Chapter 13.79 - POST-CONSTRUCTION STORMWATER MANAGEMENT MEASURES
Part of the Code of Ordinances of South Salt Lake, UT.
The text
13.79.010 - Policy.#
Property owners shall use a combination of structural and nonstructural stormwater management measures to minimize the discharge of stormwater to the MS4 and to achieve flood control, groundwater recharge, and pollutant reduction. Property owners shall select and develop stormwater BMPs based on physical site conditions and the origin, nature, and anticipated quantity and quality of pollutants. Multiple stormwater management measures may be necessary to achieve established performance standards for water quality, quantity, and groundwater recharge.
(Ord. No. 2019-05, § II, 4-3-2019)
13.79.020 - Purpose.#
The purpose of this Chapter 13.79 is to establish minimum long-term stormwater management requirements and controls for new development and redevelopment in the city.
(Ord. No. 2019-05, § II, 4-3-2019)
13.79.030 - Applicability.#
The provisions of this Chapter 13.79 apply to new development and redevelopment projects that discharge to the MS4 with a land disturbance of greater than or equal to one acre, including projects that are less than one acre but are part of a common plan of development or sale, which collectively disturb land greater than or equal to one acre.
(Ord. No. 2019-05, § II, 4-3-2019; Ord. No. 2021-17, § 1(Exh. B), 10-27-2021)
13.79.040 - Site plans.#
A.
Property owners subject to this Chapter 13.79 shall develop a site plan for development that demonstrate that the development or redevelopment project meets the standards set forth in this ordinance.
B.
The site plan shall include the following information:
1.
Assessment of the water-quality impacts of the project;
2.
Description of nonstructural and structural stormwater management measures to be employed through the life of the project from commencing land disturbance to post-construction stormwater management measures;
3.
A topographic base map extending at least two hundred (200) feet beyond the limits of the proposed development that includes the following information: existing surface-water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams, wetlands, pervious or vegetative surfaces, impervious surfaces, existing man-made structures, and significant natural and man-made features not otherwise shown;
4.
An environmental analysis consisting of a written and graphic description of the natural and man-made features of the project site and its immediately surrounding environs. The written description shall include, as appropriate to the site conditions, a discussion of soil conditions, slopes, wetlands, waterways, and vegetation on the project site. Particular attention should be given to unique, unusual, or environmentally sensitive features; and
5.
A project description, including map(s), at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management, and other permanent structures.
C.
The property owner shall submit the site plan to the city engineer for review and approval.
D.
The city engineer may waive submission of any of the requirements of the site plan listed in subsection B of this provision when the property owner can demonstrate:
1.
That the required information cannot be obtained or that obtaining the required information would impose a hardship on the property owner; and
2.
That the absence of the required information will not materially affect the site plan review process.
(Ord. No. 2019-05, § II, 4-3-2019)
13.79.050 - Standards for nonstructural stormwater management measures.#
A.
To the maximum extent practicable, property owners shall use nonstructural stormwater management measures to reduce the discharge of stormwater to the MS4 and to achieve flood control, groundwater recharge, and pollutant reduction.
B.
Nonstructural stormwater management measures shall:
1.
Protect areas that provide water-quality benefits and areas that are particularly susceptible to erosion or sediment loss;
2.
Minimize impervious surfaces and break up or disconnect the flow of runoff from impervious surfaces;
3.
Maximize the protection of natural drainage features and vegetation;
4.
Provide low-maintenance landscaping that encourages retention and the planting of native vegetation and minimizes the use of fertilizers and pesticides;
5.
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas; and
6.
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site to prevent the release of pollutants to the MS4 including, but not limited to:
a.
Site design features that prevent accumulation of trash and debris in drainage systems;
b.
Site design features that prevent the discharge of trash and debris from drainage systems; and
c.
Site design features that prevent or contain spills or other harmful accumulations of pollutants at industrial or commercial development sites.
d.
Site design features that prevent disposal of pet waste in management features.
(Ord. No. 2019-05, § II, 4-3-2019; Ord. No. 2025-46, § 1(Exh. A), 9-10-2025)
13.79.060 - Standards for structural stormwater management measures.#
A.
Structural stormwater management measures shall be designed to take into account existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type, permeability, and texture; and drainage area and drainage patterns.
B.
Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning.
C.
Structural stormwater management measures shall be designed, constructed, and installed to be strong and corrosion resistant.
D.
New development projects that meet the threshold described in [Section] 13.79.030 must manage rainfall on-site and prevent the off-site discharge of the precipitation from all rainfall events less than or equal to the 80th percentile rainfall event or a predevelopment hydrologic condition, whichever is less. This must be accomplished through practices designed, constructed, and maintained to infiltrate, evapotranspire, and/or harvest and reuse rainwater.
E.
Redevelopment projects that meet the threshold in Section 13.79,030 must provide a site-specific and project-specific plan aimed at net gain to on-site retention or a reduction to impervious surface to provide similar water quality benefits. If the project increases impervious surface by more than ten percent, it shall manage rainfall on-site and prevent off-site discharge of the net increase in the volume associated with the precipitation from all rainfall events less than or equal to the 80th percentile rainfall event.
F.
If meeting the requirements outlined in Subsection D or E above is infeasible, the project must document and quantify that infiltration, evapotranspiration, and rainwater harvesting have been used to the maximum extent feasible and that full use of these controls is infeasible due to constraints.
(Ord. No. 2019-05, § II, 4-3-2019; Ord. No. 2021-17, § 1(Exh. B), 10-27-2021)
13.79.070 - maintenance of stormwater management measures#
A.
Property owners shall maintain in good condition and promptly repair and restore all stormwater management measures, maintenance access routes and appurtenances, including, but not limited to, surfaces, walls, drains, dams, structures, vegetation, erosion and sediment-control practices, and other stormwater maintenance facilities.
B.
Property owners shall perform preventative and corrective measures to maintain the functioning of all stormwater management measures, including, but not limited to, repair or replacement of stormwater management measures; sediment, debris, and trash removal; restoration of eroded areas; snow and ice removal; fence repair or replacement; and vegetation restoration.
(Ord. No. 2019-05, § II, 4-3-2019)
13.79.080 - Failure to Maintain#
A.
If the property owner fails to maintain stormwater management measures in accordance with the provisions of this ordinance and the maintenance agreement, an authorized enforcement agent may perform any corrective work after thirty (30) days' written notice.
B.
The 30-day notice requirement is waived if an authorized enforcement agent determines that the violation constitutes an immediate risk to the public health, safety, or the environment. Upon an immediate-risk determination, the authorized enforcement agent may enter the premises to perform any necessary corrective work on twenty-four (24) hours' notice to the property owner.
C.
If the city performs repairs, remediation, or maintenance work in accordance with the provisions of this ordinance or other applicable ordinances, the city may assess the property owner for the cost of corrective work and any applicable penalties or administrative fees. The city shall assess the cost of any corrective work as a lien on the property.
(Ord. No. 2019-05, § II, 4-3-2019)
13.79.081 - Structural BMP inspections.#
A.
Prior to closing out a construction project, the city will inspect a permanent structural BMP to ensure that the BMP is constructed as designed.
B.
The city will inspect a permanent structural BMP every other year following the inspection described in Paragraph (A), or as necessary to maintain functionality of the control.
(Ord. No. 2021-17, § 1(Exh. B), 10-27-2021)
13.79.090 - Recordkeeping.#
Property owners shall make records of the installation, maintenance, and repairs of all stormwater management measures and shall retain these records onsite for at least five years. The property owner shall make these records available to the authorized enforcement agent during inspections and shall furnish them to the city upon request.
(Ord. No. 2019-05, § II, 4-3-2019)
13.79.100 - Enforcement—Notice of violation.#
A.
Whenever the city engineer, in consultation with the city attorney, has reason to believe that a person has violated or is violating, or failed to meet a requirement of, this chapter, the city may order compliance by written notice to the responsible person. If abatement of a violation is required, the notice shall set forth a deadline within which such abatement must be completed.
B.
The notice of violation shall be issued in accordance with the provisions of Section 8.14.310 of this ordinance and served in accordance with Section 8.14.120 of this ordinance.
C.
When a person has been served with a notice of violation, that person shall be directed to attend a hearing before the city's administrative law judge to make final administrative determinations. The administrative law judge has authority to assess civil fines and order abatement of the violation, as provided in Chapter 2.22 of this ordinance. Fines shall be in the amount established in the consolidated fee schedule.
D.
When a responsible person who, after receiving notification of an administrative hearing as provided in this section, fails to appear at the hearing, the administrative law judge shall accept evidence in that person's absence. If the administrative law judge upholds the violation alleged in the notice of violation, the administrative law judge shall enter an administrative order requiring the action demanded in the city's notice of violation, shall assess fines and fees, and may grant the city authority to enter the property to abate the violation if the responsible person fails to do so by the deadline established in the notice of violation. In his or her decision, the administrative law judge shall outline the opportunities for appeal.
E.
If the city abates a violation, the city shall comply with the provisions of Sections 8.14.360 and 8.14.380 of this ordinance as well as any applicable state laws relating to filing liens or garnishments upon the abated property.
F.
A responsible party who appears at the hearing on a notice of violation and is aggrieved by the administrative law judge's decision may file a notice of appeal with the city council. The city council will hold a hearing, hear testimony from the city, the responsible party, and other individuals or entities as appropriate. Within 30 days after the hearing, the city council will issue a decision either upholding the administrative law judge's decision, modifying the decision, or vacating the decision.
(Ord. No. 2021-17, § 1(Exh. B), 10-27-2021)
13.79.110 - Enforcement—Administrative citation.#
A.
Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may issue an administrative citation.
B.
The administrative citation shall comply with the content and notice provisions of Sections 8.14.210 and 8.14.120, respectively.
C.
Civil fees are due and payable immediately upon service of the administrative citation and the provisions of Section 8.14.220 shall apply to administrative citations issued under this chapter. Fines shall be in the amount established in the consolidated fee schedule.
D.
A responsible person that has received an administrative citation shall have the right to contest the citation at an administrative hearing. A request for hearing shall comply with Section 2.22.040 of this ordinance. The failure to request an administrative hearing shall constitute a waiver of the right to a hearing and a waiver of the right of appeal.
(Ord. No. 2021-17, § 1(Exh. B), 10-27-2021)
13.79.120 - Injunctive relief.#
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the city may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(Ord. No. 2021-17, § 1(Exh. B), 10-27-2021)
13.79.130 - Remedies not exclusive.#
The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the city to seek cumulative remedies.
(Ord. No. 2021-17, § 1(Exh. B), 10-27-2021)