STELE BOUNTIFUL Kendalyn! Harris MAYOR CITY COUNCIL KATEI BRADSHAW BETHCHILD RICHARDH MATT HIGGINSON MURRI CECILEE PRICE-HUISH CITYI MANAGER GARYH HILL OPATED AD Bountiful City Ordinance No. 2025-01 AN ORDINANCE AMENDING CHAPTER 15, TITLE OF THE BOUNTIFUL CITY MUNICIPAL CODE WHEREAS, Bountiful City manages a storm water sewer system within the Bountiful WHEREAS, the purpose of the Storm Water Management Ordinance is to protect the health safety and welfare oft the City improving, managing and protecting the City's storm water sewer system and to receive waters into the storm sewer system as required by federal and state City limits through its Storm Water Management Ordinance; and law; and WHEREAS, certain federal and/or state requirements change from time to time; and WHEREAS, recent updates to federal and state law have made it necessary to update WHEREAS, the City Council finds it in the best interest of the City and the general health, safety and welfare oft the public that this Ordinance amending the City's Storm Water and amend the City's Storm Water Management Ordinance; and Management Ordinance bej passed. COUNCIL ASI FOLLOWS: hereby amended follows: NOW, THEREFORE, ITI ISI HEREBY ORDAINED BY THE BOUNTIFUL CITY Section 1. Ordinance Amendment. Title 6 ofthe Bountiful City Municipal Codei is Chapter 15: Storm Water Management 6-15-101. Purposes and objectives. The purpose oft this chapter is toj protect thel health, safety and welfare oft the City and its inhabitants by improving the City's storm sewerdrainagesystem, managing and controlling storm water runoff, protecting property, preventing polluted water from entering the City'sstorm Waterdrainagesystem and ether-public receiving waters as required by federal and state law. The objectives oft this chapter are to: (a) Provide and maintain an adequate Municipal Separate Storm Sewer System (MS4) for handling storm (b) Provide fair, equitable and non-discriminatory rates for using the storm drainage system which user fees will generate sufficient revenues for operating, improving and maintaining the storm drainage utility water runoff. adequately. Rates shall be applied consistently for the same class of customers. (c) Establish a policy that fees should bes set after considering such factors as: (1) Intensity of development of land parcels; (2) Types of development on land parcels; (3) Cost of maintaining, operating, repairing and improving the system; (4) Quantity and quality oft the run-off generated; (5) Public health, safety and welfare; and, (6) Any other factors that should be considered. (d) Regulate the contribution of pollutants to the MS4 by storm water discharges by any user (e). Prohibit illicit connections and discharges to thel MS4 activity that results int thei movement of soil on land within the city (f) Guide, regulate and control the design, construction, use, and maintenance of any development or other (g)Minimizei increases ini non-point source pollution caused by storm water: runoff from development which (h) Reduce storm water runoff rates and volumes, soil erosion and non-point source pollution, wherever possible, through storm water management controls and to ensure that these management controls are (i) Establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary would otherwise degrade local water quality properly maintained and pose no threat to public safety to ensure compliance with this chapter. 6-15-102. Definitions. the context implies. Where terms are not defined by this section, such terms shall have ordinarily accepted meanings such as For thej purpose oft this ordinance, the following terms, phrases and words shall mean: "Authorized Enforcement Agency" - -Employees or designees of the director of the municipal agency "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 State. BMPS also include treatment requirements, operating procedures, educational activities, andj practices to control plant site runoff spillage designated to enforce this chapter. orl leaks, sludge or waste disposal, or drainage from raw material storage. "City" - Bountiful City, ai municipal corporation oft the State ofl Utah. "City Engineer" -1 means the City Engineer or his/her authorized: representatives. "Clean Water Act" - The federal Water Pollution Control Act (33 U.S.C. $ 1251 et seq.), and any "Construction Activity"- Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to Conveyanee-sysien- Any-ehanne-erpipe-fereeleetingeligand-diretingthe-sterm-water: subsequent amendments thereto. clearing and grubbing, grading, excavating, and demolition "County" - Davis County "Council". - Bountiful City Council "Culvert" - A covered channel or large diameter pipe that directs water flow below the ground surface. "Customer" or "Person" - Any individual; public or private corporation and its officers; partnership; association; firm; trustee; executor of an estate; the State ori its departments, institutions, bureaus, agencies; county; city; political subdivision; or any other governmental or legal entity recognized by law. Degradation" - (Biological or chemical) Thel breakdownofchemical 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 oft the water quality ofa watercourse by an "Design Storm"- A theoretical selected storm event that is used as a basis for design, defined in increase in the amount ofpollutant(s). terms ofthe probability ofoccurrence over time. "Discharge"- to dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means any solid "Drainage"- Refers to the collection, conveyance, containment, and/or discharge of surface and storm "Equivalent Residential Unit (ERU)"- - An ERU is equal to 3,828 square feet ofi impervious surface area. This is based on a single-family residential parcel in] Bountiful City, which has an average of3,828 square "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 orl liquid matter into thel MS4.. water runoff. feet of impervious surface according to a study completed in April 2000. development, road building, or timber-cutting. "Fill"- A deposit of earth material placed by construction activity. "General Permit"- - Aj permit issued under thel UPDES program to cover a class or category of storm water "Grading" - The cutting and/or filling oft thel land surface to a desired slope or elevation. discharges. "Hazardous Waste"- By-products ofsociety that can posea as substantial or potentiall hazard tol human! health ort the environment when improperly managed. Possesses at least one of four characteristics (flammable, corrosivity, reactivity, or toxicity), or appears on special EPA lists. "Illicit Connection" - Any physical connection to aj publicly maintained storm drain system which has not been permitted by thej public entity responsible for the operation and maintenance oft the system. "Impervious Surface". -A A surface which prevents or retards the infiltration of water. "Infiltration". - The ownwardmovement of water from the surface to the subsoil. Thei infiltration capacity is expressed int terms ofinches/hour. "Inlet" - An entrance into a ditch, storm sewer, or other waterway. "Mitigation" - Storm water control: facilities located on aj parcel, which either hold runoff for as short period oft time before releasing it to the storm drainage system, or hold water until it evaporates or infiltrates into "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 others system usedt to convey storm water that discharges into canals, ditches, streams, rivers, or lakes not owned and operated by that municipality. "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 "Non-point Source"- A group of diffuse sources of storm water runoff (not a single location such as a pipe) such as agricultural or urban land from which pollutants are or may be discharged. "Off-site"- Any area lying upstream of the site that drains onto the site and any area lying downstream the ground. fluctuations. oft the site to which the site drains. "On-site"- The entire property thati includes the proposed development. surface area, and is documented with aj property number by the County. "Parcel" - The smallest, separately segregated unit of] land having an owner. A parcel has boundaries and "Plat" - A map or representation ofa subdivision showing the division ofa at tract or parcel ofl land into lots, "Point Source"- Any discernible, confined, and discrete conveyance, including buti 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 ori may be discharged. "Pollutant" - Generally, any substance introduced into the environment that adversely affects the usefulness ofa 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; sediment, floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform andj pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing al building or structure; and noxious or offensive matter of any "Receiving Waters"- Bodies ofv water or surface water systems receiving water from upstream constructed blocks, streets, or other divisions and dedications. kind. (or natural) systems. ore emergency bypass. "Retention"- - Thel holding ofr runoffi in al basin without release except by means of evaporation, infiltration, "Riparian" - A relatively narrow strip ofl land that borders a stream or river. "Runon"- Storm water surface flow or other surface flow which enters property other than that where it "Runoff" - That part of precipitation, snow melt, or irrigation water that runs off the land into streams or "Single-Family Residential Parcel" - Any parcel of land containing a single-family dwelling unit. "Source Control"- - A practice or structural measure to prevent pollutants from entering storm water runoff "Storm Drainage FaeilitiesFacility" Any facility, improvement, development, or property made for "Storm Drainage System"- - All man-made storm drainage facilities and conveyances, and natural storm water drainage channels owned or maintained by the City that store, control, treat, and/or convey storm "Storm Drainage Utility" or "Utility" - The utility created by this ordinance, which operates, maintains, regulates, andi improves storm drainage facilities and programs within Bountiful City. "Storm Water"- - Runoff produced by precipitation events and snowmelt. originated. other surface water. oro other environmental media. controlling storm water quantity and quality. water. "Storm Water Pollution Prevention Plan (SWPPP)" - The set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of storm water runoff to pre- "Swale"- An elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated, andi is normally without flowing water. Swales direct storm water flows intoj primarily drainage channels and allow some oft the storm water toi infiltrate into the ground surface. Treatment Control BMP"- A BMP that isi intended to remove pollutants from storm water. "Undeveloped Parcel" - Any parcel that has not been altered by grading, filling, or construction. "UPDES_(Utah Pollutant Discharge Elimination System)" - means the State-wide program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under the Utah Water Quality Act (Title 19, Chapter 5, Utah Code Annotated). UPDES is described in the Rules of the Utah. Administrative Code R317-8. "Waters of the State"-A All streams, lakes, ponds, marshes, water-courses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state ofUtah or any portion thereof, except that bodies of water confined to and retained within the limits of private property, and which do not develop into or constitute a development levels during and after construction. nuisance, or a public health hazard, or a menace to fish and wildlife. "Wetland". - 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. 6-15-103. Storm Drainage Utility Created. (a) There is hereby created and established a Bountiful City Storm Drainage Utility. All storm drainage facilities owned by the City constitute the physical assets of the Bountiful Storm Drain Utility. The City Engineer shall administer, implement, and enforce the provisions oft this chapter. Any powers granted or duties imposed upon the City may be delegated by the City Engineer toj persons or entities acting Thes standards set forthl herein andj promulgated pursuant tot this ordinance arei minimum standards; therefore this ordinance does noti intend nori imply that compliance by any person will ensure compliance with federal regulations, or that there willl be no contamination, pollution, nor unauthorized discharge of pollutants. (b). Responsibility of Administration. in the beneficial interest ofori in the employ ofthe City. (c) Ultimate Responsibility. 6-15-104. City Storm Drainage Utility facilities and assets. The Utility shall operate, maintain, and improve all existing City storm drainage facilities used for the conveyance of storm waters, through, under or over lands or watercourses, beginning at aj point where the storm waters first enter the storm drainage system oft the city and ending in each instance at aj point where the storm waters exit from the system. However, the utility does not include goyemment-owned streets or those facilities operated andi maintained by or for the County or the State ofUtah. 6-15-105. System ofrates and charges. (a) Service fees imposed. The City willl by resolution of the City Council impose storm drainage fee rates and charges on each parcel of real property within the City except govemmentaly-owned streets. The charges shall: fund the administration, planning design, construction, water quality programming, operation, maintenance and repair of existing and future storm water: facilities. (b) Method of determining contribution of storm water. (1) Contributions ofstorm water from non-residential parcels andi residential parcels larger than four-unit buildings have been ascertained through aerial photography and by evaluating land surface and measuring the amount ofi impervious surface. (2) Contributions of storm water from residential parcels up. to and including four-unit buildings have been ascertained by sampling the amount of residential impervious areas. (c) Storm drainage service fees shall be assessed on each parcel ofr real property within the City (including City-owned properties), except govemment-owned streets and City storm water facilities. Service fees shall be established by resolution of the City Council and may be differentiated according to the following Residential parcels: Single-family residential parcels shall constitute one ERU per month. classifications: Undeveloped parcels: Undeveloped parcels shall have no charges assessed. Other parcels: Charges for all other parcels shall be computed by multiplying the total ERUS for a parcel by thei monthly rate. Total ERUS are calculated by dividing total square feet ofimpervious surfacel by 3,828 Credit for on-parcel mitigation: Non-residential parcels with mitigating storm water facilities, e.g. approved on-site detention/retention ofs storm water, approved discharge of storm water through a sewer connection or other approved and complete on-site detention methods that meet the City's design and maintenance standards may be eligible for a service fee credit. The parcel's owner or agent must make application for this credit tot the City Engineer. The amount of credit is based on the following formula: (one ERU), rounded to the nearest half or whole number. P=50-+50(Q/Qp) Formula symbols have the following meaning: P= Percentage of storm drainage fees to be applied to thej parcel 50= Percentage representing Utility's fixed operation and maintenance costs 50= Percentage representing costs for Utility'sc capital improvement program Qr= Restricted storm water discharge from a parcel Qp= Peak storm water discharge from the same parcel that would result if the mitigating The City Engineer may, ifrequested, provide a complete on-site mitigation evaluation at the expense oft the Credit for regional storm water mitigation: Non-residential parcels with mitigating storm water facilities, that serve the City's regional storm water needs as prescribed by thes storm water master plan and utilizing methods that meet the City's design and maintenance standards, may be eligible for a service fee credit. The credit may be granted if property owners have not already been compensated for or agreed to construct thei facilities as part the development process. The parcel'sowner or agent must make application Ifar request for mitigation credit is granted, the credit shall be applied to all charges from the time of the appealed billing, and will be reflected on the next billing thirty days after appeal is granted. Credit for maintenance of long-term storm water controls: Non-residential properties with long-term storm water controls or measures that meet the city's standards for reducing storm water runoff pollution may be eligible for a service fee credit ofup to 20%. The credit may be granted ift the storm water controls are kepti in effective operating condition as shown by an annual inspection report that must be provided to the city. Thej parcel's owner or agent must make application for this credit to the City Engineer annually. Lowi income relief: A single family residential parcel owner who qualifies for the City'sl lowi incomei relief, as determined by resolution of the City Council and set forth in the fee schedule, may alsol be eligible fora a facilities were not inj place. parcel's owner or authorized agent. for this credit to the City Engineer. reduction in the service charge for their parcel. 6-15-106. Billing and collection. (a) Utility Enterprise Fund - This ordinance creates the Storm Drainage Utility Fund. All revenues received from: storm drainage user fees shalll bej placed in the enterprise fund as a designated fund, to be left separate and apart from all other City funds. The collection, accounting, and expenditure ofall storm water (b) Billing - The City shall bill property owners for storm drainage utility services. Billing amounts shall utility funds shall be in accordance with the Utah Uniform Fiscal Procedures Act. bei included as a separate line item on utility bills. A billing will also be sent to owners of parcels within (c) Collection - Partial payments on a combined utility bill shall be applied consistent with the billing procedures established by the City. Fees and charges shall be considered delinquent if not paid as determined by the procedures established by the City and will be a debt to the City, which shall be subject to recovery in a civil action. Pursuant to 10-8-38 Utah Code. Ann., the City may cause the water service to the property to be shut off for failure to pay for the storm drainage service furnished, as set forth on the the city who are: not City utility customers. billing. 6-15-107. Appeal of charges. (a) Any non-residential customer who disagrees with the storm drainage user fee for his or her parcel may apply to the City Engineer for a user fee adjustment. The adjustment request must state the grounds for adjustment and must be filed in writing with the City Engineer no later than thirty days after receipt of billing. The City Engineer shall review thei request and basis for user charges to determine whether ane error (b) An appeal ofa City Engineer's decision may be brought before the City Manager within thirty days after the date oft the City Engineer's decision. The decision oft the City Manager is final and conclusive. If an appeal of charges is successful, credit willl be applied to all charges from the time ofthe appealed billing, was made in the calculation or application of the fee. and willl be reflected on a future billing after the appeal is granted. 6-15-108. Prohibitions. Iti is unlawful for any person to: (a) Track mud or sediment onto public streets by construction or delivery vehicles. Provisions shall be (b) Washout concrete trucks at sites other than pre-approved designated areas. Dumping of excess concrete (c) Stockpile construction or yard improvement materials or debris in the street or in the gutter. This includes but is not limited to ramps being constructed for temporary access across the existing curb and gutter; stockpiling oft topsoil or other fill material; stockpiling ofsand, gravel, landscape rock, bark, mulch or any other material that may be considered as source ofj pollution in the storm water system. made at all construction sites to clean the vehicles before vehicles leave the site. shall not be allowed. 6-15-109. Illicit discharges. (a) Noj person shall discharge or cause or allow to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. (b) The commencement, conduct or continuance of any discharge to the storm drain system is prohibited except as described as follows: (1) water line flushing or other potable water sources, (2) landscape irrigation or lawn watering, (3) diverted stream flows, (4) rising ground water, (5) ground water infiltration to storm drains, (6) uncontaminated pumped ground water, (7) foundation or footing drains, (8) crawl space pumps, (9) air conditioning condensation, (10) springs, (11) individual residential washing of vehicles, (12) natural riparian habitat or wet-land flows, (14) residual street wash water (15) emergency fire fighting activities, toj protect public health and safety. enforcement agency prior to the time oft the test. (13) swimming pools (ifd dechlorinated tol less than one. PPM chlorine), (16) discharges specified in writing by the authorized enforcement agency as being necessary (17) Dye testing is an allowable discharge, but requires a verbal notification to the authorized (c) The prohibition shall not apply to any non-storm water discharge permitted under a UPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the State ofUtah, provided that the discharger is ini full compliance with all requirements of thej permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for (d) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless ofwhether the connection was permissible under law or practices applicable or prevailing at the time of (€) This prohibition expressly includes, without limitation, connections ofsanitary sewer lines to thel MS4. (a) Owners and operators ofany development or re-development sites within thej jurisdictional limits ofthe City which disturb one acre or more of surface area, or are part ofa common plan of development that disturbs one acre or more and have not passed a final storm water inspection for notice of termination are (b) No person shall be granted a storm water discharge permit without the approval of a Storm Water (c) A storm water discharge permit will only be approved where storm drains have adequate capacity for any discharge to the storm drain system. connection. 6-15-110. Development Storm Water Discharge Permit Required. required to obtain a Storm Water Discharge Permit from the City. Pollution Prevention Plan by the City Engineer. the accommodation of such water. (d) No storm water discharge permit is required for the: following activities: (1) Any emergency activity that isi immediately necessary for the protection of life, property, (2) Existing nursery and agricultural operations conducted as a permitted main or accessory (3) Additions or modifications to existing single-family structures unless otherwise or natural resources. use. specifically required in this chapter. 6-15-111. Permit Application Requirements (a) Application for a construction storm water discharge permit shall be filed with the City Engineer. Applicants are required to obtain aj permit prior to commencement of work. Each permit application shall bear the name and address and contact information of the owner of the site, developer of the site, contractor(s) working at thes site, and ofany consulting firmi retained by the applicant. The application shall be accompanied by ai filing fee and a site specific storm water pollution prevention plan. (b) The applicanti is required to: file al letter of credit or cash deposit in an amount deemed sufficient by the Engineering Department to coverall costs ofimplementation: andi maintenance ofthe approved Storm Water Pollution Prevention Plan including costs for improvements, landscaping, and maintenance of improvements for suchj period as specified by the city, and also to cover engineering and inspections costs andt the cost to repair improvements installed ont thes site and damaged by uncontrolled erosion ands sediment from the construction site. 6-15-112. Permit Fees. (a) The City shall charge and the Permittee shall pay upon issuance of thej permit, fees for costs associated with the work performed under the permit. Such costs could include costs for reviewing the project and issuing thej permit, inspections of the project, deterioration of existing Public Improvements or diminution of the useful life of existing Public Improvements, and other costs to the City associated with the work to be done under thej permit. All costs shall be assessed in ai non-discriminatory manner. (b) The City Engineer may reduce or waive permit fees or penalties or portion thereofprovided fori in this Chapter, when he/she determines that such permit fee or penalty: (1) pertains to construction or rehabilitation of housing for Persons whose income is (2) pertains to work by a contractor on City owned systems at the request of the City. below the median income level for the City; or (c) Additional charges to cover the reasonable cost and expenses of any required engineering review, inspection, and work site restoration associated with each undertaking may be charged by the City to each (d) The fee structure for review ofa any storm water discharge permit application shall be established by the City Engineer. All of the monetary contributions shall be credited to al local budgetary category to support local plan review, inspection and program administration, and shall be made prior to the issuance of any Permittee, in addition to the initial permit fee. permit for the development. 6-15-113. Permit - Contents - Duration and Extensions. (a) Each permit application shall state the estimated starting and completion dates of construction. Work shall be completed within a reasonable period of time from the starting date or as determined by the City Engineer. Such determination shall be based upon factors reasonable related to the work tol be performed under the permit. Such factors may include, in addition to other factors related to the work tol bej performed, the following: (1) The scope of work to bej performed under thej permit; (2) Protecting existing public improvements impacted by the work; (3) The seasons of the year during which the work is to be performed as well as the current weather andi its impact on public safety and the environment. The City Engineer shall be notified by the] Permittee of commencement ofthe work a minimum of twenty- four hours prior to commencing work. The permit shall be valid for the time periods S specifiedi in thej permit (b) Ifthe work is not completed during such period, prior to the expiration of thej permit, thel Permittee may apply to the City Engineer for an additional permit or an extension, which may be granted by the City Engineer for good cause shown. Thel length of the extension: requested by the] Permittee shall be subject to (c) The Storm Water Pollution Prevention Plan shall be amended as required for an extension. or as amended. the approval ofthe City Engineer. 6-15-114. Permit - No Transfer or Assignment. Permits shall not bet transferable or assignable, and work shall notl bej performed under aj permit in any place other than that specified in the permit. Nothing herein contained shall prevent a Permittee from subcontracting the work to be performed under a permit; provided, however, that the holder oft thej 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 Chapter and under said permit. Subcontractors shall also be appropriately licensed, insured and bonded. 6-15-115. Storm Water Pollution Prevention Plan (a) A Storm Water Pollution Prevention plan shall be required with all permit applications providing for erosion and sediment control and storm water: management during the land disturbing activity and after the activity has been completed. The Storm Water Pollution Prevention Plan must meet the requirements of the current UPDES Storm Water General Permit for Construction Activlies-Hhesem-VaterPalsen Preventien-Panshalseprepareiaseerdansewwihaeehe-listprovadedbytaeiangmneesneeringDepartment (b) For development or redevelopment occurring on a previously developed site, an applicant shall be required to include within the Storm Water Pollution Prevention Plan measures for controlling existing storm water: runoff discharges from the sitei in accordance with the standards ofthis Ordinance. EeHRRAPSy4pesemeae: 6-15-116. Long-Term Storm Water Management Requirements Controlling Peak Runoff: from Sites. All site designs shall establish storm water management practices to control the peak flow rates of storm water discharge associated with specified design storms having a 10- year return frequency or a 25-year return frequency if located in the Residential Foothill subzone. These Owners and operators of development and re-development sites within the jurisdictional limits oft the City which disturb one acre or more ofs surface area, or are part ofa common plan of development that disturbs one acre or more and have not passed a final storm water inspection for notice of termination are required (a) Controlling Runoff Volume from New Development Sites. New development projects must manage on-site and prevent the off-site discharge oft thej precipitation from all rainfall events less than or equal to the 80th percentile rainfall event by the use of practices that infiltrate, evapotranspire, and/or harvest (b) Controlling Runoff Volume from Redevelopment Sites. Redevelopment projects must be developed (1) There is no more than 10% increase to impervious surface area at project completion; or practices shallmirror pre-development peak runoff from the site. to meet the following requirements: rainwater. such that either: (2) At! project completion the net increase in volume associated with precipitation from all rainfall events less than or equal to the 80th percentile rainfall event is managed on site by the use of (c)Additional Storm Water Design) Requirements. Storm water discharges from land uses or activities with higher potential pollutant loadings, as determined by the City Engineer, may require the use of specific structural best management practices and pollution prevention practices based on policy established by the City Engineer. Prior to design, applicants are required to consult with the Engineering Department to (a) Peak Runoff Calculations. Hydrologic design calculations for the pre-development and post- development conditions must show that the proposed storm water management measures are capable of controlling runoff from the site in compliance with this ordinance based on specified design storms. A description and source ofa all parameters usedi in the calculations shall be: included. The calculations should practices that infiltrate, evapotranspire, and/or harvest rainwater. determine ifthey are: subject to additional storm water design requirements. 6-15-117 Storm Water Management Design Criteria bel based on one oft the following: (1) Rational Method (2) National Resources Conservation Service (NRCS) Method (3) Unit Hydrograph derived from locally-observed data (4) Any methodology as approved by the city engineer (b) Retention Volume Calculations. Calculations used to determine Retention Volumes including the 80th Percentile Storm Depth, Project Volume Retention Goal, Water Quality Volume, and Volumetric Runoff Coefficient shalll bel based oni methods described: int the current edition oft the Utahl Division ofWater Quality (c) Practices used for the on-site management of precipitation and specific design performance criteria shall be according to al list of approved practices provided by the Engineering Department. (d) Design Feasibility. All site designs shall be within feasibility constraints as determined by the City Engineer.. Al list of feasibility constraints willl be provided by the Engineering Department. Ifthes standard to control runoff volume on a site is not feasible due to constraints, then said standard must be met to the maximum extent feasible and an alternative treatment design shall be provided for all runoff (e) Soils Information: If a storm water management control measure fundamentally depends on the hydrologic properties of soils (e.g., infiltration basins), then a soils report shall be submitted. The soils (d) Maintenance Agreements. All storm water treatment facilities shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. The agreement shall include: publication: A Guide to. Low Impact Development within Utah, under said standard that is not controlled on site. report shall be based on on-site boring logs or soil pit profiles and soil survey reports. (1). Provisions allowing for access, inspections, and corrective action (2) Provisions for the Engineering Department to notify the responsible party if storm water facilities are: found to contain any defects or are not being adequately maintained;. (4) Provide that if the property is not maintained or repaired within the prescribed schedule, the City Engineer may perform the maintenance and repair at its expense, and assess the owner(s) oft the facility for the cost of necessary work and any penalties; and (5) Any other provisions necessary to accomplish the goals of this Chapter as determined by the City Engineer. 6-15-118. Storm Water Discharge Permit Waiver. (a) Every applicant shall provide for storm water management as required by this chapter unless a written request is filedt to waivet this requirement ora anyp part thereof. Requests to waive the storm waterr management (b) The minimum requirements for storm water management may be waived in whole or in part upon written: request ofthe applicant, provided that atl least one of the following conditions applies: requirements shall be submitted to the City Engineer for approval. (1) It can be demonstrated that the proposed development is not likely to impair attainment ofthe (2) Provisions are made to manage storm water by an off-site facility. The off-site facility is required tol bei inj place, tol be designed and adequately sized toj provide al level ofstorm water control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long-term operation and maintenance oft the facility. objectives oft this ordinance. (c) In instances where one of the conditions above applies, the City Engineer may grant a waiver from strict compliance witht theses storm water management provisions, as long: as acceptable mitigation measures arej provided. However, tol be eligible for a waiver, the applicant must demonstrate to thes satisfaction of the City Engineer that the waiver will not result in thei following impacts to downstream waterways: (1) Deterioration of existing culverts, bridges, dams, and other structures; (2) Degradation of biological functions or habitat; (3) Accelerated streambank or streambed erosion or siltation; (4) Increased threat offlood damage to public health, life, property (d) Furthermore, where compliance with minimum requirements for storm water management is waived, the applicant will satisfy the minimum requirements by meeting one ofthe mitigation measures selected by the city. Mitigation measures may include, but are: not limited to, the following: (1) Thej purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation. These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and (2) The creation ofa storm water management facility or other drainage improvements on previously developed properties, public or private, that currently lack storm water management facilities designed and constructed in accordance with the purposes and (3) Monetary contributions (Fee-in-Lieu) to fund storm water management activities such as research and studies (e.g., regional wetland delineation studies, stream monitoring studies for water quality and macroinvertebrates, stream flow monitoring, threatened and endangered species studies, hydrologic studies, and monitoring of storm water aquatic habitat, standards ofthis ordinance, management practices.) (e) Fee inl Lieu of Storm Water Management Practices. Where the Engineering Department waives all or part oft the minimum storm water management requirements, or where the waiver isl based on the provision ofa adequate storm water facilities provided downstream oft the proposed development, the applicant shall be required to pay a fee in an amount as determined by the Engineering Department. When an applicant obtains a waiver of the required storm water management, the monetary contribution required shall bei in accordance with a fee schedule (unless the developer and the storm water authority agree on a greater alternate contribution) established by the Engineering Department, and based on the cubic feet ofs storage required for storm water management oft the development in question. All of the monetary contributions shall be credited to an appropriate capital improvements program project, and shall be made by the (f) Dedication ofL Land. In lieu ofa monetary contribution, partially or totally, an applicant may obtain a waiver of the required storm water management by entering into an agreement with the City Engineer for the granting of an easement or the dedication ofl land by the applicant, to be used for the construction of an off-site storm water management facility. The agreement shall be enteredi into byt the applicant and the City Engineer prior tot the recording of plats or, ifr no record plat is required, priort tot thei issuance oft the building developer prior to the issuance of any building permit for the development. permit. 6-15-119. Review and Approval (a) The Engineering Department will review each application to determine its conformance with the provisions oft this regulation. Within 30-14 days after receiving an-a complete application, the Engineering Department shall, in writing: (1) Approve the permit application; (2) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these (3) Disapprove the permit application, indicating the reason(s) and procedure for submitting a conditions; or revised application and/or submission. (b) Failure of the Engineering Department to act on an original or revised application within the specified time period shall authorize the applicant to proceed in with the plans as filed unless such time is extended by agreement between the applicant and the Engineering Department. 6-15-120. Inspection (a) Field: inspections shall be conducted by the Engineering Department or other designated agent as outlined in thei inspection eheellis-procedure provided by thel Engineering Department. (b) Where it is necessary to make an inspection to enforce the provisions oft this ordinance, or where the City Engineer has reasonable cause to believe that there exists upon a premises a condition which is contrary to ori in violation ofthis ordinance the City Engineer or designeei is authorized to enter thej premises at reasonable times to inspect or to perform the duties imposed by this ordinance, provided that ifs such premises be occupied that credentials bej presented to the occupant and entry requested. Ifsuch premises be unoccupied, the City Engineer shall first make ai reasonable effort to locate the owner or other person having charge or control oft the premises and request entry. Ifentry is refused, the City Engineer shall have recourse to the remedies provided by law to secure entry. 6-15-121. As] Built Plans All applicants are required to submit actual "as built" plans for any storm water management practices located on-site after final construction is completed. Thej plan must show thei final designs specifications and maintenance requirements for all storm water management facilities andi must be certified by aj professional engineer. A final inspection by the Engineering Department is required before the release of any performance securities can occur. 6-15-122. Enforcement (a) Stop-Work Order; Revocation of Permit. Ini the event that any person holding al building permit or site development permit pursuant tot this ordinance violates thet terms oft thej permit ori implants site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site se-or as tol be materially detrimental toi thej public welfare, environment, or injurious to property or improvements in the neighborhood, the Engineering Department may suspend or revoke thes site development permit and/or building permit, Ifcause for permit suspension orr revocation is a storm water discharge permit violation that does not pose an immediate or imminent threat to water quality, the Engineering Department must first follow an enforcement procedure which includes providing notice of the violation and opportunity to correct it before suspending or revoking the (b) Violation and Penalties. Whenever the Engineering Department finds that aj person has violated a prohibition or failed to meet al requirement ofthis Ordinance, the: authorized enforcement agency: may order compliance by written notice tot thei responsible person or property owner. Such notice may require, without site development permit and/or building permit.- limitation: (1) The performance of monitoring, analyses, and reporting; (2) The elimination of illicit connections or discharges; (3) That violating discharges, practices, or operations shall cease and desist; (5) Payment ofaf fine to cover administrative andi remediation costs; and (6) The implementation ofs source control or treatment BMPS. (4) The abatement or remediation ofs storm water pollution or contamination hazards and the restoration of any affected property; (c) Any person violating any of the provisions of this ordinance shall be deemed guilty ofa Class C misdemeanor and each day during which any violation of any of the provisions of this ordinance is (d). Any work done or condition created or allowed, in violation of this ordinance is hereby declared to be committed, continued, orj permitted, shall constitute a separate offense. ap public nuisance, which may be abated by a civil legal action by the City Attorney. 6-15-123. Appeals Any enforcement action taken by the City Engineer according to this Chapter may be appealed to the City Manager by filing a written notice of appeal within ten days of the action ofthe City Engineer. The City Manager shall hear such appeal, and render his/her decision within 14 days following notice ofs such appeal. - Chapter 15: Storm Water Management 6-15-101. Purposes and objectives. Thej purpose oft this chapter is to protect the health, safety and welfare oft the City and its inhabitants by improving the City's storm sewer-dminagesystem, managing and controlling storm water runoff, protecting property, preventing polluted water from entering the City'ss storm water-drainage system and etherpublic receiving waters as required by federal and state law. The objectives oft this chapter are to: (a) Provide and maintain an adequate Municipal Separate Storm Sewer System (MS4) for handling storm (b) Provide fair, equitable and non-discriminatory rates for using the storm drainage system which user fees will generate sufficient revenues for operating, improving and maintaining the storm drainage utility water runoff. adequately. Rates shall be applied consistently for the same class ofo customers. (c) Establish a policy that fees should be set after considering such factors as: (7) Intensity of development of land parcels; (8) Types of development on land parcels; (9) Cost ofi maintaining, operating, repairing and improving the system; (10) Quantity and quality oft the run-off generated; (11) Public health, safety and welfare; and, (12) Any other factors that should be considered. (d) Regulate the contribution of pollutants to the MS4 by storm water discharges by any user (e). Prohibit illicit connections and discharges to thel MS4 activity that results in the movement of soil on land within the city (f) Guide, regulate and control the design, construction, use, and maintenance ofany development or other (g) Minimize increases ini non-point source pollution caused by storm water runoff from development which (h) Reduce storm water runoff: rates and volumes, soil erosion and non-point source pollution, wherever possible, through storm water management controls and to ensure that these management controls are (i) Establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary would otherwise degrade local water quality properly maintained andj pose no threat to public safety to ensure compliance with this chapter. 6-15-102. Definitions. the context implies. Where terms are not defined by this section, such terms shall have ordinarily accepted meanings such as For thej purpose of this ordinance, the following terms, phrases and words shall mean: "Authorized Enforcement Agency" - Employees or designees of the director of the municipal agency "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 State. BMPs also include treatment requirements, operating procedures, educational activities, and practices to control plant site runoffs spillage designated to enforce this chapter. or leaks, sludge or waste disposal, or drainage from raw material storage. "City" - Bountiful City, ai municipal corporation oft the State of Utah. "City Engineer" - means the City Engineer or his/her authorized representatives. "Clean Water Act" - The federal Water Pollution Control Act (33 U.S.C. $ 1251 et seq.), and any "Construction Activity"- Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to Conveyanee-sysient Any-ehanme-erpeletnsamddietingtthe-stem-water: subsequent amendments thereto. clearing and grubbing, grading, excavating, and demolition "County"- Davis County "Council". - Bountiful City Council "Culvert" - A covered channel or large diameter pipe that directs water flow below the ground surface. "Customer" or "Person" - Any individual; public or private corporation and its officers; partnership; association; firm; trustee; executor ofa an estate; the State ori its departments, institutions, bureaus, agencies; county; city; political subdivision; or any other governmental or legal entity recognized by law. Degradation" - (Biological or chemical) Thel 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) Thel lowering of the water quality ofa watercourse by an "Design Storm" - A theoretical selected storm event that is used as a basis for design, defined in increase in the amount of pollutant(s). terms oft the probability ofc occurrence over time. "Discharge"- to dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, orj placed by any means any solid or liquid matter into thel MS4.. "Drainage"- Refers to the collection, conveyance, containment, and/or discharge of surface and storm "Equivalent Residential Unit (ERU)"- An ERU is equal to 3,828 square feet ofi impervious surface area. This is based on as single-family residential parcel inl Bountiful City, which has an average of3,828 square "Erosion" - The wearing away ofl 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 water runoff. feet ofimpervious surface according to a study completed in April 2000. development, road building, or timber-cutting. "Fill" - A deposit ofe earth material placed by construction activity. "General Permit" - Aj permit issued under the UPDES program to cover a class or category ofs storm water "Grading" The cutting and/or filling oft the land surface to a desired slope or elevation. discharges. "Hazardous Waste"- By-products ofs society that can pose: a substantial or potential hazardi tol human health ort the environment when improperly managed. Possesses at least one of four characteristics (flammable, "Tllicit Connection"- Any physical connection to aj publicly maintained storm drain system which has not been permitted by thej public entity responsible for the operation and maintenance oft the system. "Impervious Surface"- A surface which prevents or retards the infiltration ofwater. corrosivity, reactivity, or toxicity), or appears on special EPA lists. Infiltration"- The downward: movement of water from the surface to the subsoil. The: infiltration capacity ise expressed: in terms ofinches/hour. "Inlet" - An entrance into a ditch, storm sewer, or other waterway. "Mitigation" - Storm water control facilities located on aj parcel, which either hold runoff for a short period of time before releasing it to the storm drainage system, or hold water until it evaporates or infiltrates into "Municipal Separate Storm Sewer System (MS4)" - A municipally owned and operated storm water collection system that may consist of any or all oft the following: curb & gutter, drainage swales, piping, ditches, canals, detention basins, inlet boxes, or any others system used to convey storm water that discharges into canals, ditches, streams, rivers, or lakes not owned and operated by that municipality. "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 "Non-point Source"- A group of diffuse sources of storm water runoff (not a single location such as a pipe) such as agricultural or urban land from which pollutants are or may be discharged. "Off-site"- Any area lying upstream of the site that drains onto the site and any area lying downstream the ground. fluctuations. of the site to which the site drains. "On-site"- - The entire property that includes the proposed development. "Parcel"- The smallest, separately segregated unit of land having an owner. A parcel has boundaries and "Plat"- - A map or representation ofas subdivision showing the division ofa tract or parcel ofl landi into lots, "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 ofai 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; sediment, 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 "Receiving Waters" - Bodies ofwater or surface water systems receiving water from upstream constructed Retention". - Thel holding ofrunoffin al basin without release except by means ofe evaporation, infiltration, surface area, andi is documented with aj property number by the County. blocks, streets, or other divisions and dedications. kind. (or natural) systems. or emergency bypass. "Riparian"- A relatively narrow strip ofl land that borders a stream or river. "Runon"- Storm water surface flow or other surface flow which enters property other than that where it "Runoff"- That part of precipitation, snow melt, or irrigation water that runs off the land into streams or "Single-Family Residential Parcel" - Any parcel ofl land containing a single-family dwelling unit. "Source Control" - Aj practice ors structural measure toj prevent pollutants from entering storm water runoff "Storm Drainage FaellitiesFacility" - Any facility, improvement, development, or property made for "Storm Drainage System" - All man-made storm drainage facilities and conveyances, and natural storm water drainage channels owned or maintained by the City that store, control, treat, and/or convey storm "Storm Drainage Utility" or "Utility" - The utility created by this ordinance, which operates, maintains, regulates, and improves storm drainage facilities and programs within Bountiful City. "Storm Water"-F Runoff produced by precipitation events and snowmelt. originated. other surface water. or other environmental media. controlling storm water quantity and quality. water. "Storm Water Pollution Prevention Plan (SWPPP)" - The set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of storm water runoff toj pre- "Swale"- An elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated, andi is normally without flowing water. Swales direct storm water flows intoj primarily drainage channels and allow some ofthe storm water to infiltrate into the ground surface. "Treatment Control BMP"- A BMP that isi intended to remove pollutants from storm water. "Undeveloped Parcel" - Any parcel that has not been altered by grading, filling, or construction. "UPDES_(Utah Pollutant Discharge Elimination System)" - means the State-wide program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under the Utah Water Quality Act (Title 19, Chapter 5, Utah Code Annotated). UPDES is described int the Rules of the Utah. Administrative Code R317-8. "Waters ofthe State"-A Alls streams, lakes, ponds, marshes, water-courses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state ofUtah or any portion thereof, except that bodies of water confined to and retained within the limits of private property, and which do not develop into or constitute a "Wetland" - 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: development levels during and after construction. nuisance, or aj public health hazard, or ai menace to fish and wildlife. swamps, bogs, marshes, and estuaries. 6-15-103. Storm Drainage Utility Created. (a) There is hereby created and established a Bountiful City Storm Drainage Utility. All storm drainage facilities owned by the City constitute the physical assets oft the Bountiful Storm Drain Utility. The City Engineer shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the City may! be delegated by the City Engineer to persons or entities acting The standards set forthl herein andj promulgated; pursuant tot this ordinance are minimum standards; therefore this ordinance does noti intend nori imply that compliancel by any person will ensure compliance with federal regulations, or that there will be no contamination, pollution, nor unauthorized discharge of pollutants. (b). Responsibility of Administration. in the beneficial interest of or in the employ oft the City. (c) Ultimate Responsibility. 6-15-104. City Storm Drainage Utility facilities and assets. The Utility shall operate, maintain, and improve all existing City storm drainage facilities used for the conveyance of storm waters, through, under or over lands or watercourses, beginning at aj point where the storm waters first enter the storm drainage system of the city and ending in each instance at aj point where the storm waters exit from the system. However, the utility does not include goyemment-owned streets or those facilities operated and maintained by or for the County or the State ofUtah. 6-15-105. System of rates and charges. (a) Service fees imposed. The City will by resolution oft the City Council impose storm drainage fee rates and charges on each parcel of real property within the City except govemmentaly-owned streets. The charges shall fund the administration, planning design, construction, water quality programming, operation, maintenance and repair of existing and future storm water facilities. (b) Method of determining contribution of storm water. (1) Contributions ofstorm water from non-residential parcels and residential parcels larger than four-unit buildings have been ascertained through aerial photography and by evaluating land surface and measuring the amount ofi impervious surface. (2) Contributions of storm water from residential parcels up to and including four-unit buildings have been ascertained by sampling the amount of residential impervious areas. (c) Storm drainage service fees shall be assessed on each parcel ofreal property within the City (including City-owned properties), except govemment-owned streets and City storm water facilities. Service fees shall be established by resolution of the City Council and may be differentiated according to the following Residential parcels: Single-family: residential parcels shall constitute one. ERU per month. Undeveloped parcels: Undeveloped parcels shall have no charges assessed. classifications: Other parcels: Charges for all other parcels shall be computed by multiplying the total ERUS for aj parcel by thei monthly rate. Total ERUS are calculated' by dividing total square feet ofir impervious surfacel by 3,828 Credit for on-parcel mitigation: Non-residential parcels with mitigating storm water facilities, e.g. approved on-site detention/retention of storm water, approved discharge of storm water through a sewer connection or other approved and complete on-site detention methods that meet the City's design and maintenance standards may be eligible for a service fee credit. The parcel's owner or agent must make application for this credit tot the City Engineer. The amount of credit is based on the following formula: (one ERU), rounded to the nearest half or whole number. P-50-+50(Q/Qp) Formula symbols have the following meaning: P= Percentage ofs storm drainage fees to be applied to thej parcel 50= Percentage representing Utility's fixed operation and maintenance costs 50= Percentage representing costs for Utility's capital improvement program Qr= Restricted storm water discharge from a parcel Qp= Peak storm water discharge from the same parcel that would result if the mitigating The City) Engineer may, ifr requested, provide a complete on-site mitigation evaluation at the expense oft the Credit for regional storm water mitigation: Non-residential parcels with mitigating storm water facilities, that serve the City's regional storm water needs as prescribed by the storm water master plan and utilizing methods that meet the City's design and maintenance standards, may be eligible for a service fee credit. The credit may be granted if property owners have not already been compensated for or agreed to construct thei facilities as part the development process. Thej parcel'so owner or agent must make application facilities were noti inj place. parcel's owner or authorized: agent. fort this credit to the City Engineer. Ifai request for mitigation credit is granted, the credit shall be applied to all charges from the time oft the appealed billing, and will be reflected on the next billing thirty days after appeal is granted. Credit for maintenance of long-term storm water controls: Non-residential properties with long-term storm water controls or measures that meet the city's standards for reducing storm water runoff pollution may be eligible for a service fee credit ofupt to 20%. The credit may be granted ifthe storm water controls are kepti in effective operating condition as shown by an annual inspection report that must bej provided to the city. Thej parcel's owner or agent must make application for this credit to the City Engineer annually. Lowi income relief: A single family residential parcel owner who qualifies for the City's lowi income relief, as determined by resolution oft the City Council and set forth in the fee schedule, may also be eligible fora a reduction in the service charge for their parcel. 6-15-106. Billing and collection. (a) Utility Enterprise Fund - This ordinance creates the Storm Drainage Utility Fund. All revenues received from storm drainage user: fees shall be placed in the enterprise fund as a designated: fund, to be left separate and apart from all other City funds. The collection, accounting, and expenditure ofall storm water (b) Billing = The City shall bill property owners for storm drainage utility services. Billing amounts shall bei included as a separate line item on utility bills. A billing will also be sent to owners of parcels within (c) Collection - Partial payments on a combined utility bill shall be applied consistent with the billing procedures established by the City. Fees and charges shall be considered delinquent if not paid as determined by the procedures established by the City and will be a debt to the City, which shall be subject to1 recovery in a civil action. Pursuant to 10-8-38 Utah Code Ann., the City may cause the water service to the property to be shut off for failure to pay for the storm drainage service furnished, as set forth on the utility funds shall be in accordance with the Utah Uniform Fiscal Procedures Act. the city who are: not City utility customers. billing. 6-15-107. Appeal of charges. (a) Any non-residential customer who disagrees with the storm drainage user: fee for his or her parcel may apply to the City Engineer for a user fee adjustment. The adjustment request must state the grounds for adjustment and must be filed in writing with the City Engineer no later than thirty days after receipt of billing. The City Engineer shall review thei request and basis for user charges to determine whether an error (b) An appeal ofa City Engineer's decision may be brought before the City Manager within thirty days after the date oft the City Engineer's decision. The decision oft the City Manageri is final and conclusive. If an appeal ofc charges is successful, credit willl be applied to all charges from the time ofthe appealed billing, was madei in the calculation or application oft the fee. and will be reflected on ai future billing after the appeal is granted. 6-15-108. Prohibitions. Itis unlawful for any person to: (a) Track mud or sediment onto public streets by construction or delivery vehicles. Provisions shall be (b) Washout concrete trucks at sites other thanj pre-approved designated areas. Dumping ofexcess concrete made at all construction sites to clean the vehicles before vehicles leave the site. shall not be allowed. (c) Stockpile construction or yard improvement materials or debris in the street or in the gutter. This includes but is not limited to ramps being constructed for temporary access across the existing curb and gutter; stockpiling oft topsoil or other fill material; stockpiling of sand, gravel, landscape rock, bark, mulch or any other material that may be considered as source of pollution in the storm water system. 6-15-109. Illicit discharges. (a) No person shall discharge or cause or allow tol be discharged into the municipal storm drain system or watercourses any materials, including but not limited toj pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. (b) The commencement, conduct or continuance ofa any discharge to the storm drain system is prohibited except as described as follows: (18) water line flushing or other potable water sources, (19) landscape irrigation or lawn watering, (20) diverted stream flows, (21) rising ground water, (22) ground water infiltration to storm drains, (23) uncontaminated pumped ground water, (24) foundation or footing drains, (25) crawl space pumps, (26) air conditioning condensation, (27) springs, (28) individual residential washing of vehicles, (29) natural riparian habitat or wet-land flows, (31) residual street wash water (32) emergency fire fighting activities, toj protect public health and safety. enforcement agency prior to the time oft the test. (30) swimming pools (if dechlorinated tol less than one. PPM chlorine), (33) discharges specified in writing by the authorized enforcement agency as being necessary (34) Dye testing is an allowable discharge, but requires a verbal notification to the authorized (c) Thej prohibition shall not apply to any non-storm water discharge permitted under a UPDES permit, waiver, or waste discharge orderi issued to the discharger and administered under the authority oft the State ofUtah, provided that the discharger is in full compliance with all requirements oft the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for (d) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless ofv whether the connection was permissible under law or practices applicable or prevailing at the time of any discharge to the storm drain system. connection. (e) This prohibition expressly: includes, without limitation, connections of sanitary sewer lines to thel MS4. (a) Owners and operators ofany development orI re-development: sites within thej jurisdictional limits ofthe City which disturb one acre or more of surface area, or are part ofa common plan of development that disturbs one acre or more and have not passed a final storm water inspection for notice oft termination are (b) No person shall be granted a storm water discharge permit without the approval ofa Storm Water (c) A storm water discharge permit will only be approved where storm drains have adequate capacity for 6-15-110. Development Storm Water Discharge Permit Required. required to obtain a Storm Water Discharge Permit from the City. Pollution Prevention Plan by the City Engineer. the accommodation of such water. (d) No storm water discharge permit is required for the following activities: (4) Any emergency activity that is immediately necessary for the protection ofl life, property, (5) Existing nursery and agricultural operations conducted as a permitted main or accessory (6) Additions or modifications to existing single-family structures unless otherwise or natural resources. use. specifically required in this chapter. 6-15-111. Permit Application Requirements (a) Application for a construction storm water discharge permit shall be filed with the City Engineer. Applicants are. required to obtain aj permit prior to commencement of work. Each permit application shall bear the name and address and contact information of the owner of the site, developer of the site, contractor(s) working at the site, and ofany consulting firm retained by the applicant. The application shall bea accompanied by a filing fee and a site specific storm water pollution prevention plan. (b) The applicant is required to file a letter of credit or cash deposit in an amount deemed sufficient by the Engineering Department to cover all costs ofimplementation andi maintenance ofthe approved Storm Water Pollution Prevention Plan including costs for improvements, landscaping, and maintenance of improvements for such period as specified by the city, and also to cover engineering and inspections costs andt the cost to repair improvements installed on the site and damaged by uncontrolled erosion ands sediment from the construction site. 6-15-112. Permit Fees. (a) The City shall charge and thel Permittee shall pay upon issuance oft the permit, fees for costs associated with the work performed under the permit. Such costs could include costs for reviewing the project and issuing the permit, inspections oft the project, deterioration ofe existing Public Improvements or diminution oft the useful life of existing Public Improvements, and other costs to the City associated with the work to be done under the permit. All costs shall be assessed in ai non-discriminatory manner. (b) The City Engineer may: reduce or waive permit fees or penalties or portion thereof provided for in this Chapter, when he/she determines that such permit fee or penalty: (1) pertains to construction or rehabilitation of housing for Persons whose income is (2) pertains to work by a contractor on City owned systems at the request oft the City. below the median income level for the City; or (c) Additional charges to cover the reasonable cost and expenses of any required engineering review, inspection, and work site restoration associated with each undertaking may be charged by the City to each (d) The fees structure for review of anys storm water discharge permit application shall be established by the City Engineer. All of the monetary contributions shall be credited to al local budgetary category to support local plan review, inspection and program administration, and shall be made prior to the issuance of any Permittee, in addition to the initial permit fee. permit fort the development. 6-15-113. Permit - Contents - Duration and Extensions. (a) Each permit application shall state the estimated starting and completion dates of construction. Work shall be completed within ai reasonable period of time from the starting date or as determined by the City Engineer. Such determination shall be based upon factors reasonable related to the work to bej performed under the permit. Such factors may include, ina addition to other factors related to the work to be performed, the following: (6) The scope of work to be performed under the permit; (7) Protecting existing public improvements impacted by the work; weather andi itsi impact on public safety and the environment. (8) The seasons of the year during which the work is to be performed as well as the current The City Engineer shall bei notified by the Permittee of commencement ofthe work a minimum oft twenty- four hours prior to commencing work. The permit shall be valid for the time period specified in thej permit (b) Ifthe work is not completed during such period, prior to the expiration oft the permit, thel Permittee may apply to the City Engineer for an additional permit or an extension, which may be granted by the City Engineer for good cause shown. The length ofthe extension requested by the] Permittee shall be subject to () The Storm Water Pollution Prevention Plan shall be amended as required for an extension. or as amended. the approval oft the City Engineer. 6-15-114. Permit -No Transfer or Assignment. Permits shall not bet transferable or assignable, and work shall notl be performed undera a permit in any place other than that specified in the permit. Nothing herein contained shall prevent a Permittee from subcontracting the work to be performed under aj permit; provided, however, 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 Chapter and under said permit. Subcontractors shall also be appropriately licensed, insured and bonded. 6-15-115. Storm Water Pollution Prevention Plan (a) A Storm Water Pollution Prevention plan shall be required with all permit applications providing for erosion and sediment control and storm water management during thel land disturbing activity and after the activity has been completed. The Storm Water Pollution Prevention Plan must meet the requirements of the current UPDES Storm Water General Permit for Construction Activities--Phe-Siem-WaierPollsion Prevention-PlanshalbepreperedinaserdanewiheeheeHiseprovidebythe-EngimeringDepariment Rd-PESEbe-eerteletby-aprolesiessiema-emgimeer. (b) For development or redevelopment occurring on a previously developed site, an applicant shall be required to include within the Storm Water Pollution Prevention Plan measures for controlling existing storm water runoff discharges from the site in accordance with the standards of this Ordinance. 6-15-116. Long-Term Storm Water Management Requirements Controlling Peak Runoff: from Sites. All site designs shall establish storm water management practices to control the peak flow rates of storm water discharge associated with specified design storms having a 10- year return frequency or a 25-year return frequency ifl located in the Residential Foothill subzone. These Owners and operators of development and re-development sites within the jurisdictional limits oft the City which disturb one acre or more ofs surface area, or are part ofa common plan of development that disturbs one acre or more and have not passed a final storm water inspection for notice of termination are required (a) Controlling Runoff Volume from New Development Sites. New development projects must manage on-site and prevent the off-site discharge oft the precipitation from all rainfall events less than or equal to the 80th percentile rainfall event by the use of practices that infiltrate, evapotranspire, and/or harvest (b) Controlling Runoff Volume from Redevelopment Sites. Redevelopment projects must be developed (1) There is no more than 10% increase to impervious surface area at project completion; or (2) Atj project completion the net increase in volume associated with precipitation from all rainfall events less than or equal to the 80th percentile rainfall event is managed on site by the use of (c)Additional Storm Water Designl Requirements. Storm water discharges from land uses or activities with higher potential pollutant loadings, as determined by the City Engineer, may require the use of specific structural best management practices andj pollution prevention practices based on policy established' by the City Engineer. Prior to design, applicants are required to consult with the Engineering Department to (a) Peak Runoff Calculations. Hydrologic design calculations for the pre-development and post- development conditions must show that the proposed storm water management measures are capable of controlling runoff from the site in compliance with this ordinance based on specified design storms. A description and source of all parameters used in the calculations shall be included. The calculations should practices shall mirror pre-development peak runoff from the site. to meet the following requirements: rainwater. such that either: practices that infiltrate, evapotranspire, and/or harvest rainwater. determine if they are: subject to additional storm water design requirements. 6-15-117 Storm Water Management Design Criteria be based on one oft the following: (1) Rational Method (2) National Resources Conservation Service (NRCS) Method (3) Unit Hydrograph derived from locally-observed data (4) Any methodology as approved by the city engineer (b) Retention Volume Calculations. Calculations used to determine Retention Volumes including the 80th Percentile Storm Depth, Project Volume Retention Goal, Water Quality Volume, and Volumetric Runoff Coefficient shall bel based oni methods described in the current edition ofthe Utah! Division ofWater Quality (c) Practices used for the on-site management of precipitation and specific design performance criteria shall be according to al list ofapproved practices provided by the Engineering Department. publication: A Guide to Low Impact. Development within Utah, (d) Design Feasibility. All site designs shall be within feasibility constraints as determined by the City Engineer.. A list of feasibility constraints willl bej provided by thel Engineering Department. Ift the standard to control runoff volume on a sitei is not feasible due to constraints, then said standard must be met to the maximum extent feasible and an alternative treatment design shall bej provided for all runoff (e) Soils Information: If a storm water management control measure fundamentally depends on the hydrologic properties of soils (e.g., infiltration basins), then a soils report shall be submitted. The soils (d). Maintenance Agreements. All storm water treatment facilities shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. The agreement shall include: under said standard that isi not controlled on site. report shall be based on on-site boring logs or soil pit profiles and soil survey reports. (1). Provisions allowing: for access, inspections, and corrective action (2) Provisions for the Engineering Department to notify the responsible party if storm water facilities are found to contain any defects or are not being adequately maintained;. (9) Provide that if the property is not maintained or repaired within the prescribed schedule, the City Engineer may perform the maintenance and repair at its expense, and assess the owner(s) oft the facility for the cost ofnecessary work and any penalties; and (10) Any other provisions necessary to accomplish the goals oft this Chapter as determined by the City Engineer. 6-15-118. Storm Water Discharge Permit Waiver. (a) Every applicant shall provide for storm water management as required by this chapter unless a written requesti isi filedt to waivet this requirement or any part thereof. Requests to waivet thes storm water management (b) The minimum requirements for storm water management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies: requirements shall be submitted to the City Engineer for approval. (I)It can be demonstrated that the proposed development is not likely to impair attainment of the (2) Provisions are made to manage storm water by an off-site facility. The off-site facility is requiredt tol bei inj place, tol be designed and adequately sizedt to provide al levelofstorm water control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long-term operation andi maintenance oft the: facility. objectives of this ordinance. (c) In instances where one oft the conditions above applies, the City Engineer may grant a waiver from strict compliance with these storm water management provisions, as long as acceptablen mitigation measures are provided. However, to be eligible for a waiver, the applicant must demonstrate to thes satisfaction ofthe City Engineer that the waiver will not result in the: following impacts to downstream waterways: (1) Deterioration of existing culverts, bridges, dams, and other structures; (2) Degradation of biological functions or habitat; (3) Accelerated streambank or streambed erosion or siltation; (4) Increased threat ofi flood damage to public health, life, property (d) Furthermore, where compliance with minimum requirements for storm water management is waived, the applicant will satisfy the minimum requirements by meeting one oft the mitigation measures selected by the city. Mitigation measures may include, but are not. limited to, the following: (1) Thej purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation. These lands should be located adjacent to thes stream corridor in order toj provide permanent buffer areas toj protect water quality and (2) The creation ofa storm water management facility or other drainage improvements on previously developed properties, public or private, that currently lack storm water management facilities designed and constructed in accordance with the purposes and (3)N Monetary contributions (Fee-in-Lieu) to fund storm water management activities such as research and studies (e.g., regional wetland delineation studies, stream monitoring studies for water quality and macroinvertebrates, stream flow monitoring, threatened and endangered species studies, hydrologic studies, and monitoring of storm water aquatic habitat, standards of this ordinance, management practices.) (e) Feei in Lieu of Storm Water Management Practices. Where the Engineering Department waives all or part of the minimum storm water: management requirements, or where the waiver is based on the provision of adequate storm water facilities provided downstream oft the proposed development, the applicant shall be required toj pay a fee in an amount as determined by the Engineering Department. When an applicant obtains a waiver of the required storm water management, the monetary contribution required shall be in accordance with a fee schedule (unless the developer and the storm water authority agree on a greater alternate contribution) established by the Engineering Department, and based on the cubic feet ofs storage required for storm water management of the development in question. All of the monetary contributions shall be credited to an appropriate capital improvements program project, and shall be made by the (f) Dedication ofLand. In lieu of aj monetary contribution, partially or totally, an applicant may obtaina a waiver of the required storm water management by entering into an agreement with the City Engineer for the granting of an easement or the dedication of land by the applicant, to be used for the construction of an off-site storm water management: facility. The agreement shall be entered into by the applicant and the City Engineer prior to thei recording of plats or, ifno record plati is required, prior to thei issuance oft the building developer prior to the issuance ofany building permit for the development. permit. 6-15-119. Review and Approval (a) The Engineering Department will review each application to determine its conformance with the provisions oft this regulation. Within 30-14 days after receiving an-a complete application, the Engineering Department shall, in writing: (1) Approve thej permit application; (2) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or (3) Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission. (b) Failure of the Engineering Department to act on an original or revised application within the specified time period shall authorize the applicant to proceed in with the plans as filed unless such time is extended by agreement between the applicant and the Engineering Department. 6-15-120. Inspection (a) Field inspections shall be conducted by the Engineering Department or other designated agent as outlined in thei inspection eheelkliséprocedure provided by thel Engineering Department. (b) Where it is necessary to make an inspection to enforce the provisions of this ordinance, or where the City Engineer has reasonable cause to believe that there exists upon aj premises a condition which is contrary to ori in violation ofthis ordinance the Cityl Engineer or designee is authorized to enter thej premises at reasonable times to inspect or to perform the duties imposed by this ordinance, provided that if such premises be occupied that credentials be presented to the occupant and entry requested. Ifs such premises be unoccupied, the City Engineer shall first make a reasonable effort to locate the owner or other person having charge or control oft thej premises and request entry. Ifentry is refused, the City Engineer shalll have recourse to the remedies provided by law to secure entry. 6-15-121. As Built Plans All applicants are required to submit actual "as built" plans for any storm water management practices located on-site after final construction: is completed. Thej plan must show the final design specifications and maintenance requirements for all storm water management facilities andi must be certified by a professional engineer. A final inspection by the Engineering Department is required before the release of any performance securities can occur. 6-15-122. Enforcement (a) Stop-Work Order; Revocation of Permit. Int the event that any person holding al building permit or site development permit pursuant tot this ordinance violates thet terms of thej permit or implants site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood ord development site se-or as tol bei materially detrimental tot thej public welfare, environment, or injurious to property or improvements in the neighborhood, the Engineering Department may suspend ori revoke the site development permit and/or building permit. Ifcause for permit suspension or revocation is a storm water discharge permit violation that does not pose an immediate or imminent threat to water quality. the Engineering Department must first follow an enforcement procedure which includes providing notice of the violation.and opportunity to correct it before suspending or revoking the (b) Violation and Penalties. Whenever the Engineering Department finds that a person has violated a prohibition or failed to meet ai requirement oft this Ordinance, the authorized enforcement agency may order compliance by written notice tot thei responsible person orj property owner. Such noticer may require, without site development permit and/or building permit.- limitation: (7) Thej performance of monitoring, analyses, and reporting; (8) The elimination of illicit connections or discharges; (9) That violating discharges, practices, or operations shall cease and desist; (10) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; (11) Payment ofaf fine to cover administrative and remediation costs; and (12) Thei implementation ofs source control or treatment BMPs. (c) Any person violating any of the provisions of this ordinance shall be deemed guilty of a Class C misdemeanor and each day during which any violation of any of the provisions of this ordinance is (d). Any work done or condition created or allowed, in violation oft this ordinance is hereby declared to be committed, continued, orj permitted, shall constitute a separate offense. aj public nuisance, which may be abated by a civil legal action by the City Attorney. 6-15-123. Appeals Any enforcement action taken by the City Engineer according to this Chapter may be appealed to the City Manager by filing a written notice of appeal within ten days of the action of the City Engineer. The City Manager shall hear such appeal, andi render his/her decision within 14 days following notice ofs such appeal. Adopted by the City Council of Bountiful, Utah, this 14th day of. January, 2025. Rlidaltfar Kendalyn Harris, Mayor ATTEST: FIFUL PORATE Sphic Wad Sophia Ward, City Recorder ORATED A.D.