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Millcreek City Hall 1330 E Chambers Ave Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-23-017 City Council Staff Report (First Reading) Meeting Date: 8/28/2024 Applicant: Planning Staff Re: Fence and Retaining Wall Code Update Prepared By: Brad Sanderson, Jake Green, Logan & Simpson, (consultant) Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. REQUEST AND SYNOPSIS As part of Millcreek’s comprehensive zoning code update, the City Planning Staff is proposing an update to the Fence and Retaining Wall Code. The purpose for updating this code is to promote the use of high-quality materials in fences, screens, walls, and retaining walls, while providing for privacy, safety and security for individual properties and pedestrians through fence and wall design, height, materials, and placement. One of the objectives is to reduce certain discrepancies, enhance clarity, create better regulations, introduce better development processes and standards. The Fence and Retaining Wall Code is a “Floating Zone” meaning; the code generally applies to all zones/areas throughout the city. The proposed code is made up of the following main categories as listed below: − New Development − Incompatible uses − Collector streets − Location, Height, Materials − Clear View Areas − General Requirements and Inspections − Single Retaining Walls − Wall Heights and Setbacks − Retaining Wall Systems (Terracing) City Staff recognized there will always be a unique circumstance whereupon one may need to seek a variance. That said, Staff welcomes any guidance from the Planning Commission on how the proposed code update could be improved and is requesting your recommendation to the City Council for consideration. ---PAGE BREAK--- Request: Fence and Retaining Wall Code Update ZT-23-017 Page 2 of 4 PROPOSED ORDINANCE AMENDMENTS A summary of the proposed changes is as outlined below: • Any fence and/or walls in existence prior to the adoption date of this ordinance may remain, provided that the fence and/or wall meets all three of the following: 1. Legally complied with the standards/codes at that time, 2. Has been properly maintained in good condition, 3. It does not encroach into a public right-of-way or cause a clear vision safety concern as determined by the City Engineer. • Consolidated requirements between uses as it pertains to fence location, height and materials. • Chain link fences are a prohibited material within the front yard areas. • Clear View Areas are better defined in terms of how they are measured and certain exceptions to the clear view areas. • New requirements for recreational fencing (i.e. sports courts), such as materials, height’s location (not allowed within front yard areas and may require a five foot setback from property line - pending height). • New masonry fence requirements – (primarily between new development and existing uses. • New requirements between incompatible uses. • Retaining Walls − Changed the criteria used to determine if a building permit is required for a retaining wall from measuring from the bottom of the foundation, footing, or wall system to measuring the unbalanced fill height. This change updates the code to be consistent with recent state code amendments to the International Residential Code (IRC). − Updated submittal and approval requirements to better protect the city from retaining wall failures due to poor design. − Changed the maximum height of a single wall from 8’ to 12’. − Allowed more than two walls in a terraced wall system, eliminated a single wall height requirement of and allowed the terraced wall system to be a max height of 16’. • New graphics have been provided (needs further updates) to show the options and restrictions. COMMUNITY COUNCIL RECOMMENDATIONS Describe how often the item was presented to the Community Councils, and when. 1. Millcreek Community Council. The Millcreek Community Council met on 9/3/2024. They voted unanimously in favor of the adoption of file number ZT-23-017 with the following considerations: − Exterior Waste Receptacles, as listed under the General Requirement (18.67.040A), be clarified to mean “shared” or “common” and not necessarily individual receptacles and, the waste receptacle gates/doors should have to be of a “solid steel” material; − Allow other fencing materials besides decorative solid precast/masonry fences for developing properties which are an incompatible use such as nonresidential and existing residential uses, as listed under Fencing Between Incompatible Uses (18.67.050.A); − Wood and Chain link should be allowed materials instead of prohibited materials, as proposed under sections 18.67.070.A.3 and 18.67.080.B3. Also, “corrugated sheet metal” should be allowed if it is “decorative”. ---PAGE BREAK--- Request: Fence and Retaining Wall Code Update ZT-23-017 Page 3 of 4 − Concerns with single retaining walls being changed from 8’ to 12’ tall. 2. Canyon Rim Citizens Association. The Canyon Rim Citizens Association met on 9/4/2024. They did not have enough members present at the time to vote during the meeting but ensured staff that they would discuss and formulate a formal recommendation. No recommendation was given by the date of the planning commission meeting however staff conveyed their understanding of the issues discussed during their regular meeting. The CRCA later gave a recommendation concerning file number ZT-23-017 as follows: − Unable to support the code update [draft] as it is currently written − The code is written quite poorly. It is unclear and the syntax is not flowing. This means it is difficult for us, the CRCA, to truly understand the changes being made in the code. Like all code updates, we request that the code being updated be written in clear, concise, and easy to understand language. This code update did not meet that criteria. − The code update is eliminating wood from potential materials for fencing. The CRCA feels that, while it is true that unmaintained wood fences may not look appealing, wood fencing is the white picket american dream. We recommend that the code should reflect well maintained and good looking wood fencing should be allowed. We recommend the code be updated to include cases where wood fencing may be used. − Making Fencing unaffordable. Wood fencing is one of the cheaper materials used for fencing. We recommend that this code update considers the needs of our less wealthy residents and provides accommodations for homeowners that may not be able to afford the current proposed fencing materials. Owning a home is expensive, we should try to limit how the code can be cost prohibitive to homeowners. When you read of local or municipal codes that are prohibitively affecting housing prices and availability, I am concerned that this update would fall into that category making it harder for first time homeowners to find a place in Millcreek. − Additional materials can be used for potential fencing materials. We recommend that the code explore the uses of additional fencing materials, such as TREX fencing materials as suitable fencing. − 3' height limit in the front yards does not consider the needs of pet ownership, especially on busy streets. We recommend that fencing heights may be tall enough to prevent average sized pets from escaping owner properties into traffic, e.g. removing the 3' height limit in the front yards. Again, I am concerned about this code update negatively affecting homeownership and availability in Millcreek. 3. East Mill Creek Community Council. The East Mill Creek Community Council met on 9/5/2024. They voted unanimously in favor of the adoption of file number ZT-23-017 subject to the following considerations: − Fence Materials, as listed within sections 18.67070.A3 & 18.67.080.B.3, be changed to allow wood and chain link fence materials in front yards with added language to limit wood fences to a more weather resistant wood material (i.e. cedar, redwood, cypress, bamboo etc. Also, added language to prohibit wood panels or sheathing, etc. Front yard fencing needs to remain as an open style as proposed. − Concerns with single retaining walls being changed from 8’ to 12’ tall. 4. Mount Olympus Community Council. The Mount Olympus Community Council met on 9/09/ 2024. They voted unanimously in favor of the adoption of file number ZT-23-017, subject to the following considerations: − Concerns single retaining walls not being allowed taller than the proposed height of 12’ tall. ---PAGE BREAK--- Request: Fence and Retaining Wall Code Update ZT-23-017 Page 4 of 4 − Would like the city to consider scalable stepping of retaining wall systems. − Consider adding setback between retaining walls and property lines. − Consider adding railing, guardrails, or barrier on top of significantly tall retaining walls along property lines. − No maximum cap on terraced retaining walls as long as they kept the 2:1 ratio, as proposed. − Generally, did not like wood, chain link, or vinyl materials - particularly within front yard areas. PLANNING COMMISSION RECOMMENDATIONS The Planning Commission held a public hearing on 9/18/2024. Upon taking public comment, the Planning Commission recommended in favor the proposed code update, file ZT-23-017 with the following changes: − Allow a single retaining wall to be as high as 12 feet. − No limit on the diameter of trees within the clear view area. − Continue to require the clear view area to be 20 feet as measured from the center of a driveway as per current code, rather than ten feet from the edge of driveway as proposed. − A clarification to change the figure/exhibit to show the street side yard fence to allow a 6’ tall privacy fence once beyond the front plain of the home. PLANNING STAFF RECOMMENDATION Staff has incorporated most of the items as suggested by the various Community Councils and Planning Commission, except for the following: − Where/how the clear view area is measured 20’ from the center of the driveway vs. 10’ from the edge of the driveway. Because of driveway width vary, the point of measurement may be too much or too little of measured from the center of the driveway. − No limit to tree diameter and other similar objects. Due to roads having variable speed limits, vehicle volumes, curvature, slope, etc. the proposed code allows discretion on a case by case, based on safety. Staff recommends that the City Council provide constructive feedback and direction pertaining to File number ZT-23-017. SUPPORTING DOCUMENTS • Fence and Wall Code Update ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 1 18.67 Fences and Retaining Walls 18.67.010 Purpose A. The purpose of this chapter is to promote the use of high-quality materials in fences, and retaining walls, while providing for privacy, safety and security for individual properties and pedestrians through design, height, materials, and placement. 18.67.020 Applicability A. All fences and walls shall comply with the standards of this chapter. B. Any fence and/or walls in existence prior to the adoption date of this ordinance may remain, provided that the fence and/or wall meets all three of the following: 1. Legally complied with the standards/codes at that time, 2. Has been properly maintained in good condition, 3. It does not encroach into a public right-of-way or cause a clear vision safety concern as determined by the City Engineer. C. The provisions of this ordinance may be superseded by specific regulations found in other chapters. 18.67.030 Permit Requirements. A. Department approval required. Fences or retaining walls consistent with this section are permitted by right without the need to obtain a department approval, unless otherwise stated. B. Building permit. A building permit shall be obtained for fences exceeding seven feet in height and retaining walls with a height greater than four feet of unbalanced fill, or walls supporting a surcharge, or as required by the currently adopted version of the International Building Code (IBC) or International Residential Code (IRC). C. Review Of Construction Drawings. Prior to construction, all fencing and walls for new development shall have construction drawings submitted to the City for review and approval by the City Engineer and shall be considered as part of the project improvements for purposes of bonding and occupancy. Such plans shall include both existing and proposed fences, style, material, heights, site plan and profile views, and original and finished grades as measured within four feet of both sides of the fence. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 2 18.67.040 General Requirements A. Fencing may be described as open-style or opaque fencing. Open-style fencing is when a minimum of 70% of the fence area is transparent. Opaque fencing is where more than 70% of the fence area is obscured. Figure 18.67.041 Fence Types ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 3 B. Waste Receptacles. All exterior commercial or shared/common waste receptacles shall be enclosed by a minimum six-foot tall masonry or precast wall and shall include solid steel access doors. The color and materials of waste receptacle enclosures shall be consistent with colors used on the associated buildings. All gates and doors shall be a solid steel material. Exterior waste enclosures are prohibited within ten feet (10’) of a residential property line or within the front and street side yard areas. C. Recreation Fencing. All recreation sports court fences in excess of eight feet in height shall be a dark colored open-style net, mesh, or powder coated chain-link material. 1. Commercial ball field fences/nets may be allowed up to sixty feet (60’) tall when associated with a park, golf course, ball field, or similar commercial recreational facility. Fences/nets more than eight feet tall shall be located a minimum ten feet (10’) from property lines. 2. Residential sports court fence shall only be located within the rear and interior side yard areas. Sports court fences exceeding eight feet in height shall be located a minimum thirty inches (30”) from the property lines. Residential sports court fences may exceed eight feet in height when the fence is setback a minimum thirty inches (30”) from the property lines. For each foot of fence height in excess eight feet the setback shall also increase by one foot. In no case shall a residential sports court exceed fourteen feet (14’) in height. D. Temporary Fencing. A temporary six-foot chain-link or other similar six-foot safety fence shall be installed around construction sites throughout the duration of the construction project. All construction fences shall be well maintained in excellent condition. All gates shall be securely locked when the construction site is unattended. Temporary construction fencing is exempt from the size and location requirements but must still meet all clear vision area requirements. E. Decorative Treatment. All sides of fencing shall have equal treatment on both sides. Masonry fences located along collector streets shall include an anti-graffiti sealant. F. Trail and Parks. Other fencing or landscaping techniques may be used to buffer waterways, trails, parks, open spaces or other uses as determined by the Planning Director. G. Fence and Wall Maintenance. All fences and walls shall be continually maintained in good repair, structurally sound, and safe condition, by the property owners abutting the fence or wall. Repairs and patching shall consist of similar fencing materials and shall blend with the fence. The owner of the fence shall be responsible for removing graffiti within 10 days after receiving a notice from a city code compliance officer. H. Utility Clearance and Easements: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 4 1. No fence or retaining wall may be within four feet of an above ground utility including but not limited to, fire hydrants, water meter boxes, telecommunication pedestals, and streetlights, without written permission from the utility company. 2. Fences and retaining walls shall not be constructed within an easement without prior written permission in a form acceptable to the city from each affected utility. Notwithstanding any written permission, the city reserves the right to deny a permit for a wall within, or over, a utility easement. 18.67.050 Hazardous Area Fencing A. Fencing is required along hazardous areas such as, but not limited to, railroads, canals, ditches, flood channels, waterways, unless as otherwise directed by the Planning Director. B. Fencing shall be a minimum six foot tall. The Planning Director may require a higher fence or wall for property with unusual topography or for a major utility facility. C. Cap fences must be approved materials. D. Fencing shall be solid decorative precast and integrally colored and textured block, brick, stone or other masonry fence. E. Along sidewalks or pathways that cross over and are perpendicular to canals, ditches, flood channels, waterways, decorative open-style fencing such as decorative simulated wrought iron or other decorative open-style fences made of high quality, durable, low maintenance materials shall be utilized. 18.67.060 Collector and Arterial Street Fencing A. Properties with a rear or side yard abutting a collector or arterial street, as identified in the Millcreek Transportation Master Plan, may install a minimum six foot high decorative masonry or precast wall along the abutting a street right-of-way line adjoining the property. Colors and patterns shall match other masonry walls within the vicinity as determined by the Planning Director. B. Noise Walls 1. Any developing property abutting I-215 or I-15 shall install a noise wall along the corridor right-of-way line if the Utah Department of Transportation determines such wall is necessary. 2. Sound walls are exempt from the height and location requirements of this Chapter. 18.67.070 Fence Location A. Front Yards and Street Side Yard Fences ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 5 1. Fences may be located within the front yard and/or street side yard setback area along a street right of-way Figure (18.67.071 Yard Fence Locations) provided that: a. Privacy fences shall not exceed six feet in height within the street side yard area and not exceed three feet in height within the front yard and/or clear view areas, as measured from the nearest sidewalk, top of curb, or asphalt improvements, b. Front yard fences may be allowed up to six feet in height if designed and maintained as an open-style non-obscuring fence. c. Chain-link fences are prohibited within the street side yard and front yard areas except for during construction. d. Fences located within clear view areas shall be less than three feet in height unless designed and maintained as an open-style and non- obscuring fence. e. Fences shall meet all collector street fencing requirements where applicable. Figure 18.67.071 Yard Fence Locations ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 6 B. Interior Side Yard and Rear Yard Fences 1. A maximum seven foot tall fence may be installed between abutting properties within side or rear yard area and/or along a rear or side property line without a building permit. 2. Rear or side yard area fences and/or walls may extend up to a maximum eight feet in height however, fences and/or walls may require a building permit according to applicable building codes. 3. All rear and side yard fences shall comply with applicable clear view areas. 18.67.080 Fence Materials A. Permitted Fence Materials 1. Fences and walls shall be made of high quality, durable materials that require minimal maintenance. The following materials and colors shall apply to all fences, except as otherwise provided in this section or by a more restrictive provision of this title or engineering standard: a. Decorative precast concrete or integrally colored and textured block, brick, stone, or other masonry wall materials; b. Vinyl, polyethylene materials with beige, white or other neutral color; c. Composite fence materials (Treks, SimTech, or similar); d. Weather tolerant wood materials such as but not limited to cedar, redwood, cypress, bamboo; e. Decorative (simulated) wrought iron materials; f. Chain-link may be allowed for public recreational uses if powder coated or for temporary construction fences. B. Prohibited Fence Materials 1. The following fencing materials shall be prohibited in all zones: a. Plastic materials other than vinyl and composite; b. Materials not typically used, designated, or manufactured for fencing, such as but not limited to roofing panels, corrugated or sheet metal, tarps, wood panel (plywood OSB sheeting), scrap lumber or metal, rubber, containers; c. Chain-link, when located within a front or street side yard area. d. Barbed wire, concertina wire, razor ribbon, and similar fencing materials; e. Electric fences. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 7 C. Properties which are both zoned as agricultural and large enough for livestock animals shall be constructed of sturdy fence materials that may include metal pipes, horse- grade vinyl, wood posts or other similar material as recommended by the manufacturer and as determined by the Planning Director. 18.67.090 Fence Height Measurement A. Fence height shall be measured from the finished grade to the highest point of the fence. B. Berms, retaining walls, or other means to raise the elevation of the ground upon, or within four feet of a fence, shall be included in the measurement of fence height. C. When a difference in grade exists on either side of a fence or wall, the height of the fence or wall shall be measured as follows: 1. Height is measured at the property line from the lower property grade. 2. The higher property grade may not exceed twelve feet (12’) of elevation gain at any point within four feet feet of the property line. 18.67.100 Clear View Areas A. Clear view areas are a ten foot (10') triangular area formed by the edge of any driveway or automobile access and the street right-of-way line or within a thirty foot (30') triangular area formed by intersecting street right-of-way lines. (see figure) A lesser or greater clear view triangular area may be approved or required by the City Engineer based upon traffic speeds, flows, volumes and other traffic related variables. B. No view obscuring object(s) including walls or opaque fencing in excess of three feet in height shall be placed within the clear view area. C. Open-style fences up to six feet or a combination of opaque fencing up to three feet with an open style fence above is permitted. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 8 Figure 18.67.101 Driveway Clear View Areas Figure 18.67.102 Corner Clear View Areas ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 9 D. Exceptions. Fences, trees, utility poles, and street signage may be located within the clear view area provide that: 1. Fences and other objects shall not exceed three feet in height or shall be an open-style and non-obscuring material as approved by the City Engineer. 2. Tree branches shall be pruned a minimum of eight feet above the ground and shall not block street signs or signals. 3. Tree trunks, utility poles, and similar objects may be allowed if approved by the City Engineer. 18.67.110 Retaining Walls A. General Requirements. 1. Walls requiring a building permit shall submit a geotechnical report for soil stability by a certified geotechnical engineer licensed in the state of Utah. 2. Wall systems four feet tall or taller which are based on organic material, such as treated lumber or railroad ties, are prohibited. 3. Retaining walls located on properties subject to Sensitive Lands standards, shall comply with all applicable standards of MKZ 18.62, Sensitive Lands. 4. If retaining walls are used to extend driveways or to create additional surface parking or vehicular access when a fill is required to raise the elevation of the property from the original grade, qa minimum 48” opaque screening fence shall be utilized. Figure 18.67.111 Retaining Wall Parking Screening ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 10 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 11 18.67.120 Retaining Wall Submittal and Inspections A. To obtain a building permit, a site plan and wall design plan shall be stamped by a structural or geotechnical engineer who is registered and qualified to perform work in the state of Utah. B. Site plans shall include: 1. The boundary of the property, including any required setbacks, easements, and building envelopes; 2. The existing and proposed surrounding surface grades and structures located in front of, behind, and to the side of the retaining wall at a distance equivalent to three times (3x) the height of the wall. If the wall is supporting a slope, the site plan shall include the entire slope plus surface grades and structures within a horizontal distance equivalent to one times (1x) the height of the slope; 3. The location of the proposed retaining wall(s); 4. The height and elevation of the bottom of the lowest point of the wall, the top of wall and the finish elevation of the fill on both sides of the wall; 5. The drainage plan for the surrounding area and how the walls drainage system will connect to the site drainage system; C. Wall Design plans shall: 1. Reference any geological and geotechnical studies conducted on the site and incorporate the findings into the design. 2. Include sections and details to be utilized in the construction of the retaining wall showing: a. A detailed cross-section showing each lift’s minimum rock or block size, or a cross-section showing concrete thickness and re-bar size and spacing. b. The maximum wall height. c. The backfill material and specification. d. Soil stabilization methods or reinforcement materials and the required frequency of installation. e. A retaining wall drainage detail. f. Slope of the adjacent ground, including the surrounding properties g. Minimum embedment into the existing soil h. The inward slope of a retaining wall’s outside face. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 12 D. Inspections And Final Report: All phases of retaining wall construction shall be monitored by the engineer of record to verify that the nature and quality of the materials being used are appropriate and that the construction is in accordance with the engineered design. The engineer shall verify and submit to the city in writing that the materials and construction of the retaining walls is in accordance with the engineered design after construction. E. Conflict: 1. Millcreek retains a City Geologist to review, suggest modifications, and approve geotechnical reports. Millcreek reserves the right to commission the City Geologist to review or inspect all retaining walls, whether they are existing or proposed at the expense of the applicant. 2. Millcreek may request an as-built survey of retaining walls to verify height and surrounding grades at the applicant's expense prior to approval. 3. In cases of conflict between the provisions contained within this title and adopted zoning regulations, building code, subdivision ordinance, and geologic hazards ordinances, or any other ordinance of Millcreek, the most restrictive provision shall apply. 18.67.130 Retaining Wall Height and Terracing: A. For the purpose of evaluating the height of a retaining wall for compliance with the standards of this code, height shall be measured from finished grade to the top of the retaining wall system. B. Retaining Walls shall not exceed three feet in height when located within a clear view area as established in 18.67.100. C. A single retaining wall shall not exceed twelve feet (12') in height. D. For a Retaining Wall System, which uses terracing and/or a combination of multiple retaining walls; 1. The combined height of all retaining walls shall not exceed sixteen feet 2. The engineer of record shall establish a minimum separation between the walls as measured from the back of the lower wall to the face of the upper wall. In no case shall the minimum separation be less than a one-to-one (1:1) ratio based on the height of the taller wall or be less than four feet in width. 3. Terraces created between retaining walls shall be permanently landscaped or revegetated with shrubs and other similar perennials at a minimum of seventy five percent (75%) live plant material. 4. Any slopes in excess of fifteen percent (15%) between terraces or tying into the original or proposed finish grade need to be certified by the engineer of record and shall not exceed fifty percent (50%) slope. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 13 E. Retaining walls with a separation distance of at least two times (2x) the height of the tallest wall from the back of the lower wall to the face of the upper wall are considered as separate walls. F. Fences on top of, or within four feet parallel to the top of a retaining wall, are considered a part of the overall wall height excluding open style guardrails and fences. Figure 18.67.131 Retaining Wall Requirements ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.67 Fences, Walls, and Retaining Walls I v5 14 18.67.140 Retaining Wall Setbacks: A. The following shall apply to retaining walls within the front and street side yard setback areas: 1. A single retaining wall shall not exceed four feet in height. 2. When a terraced wall system is used each wall shall not exceed four feet in height. 3. Fences shall not be installed on the top of, or within four feet parallel to the top of a retaining wall. B. Any retaining wall exceeding thirty inches (30”) in height and within thirty-six inches (36”) of a walking surface or a property line shall provide a minimum forty-two inch (42”) tall guardrail, or similar barrier on top of the retaining wall. C. At no point shall a retaining wall be located within four feet of the current or future public right of way as set forth in the adopted Millcreek Transportation Master Plan. 18.67.150 Special Requirements for Rockery Walls: A. Fill Compaction: Where the rockery walls are constructed in front of a fill, the fill shall be placed, compacted, and tested as directed in the geotechnical study. All fills shall consist of quality fill meeting APWA standard. B. Rock Selection: Rock shall be of a generally cubical, tabular, or rectangular shape. Rounded rocks shall not be used and internal void spaces in the facing shall be kept to a minimum. The rock shall be preapproved by the engineer of record. C. Rock placement: Rock shall be placed as recommended by the geotechnical engineer. A keyway as recommended by the engineer of record shall be constructed into unyielding soil. D. Building permits for rockery walls shall Include a detail that is specific to the site and not a generic standard design. E. Steepness of walls: The steepness of the rockery wall shall be noted in the drawings.