickup service of 30-yard and 15-yard roll-off dumpsters to temporary locations
designated by the City for City events and cleanup services.
F. Glass Collection and Recycling. Contractor will provide a year-round recycling
dumpster of one 30-yard for glass at a location determined by the City. As
needed, when the glass dumpster is full (typically monthly), Contractor will
transport the collected glass to a licensed and approved glass recycling facility.
Contractor agrees that there will be no disposal costs charged to the City other
than a hauling charge of $______ per haul.
G. Bi-Annual Curbside Bulk Service. Contractor will collect bi-annual bulk waste, as
described in Section 4.C, for residential unit solid waste account holders. One
spring event will be held in April, and one fall event will be held in November, or
as designated by the City.
H. Emergency/Disaster Event Services. Contractor will respond within 12 hours to
the City’s requests for additional waste collection and disposal service in an
emergency or disaster.
II. Materials Collected.
A. Mixed Waste. Contractor will collect all residential mixed solid waste that is
placed curbside in an approved container with the following exceptions:
i. Waste that does not fit in an approved container;
ii. Hazardous waste as defined by the United States Environmental Protection
Agency, the Utah Department of Environmental Quality, or the Salt Lake
County Health Department, or
iii. Un-processable waste as defined and prohibited by the waste disposal facility.
In cases where an approved container is not collected for one of the above-listed
reasons, Contractor must notify the resident by tagging the container stating the
reason.
B. Recycling. Contractor will collect all acceptable residential recyclable materials,
as defined by the waste disposal facility, and as determined regularly by
Contractor and the City, which are placed curbside in the approved containers
with the following exceptions:
i. Material that does not fit in an approved container; or
ii. Hazardous waste as defined by the United States Environmental Protection
Agency, the Utah Department of Environmental Quality, or the Salt Lake
County Health Department.
In cases where an approved container is not collected for one of the above-listed
reasons, Contractor must notify the resident by tagging the container with a
notification stating the reason.
C. Bulk. Contractor will collect all acceptable bulk materials, as defined by the waste
disposal facility and negotiated by the City and Contractor, that are boxed,
bundled, or twined, do not exceed 75 pounds, and are placed within two feet of
the blacktop or in the park strip if present, and at a location that is readily
accessible to Contractor and its equipment. Contractor will also pick up bulk
materials that meet the above requirements at a location that is not readily
accessible to Contractor and its equipment if previous arrangements are made
between the resident or the City and Contractor. Contractor is not required to
collect the following materials:
i. Hazardous waste as defined by the United States Environmental Protection
Agency, the Utah Department of Environmental Quality, or the Salt Lake
County Health Department; or
ii. Construction materials, tires, car parts, glass panes, e-waste, or any other
items deemed unacceptable by the waste disposal facility.
In cases where bulk is not collected for one of the above-listed reasons,
Contractor must notify the resident by placing a stapled or banded notification
stating the reason for non-compliance.
III. Collection Operation.
A. Collection Equipment. Contractor agrees to provide an adequate number of
vehicles for regular collection services. Vehicles and equipment used by
Contractor must be kept in good condition and repair, good appearance, and in a
sanitary condition at all times. Vehicles must always be maintained properly to
reduce unnecessary noise, prevent leaking oil or hydraulic fluids, and to ensure
safe operations on City streets. Vehicles must also be thoroughly inspected and
meet all State and local requirements applicable to such vehicles. In addition, each
vehicle utilized in the performance of this Agreement must be equipped, at a
minimum, with operable safety equipment, a back-up camera, a back-up alarm,
safety triangles, flashers, and tire chains. Each vehicle must have the name of
Contractor and a vehicle identification number clearly visible on each side of the
vehicle.
B. Equipment List. Contractor agrees to furnish the City with a list indicating the
vehicles assigned primarily to the City for waste services. Contractor will provide
vehicles and equipment, including loading arms, which are designed and
maintained in such a manner to not gouge, scrape, crush, peel or otherwise
damage containers.
C. Spillage. All solid waste hauled by Contractor must be contained or enclosed to
prevent leaking, spilling or blowing out of the solid waste. In the event of any
dumping, spillage, or leaking, Contractor must immediately clean up the litter or
spill. Contractor must immediately clean up any fluid leaking from Contractor's
equipment. Additionally, the City may require Contractor to pay for an asphalt
treatment to be determined by the City to mitigate the aesthetic effects of a spill.
D. Placement of Container After Waste is Dumped into Vehicle. Once Contractor
has emptied a container, Contractor agrees to make a reasonable effort to place
the containers in an appropriate location in an upright position. If there is any
obstacle or obstruction preventing such placement, Contractor will make
reasonable efforts to notify the property owner of the obstruction. Contractor will
take immediate action on complaints regarding misplaced containers that are not a
result of weather-related problems or conditions over which Contractor has no
control including snow, wind, and vehicle or pedestrian traffic.
E. Litter. Contractor may not litter on any premises in the process of making
collections. Contractor is not required to collect or cleanup material that has not
been placed properly in the approved manner provided herein. Contractor must
respond to complaints regarding spilled litter caused by Contractor within four
business hours.
F. Disposal Facilities.
i. All residential mixed waste must be hauled by Contractor to the Trans-Jordan
Cities Landfill or the Sandy Transfer Station, unless otherwise directed by the
Public Works Director or as required by state and local government
regulations. Contractor must be familiar with and abide by all rules,
regulations, laws, and contract provisions related to the use of the disposal
facilities.
ii. Contractor must haul all residential recycling material to a recycling
processing center of which the City approves. Contractor must be familiar
with and abide by all rules, regulations, laws, and contract provisions related
to the use of the recycling facility.
iii. All bulk materials must be hauled by Contractor to the Trans-Jordan Cities
Landfill or Sandy Transfer Station, unless otherwise directed by the Public
Works Director or as required by state and local government regulations.
Contractor must be familiar with and abide by all rules, regulations, laws, and
contract provisions related to the use of the disposal facility.
iv. Contractor is responsible for any and all surcharges, civil or criminal
penalties, fines and other costs which may be imposed by the Trans-Jordan
Cities Landfill or Sandy Transfer Station, the approved recycling center, or
other State and local government agencies for overweight trucks, unsecured
loads, and any other violations of laws or regulations required for the
performance of this Agreement.
v. Contractor may not commingle with any business, commercial, industrial, or
institutional waste or recyclables with those collected from residential users
and City facilities. Contractor may not commingle any wastes collected
outside the City with those collected pursuant to this Agreement.
G. Collection Schedule.
i. Normal Collection Schedule. Contractor must follow a collection schedule
approved by the City.
ii. Holiday Collection Schedule. Contractor is not required to collect on the
following holidays:
New Year's Day
Independence Day
Thanksgiving Day
Christmas Day
iii. If Contractor does not collect on a holiday, Contractor must collect on the next
business day.
iv. Time of collection. Contractor may not collect waste in residential areas prior
to 7:00 a.m. or continue after 7:00 p.m. without prior consent of the City’s
Public Works Director.
H. City Not Liable for Delay. The City is not liable or responsible to Contractor, or
to any other person, for or on account of any stoppage or delaying the work
described herein by injunction or other legal or equitable proceedings, or any
delay for any cause over which the City has not control. Contractor will
indemnify, defend, and hold harmless the City from any claims (including
attorney’s fees), suits, actions, or causes of action resulting from or arising out of
delays or interruption of service which are not caused by the actions of the City or
which the City has no control.
I. Commercial Collection. Commercial users, except for City-owned facilities, are
not included in the scope of this Agreement. Commercial users may contract
privately with any properly licensed collector.
J. Reporting Requirements and Contract Confidentiality. Contractor must maintain
accurate records. Contractor must deliver the following reports to the City,
electronically and in a form agreed to by the City.
I. Monthly – Tonnages of solid waste and recyclables collected
II. Monthly – Customer Issue/Resolution Call Log to include:
a. Name, address, and phone number of complainants
b. Date and time the complaint was received
c. Specific nature of the complaint
d. Date and time the complaint was resolved
e. How the complaint was resolved
III. Monthly – Container Damage Report
IV. Monthly – Violation Notices Report
V. Monthly – Glass tonnage collected
VI. Tonnage reports for special programs within 60 days of completion of
events (curbside bulk program).
VII. Monthly – Tonnage of recyclable material taken to a landfill in lieu of a
recycling facility for compliance with Utah Code Ann. § 19-6-509, as
amended.
VIII. Monthly – Sort results of at least one Midvale City recycling load,
breaking down percentages of the following:
a. OCC (Cardboard)
b. Mixed Paper
c. PET (Plastic #1)
d. ABC (Aluminum Cans)
e. HDPE Natural (Plastic #2)
f. HDPE Color (Plastic #2)
g. Tin
h. Mixed Plastics 3-7
i. Trash/Contamination
Performance-related records will become public records after they are
received by the City. Further, the City has the right to review any internal
records of Contractor to verify payments due. If Contractor has provided the
information specified in Utah Code Ann. § 63G-2-309, then such internal
records are confidential under Utah Code Ann. § 63G-2-305(2) and will not
be released by the City unless expressly authorized in writing by Contractor.
K. Tipping Fees and Annual Rebate.
i. Tipping Fees. The City will pay all appropriate tipping fees for mixed waste
deliveries to the Trans-Jordan Cities Landfill, Sandy Transfer Station, or any
location approved by the Public Works Director. Tipping fees for materials
collected as recycling that the recycling facility cannot process are the
responsibility of Contractor.
ii. Recycling Fees. Recycling material revenue or disposal will be split between
the City and Contractor. All recyclable material must be disposed of at a
processing material recovery facility that meets all local, State, and Federal
requirements. The City and Contractor acknowledge that at the time this
Agreement is executed, there are many changes taking place in the recycling
industry. The City and Contractor agree to revisit the terms of recycle cost and
revenue share and the monthly recycle can cost should further changes in the
recyclable materials industry create an unfavorable economic situation for
either or both Parties and give fair consideration to requests by each Party.
L. Notification of Violations. Contractor must notify the City of violations of the
City's garbage and recycling collection and disposal regulations. Notification
must be given to the City’s Public Works Director or to the representative
otherwise designated by the City.
M. Bulk Violations. Contractor must notify the City of violations of the City’s bulk
collection and disposal regulations. In addition, notification must be given to the
resident by placing a stapled or banded notification on the bulk/green waste in
violation.
N. Damage to Property. Contractor must monitor and report any damage to private or
public property caused by Contractor to the City’s Public Works Director or the
representative designated by the City. Contractor is responsible for fixing or
providing compensation for such damages.
IV. Customer Service. The services required under this Agreement must be provided in
a friendly, reasonable, and responsive manner sufficient to develop and sustain
adequate public acceptance and support of Contractor's services. As a condition of
accepting this Agreement, Contractor assures that service will be performed in this
manner and agrees to adhere to the following:
A. Office. Contractor will maintain a local telephone number or other office facilities
by which representatives of Contractor can be contacted. The office must be
equipped with sufficient telephones and lines and have a responsible person in
charge during all hours when garbage or recycling pickup service occurs. The
office must be within a reasonable distance from the City. Contractor must
maintain the capability to promptly and directly receive and respond to service
complaints by telephone during all hours during pickup service. Contractor is
required to have calls answered by a person and not a recorded message during
any pickup service times. During non-pickup times, calls may be answered by a
recording with a sufficient-sized mailbox for taking messages.
Contractor must furnish the City with after-hours telephones numbers for
emergency response.
B. Response and Resolution. Contractor must resolve all complaints regarding
services in a prompt and courteous manner. Whenever Contractor receives
notification of locations that have not received scheduled service, and such
scheduled pickup is missed for any reason other than failure of the customer to
place containers curbside by 7:00 a.m., or other excused delay as set forth herein,
Contractor must correct the error on:
i. The same day as the first notice of missed pickup, if the notice is received
before 3:00 p.m.; or
ii. Before 10:00 a.m. of the following day if the notice is received after 3:00 p.m.
Contractor must report the disposition of all complaints in the monthly status
report provided to the City.
The contractor must comply with all applicable City Codes, ordinances, and requirements
relevant to the services provided and strictly adhere to all relevant environmental, health,
and safety laws and regulations at the local, state, and federal levels. Rate adjustments for
the contracted services will be made annually based on the U.S. Department of Labor
Consumer Price Index, West Region.
CONTRACTOR DUTIES/RESPONSIBILITIES
The selected contractor will be expected to:
• Provide all necessary supervision, materials, equipment, labor, and other resources
required to complete the specified waste management services safely, efficiently, and in a
timely manner.
• Safely and legally transport and dispose of all collected solid waste at a permitted and
approved disposal facility.
• Ensure proper handling, transportation, and delivery of collected recyclable materials to a
licensed and approved materials recovery facility for processing and marketing.
• Possess and maintain the necessary operational, technical, and financial resources to fulfill
all contractual obligations for the duration of the agreement.
• Comply with all applicable local, state, and federal laws, regulations, and industry best
practices related to waste management, recycling, and environmental protection.
• Comply with the requirements of Utah’s Government Data Privacy Act, Utah Code Ann.
§§ 63A-19-101 to 601, as amended, regarding the personal data processed or accessed by
the contractor’s performance.
• Maintain open communication with the City and respond promptly to any inquiries,
concerns, or requests for information.
MINIMUM QUALIFICATIONS Contractors must meet the following minimum qualifications:
• Minimum ten consecutive years of documented experience in providing comprehensive
waste management services for municipal or government clients, including curbside solid
waste collection, transportation, disposal, and recyclables collection and processing.
• Possession of a valid and current business license for waste collection and disposal services
and adherence to all rules and regulations set by the Department of Environmental
Quality’s Waste Management and Radiation Control Board within the State of Utah.
• Demonstrate adequate operational resources, including a sufficient fleet of collection
vehicles and equipment, maintenance facilities, and trained personnel, to execute and
sustain the contracted services throughout the contract term. Additionally, the contractor
must possess the necessary technical resources, such as routing software, customer service
systems, and data management capabilities, to effectively manage and monitor the City's
waste management operations.
• Proven compliance with all applicable local, state, and federal environmental, health, and
safety laws and regulations related to the collection, transportation, and disposal of solid
waste and recyclable materials, including but not limited to the Resource Conservation and
Recovery Act (RCRA), the Clean Air Act, and the Occupational Safety and Health Act
(OSHA).
• Locally established provider within the State of Utah, with current curbside solid waste
and recycling collection operations servicing residential customers in at least one other
municipality or jurisdiction within the state.
• Assignment of a point contact representative with a minimum of five years of operational
and technical experience in the waste management industry. This representative will serve
as the City's primary point of contact and oversee the successful execution of the contracted
services.
• Demonstrated familiarity with the recycling industry in Utah, including knowledge of local
material recovery facilities, recycling markets, and best practices for maximizing diversion
rates and promoting sustainable waste management practices.
• Provision of customer service capabilities, including a locally staffed call center or
customer service department with live agent availability during regular business hours
(Monday through Friday, 8:00 AM to 5:00 PM Mountain Time) to address inquiries,
complaints, and service requests from City residents in a timely and professional manner.
3. MANDATORY PRE-BID MEETING
There will be no pre-bid meeting for this RFP.
4. RFP INFORMATION, PROPOSAL INSTRUCTIONS AND CONDITIONS
A. Access to Request for Proposal
The RFP is available electronically on the Utah Public Procurement Place (U3P).
Midvale will accept submission only through U3P.
B. RFP Coordination and Communication
Questions about this RFP must be submitted via U3P before the “Deadline for
written questions and comments”, as identified in the schedule of events. Under no
circumstance should Midvale City staff be contacted directly. The intent behind
this requirement is to ensure the same information is communicated and
disseminated to all prospective respondents. Questions should clearly identify the
relevant section and/or subsection of the RFP related to the question being asked.
Questions received after the deadline will not be answered. The City will post its
responses on U3P. Midvale is not responsible for delays caused by U3P.
C. Schedule of Events
Action
Date
Deadline for written questions and comments
Thursday
12/5/2024 @
5:00 p.m.
Proposal Due
Monday
12/23/2024 @
5:00 p.m.
Committee Review
TBD
Interview of Finalist(s)
TBD
City Council Approval of Contract
TBD
D. RFP Amendments and Cancellation
The City reserves the right to change the RFP schedule or issue amendments to the
RFP at any time. In the event the City amends the RFP, the RFP due date may be
extended. The City reserves the right to cancel or re-issue the RFP. Midvale is not
responsible to any bidder for any expenses incurred in preparing a proposal. A
bidder prepares a proposal for this RFP at its sole risk and expense.
E. Proposal Evaluation Criteria
An RFP evaluation committee, comprised of City Staff, will review each proposal.
The following weighted evaluation criteria will be used in selecting a suitable
contractor(s):
Evaluation Criteria
Weighted Points
Qualifications and Experience
25
Operational Plan
25
Price
20
Customer Service
15
Quality of Submission
15
Qualifications and Experience (25 points):
Demonstrated experience providing municipal waste management services,
including curbside solid waste collection, transportation, disposal, and
recyclables collection and processing, with a proven history of successful
performance on similar contracts.
Familiarity with local and state regulations, ordinances, and industry best
practices related to waste management, recycling, and environmental
compliance within the State of Utah.
Expertise and qualifications of the proposed project team, including the
main point of contact assigned to the City, operational managers,
supervisors, drivers, and customer service representatives, as evidenced by
relevant certifications, training, and years of experience in the industry.
Operational Plan (25 points):
• Clarity, efficiency, and feasibility of the proposed collection schedules and
routes for residential solid waste and recycling services within the city limits,
considering factors such as travel distances, traffic patterns, and minimizing
disruptions to residents.
• Description and capacity of the dedicated fleet of collection vehicles and
equipment to be assigned to the City's contract, including information on the
make, model, age, condition, and compliance with emission standards.
• Detailed explanations of the proposed methods and processes for recycling
collection, processing, and marketing, as well as the techniques and facilities to
dispose of solid waste properly, ensuring compliance with environmental
regulations and industry best practices.
Price (20 points):
• Comprehensive and competitive pricing for all required waste management
services, including solid waste collection, transportation, disposal, recycling
collection and processing, front-load/roll-off services, and any proposed
optional services. Greater consideration will be given to curbside mixed waste
and recycling pricing.
• Transparency in the pricing structure, with a clear itemization of all fees,
charges, and potential cost adjustments over the contract term, allows the City
to budget and project costs accurately.
Customer Service (15 points):
• Availability and accessibility of live customer service representatives during
regular business hours (Monday through Friday, 8:00 AM to 5:00 PM Mountain
Time) to address inquiries, complaints, and service requests from city residents
promptly and professionally.
• A detailed description of the complaint resolution process, including response
times, escalation procedures, and methods for documenting and tracking
complaints to ensure satisfactory resolution.
Quality of Submission (15 points):
• Thoroughness and quality of the submitted resumes, curriculum vitae, or
biographical information for key personnel proposed to be assigned to the City's
contract, demonstrating relevant experience and qualifications.
• Additional descriptions, case studies, or examples of relevant work experience
showcasing the contractor's capabilities, successful performance on similar
contracts, and ability to meet the City's requirements.
• Any other supporting documentation or information that may further strengthen
the contractor's proposal and demonstrate their suitability for the contract.
The City reserves the right to request additional information, clarifications, or
interviews with shortlisted contractors during the evaluation process. The contract
will be awarded to the contractor whose proposal is deemed most advantageous to
the City based on the evaluation criteria and the overall best value to the
community.
The bidder with the highest score overall may be awarded the contract. The City
reserves the right to make no awards following this RFP.
F. Proposal Deadline and Submission
i. Proposal Close Date
The close date and time is Monday, December 23, 2024, at 5:00 pm MST.
The City will not be responsible for late submissions. No proposal will be
accepted after the RFP closes. Corrections or modifications to submitted
proposals after the deadline will not be considered, unless specifically
requested by the City for purposes of clarifying the RFP.
ii. Proposal Submission
The following will apply to all proposals:
a. Proposals must address all questions in the RFP with supporting
documents.
b. Proposals must be signed by the bidder (electronic signatures are
acceptable) and in the case of a firm or company, by its President,
Chief Executive, or an individual authorized to act on behalf of the
firm or company. The name of the individual submitting the proposal
must be provided.
c. No oral proposals or oral modification of an existing submitted
proposal will be considered.
d. Under no circumstances are City staff, or its elected officials,
permitted to comment on or have any involvement in the preparation
of a proposal.
e. All written and electronic communications pertaining to this RFP shall
be subject to disclosure pursuant to the Utah Government Records
Access and Management Act (GRAMA). Proposals will be subject to
disclosure under GRAMA only after they are no longer classified as
protected under Utah Code § 63G-2-305(6).
iii. Proposal Format and Content
Proposals should be prepared as simply as possible. Emphasis should be
concentrated on accuracy, completeness, and clarity of content. Each
proposal must conform to the outlined format below. Be sure to provide an
answer to each Evaluation Criteria. If a requirement does not pertain to
your proposal, write “N/A” in your proposal. Proposals with blank
sections may be deemed non-responsive.
Each proposal must conform to the outlined format as follows:
Statement of Qualifications (SOQ):
o Introduction of the contractor or company, including years in business,
corporate structure, and an overview of relevant experience in the
waste management industry.
o Proposed collection schedule and detailed route maps for residential
solid waste and recycling collection services within the City limits.
o A detailed list and description of the dedicated fleet of collection
vehicles and equipment assigned to service the City, including
information on each vehicle's make, model, age, condition, and
capacity.
o Identification and brief biographies of key team members, including
the main point of contact assigned to the City, operational managers,
supervisors, and customer service representatives, highlighting their
relevant experience and qualifications.
Contact Information:
o Name, title, email address, and direct phone number of the company
representative who will serve as the City's primary liaison and point of
contact throughout the contract term.
Supporting Documents:
o Resumes or curriculum vitae of key personnel proposed to be assigned
to the City's contract.
o Additional descriptions of relevant work experience, project examples,
or case studies demonstrating the contractor's capabilities and
successful performance on similar contracts.
o Documents addressing each of the evaluation criteria listed in Section
4.E above.
o Any other relevant information or documentation that may support the
contractor's qualifications and ability to meet the City's requirements.
Pricing Proposal:
o The contractor shall provide two separate costs for hauling and
disposing of collected solid waste. One for transporting of waste to the
Trans-Jordan Landfill - 10473 South Bacchus Hwy, South Jordan, UT
84009. And another for transporting waste to the transfer station
located at approximately 700 W and 8900 S in Sandy, which is
scheduled to be completed Spring of 2025.
o Pricing breakdown and/or cost and revenue sharing strategy for the
processing of recyclable materials.
o Pricing for all other services outlined in the Scope of Services, front-
load/roll-off waste collection, dumpster rental services, City-sponsored
cleanup services, and any optional services proposed.
o A detailed line-item pricing structure and schedule identifying any
potential additional fees or charges that may apply. The list shall
contain the following and should be completed for each endpoint
location scenario for solid waste (Trans-Jordan Landfill and Sandy
Transfer Station).
a) 1st Container Mixed Waste: $ per month, per account
b) Additional Container(s) Mixed Waste: $ per month, per container
c) 1st Recycle: $ per month, per account
d) Curbside Bulk Event: $ per account, per event or
$lump sum, per event
e) Neighborhood/City Event Dumpsters: $ per haul
f) Glass Recycle Roll-Off: $ per haul
g) E-waste and Shredding: $ per event
h) City Facility Dumpsters: $per facility, per month
i) City Facility Containers: $ per facility, per month
Business Licenses and Insurance Certificate:
o Proof of a valid business license for waste collection and disposal
services.
o A current certificate of insurance demonstrating compliance with the
minimum insurance requirements specified in this RFP.
Other Information:
o Any additional information, qualifications, or unique capabilities that
the contractor believes may benefit the City to consider during the
evaluation and selection process.
Include a Signed certification as follows:
By submitting this proposal, I certify that I have read through the
RFP documents, including the proposed contract and that I am
willing to abide by the conditions outlined in the RFP and the
proposed contract, including provisions regarding insurance
coverage required, with the following exceptions:
______________________________________.
Authorized Signature of Bidder:
______________________________
Printed Name and Title:
_____________________________________
Date: ________________
G. The proposal may include any other information the bidder deems essential to the
evaluation. This includes any proposed changes to the attached Sample
Agreement found in Exhibit C.
H. Right to Purchase from Any Source
The City reserves the right to purchase from any source or sources any desired
products or services relating to this request for proposals.
I. Incomplete Proposals
Failure to fully provide the requested information under Subsection 4(F)(iii),
submit required documents, or follow any of the listed conditions in this RFP may
result in the proposal being disqualified. Such disqualification is at the sole
discretion of the City, consistent with the purchasing ordinance and in the best
interest of the City. Minor irregularities of the proposal may be waived at the
discretion of the City.
J. Right to Reject Any or All Proposals
The City reserves the right to reject any or all proposals, to waive technicalities or
formalities, and to accept any proposal deemed to be in the best interest of the
City. Where two or more proposals are deemed equal, the City reserves the right
to make the award to one of the two bidders.
K. Withdrawal of Proposals
Proposals may be withdrawn any time before the proposal Due Date through U3P.
Proposals cannot be changed or withdrawn after the Proposal Due Date.
L. Proposal Validity Period
Submission of a proposal will signify the bidder’s agreement that the proposal is
valid for 180 days from the Proposal Due Date specified in Section 4(F)(i).
Proposals should stipulate the expiration date of their quoted proposal.
M. Firm Prices-Price Guarantee
It is the City’s policy to obtain goods and services of the highest quality for the
lowest cost from the most qualified vendor. Prices quoted shall be firm prices and
not subject to increase during the term of a contractual agreement arising between
the City and bidder as a result of said proposal, except as explicitly stated. Quoted
prices must include any applicable federal or state tax.
N. Expenses of Proposal Preparation
Each proposal prepared in response to this RFP shall be made at the sole cost and
expense of each proposing firm and with the express understanding that no claims
against the City for reimbursement will be accepted.
O. Public Records and Ownership of Submitted Materials
All proposals, inquiries, or correspondence related to or in reference to this
request for proposals, and all reports, charts, displays, schedules, exhibits, and
other documentation submitted by the bidder will become the property of Midvale
City when received.
Midvale City is subject to the Government Records Access and Management Act
(Utah Code Ann. §§ 63G-2-101 et seq.). Any documents collected under this RFP
may be subject to public access. If a bidder believes any information should be
held confidential under Utah Code Ann. §§ 63G-2-305(1) or (2), the bidder
must clearly identify that information, submit a written claim of business
confidentiality for that particular information, and include a concise, specific
statement of the reasons supporting the claim of confidentiality pursuant to
Utah Code Ann. § 63G-2-309(1). Bidders recognize that Midvale, as a
government entity subject to the Government Records Access and
Management Act, cannot guarantee the confidentiality of any submitted
information.
P. No Collusion
By submitting a proposal, the prospective bidder certifies that its submission is
not the result of collusion or any other activity that would tend to, directly or
indirectly, influence the selection process. The proposal will be used to determine
the prospective bidder’s capability or rendering the services provided.
Q. Conflict of Interest
i. Employment
By submitting a proposal, each bidder represents and warrants that none of
its officers, employees, or immediate family members of its officers or
employees is or has been an elected official, employee, board member,
commission member, or agent of the City or its affiliates who influences
the City’s procurement process. This includes, but is not limited to,
anyone involved in the City’s drafting of procurement and project
documents or the City’s selection of a proposal.
ii. Compensation
By submitting a proposal, each bidder represents and warrants it has not
provided any compensation or gift in any form, above that which is
allowed by State or City code, whether directly or indirectly, to an elected
official, employee, board member, commission member, or agent of the
City or its affiliates who influences the City’s procurement process. This
includes, but is not limited to, anyone involved in the City’s drafting of the
procurement and project documents or the City’s selection of a proposal.
5. AGREEMENT
A. Agreement
The selected bidder will be required to enter into the attached written agreement
with the City. A sample of this agreement can be found in Exhibit C. Bidders are
expected to review the contract, and, by submitting a proposal, bidders warrant to
the City that they are willing to execute the contract if selected by the City. Any
proposed changes to the contract must be submitted prior to the deadline for
questions. The City reserves the right to modify the contract at any time prior to the
contract’s execution. The City does not anticipate making any substantive changes.
It anticipates that if any changes are made, they will be made to facilitate an
efficient implementation of the selected proposal.
B. Inclusion of Proposal
The proposal submitted in response to this RFP may be incorporated as part of the
final contract with the selected bidder.
C. Insurance and Bond Requirements
General liability, automobile, professional liability, and workers’ compensation
insurance is required. The selected bidder must retain, at a minimum, the
following insurance coverages for the term of the contract:
i. Commercial General Liability: $2,000,000.00 combined single limit per
occurrence and $3,000,000.00 aggregate.
ii. Automotive Liability: $2,000,000.00 combined single limit and
$4,000,000 aggregate.
iii. Worker’s Compensation Insurance (Part A) at Utah’s statutory limits.
Employer’s Liability Insurance (Part B) in the amount of at least
$1,000,000 for each accident, disease, and employee.
The contractor must submit certificates of insurance listing the City as an
additional insured prior to the Agreement being executed.
Written notice of cancellation or material changes in coverage must be provided
to the City at least 30 days prior to the cancellation or change.
The contractor selected by the City will be required to post a performance bond in
the amount of $1,000,000 to ensure the contractor’s performance and fulfillment
of contractual obligations.
D. Independent Contractor
The successful bidder for these services shall perform the services as an
independent contractor and not as an employee of the City.
E. Subcontractors
The required services under the awarded contract shall be specific and shall not be
subcontracted to any other person or entity and no rights entered into by
agreement with the City shall be assigned, nor any duty delegated by successful
bidder to another party.
6. FEDERAL, STATE AND LOCAL LAWS
The selected bidder will be required to comply with all applicable laws, regulations,
codes, standards, and ordinances during term of the awarded contract including the
following:
i. Discrimination
Bidder may not discriminate against any individual because of race, color, sex,
age, religion, national origin, disability, pregnancy, familial status, veteran status,
genetic information, sexual orientation, or gender identity. Bidder may not use
these characteristics in considering employment, selection of training, promotion,
transfer, recruitment, rates or pay, or other forms of compensation, demotion, or
separation decisions.
ii. Status Verification System
Under the Utah Immigration Accountability and Enforcement Act, Utah Code
Ann. §§ 63G-12-101 et seq., any entity contracting with a public employer is
required to certify that it participates in the Status Verification System and
complies with the Act. Proof of participation is required prior to the execution of
the Agreement.
iii. Boycotts
Pursuant to Utah Code Ann. § 63G-27-201, bidder must certify that bidder is not
currently engaged in an economic boycott, as defined in Utah Code Ann. § 63G-
27-102(5), or a boycott of the State of Israel. Bidder may not engage in a boycott
of the State of Israel for the duration of the agreement. Bidder must notify the
City in writing if it begins engaging in an economic boycott during the term of the
agreement, which may be grounds for termination of the agreement. Certification
is required prior to the execution of the Agreement.
EXHIBIT A: CITY FACILITY INFORMATION
Facility/Site
Address
Type
Qty
Frequency
Midvale City Park
425 W 6Th Ave
96 Gallon Cart Trash -
Sideload
26
2x per week
Midvale Community Center
350 W Park St
96 Gallon Cart Trash -
Sideload
2
2x per week
Public Works Shop
8196 S Main St
96 Gallon Cart Trash -
Sideload
6
1x per week
Public Works Roll-offs
8196 S Main St
30 Yard Open Top Trash
2
On Call
Midvale City Cemetery
471 W 6Th Ave
96 Gallon Cart Trash -
Sideload
6
2x per week
Performing Arts Center
697 W Center St
96 Gallon Cart Trash -
Sideload
3
2x per week
Midvale Park & Ride
7230 S Catalpa St
96 Gallon Cart Trash -
Sideload
2
2x per week
Midvale City Park Field
7800 S Chapel St
96 Gallon Cart Trash -
Sideload
2
2x per week
Midvale City Hall
7505 S Holden St
4 Yard Front Load Trash
Service
1
2x per week
Midvale City Hall
7505 S Holden St
4 Yard Front Load Recycle
service
1
2x per week
Midvale Chapel Street Park
7720 S Chapel St
96 Gallon Cart Trash -
Sideload
6
2x per week
Midvale Splash Pad - Park
Chapel St & 2nd
Ave
96 Gallon Cart Trash -
Sideload
13
1x per week
Bingham Junction Park
6980 S River
Reserve Ct
96 Gallon Cart Trash -
Sideload
2
1x per week
Adams Street Park
8200 S Adam St
96 Gallon Cart Trash -
Sideload
8
1x per week
Midvale City Glass
7688 S Holden St
30 Yard Closed Top
1
1x per
month
Midvale Art House
7697 S Main St
96 Gallon Cart Trash -
Sideload
8
1x per week
EXHIBIT B: CITY MAP
Page 22 | 22
EXHIBIT C
Contractor’s Proposal
■■
MIDVALE
CITY
Request
for
Proposal
Solid Waste Curbside Services
7505 South Holden Street
Midvale, UT
84047
1
1
Table of Contents
TAB I. STATEMENT OF QUALIFICATIONS ....................................................................................... 2
About ACE ..................................................................................................................................... 2
TAB II. PROPOSED APPROACH TO PROJECT .................................................................................. 4
A. Detailed Plan of Operation .................................................................................................... 4
a. Map of Routes ........................................................................................................... 4
b. Rollout ....................................................................................................................... 4
c. Pickup Schedules ....................................................................................................... 5
d. Customer Service ....................................................................................................... 7
e. Optional Services ....................................................................................................... 8
B. Equipment List & Maintenance Procedures ......................................................................... 9
C. What Else Can ACE Do for Midvale City? .............................................................................. 9
TAB III. QUALIFICATIONS .............................................................................................................. 11
A. Experience ........................................................................................................................... 11
B. Key Personnel ...................................................................................................................... 12
C. Subcontractors .................................................................................................................... 15
D. Additional Knowledge/Skills ................................................................................................ 15
TAB IV. REFERENCES ............................................................................................................ 15
TAB V. COST PROPOSAL ............................................................................................................... 17
A. Pricing Breakdown Trans-Jordan Versus Sandy Transfer Station ...................................... 17
B. Recycle Cost Sharing ............................................................................................................ 18
C. Business License & Insurance Certificate ............................................................................ 19
D. Cost of Living Increase ......................................................................................................... 19
E. Signed Certification of Proposal .......................................................................................... 19
ATTACHMENTS ............................................................................................................................. 20
2
2
I. STATEMENT OF QUALIFICATIONS
December 23, 2024
Glen Kennedy,
7505 South Holden Street
Midvale, Utah 84047
Dear Mr. Kennedy,
ACE Recycling & Disposal is pleased to present our proposal to continue providing solid waste
and recycling services for Midvale City. ACE Has served Midvale City for the last 20+ years and
has become a pivotal partner with Midvale City. Delivering exceptional service and making sure
at the end of each day that every resident has their trash and recycling serviced in an efficient
and responsible manner. ACE is a local, family-owned independent hauler providing waste
collection services for 44 years. We have grown to become the largest independent waste and
recycle hauler in the Intermountain West. ACE currently serves 4 of the 7 Trans-Jordan cities,
and ACE serves 18 municipalities total along the Wasatch Front along with thousands of
commercial customers. To serve our customers as efficiently as possible, we have 4 regional
facilities located from Clearfield to Pleasant Grove.
As you evaluate these proposals, please consider the following advantages of selecting ACE:
Modern Regional Facilities. To serve our growing customer base, in addition to our company
headquarters in West Valley City, ACE operates several regional service facilities. We will
service Midvale City from our West Valley facility located at 2274 S. Technology Dr.
Customer service is a crucial part of any contract. Our customer service department is located
right here in our West Valley City headquarters. All calls are answered by a live person, 24/7.
Our customer service representatives are highly trained and empowered to resolve many issues
over the phone. We provide monthly reports to each City that list the number of calls, reason
for the call and the resolution of any issues.
ACE has been a leader in helping to improve our environment. We were the first waste
company in Utah to utilize CNG trucks and currently operate 162 CNG powered trucks. Our
3
3
company headquarters in West Valley utilizes a geothermal pump to heat and cool the building
and the grounds are xeriscaped to minimize water consumption. We are also proud to
announce that ACE has taken delivery of the FIRST class 8 fully electric refuse collection truck
in the state of Utah. We have plans to purchase more electric refuse trucks in the future. At
ACE, we don’t just talk about improving the environment, we do something about it!
Most important of all, ACE is a great place to work. We are proud to be a local, family-owned
company that employs over 430 local drivers, mechanics, clerical and administrative personnel
who utilize the latest technology and equipment to deliver first-class service to our customers.
ACE is proud to be named a “Best Place to Work” by the Salt Lake Tribune for seven of the last
eight years.
ACE is owned and operated by the Stalsberg family. The company has an excellent credit
rating, and a financial statement can be provided upon request. Our Dunn and Bradstreet
number is 097768089. Please feel free to check our rating score.
ACE will be prepared and able to provide the $1,000,000 performance bond required for this
contract.
ACE continues to grow our business each year and we have not experienced any negative
developments in the past 44 years. We are firmly entrenched as the largest and most
successful family owned, independent, waste and recycle hauler in the Intermountain West.
The following individuals will be the primary contacts for this proposal:
Zachary Buhler, Sales Manager, (801) 953-2265, zach@acedisposal.com
Dawn Beagley, Government Sales Director, (801) 652-8946, dawnb@acedisposal.com
As the sales manager of ACE, I am authorized to contractually bind ACE. This offer is valid for
180 days after the December 23, 2024, submittal deadline.
Sincerely,
Zachary Buhler, Sales Manager
ACE Recycling & Disposal
4
II. PROPOSED APPROACH TO PROJECT
A. DETAILED PLAN OF OPERATION
ROLLOUT
Since ACE is already providing the service to Midvale City, there will be no transition and no
headaches for the residents and the city. This is a huge advantage to the city and is
something to consider during the evaluation process.
If ACE is awarded the opportunity to continue servicing the city of Midvale, we would utilize
three trucks to service the city. All containers would be placed on the curb by 7:00 a.m. on their
day of service. The entire city of Midvale would have their trash containers serviced on a weekly
4
4
Thursday
Trash Weekly
Recycle Yellow Week
Wednesday
Trash Weekly
Recycle Blue Week
Tuesday
Trash Weekly
Recycle Blue Week
fort
n
Monday
Trash Weekly
Recycle Yellow Week
Monday
Trash Weekly
Recycle Blue Week
8600South
5
5
basis. The recycling containers will be serviced on a bi-weekly basis with those containers being
placed on the curb by 7:00 a.m. on their scheduled day of service. ACE offers bulk waste
pickup, and a neighborhood dumpster program, as supplemental services to ensure all needs
are met.
PICKUP
TRASH COLLECTION (Using Trans-Jordan Landfill)
ACE plans to start collecting trash containers in Midvale at 7:00 a.m., using two trucks. Both
trucks will pack out around 10:00 a.m., and head to the Trans-Jordan Landfill to get empty. Both
trucks should be empty and back in Midvale for their second load by 11:30 a.m. ACE plans on
both trucks once again packing out around 1:30 p.m. and then heading back to Trans-Jordan
Landfill to get empty. One truck will come back for a third and final load, starting at about 2:35
p.m. After checking in with dispatch to ensure that all scheduled services are completed, we
plan to be out of Midvale every day by 4:30 p.m. for trash.
TRASH COLLECTION (Using Sandy Transfer Station)
ACE plans to start collecting trash containers in Midvale at 7:00 a.m. using two trucks. Both
trucks will pack out around 10:00 a.m., and head to the Sandy Transfer Station to get empty.
Both trucks should be empty and back in Midvale for their second load by 10:30 a.m. ACE plans
on both trucks once again packing out around 12:30 p.m. and then heading back to Sandy
Transfer Station to get empty. One truck will come back for a third and final load, starting at
about 1:00 p.m. After checking in with dispatch to ensure that all scheduled services are
completed, we plan to be out of Midvale every day by 3:00 p.m. for trash.
RECYCLING COLLECTION
ACE plans on collecting recycle containers in Midvale at 7:00 a.m. every day. Recycling services
will be scheduled on a Bi-weekly schedule, using the same method we currently have in place,
unless altered upon conversations with the city of Midvale. We will use one truck for all
scheduled recycling containers every day. We plan on packing out around 11:30 a.m. for our
first load and heading to Rocky Mountain Recycling for processing and offloading. The same
truck would be back in the city of Midvale to start recycling collection on its second load
beginning at about 12:30 p.m. After checking in with dispatch to ensure that all scheduled
services are completed, we plan to be out of Midvale every day by 2:00 p.m. for recycle.
6
6
CURBSIDE BULK WASTE PICKUP
ACE would plan on continuing the currently scheduled pick-up of all bulk waste items that
comply within a two-week period as done previously, or as suggested through conversation and
agreement with the city of Midvale. We would use one Rear Load truck to collect bulky waste
items. We would set two days for every one service day to collect items on each day Monday
through Thursday taking two weeks to service all the bulk waste items in the city.
It is important to note that ACE is the only hauler that will be able to provide the bulk waste
pickup program as it is currently serviced and that should be taken into consideration when
evaluating this proposal.
UNFORSEEN EVENTS PLAN
ACE prides itself on its numerous years of driver’s experience and communication skills from
our residents to the drivers, and from our dispatch and customer service to the city of Midvale.
In the case of severe weather, we will make every effort to safely service the city of Midvale,
which may include having services halted for a certain amount of time/hours to see if weather
conditions improve. If it is necessary to discontinue service on any day due to severe weather
conditions impacting the safety of ACE’s drivers and the residents of Midvale; ACE would
ensure that clear lines of communication are established with the city of Midvale, and we
would have a one-day delayed service take place to be able to service all scheduled residents
within the same week.
In the event of equipment failures in the city of Midvale, ACE would pull together its resources
and make the proper adjustments necessary to ensure that we are able to safely and effectively
fulfill our commitments to Midvale every day. This would include but not be limited to bringing
in additional trucks to help and staying later than planned to be able to finish our scheduled
services. Any delay in service will be communicated in a timely manner as well as an update
once all services are completed.
RESIDENTIAL CAN MAINTENANCE
Since ACE already owns and maintains all of Midvale City’s carts, we have a proven track record
of being thorough and concise on our can maintenance program. ACE has a proven automated
cart management program which allows us to handle cart distribution, maintenance, and
replacement as efficiently as possible. Our cart management program is currently utilized in
Eagle Mountain, Alpine, South Salt Lake, Centerville and of course Midvale, as well as numerous
private residential communities.
7
7
We recognize the importance of cart management. All deliveries, removals and repairs will be
done in a timely and complete manner. Monthly reports will keep the city current with all
actions. All calls will be taken by our customer service department and confirmation reporting
could be provided as necessary.
CUSTOMER SERVICE
ACE is proud to offer customer service that
consistently exceeds customers’ expectations.
We are committed to providing all our services
in a safe, dependable, and responsive manner.
Our customer service phone number is: 801-
363-9995.
Our ability to respond to service issues and
complaints starts with all telephone calls being
answered by a live customer service
representative. During normal business hours,
which are 7:00 a.m. to 5:00 p.m., Monday
through Friday, calls are answered by our
onsite customer service representatives. For after-hours customer service, calls are answered
by an external answering service. We never use automated phone answering systems.
Our customer service representatives are highly trained and are quick to assess a situation and
resolve it on the spot. After-hours calls are logged into our system where they are reviewed at
7:00 a.m. the next day. Customer account changes will be made at the direction of City
personnel. Missed cans and customer complaints shall be resolved on the same day (when
possible) and no later than the next business day.
Our customer service center is in our corporate headquarters: 2274 S. Technology Dr., West
Valley, Utah. This facility is equipped with the latest technology for immediate access to
customer service information and direct communication with our dispatch center and drivers.
Service complaints are permanently logged with the customer’s name, address, telephone
number, nature of the complaint and details of the resolution. ACE drivers utilize a hands-free
communication system to allow our collection vehicles to easily contact the main office and
dispatch center. Our drivers are equipped with tablets that can take pictures of any unusual
problems, then email the photo with an audio explanation of the problem to anyone at the City
or ACE. Each municipality served by ACE has two dedicated account representatives. These
individuals can be contacted at any time, and they will maintain an open line of
communication with the city by phone, email and in-person visits when needed.
8
8
OPTIONAL SERVICES
DOCUMENT DESTRUCTION/ELECTRONIC WASTE RECYCLING
ACE would perform both services on the same day. We currently offer this program to Midvale
City once per year.
MIXED GLASS RECYCLING
ACE will be able to provide a covered roll-off container to service Midvale City’s mixed glass
recycling needs.
SPECIAL EVENTS
ACE works with all its municipal customers to ensure any city celebrations or special events are
easily serviced. We can provide additional containers, special weekend dumps, secured storage
bins and more to make your event a success.
NEIGHBORHOOD DUMPSTER PROGRAM
ACE also offers a supplemental neighborhood dumpster program which includes providing an
agreed-to, number of 20 or 30-cubic yard roll off dumpsters. These are designated solely for the
city’s residents to be able to save trips to the landfill, and space in their containers when it
comes to spring cleaning, home cleaning, etc.
This operational plan outlines the services that ACE plans to provide to Midvale City. Options
and suggestions will always be considered to make each service better.
Every city has a different operational plan because services, engineering, weather, terrain, etc.,
all play a role in keeping your waste collection safe and efficient. ACE Disposal’s goal is to
provide your city with safe, affordable, quality service despite any challenges or obstacles we
may encounter. Our number one goal with any service we provide is safety first. We have
been operating in the Wasatch Front conditions for 44 years and are very confident with our
drivers and their training.
9
9
B. EQUIPMENT LIST AND MAINTENANCE PROCEDURES
EQUIPMENT LIST
TRUCK #
YEAR
MODEL
FUEL
423
2019
Peterbilt
CNG
4038
2023
Peterbilt
CNG
4060
2024
Peterbilt
DIESEL
MAINTENANCE/BREAKDOWN PROCEDURES
Currently ACE Disposal is on an eight-year turnaround on equipment. What this means is we
replace equipment every eight years. As our trucks get older the possibilities for breaking down
increase. As breakdowns are common in our industry, making sure we clean up our oils and
debris that may be left from a repair job done on the side of the road are important to ACE. We
currently have two pressure washing trailers available for cleanup and a street sweeper
modified to fit our needs when cleaning oils and floor dry. By having a street sweeper and
pressure washing trailer available we can remedy certain situations quicker, and we don’t have
to rely on an outside vendor which saves us time and gets our community streets back to
working order hours sooner.
C. WHAT ELSE CAN ACE DO FOR MIDVALE CITY?
NEIGHBORHOOD WASTE WATCH
Our drivers are trained to notice any suspicious activity in the communities we service. Our
drivers report anything that may be out of the ordinary to dispatch, and if the situation calls for
it, the local authorities. Our drivers are on these streets every week and notice things such as
increased foot traffic in certain areas you would not normally see a lot of people in, and new
vehicles parked in/along streets that aren’t normally parked there. The drivers are asked to
document any suspicious activity they notice on route and report any acts of violence or
damage to private property.
10
10
SPECIAL ASSISTANCE
ACE offers a curbside service to residents who
cannot physically place their containers on the curb
for collection. Our drivers will retrieve, dump, and
return the containers to the original location. For a
resident to be put on assisted services, they would
need to contact the City, the City would provide us
with a list of homes in need of this service. This
service is offered at no additional charge.
ELECTRIC GARBAGE TRUCKS
With the first class eight refuse collection truck in the state of Utah, ACE is fully invested in
Utah’s future, and we would like to discuss options in the of running electric trucks in your city.
We know as well as you do that with Utah’s poor air quality, reducing tailpipe emissions is
essential to better our air quality.
REPORTS
In addition to any mandatory reports as part of this RFP, ACE is fully committed to making sure
Midvale City has all the data and information that we have. You currently receive customized
reports for your city on all your recycling data and what contamination levels your city has and
what items they are recycling. We also already provide monthly reports of your tonnage,
deliveries, removals, swaps, resident complaints, etc. Any reports that we don’t currently
provide that the City needs, ACE will be happy to provide.
11
11
III. QUALIFICATIONS
A. EXPERIENCE
COMPANY OVERVIEW
ACE Recycling & Disposal, Inc. is a family-
owned enterprise founded in 1980 in Salt
Lake City, Utah. Our company
headquarters are located at 2274 South
Technology Dr., West Valley City, Utah.
ACE began with a single truck and has
grown to become the largest
independent waste hauler in the
Intermountain West. Although our
business has grown significantly, we have
not sacrificed our quality of service and
continue to put customer satisfaction
first.
At ACE, we understand that good customer service begins with satisfied employees. We put in a
lot of effort to ensure that our employees are heard, treated with respect, and are in a safe and
enjoyable work environment. Although we have moved beyond our humble beginnings, every
employee continues to be on a first name basis with ACE’s owners. We are the proud recipient
of the Salt Lake Tribune’s 2023 Top Workplaces, for the seventh time in the Midsize Company
category. We believe these awards speak volumes about the companies who win them, and the
way they treat their employees and their customers.
We have been providing trash, recycling, and green waste services to public and private
customers for 44 years along the Wasatch Front. ACE currently employs over 430 full-time
employees. Our employees service thousands of commercial and industrial accounts every day,
as well as 18 municipalities, 8 school districts, Utah State Prison, and the University of Utah.
The company’s officers are:
Lon Stalsberg Chairman of the Board
Matt Stalsberg President
12
12
B. KEY PERSONNEL
KEY STAFF MEMBERS
ACE Recycling & Disposal
Headquarters: 2274 South Technology Drive, West Valley City, UT
Phone: 801-363-9995
Executive Leadership
Lon Stalsberg
Chairman of the Board
Lon is the founder and owner of ACE Recycling & Disposal. With a Bachelor of Science Degree in
Civil Engineering from Washington State University, Lon began his career as a civil engineer
before establishing ACE. His vision and leadership have driven the company’s growth into a
trusted provider of waste and recycling services throughout Utah and Wyoming.
Matt Stalsberg
President
Matt has dedicated 24 years to ACE, where he oversees all aspects of the company’s daily
operations. A graduate of the Huntsman School of Business at Utah State University, Matt’s
leadership ensures that ACE continues to thrive, providing reliable services and maintaining its
reputation for excellence in the industry.
Operations Leadership
Isaac Leituala
General Manager
Isaac has been with ACE for 17 years and brings over 22 years of experience in the Utah waste
industry. He specializes in route analysis, development, and implementation for both
commercial and residential services. As General Manager, Isaac oversees operations, including
drivers, mechanics, and safety personnel, ensuring smooth and efficient service delivery.
13
13
Pat Frehner
Maintenance Manager
With 34 years at ACE and 37 years as a heavy-duty mechanic, Pat leads the maintenance team
in keeping all equipment in top condition. He manages repairs and maintenance across ACE’s
multiple shops in Utah and Wyoming, ensuring the fleet and equipment meet the company’s
high operational standards.
Siua Falepapalangi
Operations Manager
Siua has worked for ACE for 7 years, leveraging his extensive experience in the waste industry
to manage operational efficiency. He oversees facility supervisors, coordinates driver training
programs, and ensures the workforce and equipment are optimized to meet ACE’s service
commitments. Siua is also involved in route planning and implementation for commercial and
residential accounts.
Mary Collins
Safety Manager
Mary has spent 17 years at ACE, including 11 years leading the safety department. She is
responsible for the company’s safety training programs, investigating incidents, managing
insurance claims, and conducting safety meetings. Mary’s dedication ensures that ACE
maintains a strong culture of safety and compliance.
Technology & Financial Leadership
Adam Williams
MIS Manager & Special Projects
Adam has been with ACE for 10 years, spearheading efforts to integrate advanced technology
and maintain cybersecurity. His work ensures the company operates safely, efficiently, and
innovatively. Adam also leads special projects that support ACE’s ongoing operational growth.
Steve Wyatt
Controller
Steve has been the Controller at ACE for 8 years. Before joining the company, he ran his own
accounting firm for 40 years, managing financial statements and tax returns for ACE’s owners. A
Certified Public Accountant since 1984, Steve oversees ACE’s financial health, ensuring
compliance and providing valuable financial insights.
14
14
Administrative Leadership
Lorrisa Riggs
Office Manager
Lorrisa has been with ACE for 25 years, beginning as a receptionist before advancing to sales
support and account retention. Promoted to Office Manager in 2014, she now oversees
customer service, accounts payable, and accounts receivable. Lorrisa plays a key role in
ensuring smooth office operations and exceptional client service.
Sales & Client Relations Leadership
Zachary Buhler
Sales Manager
Zach has been with ACE for 10 years and leads the sales team, managing all commercial and
government accounts. He is also responsible for all marketing and advertising initiatives,
helping to grow ACE’s brand and client base. Zach serves as one of the primary representatives
for Midvale City, providing dedicated and responsive customer service.
• Email: zach@acedisposal.com
• Phone: 801-953-2265
Dawn Beagley
Government Sales Director
Dawn has 24 years of experience in sales with ACE, specializing in municipal accounts. Known as
the “Face of ACE Recycling & Disposal” by many clients, Dawn’s exceptional customer service
ensures client concerns are resolved quickly and professionally. She will also serve as one of the
primary representatives for Midvale City, fostering strong partnerships and seamless
communication.
• Email: dawnb@acedisposal.com
• Phone: 801-652-8946
15
15
C. SUBCONTRACTORS
ACE will partner with Rocky Mountain Recycling to process all recycled material. Rocky
Mountain is the largest recycling material processor in the intermountain west. Their state-of-
the-art facility is in Salt Lake City. We are confident that they will continue to be an excellent
partner to process all of Midvale City’s recyclables. Jana is our main contact over there and her
contact information is below:
Jana Buchi
801.931.4182
Jana.buchi@rockymountainrecycling.com
D. ADDITIONAL KNOWLEDGE/SKILLS
ACE has always excelled in customer service and dependability in our industry. ACE is the only
major player in the Utah market that has always kept their customer service in-house, local,
and every phone call is always answered by a live person 24/7.
ACE understands that in the waste and recycling industry it’s a messy/dirty job, we are not
perfect, but we believe it’s all about how we respond when issues arise. We are confident that
nobody has a better personal response than we do in our market.
IV. REFERENCES
MUNICIPAL REFERENCES
South Jordan City
ACE has been providing automated trash pick-up and recycle services for South Jordan City
since 2014. Our service in South Jordan City has increased by over 30% since the beginning of
our contract.
Municipal Contact:
Rawlins Thacker
(801) 618-6680
•
16
16
Murray City
ACE has been servicing (on our newest contract) the trash and recycle services for Murray City
since 2015. ACE handles over 8,000 homes each month for the city of Murray.
Municipal Contact:
Russ Kakala
801-270-2442
West Jordan City
ACE has served West Jordan City since 1986. During this time, the city has experienced
tremendous growth. We currently collect trash, recycle, and green waste from over 26,000
homes each month.
Municipal Contact:
Brian Clegg
801-569-5118
West Valley City
ACE was awarded a new contract to provide solid waste services in 2018. Services include trash
and recycle collection, monthly bulky waste collection as well as a neighborhood clean-up
service that utilizes 30-yard roll-off containers. ACE has serviced West Valley City a total of 11
years between two different times having them as a partner. ACE also negotiated a contract to
dispose of all City solid waste at Intermountain Regional Landfill, located in Fairfield. This
resulted in significant savings for the City.
Municipal Contact:
Dan Johnson
801-965-7452
~
WEST
JO
~
AN
17
17
V. COST PROPOSAL
A. PRICING BREAKDOWN TRANS-JORDAN VERSUS SANDY
TRANSFER STATION
For Waste Delivered to the Trans-Jordan Landfill
Curbside Services
1st Can
Additional Can
Mixed Waste Container Per Month
$7.60
$5.51
Recycle Container Per Month
$3.78
$3.78
Large Containers/Bulk Event
Cost Per Container, Per Account/Event
Curbside Bulk Event
$4.93 per home per event
Neighborhood Dumpsters
$250.00 per haul
Glass Recycle Roll-Off
$250.00 per haul
City Facility Dumpsters
$195.00 per month per dumpster
City Facility Containers (Carts)
$10.00 per month for each cart at 2x per week
and $5.51 per month for each cart at 1x per week
E-waste and Shredding
Free Shredding 1 event per year, E-Waste =
price per ton of E-Waste charged by Tams
Solutions
Additional events
will be billed at
$150.00 per hour
Emergency/Disaster Services
Rates for Emergency/Disaster Services
Cost Per Hour
$180.00
18
18
For Waste Delivered to the Sandy Transfer Station
Curbside Services
1st Can
Additional Can
Mixed Waste Container Per Month
$6.32
$5.25
Recycle Container Per Month
$3.78
$3.78
Large Containers/Bulk Event
Cost Per Container, Per Account/Event
Curbside Bulk Event
$4.93 per home per event
Neighborhood Dumpsters
$200.00 per haul
Glass Recycle Roll-Off
$250.00 per haul
City Facility Dumpsters
$195.00 per month per dumpster
City Facility Containers (Carts)
$10.00 per month for each cart at 2x per week
and $5.25 per month for each cart at 1x per week
E-waste and Shredding
Free Shredding 1 event per year, E-Waste =
price per ton of E-Waste charged by Tams
Solutions
Additional events
will be billed at
$150.00 per hour
Emergency/Disaster Services
Rates for Emergency/Disaster Services
Cost Per Hour
$180.00 per hour
Recycle Rates and Cost Sharing Options
Option # 1
ACE could continue doing a 50/50 cost sharing program with the
city of Midvale. This has equated to $160,000 paid by Midvale City
over the last 8 years since the program began. This is an average of
$1,666.67 per month. This program allows more of a partnership
between the City and ACE when the market is good and when the
market is bad.
Option # 2
As a secondary option to the City, ACE could offer to cover all of
the recycle costs, and instead would put $0.26 more per container
on each recycle container (Example: $3.78 + $0.26 = $4.04 x 6,341
(carts) = $1,648.66 per month) to cover the average $1,666.67 per
month. This option would allow a more fixed rate every month for
the City.
I
19
19
B. RECYCLE COST SHARING
See options 1 & 2 listed in the cost proposal for different options regarding recycle cost sharing.
Ultimately, ACE is looking for the best solution for Midvale City, and to do so that is why we are
giving two different options on what to do with those services. Over the years ACE has
evaluated the two different recycling processors in our community, and ultimately time and
time again Rocky Mountain Recycling ends up being more cost effective and provides better
reporting to the cities that we service.
C. BUSINESS LICENSE AND INSURANCE CERTIFICATE
We have listed our business license and proof of insurance certificate at the end of this
document. ACE has different insurance than what is listed in the RFP, but ACE’s excess liability
of $5,000,000 per occurrence and $5,000,000 aggregate will cover everything listed in the RFP.
ACE can put the City in touch with our insurance company to answer further questions on this.
D. COST OF LIVING INCREASE
After year one of the contract an annual Cost of Living Adjustment applies, utilizing the U.S.
Bureau of Labor Statistics, West Region, or another mutually agreed upon index
(https://www.bls.gov/regions/west/news-release/consumerpriceindex_west.htm).
E. SIGNED CERTIFICATION OF PROPOSAL
By submitting this proposal, I certify that I have read through the RFP documents, including the
proposed contract and that I am willing to abide by the conditions outlined in the RFP and the
proposed contract, including provisions regarding insurance coverage required, with the
following exceptions: ______________________________________. Authorized Signature of
Bidder: ______________________________ Printed Name and Title:
_____________________________________ Date: ________________
Zachary Buhler Sales Manager
12/23/2024
BUSINESS LICENSE
CERTIFICATE
License Number: 151263
Effective Date: 07/01/2024
Expiration Date: 06/30/2025
Business Name:
Business Type:
Emps: 250
ACE DISPOSAL INC
Industrial, Light
Yeh: 0
Business
Owner
ACE
DISPOSAL
INC
POBOX2608
SALT
LAKE
CITY, UT84110-2608
TO
BE
POSTED
IN
A
CONSPICUOUS
PlACE
NOT
TRANSFERABLE
,f
WEST
VALLEY
CITY
3600
Constitution
Blvd.,
West
Valley
City,
UT
84119
Financie
Dept.
•
Business
Services
Division
(801)
963-3290
Busines"S
Addres
.
s:
2274
S
TECHNOLOGY
DR
WEST
VALLEY
CITY, UT
84119
F:ee{sl fafd: $2,610.00
(2"?/.eA.
B'i'
~ liceMe
Officer
AE!:?,RD
8
CERTIFICATE
OF
LIABILITY
INSURANCE
I
DATE
(IIMIDDIYYYY)
7/312024
,..........._,
THIS
CERTIFICATE
IS
ISSUED
AS
A
MATTER
OF
INFORMATION
ONLY AND
CONFERS
NO
RIGHTS
UPON
THE
CERTIFICATE
HOLDER.
THIS
CERTIFICATE
DOES
NOT
AFFIRMATIVELY
OR
NEGATIVELY
AMEND,
EXTEND
OR
ALTER
THE
COVERAGE
AFFORDED
BY
THE
POLICIES
BELOW.
THIS
CERTIFICATE
OF
INSURANCE
DOES
NOT
CONSTITUTE
A
CONTRACT
BETWEEN
THE
ISSUING
INSURER(S),
AUTHORIZED
REPRESENTATIVE
OR
PRODUCER,
AND
THE
CERTIFICATE
HOLDER.
IMPORTANT:
If the certificate holder la an ADDITIONAL
INSURED,
the pollcy(lea) must have
AD
DITIONAL
INSURED
provisions
or
be endoraad.
If
SUBROGATION
IS
WAIVED,
subject to the t8'm8 and conditions ot the policy, certain policies may require an endorsement. A etatement
on
this
certlllcate
does
not
confer
rl
a
hts
to
the
cerllllcate
holder
In
lieu
of
such
endoraamen
t(
al.
PRODUCER
:m::t."'
Vicki
Vandeibe
ra
Arthur
J.
Ga=la
her
Risk
Management
Services,
LLC
~
!.
c
.....
805-545-8206
I
F~
....
,,
805-545-8224
419
Flint
l~
~
....
. Vicki
Vanderbe
ra@
a
la.
com
Reno
NV
89501
INSUREII
ISl
AFFORDINQ
C0VEIIAGI!
NAICI
INSURER
A:
National
Interstate
Insurance
Com
oanv
32620
INSURED
IHSURERB:
Ace
Dispo8al,
Inc.
INSURERC:
2274
South
Techno~
Road
West
Valley
City,
UT
119
INIIURERD:
INSIJRERE:
IHS
URl!A
F1
.
COVERAGES
CERTIFICATE
NUMBER:
839018288
REVISION
NUMBER:
THIS
16
TO
CERTIFY
THAT
THE
POLICIES
OF
INSURANCE
LISTED
BELOW
HAVE
BEEN
ISSUED
TO
THE
INSURED
NAMED
ABOVE
FOR
THE
POLICY
PEAIOD
INDICATED.
NOTWmlSTANDING
ANY
REQUIREMENT,
TERM
OR OONDmON OF
AJoN
CONTRACT
OR
OTHER
DOCUMENT
WITH
RESPECT
TO
WHICH
THIS
CERTIFICATE
MAY
BE
ISSUED
OR
MAY
PERTAIN,
THE
INSURANCE
AFFORDED
BY
THE
POLICIES
DESCRIBED
HEREIN
IS
SUBJECT
TO
ALL
THE
TERMS,
EXCLUSIONS
AND
CONDITIONS
OF
SUCH
POLICIES.
LIMITS
SHOWN
MAY
HAVE
BEEN
REDUCED
BY
PAID
CLAIMS.
·~
TYPE
OF
INSURANCI!
.....
...
,
........
PO
LI
CY
NUMBER
.-..LIC'f
~•
P
OL
ICY...,.
LIMITS
..
A X
COUIIEACIAL
GEHERALIJABIUTY
WG 8310007
00
7N/2025 7/1/2026
EACti
OCCURRENCE
$1
,000,000
-
=1
CLAIMS-MADE
0
OCCUR
~J9.:,~!!:,~nnol
S100,000
-
MED
EXP
(Any
one
perecn)
$5,000
-
PERSONAL
&
N>V
INJURY
$1
,000,000
GEN'l.
AGGREGATE
LIMIT
APPLIES
PER:
•
GENERAL
AGGREGATE
$2,000,000
~
=
□~
□
LOC
PRODUCTS·
COMP/OP
AGG
SZ,000,000
$
A
AUTOMOBILE
UAIIIUIY
WAR
8310007
09
7N/2024 7/1/2025 •
•-
•
Neu
~•NGL.E
LJMfl S1,000,000
IE••~-•
-X
NIYAUTO
BODILY
INJURY
(Per
peraon)
s
-
OWNED
-
SCHEDULED
AUTOSONLY
~~ED
BODILY
INJURY
(Per
aocldenl)
$
-
HIRED
,__
AUTOSONLY
AUTOS
ONLY
-....:.
.-,-
.
j!
!'~
$
--s
A
UMBIIELLA
LIAS
~
OCCUJ\
WRX
8310007 00 7/1/2024 7/1/2025
EACH
OCCURRENCE
$5,000,000
-X
EXCESSLIAB
CLAIMS-MADE
AGGREGATE
$5,000,000
om I I
RETENTION
s $
WDRKl!RSCOIIPENSA1ION
I
ID:TUTE
I l
~l
tt-
AND
EMPLOYERS'
UABIUTY
y / N
ANYPROPRIETOM'ARTNERIEXECUTIVE
□
NIA
E.L
E'ACH
ACCIDENT
s
0FFICERMEMBEREXCLUDED?
(lllll1dalDrv
In
NH) E.LDISEAS£•EAEMPL
OYEt
$
~
If
~
dllcltbe
~Si)elow
·-
--
-~
..
-. $
--
DE8CRIPT10NOFOPERA1IONSILOCATION81YEHICLE&
(ACORD101,Addlllona1Rema,qkhedule,marllle1111achlldlfmorelpecNll8nlllulradl
Ellldence of
Coverage
Only.
Evidence
of
Coverage
only.
CERTIFICATE HOLDER CANCELLATION
SHOULD
ANY
OF
THE
ABOVE
DESCRIBED
POLICIES
BE
CANCELLED
BEFORE
THE
EXPIRATION
DATE
THEREOF,
NOTICE
WILL
BE
DELIVERED
IN
Ac:s
Disposal
Inc.
ACCORDANCE
WITH
THE
POLICY
PROVISIONS.
POBox2608
Salt
Lake
City
UT
8411
o AU1HORIZEDREP,NTA11VE
USA
~~kf
I
01988-201&
ACORD
CORPORATION.
All
rights
reserved.
ACORD
25 (2016/03) The ACORD name
and
logo
are registered marks of ACORD
MIDVALE CITY COUNCIL SUMMARY REPORT
Meeting Date: February 18, 2025
ITEM TYPE: Discussion
SUBJECT: Discuss Proposed Amendments to the FY2025 General Fund Budget and other funds
as Necessary
SUBMITTED BY: Mariah Hill, Administrative Services Director
SUMMARY:
Staff proposes amendments to the fiscal year 2025 budget for the General Fund, Information
Technology Fund, Fleet Fund, Capital Projects Fund, Water Fund, and Sewer Fund.
General Fund
Revenue and Expense Budget Adjustments $257,538 – Staff has identified several adjustments that
need to be made to the fiscal year 2025 budget, as detailed in the attached document. Below are the
major proposed adjustments greater than $10,000:
• City Attorney – $35,463 – Salaries and benefits for contracted attorney T. Daley
• Human Resources – $20,000 – Recruitment for open positions
• Information Technology – $12,500 – 6-Month part time intern
• Engineering – $51,856 – Salaries and benefits for new City Engineer
• Minor Adjustments – $20,200 – See attached document for details
• Carryovers from FY2024 - $117,519 – See attached document for details
Information Technology Fund
The total requested increase to the Information Technology Fund budget is $42,067. This is a carryover
from FY2024 to purchase infrastructure.
Fleet Fund
The total requested increase to the Fleet Fund budget is $74,000. This includes an increase to the
overtime budget, $20,000 for outside repairs due to a vehicle engine failure, the $29,000 purchase of
a new vehicle for the building official and a carryover of $24,000 for a purchase budgeted in FY2024.
Capital Projects Fund
The total requested increase to the Capital Projects Fund budget is $2,801,312. The entirety of this
amount is for projects that were originally planned for FY2024 but were not completed and are now part
of the FY2025 budget. A detailed list of all projects in this budget amendment is included in the attached
document.
Water Fund
The total requested increase to the Water Fund is $5,264,403, of which $5,000 is an increase in
overtime and the remainder is a carryover of bond proceeds to continue to work on Water Master Plan
projects in FY2025.
Sewer Fund
The requested increase for the Sewer Fund is $1,262,160, of which the entirety is a carryover of bond
proceeds to continue to work on Sewer Master Plan projects in FY2025.
PLAN COMPLIANCE: N/A
FISCAL IMPACT:
General Fund – Increase in budgeted revenues and expenditures of $257,538.
Information Technology Fund – Increase in budgeted revenues and expenditures of $42,067.
Fleet Fund – Increase in budgeted revenues and expenditures of $74,000.
Capital Projects Fund – Increase in budgeted revenues and expenditures of $2,801,312.
Water Fund – Increase in budgeted revenues and expenditures of $5,264,403.
Sewer Fund – Increase in budgeted revenues and expenditures of $1,262,160.
Attachments:
Proposed amendments to the FY2025 budget for the General Fund, Information Technology Fund,
Fleet Fund, Capital Projects Fund, Water Fund, and Sewer Fund.
Midvale City
Proposed Budget Amendment
General Ledger Account Description
FY25 Adopted
Budget
Proposed
Change
FY25 Proposed
Amended Budget Description
General Fund
Revenues
Use of Fund Balance
(3,257,414)
(257,538)
(3,514,952)
Increased use of fund balance
TOTAL RECOMMENDED REVENUE BUDGET ADJUSTMENTS -
GENERAL FUND (3,257,414)$ (257,538)$ (3,514,952)$
Expenditures
City Attorney - Salaries
552,098
28,602
580,700
Contracted Attorney T. Daley (1/3)
City Attorney - Benefits
297,805
6,861
304,666
Contracted Attorney T. Daley (1/3)
City Attorney - Professional Services
70,000
30,000
100,000
Carryover from FY2024
Communications - Professional Services
6,000
9,000
15,000
Carryover from FY2024
Harvest Days - Entertainment
16,000
5,000
21,000
Increased cost for entertainment
Human Resources - Professional Services
4,000
20,000
24,000
Open Position Recruitments
Employee Services - Miscellaneous Supplies
500
12,000
12,500
Carryover from FY2024 - Employee Gifts/Clothing
Recorder - Codification
8,200
6,000
14,200.00
Planned changes to code
Finance - Professional Services
27,600
3,900
31,500
Auditor's creating financial statements
Court - Repairs/Maintenance/Supplies
1,000
2,300
3,300
ADA audio equipment in court room
Information Technology - Salaries
332,449
12,500
344,949
6-Month part time intern
Parks - Overtime
8,200
1,500
9,700
Burials
Parks - Playground Equipment
20,000
13,833
33,833
Carryover from FY2024
Community Development Admin - Overtime
1,500
1,500
3,000
Events & Planning Commision
Community Development Admin - Professional Services
10,000
25,589
35,589
Carryover from FY2024
Community Development Admin - Special Dev Promotion
10,000
27,097
37,097
Carryover from FY2024
Engineering - Salaries
94,719
34,658
129,377
New City Engineer
Engineering - Benefits
26,953
17,198
44,151
New City Engineer
Building Inspections - Salaries
174,556
(29,000)
145,556
Vehicle Purchase for Building Official
Building Inpsections - Fleet Vehicle Replacement
-
29,000
29,000
Vehicle Purchase for Building Official
TOTAL RECOMMENDED EXPENDITURE BUDGET ADJUSTMENTS -
GENERAL FUND 1,661,580$ 257,538$ 1,919,118$
General Ledger Account Description
FY25 Adopted
Budget
Proposed
Change
FY25 Proposed
Amended Budget Description
Information Technology Fund
Revenues
Use of Fund Balance
(241,386)
(42,067)
(283,453)
Increased use of fund balance
TOTAL RECOMMENDED REVENUE BUDGET ADJUSTMENTS -
INFORMATION TECHNOLOGY FUND (241,386)$ (42,067)$ (283,453)$
Expenditures
Infrastructure
32,531
42,067
74,598
Carryover from FY2024
TOTAL RECOMMENDED EXPENDITURE BUDGET ADJUSTMENTS -
INFORMATION TECHNOLOGY FUND 32,531$ 42,067$ 74,598$
General Ledger Account Description
FY25 Adopted
Budget
Proposed
Change
FY25 Proposed
Amended Budget Description
Fleet Fund
Revenues
Replacement - Bldg Inspection
-
(29,000)
(29,000)
Vehicle purchase for new position
Use of Fund Balance
(167,583)
(45,000)
(212,583)
Increased use of fund balance
TOTAL RECOMMENDED REVENUE BUDGET ADJUSTMENTS -
FLEET FUND (167,583)$ (74,000)$ (241,583)$
Expenditures
Overtime
1,800
1,000
2,800
Employee added to on-call schedule
Outside Repairs
15,000
20,000
35,000
Engine Failure
Vehicle Purchase - Bldg Inspection
-
29,000
29,000
Vehicle purchase for new position
Vehicle Purchase - Facilities
42,030
24,000
66,030
Carryover from FY2024
TOTAL RECOMMENDED EXPENDITURE BUDGET ADJUSTMENTS -
FLEET FUND 58,830$ 74,000$ 132,830$
General Ledger Account Description
FY25 Adopted
Budget
Proposed
Change
FY25 Proposed
Amended Budget Description
Capital Projects Fund
Revenues
Use of Fund Balance
(3,005,225)
(2,801,312)
(5,806,537)
Increased use of fund balance
TOTAL RECOMMENDED REVENUE BUDGET ADJUSTMENTS -
CAPITAL PROJECTS FUND (3,005,225)$ (2,801,312)$ (5,806,537)$
Expenditures
General Plan Update
-
150,000
150,000
Carryover from FY2024
Facility Maintenance
75,225
68,000
143,225
Carryover from FY2024 & ADA Doors
Parks Master Plan/Impact Fee Study
-
80,000
80,000
Carryover from FY2024
Main Street Utility Upgrades
-
122,294
122,294
Carryover from FY2024
7200 S. Gateway Project
-
113,000
113,000
Carryover from FY2024
UDOT Canal Trails Grant Match
-
925,000
925,000
Carryover from FY2024
Fort Union Corridor Study
-
7,000
7,000
Carryover from FY2024
Midvale Mural Program
20,000
43,000
63,000
Carryover from FY2024
Pavement Management
815,000
300,000
1,115,000
Carryover from FY2024
HB244 Transportation Projects
7,960,000
993,018
8,953,018
Carryover from FY2024
TOTAL RECOMMENDED EXPENDITURE BUDGET ADJUSTMENTS -
CAPITAL PROJECTS FUND 8,870,225$ 2,801,312$ 11,671,537$
General Ledger Account Description
FY25 Adopted
Budget
Proposed
Change
FY25 Proposed
Amended Budget Description
Water Fund
Revenues
Use of Fund Balance
(4,000,000)
(5,264,403)
(9,264,403)
Increased use of fund balance (Bond Proceeds)
TOTAL RECOMMENDED REVENUE BUDGET ADJUSTMENTS -
WATER FUND (4,000,000)$ (5,264,403)$ (9,264,403)$
Expenditures
Overtime
21,700
5,000
26,700
On-Call
Water Master Plan Projects
-
5,259,403
5,259,403
Carryover from FY2024
TOTAL RECOMMENDED EXPENDITURE BUDGET ADJUSTMENTS -
WATER FUND 21,700$ 5,264,403$ 5,286,103$
General Ledger Account Description
FY25 Adopted
Budget
Proposed
Change
FY25 Proposed
Amended Budget Description
Sewer Fund
Revenues
Use of Fund Balance
-
(1,262,160)
(1,262,160)
Increased use of fund balance (Bond Proceeds)
TOTAL RECOMMENDED REVENUE BUDGET ADJUSTMENTS -
SEWER FUND -$ (1,262,160)$ (1,262,160)$
Expenditures
Sewer Master Plan Projects
-
1,262,160
1,262,160
Carryover from FY2024
TOTAL RECOMMENDED EXPENDITURE BUDGET ADJUSTMENTS -
SEWER FUND -$ 1,262,160$ 1,262,160$
