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9-3-1 - Purpose.#
The purpose of this Title is to establish and provide policies, rules and regulations regarding the City's storm drainage system and for the control, management, discharge, removal and prevention of pollutants entering the City's storm drainage system. It is further the purpose of this Title to protect the health, safety and welfare of Kaysville City and its inhabitants by improving the City's storm drainage system, managing and controlling storm water run-off, protecting property, preventing polluted water from entering the City's storm drainage system and other receiving waters to the maximum extent practicable as required by Federal and State law. This Title is intended to comply with all regulations and requirements of the NPDES and UPDES programs. The objectives of this Title are: 1.
To regulate and prevent the contribution of pollutants to the City's storm drainage system by storm water discharges by any user;
2.
To prohibit illicit connections and discharges to the City's storm drainage system;
3.
To guide, regulate and control the design, construction, use, and maintenance of any development or other activity that results in the movement of earth on land within the City;
4.
To minimize increases in non-point source pollution caused by stormwater run-off from development which would otherwise degrade local water quality;
5.
To control stormwater run-off rates and volume, soil erosion and non-point source pollution, for new or substantially improved areas, through stormwater management controls, and to ensure that these management controls are properly maintained and pose no threat to public safety;
6.
To establish a viable and fair method of financing the construction, operation and maintenance of the City's storm drainage system;
7.
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Title;
8.
To establish penalty and enforcement procedures for violations of this Title; and
9.
To ensure compliance with requirements of the Kaysville City UPDES General Permit and the Kaysville City Storm Water Management Plan.
9-3-2 - Applicability.#
The provisions of this Title shall apply to any activities conduct ed within the incorporated area of the City, to all real property and development within the incorporated area of the City, and to all portions of the City's storm drainage system. This Title shall also apply to all water entering the City's storm drainage system generated on any developed or undeveloped land unless explicitly exempted in writing by the City or other authorized enforcement agency.
9-3-3 - Administration and Appeals.#
1.
The Storm Water Official is hereby designated as the City's authorized enforcement official and as such shall implement, administer, and enforce the provisions of this Title. Any powers granted or duties imposed upon the Storm Water Official may be delegated in writing by the Storm Water Official or the City Council to persons or entities acting in the beneficial interest of or in the employ of the City. Except as otherwise specifically provided herein, any person affected by a final decision of the Storm Water Official interpreting or administering the provisions of this title may appeal such decision to the City Manager. Any decision of the City Manager may thereafter be appealed to the administrative law judge in accordance with KCC Title 2, Chapter 8.
(Ord. 26-09-02, § II, 9/3/2026)
9-3-4 - Ultimate Responsibility.#
The standards and requirements set forth in this Title and promulgated pursuant to this Title are minimum standards and requirements. Any person or entity, including developers, shall also comply with the current standard of care for drainage design, the City's Drainage Evaluation and Design Manual, and best storm water management practices. This Title does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. Any person violating the terms and conditions of this Title or discharging contaminated waters into the City's storm drain system shall be liable and responsible for such violations and/or contaminations.
(Ord. 25-06-03, § 4, 6/19/2025)
9-3-5 - Storm Drainage Master Plan.#
All construction and development within the City and any connections or discharges of water into the City's storm drainage system shall comply with provisions of the Storm Drainage Master Plan, the Drainage Evaluation and Design Manual, City Code, and technical specifications, which may be amended from time to time.
(Ord. 25-06-03, § 5, 6/19/2025)
9-3-6 - UPDES General Permit.#
The City has applied for and received from the State of Utah, Department of Environmental Quality, Division of Water Quality, a UPDES General Permit for Discharges from Small Municipal Separate Storm Sewer Systems (MS4's). All construction and development within the City and any and all connect ions and discharges of waters into the City's storm drainage system shall comply with terms, conditions and provisions of the City's UPDES General Permit, as may be amended from time to time.
(Ord. 25-06-03, § 6, 6/19/2025)
9-3-7 - Storm Water Pollution Prevention Plan.#
The City has adopted a Storm Water Pollution Prevention Plan in accordance with applicable State and Federal rules and regulations. All construction and development within the City and any and all connections and discharges of waters into the City's storm drainage system shall comply with the provisions of the Storm Water Pollution Prevention Plan, as may be amended from time to time.
9-3-8 - Low Impact Development Manual.#
All low impact construction and development within the City and any and all connections and discharges of waters into the City's storm drainage system shall comply with the provisions of the Low Impact Development Manual, as may be amended from time to time.
(Ord. 25-06-03, § 7, 6/19/2025)
9-3-9 - Definitions.#
For the purpose of this Title, the following terms, phrases and words shall have the following meanings:
As-Built Plans - Drawings depicting conditions as they were actually constructed.
Authorized Enforcement Official - City employees designated to administer and enforce this Chapter.
Berm - An earthen mound used to direct the flow of runoff around or through a structure.
Best Management Practices (BMPs) - Includes schedules of activities, prohibitions of practices, maintenance procedures, design standards, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly into the waters of the United States. BMPs also include treatment requirements, operating procedures, educational activities, and practices to control plant site runoff spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
Catch Basin - A basin combined with a storm drain inlet used to trap solids.
Channel - A natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.
City - Kaysville City Corporation.
City Approvals - Any permit or approval required by the City prior to any construction activity, including, but not limited to, site preparation, grading, excavation or construction.
City Storm Sewer System - Storm systems that receive runoff from pubic rights-of-way, or natural water ways or are identified by easements.
Clean Water Act - The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
Construction Activity - Any land disturbance or construction activities such as clearing, grubbing, grading, excavating, building, and demolition.
Contaminant - Any physical, chemical, biological, or radiological substance or matter in water.
Conveyance System - Any channel or pipe for collecting and directing the stormwater.
Culvert - A covered channel or large diameter pipe that directs water flow below the ground surface.
Degradation (Biological or Chemical) - The breakdown of chemical compounds into simpler substances, usually less harmful than the original compound, as with the degradation of a persistent pesticide. (Geological) Wearing down by erosion. (Water) The lowering of the water quality of a watercourse by an increase in the amount of pollutant(s).
Detention Basin - A depression, designed with an inlet and outlet that regulates water flow and allows debris to settle out, that is capable of detaining storm water runoff until it can be released downstream.
Developed Parcel - Any parcel that has been altered from its natural condition by grading, filling, or the construction of improvements or other impervious surfaces.
Dike - An embankment to confine or control water, often built along the banks of a river to prevent overflow of lowlands; a levee.
Discharge - The release of stormwater or other substance from a conveyance system or storage container.
Drainage - The collection, conveyance, containment, and/or discharge of surface and stormwater runoff.
Drain Inlet - A point of entry into a detention basin, storm drain, or other inlet used to trap solids.
Enterprise Fund - A fund designated to account for the following: a.
Operations, financed and operated in a manner similar to private business enterprises, where the City intends that the costs of providing goods or services to the public are financed or recovered primarily through user charges;
b.
Operations where the City requires periodic determination of revenues earned, expenses incurred, and net income;
c.
Operations for which a fee is charged to external users for goods or services; or
d.
Operations that are financed with debt that is secured solely by a pledge of the net revenues from fees and charges of the operations.
Entity - Any corporation, partnership, limited liability company, organization, association, trust, governmental agency or any other legal entity.
Equivalent Residential Unit (ERU) - The average amount of impervious surface, expressed in square feet, on developed single-family residential parcels in Kaysville City.
Erosion - The wearing away of land surface by wind or water. Erosion occurs naturally from weather or runoff but can be intensified by land-clearing practices related to farming, residential or industrial development, road building, or timber-cutting.
Excavation Permit - A permit issued by the City in accordance with applicable City ordinances to allow construction activities including, but not limited to, clearing, grubbing, grading and excavation.
Fill - A deposit of earth material placed by artificial means.
Final Stabilization - All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetation cover with a density of seventy percent (70%) of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent stabilization measures (such as the use of riprap, gabions or geo textiles) have been employed.
First Flush - The delivery of a disproportionately large load of pollutants during the early part of storms due to the rapid runoff of accumulated pollutants.
General Permit - A permit issued under the NPDES or UPDES program to cover a class or category of stormwater discharges.
Grading - The cutting and/or filling of the land surface to a desired slope or elevation.
Hazardous Waste - By-products of society that can pose a substantial or potential hazard to human health or the environment when improperly managed. Possesses at least one (1) of four (4) characteristics (flammable, corrosivity, reactivity, or toxicity), or appears on special EPA lists.
Heavy Metals - Metals of high specific gravity, present in municipal and industrial wastes, that pose long-term environmental hazards. Such metals include cadmium, chromium, cobalt, copper, lead, mercury, nickel, and zinc.
Hot Spot ("Priority Area") - An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in storm water.
Illegal Discharge - Any direct or indirect non-storm water discharge to the storm drainage system, except discharges from fire fighting activities and other discharges exempted in this Title.
Illicit Connection - Any physical connection to a publicly maintained storm drainage system allowing discharge of non-storm water which has not been permitted by the public entity responsible for the operation and maintenance of the system.
Impervious Surface - Any hard surface area which prevents or retards the penetration, absorption or entry of water into the ground, or any hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to development. Common impervious surfaces include, but are not limited to: roofs; sidewalks; concrete or asphalt paving; walkways; patios; decks; driveways; parking lots; storage areas; trafficked or compacted gravel; road base; or other surfaces which similarly impede the natural infiltration storm and surface water.
Individual Permit - A permit issued under the NPDES or UPDES program for a specific facility, whereby the unique characteristics of that facility may be addressed through the imposition of special conditions or requirements.
Infiltration - The downward movement of water from the surface to the subsoil. The infiltration capacity is expressed in terms of inches/hour.
Ingress/Egress - The points of access to and from a property.
Inlet - An entrance into a ditch, storm sewer, or other waterway.
Land Disturbing Activity - Any activity on property that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil.
Maintenance Agreement - A document recorded with land records that acts as a property deed restriction and which provides for long-term maintenance of storm water management practices.
Mulch - A natural or artificial layer of plant residue or other materials covering the land surface which conserves moisture, holds soil in place, aids in establishing plant cover, and minimizes temperature fluctuations.
Municipal Separate Storm Sewer System (MS4) - A municipally owned and operated storm water collection system that may consist of any or all of the following: curb, gutter, drainage swales, piping, ditches, canals, detention basins, inlet boxes, or any other system used to convey storm water that discharges into canals, ditches, streams, rivers, or lakes not owned and operated by that municipality.
Nonpoint Source - Pollution caused by diffuse sources (not a single location such as a pipe) such as agricultural or urban runoff.
Notice of Termination - An authorization, or license, or equivalent control document issued by the State of Utah to terminate the requirements of the NPDES and UPDES permit.
Notice of Violation (NOV) - Whenever the Storm Water Official finds non-compliance with this Title, he or she will order compliance by written notice of violation to the responsible person. Requirements in the NOV may include monitoring, payment of costs of non-compliance and the implementation of Best Management Practices.
NPDES (National Pollutant Discharge Elimination System) - EPA's program to control the discharge of pollutants to waters of the United States.
NPDES Permit - An authorization, or license, or equivalent control document issued by EPA or an approved state agency to implement the requirements of the NPDES program.
Off-Site - Any area lying upstream of the site that drains onto the site, any area lying downstream of the site to which the site drains, and any area that is not on-site of the project.
On-Site - The entire property that includes the proposed development.
Outfall - The point, location, or structure where wastewater or drainage discharges from a sewer pipe, ditch, or other conveyance to a receiving body of water.
Point Source - Any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.
Pollutant - Generally, any substance introduced into the environment that adversely affects the usefulness of a resource. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
Receiving Waters - Bodies of water or surface water systems receiving water from upstream constructed or natural systems.
Retention - The holding of runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass.
Riparian - A relatively narrow strip of land that borders a stream or river.
Riprap - A combination of large stone, cobbles and boulders used to line channels, stabilize banks, reduce runoff velocities, or filter out sediment.
Runoff - That part of precipitation, snow melt, or irrigation water that runs off the land into streams or other surface water. It can carry pollutants from the air and land into the receiving waters.
Runon - Stormwater surface flow or other surface flow which enters property other than that where it originated.
Sedimentation - The process of depositing soil particles, clays, sands, or other sediments that were picked up by runoff.
Sheet Flow - Runoff which flows over the ground surface as a thin, even layer, not concentrated in a channel.
Source Control - A practice or structural measure to prevent pollutants from entering stormwater runoff or other environmental media.
Stabilization - The proper placing, grading and/or covering of soil, rock, or earth to ensure its resistance to erosion, sliding, or other movement.
Storm Drain - A closed conduit for conducting storm water that has been collected by inlets or collected by other means.
Storm Drainage System - The City's storm drainage system comprised of storm water facilities, improvements, streets, gutters, drains, swales, detention basins, property, or other interests therein made, constructed or acquired by the City for purposes of managing and controlling storm water.
Stormwater - Water produced by storms, surface drainage, snow and ice melt, and spring flows and drainage. Stormwater does not include infiltration.
Storm Water Pollution Prevention Plan (SWPPP) - A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters.
Structural BMP's - Devices that are constructed to provide control of storm water runoff.
Structural Practices - Constructed facilities or measures to help protect receiving water quality and control storm water quality. Examples include storage, vegetation, infiltration and filtration.
Swale - An elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated, and is normally without flowing water. Swales direct stormwater flows into primarily drainage channels and allow some of the stormwater to infiltrate into the ground surface.
Treatment Control BMP - A BMP that is intended to remove pollutants from stormwater.
UPDES - Utah Pollutant Discharge Elimination System.
UPDES Permit - An authorization, or license, or equivalent control document issued by the State of Utah to implement the requirements of the NPDES and UPDES program.
Waters of the State - Surface waters and ground waters within the boundaries of the State of Utah and subject to its jurisdiction.
Waters of the United States - Surface watercourses and water bodies as defined in 40 CFR § 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.
Wetlands - An area that is regularly saturated by surface or ground water and subsequently characterized by a prevalence of vegetation that is adapted for life in saturated soil conditions. Examples include: swamps, bogs, marshes, and estuaries.
(Ord. 25-06-03, § 8, 6/19/2025)