Chapter 3b - Storm Water Management and Permit

9-3b-1 - UPDES Permit Required.#

1.

Except as otherwise exempted under KCC 9-3b-2, any person or entity proposing any development, land disturbance or construction activity within the City that either disturbs greater than one (1) acre, or less than one (1) acre that is part of a common plan of development whose overall size is greater than one (1) acre, or is determined by the Storm Water Official to have an elevated hazard potential shall be required to obtain a UPDES Permit from the State, which includes the preparation of a Storm Water Pollution Prevention Plan (SWPPP). Proof that this permit has been obtained shall be submitted to the City. Such proof shall include a copy of the approved Notice of Intent (NOI) and a copy of the SWPPP. A UPDES permit is required to be obtained prior to the issuance of any demolition, excavation, land disturbance, building, site plan, land use, or subdivision permit or approval of any development or construction activity within the City.

2.

UPDES Permits shall not be transferable or assignable and work shall not be performed under a permit in any place other than that specified in the permit. Nothing contained herein shall prohibit a permittee from subcontracting the work to be performed under a permit, provided that the holder of the permit shall be and remain responsible for the performance of the work under the permit and for all bonding, insurance and other requirements of this Title. Subcontractors shall be appropriately licensed, insured and bonded.

3.

Any approved UPDES Permit, SWPPP and all related documents and plans shall be available at the project site or readily accessible electronically.

(Ord. 21-12-01, 12/2/2021)

9-3b-2 - Exemptions.#

A UPDES Permit is not required for the following activities: 1.

Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; or

2.

Existing nursery and agricultural operations conducted as a permitted main or accessory use;

3.

Developments, land disturbances or construction activities that are less than one (1) acre and not part of a larger common plan of development (whose overall size is not greater than one (1) acre) and have not been determined by the Storm Water Official to have an elevated hazard potential.

(Ord. 21-12-01, 12/2/2021)

9-3b-3 - Adequacy and Execution of SWPPP.#

The Storm Water Official and/or City Engineer may review all UPDES Permit NOIs and SWPPPs for compliance with the terms and conditions of this Chapter. In the event the NOI or SWPPP as submitted is deemed inadequate or fails to meet the terms and requirements of this Chapter, the Storm Water Official and/or City Engineer may require additional information or impose additional conditions and requirements on the proposed construction activities to the extent necessary to bring the application and/or plan into compliance with the terms and purposes of this Chapter. Failure to comply with the terms and conditions of this Title shall be grounds for denial of the building, development, land use, subdivision or land disturbance permit or approval.

Before work has commenced, BMPs identified on the SWPPP shall be installed and continue to be maintained properly as determined by the Storm Water Official, and shall be subject to inspections by the Storm Water Official or other Authorized Enforcement Agent as allowed under this Title. Failure to properly install and maintain appropriate storm water BMPs may result in penalties as allowed under this Title.

(Ord. 21-12-01, 12/2/2021)

9-3b-4 - Duration of Storm Water Management.#

1.

Dust control measures shall be implemented on all construction sites during any land disturbing or heavy construction activity, such as clearing, excavation, demolition, or excessive vehicle traffic. Dust control measures include, but are not limited to, mulch, sprinkling, vegetative cover, wind breaks, stone, and chemical soil treatments.

2.

The person or entity that applied for and received the UPDES Permit shall be responsible for storm water management and dust control on the subject parcel until a Notice of Termination is accepted by the State.

9-3b-5 - As-Built Plans.#

In addition to all other requirements, all permittees subject to the provisions of this Title are required to submit accurate as-built plans for any and all permanent storm water BMPs and facilities after construction is completed. Plans must show final design specifications for all BMPs and facilities and be certified by an engineer licensed in the State of Utah. A final inspection by the City is required before release of any bond or surety.