Chapter 4-13 ILLICIT DISCHARGE AND EROSION CONTROL

The purpose of this ordinance is to protect the health, safety and welfare of Springville City and its inhabitants by improving the City’s storm sewer system, managing and controlling storm water run-off, protecting property, preventing polluted water from entering the City’s storm sewer system and other receiving waters to the maximum extent practicable as required by federal and state law. The objectives of this ordinance are:

(1) To regulate the contribution of pollutants to the City’s storm sewer system by storm water discharges by any user;

(2) To prohibit illicit connections and discharges to the City storm sewer system;

(3) To guide, regulate and control the design, construction, use, and maintenance of any development or other activity that results in the movement of earth on land within the City;

(4) To minimize increases in non-point source pollution caused by storm water run-off from development, which would otherwise degrade local water quality;

(5) To reduce the amount of storm water run-off, soil erosion and non-point source pollution, wherever possible, through storm water management controls and to ensure that these management controls are properly maintained and pose no threat to public safety;

(6) To establish a viable and fair method of financing the construction, management, operation and maintenance of the storm sewer system;

(7) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance; and

(8) To establish a penalty procedure for violation(s) of this code.

4-13-102 Definitions.

For the purposes of this ordinance, the following shall mean:

Best Management Practices (BMPs): Includes schedules of activities, prohibitions of practices, maintenance procedures, design standards, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly into the waters of the United States. BMPs also include treatment requirements, operating procedures, educational activities, and practices to control plant site run-off spillage or leaks, sludge or waste disposal, or drainage from raw material storage. A list of acceptable BMPs can be found in Springville’s Specifications and Drawings.

City: The City of Springville, Utah County, Utah.

City Engineer: The City of Springville’s Chief Engineer or his or her designee.

City Standards and Specifications: The Springville City Standard, Specifications and Drawings, as prepared by Springville City and JUB Engineers, Inc., dated April 2007, and all amendments thereto.

Clearing and Grubbing: Moving, removing, displacing and/or stockpiling, by manual or mechanical means, trees, and other vegetation and/or the top organic layer as described in the geotechnical report. In the absence of a geotechnical report the organic layer shall not be greater than eight inches (8").

De-chlorinated Water: Water with all traces of chlorine removed.

Detention: Storm water detention is temporary storage of a storm water runoff volume for subsequent release.

Detention Basin: A depression to detain or slow down the flow of storm water until downstream facilities has sufficient flow capacity to handle the flow. A detention basin consists of an inlet, an outlet, the storage basin itself and piping between. The intent of the design of the basin and its improvements are that it is to be designed and improved in such a way as to be an asset to the neighborhood and community.

Development: Any man-made change to the land, including but not limited to, site preparation, filling, grading, paving, excavation and construction of building(s) or other structures.

Discharge: The release of storm water or other substance from a conveyance system or storage container.

Disturb: To alter the physical condition, natural terrain or vegetation of land by clearing, grubbing, excavating, filling, building or other construction activity.

Drainage: Refers to the collection, conveyance, containment and/or discharge of surface and storm water run-off.

Enforcement Authority: The City Engineer, the Engineering Inspector, and other designated representatives of the City Engineer, or any duly appointed Code Enforcement Officer or police official charged with the responsibility for enforcement of the provisions of this Chapter.

Erosion: The wearing away of land surface by wind, water, ice, gravity or mechanical processes, including vehicular traffic. Erosion occurs naturally from weather or run-off but can be intensified by land-clearing practices related to farming, residential or industrial development, road building, clearing of vegetation or recreational activities including OHV use, hiking, equestrian, etc.

Fill: A deposit of earth material placed by artificial means.

Final Stabilization: All construction and disturbance activities at the site for which the land disturbance permit was issued have been completed and a uniform perennial vegetative cover with a density of seventy percent (70%) of the cover for unpaved areas not covered by permanent structures has been established or equivalent permanent stabilization measures as approved by the City Engineer have been employed.

Grading: The cutting and/or filling of the land surface to a desired slope or elevation.

Illegal Discharge: Any direct or indirect non-storm water discharge to the storm drain system, except discharges from fire fighting activities and other discharges exempted in this ordinance.

Illicit Connection: Any physical connection to a publicly maintained storm sewer system allowing discharge of non-storm water which has not been permitted by the public entity responsible for the operation and maintenance of the system.

Inlet: An entrance into a ditch, storm sewer, or other waterway.

Land Disturbance: Any disturbance of native soils, plants, or environment, including, but not limited to, clearing, grubbing, grading, excavation, filling, dredging, construction of earth-filled dams, and any other types of earthwork.

Land Disturbance Permit: The land disturbance permit required by the City in accordance with provisions of this Chapter.

Landmark Trees: Trees that have a trunk that measures over three inches (3") thick.

Limited Land Disturbance Permit: The land disturbance permit required by the City for clearing and grubbing activities.

Non-point Source: Pollution caused by diffuse sources (not a single location such as a pipe) such as agricultural or urban run-off.

NPDES (National Pollutant Discharge Elimination System): EPA’s program to control the discharge of pollutants to waters of the United States.

NPDES Permit: An authorization, license or equivalent control document issued by EPA or an approved state agency to implement the requirements of the NPDES program.

On-site: The entire property that includes the proposed development.

Pollutant: Generally, any substance introduced into the environment that adversely affects the usefulness of a resource. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Public Works Department: The Springville City Public Works Department.

Receiving Waters: Bodies of water or surface water systems that receive water from upstream constructed (or natural) systems.

Retention: The holding of run-off in a basin without release except by means of evaporation, infiltration, or emergency bypass.

Riparian: A relatively narrow strip of land that borders a stream or river.

Storm Drain: A slotted opening leading to an underground pipe or open ditch for carrying surface run-off.

Storm Sewer System: A system of surface and underground conveyance, consisting of curb and gutter, street surface, inlet and clean-out boxes, piping, open channels and detention basins, ditches, channels, storm drains, owned and operated by the City or private owners, which is designed and used to convey or collect storm water.

Storm Water: Any flow that occurs during or following any form of natural precipitation. Storm water includes only the portion of such flow that is composed of precipitation.

Storm Water Pollution Prevention Plan (SWPPP): A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm sewer systems, and/or receiving waters. This plan must be prepared prior to obtaining a land disturbance permit.

Sump: A formalized underground structure, surrounded by drain rock that acts as a detention basin to allow the slow release of water into the surrounding sub-soil. Sumps usually receive storm water runoff from paved areas such as streets, parking lots, building roofs, etc.

4-13-103 Applicability.

This ordinance shall apply to all water entering the storm sewer system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.

4-13-104 Administration.

The Public Works Department is designated as the responsible department, with the City Engineer as the official responsible for the administration of this Chapter. The City Engineer may delegate any or all administrative duties provided herein as deemed necessary.

4-13-105 Conflict.

In the event of a conflict between the terms of this Chapter or any other law, ordinance or rule, the more restrictive provision shall apply.

Article 2 – Illicit Discharge

4-13-201 Prohibited Obstructions.

(1) Unlawful Obstructions. It is unlawful for any person to:

(a) Obstruct the flow of water in the storm sewer system;

(b) Contribute to the obstruction of the flow of water in the storm sewer system;

(d) Operate any vehicle so as to track or drop mud, stones, dirt, concrete, gravel, sand, bark or other similar material onto public streets. It shall be the duty of the driver of a vehicle who unlawfully drops or deposits mud, stones, concrete, gravel, sand, bark or other similar material or permits the load or any portion thereof to be dropped or deposited upon any street or other public place to immediately remove the same or cause it to be removed. It shall be the duty of the driver of any vehicle to clean the tires and vehicle undercarriage of dirt or debris before the vehicle enters onto a paved surface public right of way;

(e) Discharge waste concrete or concrete truck rinse water except into pre-approved discharge facilities or designated areas. Dumping of excess concrete shall not be allowed; or

(f) Stockpile construction or yard improvement materials or debris in the street or in the gutter unless being stored in a self-contained storage unit that has been pre-approved by the Public Works Department. This includes, but is not limited to, ramps being constructed for temporary access across the existing curb and gutter; stockpiling of topsoil or other fill material; stockpiling of sand, gravel, landscape rock, bark, mulch or any other material that may be considered a source of pollution to the storm water system. An exception to this prohibition must be expressly granted to the applicant in the approved land disturbance permit. All other persons or entities, where a land disturbance permit is not required, desiring to create a temporary ramp for construction, landscape, or other purposes, may use a gravel ramp of one inch (1") gravel or larger, in combination with a mechanism approved by the City Engineer for seeing that the gravel does not enter into the City’s storm drain system. The ramp shall be removed immediately after the development activity ceases or upon notice from the City to do so, whichever occurs first.

(2) Exceptions. The following obstructions are exempt from the prohibitions of this section:

(a) Street and/or storm sewer improvement projects authorized by the City;

(b) Flood control and prevention activities performed by the City;

(d) Obstructions occurring during clean-up periods established by the City, provided that the materials are placed according to City directions and do not obstruct drain inlets.

(3) Owners shall be given a reasonable time, not to exceed forty-eight (48) hours – unless written approval with conditions for a longer period of time is granted by the City, in order to clean up any obstructions under subparagraph (1)(d) and (1)(f) that are caused by a commercial entity. This Section shall not limit or prohibit the City’s enforcement of all available remedies and enforcement powers against any commercial entity for obstructions caused under subsections (1)(d) and (1)(f).

4-13-202 Prohibited Discharges.

(1) Illicit Discharges. No person shall discharge or cause to be discharged into the City storm sewer 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.

(2) Exceptions. The following discharges to the storm sewer system shall not be considered to be illicit discharges and shall be exempt from the prohibitions of this section:

(a) Discharges regulated under a valid National Pollutant Discharge Elimination System (NPDES) storm discharge permit, provided that the discharge complies with the terms of the permit.

(b) Discharges from water line flushing performed by the City;

(d) Discharges from non-commercial car washing;

(e) Discharges from air conditioning condensation;

(f) Discharges from fire fighting or emergency management activities;

(g) Discharges of de-chlorinated water from swimming pools;

(h) Discharges from foundation drains, footing drains, or crawl space or basement pumps if the discharges have been approved in writing by the City; and

(3) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

4-13-203 Drinking Water Protection.

All storm water and non-storm water discharges shall comply with the City’s drinking water source protection ordinance.

4-13-204 Notification of Illicit Discharge.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm sewer system or water of the United States said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Springville City Public Works Department, 50 South Main Street, Springville, Utah 84663 within three business days of the phone notice.

4-13-205 Damage to Storm Sewer System or Irrigation Lines.

Any person who damages any portion of the storm sewer system, a City-owned irrigation line, or a City maintained irrigation line shall be responsible for repairing the damages. The damages shall be repaired by a licensed contractor bonded to do work in the City and shall be repaired in accordance with the City’s Construction Standards and Specifications. It is unlawful to remove or alter any portion of the storm sewer system without permission from the Director.

Article 3 – Land Disturbance Permits – Construction Activity

4-13-301 Land Disturbance Permit Required.

Except as otherwise provided herein, no person, developer, builder, contractor, shall cause to be commenced or performed any land disturbance, grading, relocation of earth, or any other land disturbance activity, and no person shall import or export any earth materials to or from any site, without first obtaining a land disturbance permit. No land disturbance permit shall be issued for any site or project requiring site plan approval until and unless a final site plan has been approved by the City, for the site or project, and no land disturbance permit will be issued for any site or project requiring subdivision approval until and unless the final subdivision plat has been approved by the City and recorded for the site or project.

4-13-302 Limited Land Disturbance Permit.

(1) Notwithstanding the provisions of Section 4-13-301, a land disturbance permit limited to clearing and grubbing activities may be issued by the City for a development project for which final site plan or final subdivision approval has not yet been granted or the final subdivision plat has not yet been recorded, provided that final application has been made and final engineering plans have been reviewed, signed by the City Engineer or designated representative, and released for construction.

(2) The following shall be required to be submitted to, and receive approval from, the City Engineer prior to issuance of a limited land disturbance permit:

(a) Preliminary title report, in a form satisfactory to the City Engineer and City Attorney, evidencing that the Developer is the vested owner of the property to be cleared and grubbed.

(b) A separate set of engineering drawings and specifications which define the nature, extent and location of the clearing and grubbing activities to be performed. These drawings and specifications shall include a storm water pollution prevention plan (SWPPP) and revegetation plan, which meet the City’s standards and ordinances.

(c) Payment for the review and processing of the limited land disturbance permit, and estimated payment for inspection of the clearing and grubbing activities. Developer will be invoiced for the City staff time required to review and inspect the clearing and grubbing activities.

(d) Separate revegetation and restoration bond(s) for the clearing and grubbing work and site restoration work to be performed, to ensure that final stabilization of the site will be achieved.

(e) The Developer and Contractor must provide written verification that indicates that each understands and agrees to the following: i) the land disturbance permit for clearing and grubbing limits the work to that identified on the separate set of engineering drawings and specifications submitted and approved for clearing and grubbing; ii) work will be stopped if it exceeds that identified in the clearing and grubbing plans and specifications; and iii) Developer and Contractor will be jointly and severally responsible and liable for any damages caused by exceeding the scope of the clearing and grubbing plans and specifications. Developer and Contractor shall further warrant that they have received all applicable local, State and Federal permits for the work.

(3) If the Developer or Contractor fail to comply with the provisions of the limited land disturbance permit, including but not limited to expansion of work beyond that identified in the limited land disturbance permit, the City may proceed with any enforcement provisions available under this Chapter.

4-13-303 Exemptions.

The following activities do not require a land disturbance permit of any kind. Activities exempted from the land disturbance permit requirements set forth herein are subject to and shall be performed in accordance with the City Standards and Specifications and all other applicable ordinances, rules, regulations, standards and specifications of the City, State and Federal governments.

(1) Actions by a public utility, the City, or any other governmental entity to remove or alleviate an emergency condition, including the restoration of utility service or the reopening of a public thoroughfare to traffic;

(2) Actions by any other person when the City determines, and documents in writing, that the actions are necessary to remove or alleviate an emergency condition;

(3) Construction activities disturbing less than 500 square feet of land surface area;

(4) Residential landscaping activities disturbing less than 10,000 square feet of land surface area that are performed by the owner of the property;

(5) Residential landscaping activities disturbing less than 7,000 square feet of land surface that are performed by a commercial entity.

(6) Residential gardening;

(7) Bona fide agricultural and farming operations, provided that the agricultural and farming operations constitute the principal use of the parcel and provided that such use of the parcel does not conflict with the City’s zoning ordinance;

(8) Springville City capital improvement projects, provided that storm runoff control measures are included in the bid specifications and plans for the special improvement project; and

(9) Mowing, brush clearing, tree cutting or similar activities which do not grade, dig, excavate or otherwise remove or kill the surface growth and root system of the ground cover.

4-13-304 Application for Land Disturbance Permit.

Application for a land disturbance permit shall be filed with the City Engineer on forms furnished by the City for such purpose and shall be filed at least thirty (30) days prior to the consideration of final site plan or subdivision approval. Applications shall include all the plans, specifications, reports, documentation and information required herein. Three (3) sets of all required plans, specifications and reports shall be submitted with each application. All such plans, specifications and reports shall be prepared and signed by a civil engineer, soils engineer, engineering geologist and/or landscape architect, as required by this Chapter and the City Standards and Specifications. Additional experts in applicable field should be utilized for preparation of such documents and reports as appropriate. No application shall be processed until all required plans, specifications, reports, documentation and information have been received by the City in accordance with the provisions and requirements of this Chapter.

4-13-305 Plans and Specifications.

Each application for a land disturbance permit shall include the following plans, specifications, reports, documentation and information:

(1) A vicinity sketch or other data adequately indicating the site location;

(2) The property lines and dimensions and bearings of the property on which the work is to be performed;

(3) The location of any existing buildings or structures on the property where the work is to be performed and the location of any building or structure on the land of adjacent property owners, which building or structure is within fifty feet (50’) of the property boundary;

(4) The location of landmark trees as indicated by the designation of the location of the center of the trunk;

(5) Accurate topography showing suitable contours of the existing and proposed ground elevations. The contours shall be extended past the boundary lines of any project for a minimum of one hundred feet (100’). The City Engineer may require the contours to be extended to include watershed areas and all other areas influencing the proposed project or site;

(6) The elevations, dimensions, locations, extent, and slopes of all proposed land disturbance activities shown by contours or other means;

(7) A certification, by a soils engineer, of the quantity and type of material of any proposed excavation and fill;

(8) The estimated starting and completion dates for the proposed land disturbance activities and proposed land disturbance activities schedule and permit term;

(9) Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff of the area served by the drains. All hydrologic and hydraulic calculations shall be signed by a civil engineer;

(10) Temporary construction entrance and exit plan;

(11) An indication as to the type of structure(s) to be constructed or the proposed use of the site, such as single-family residence, multiple-family development, commercial, or industrial; and

(12) Any additional plans, drawings, or calculations required herein or by the City Engineer.

4-13-306 Storm Water Pollution Prevention Plan (SWPPP).

Unless an application of waiver is obtained in accordance with the provisions of this Chapter, each application for a land disturbance permit shall include a SWPPP. A SWPPP shall include sufficient information to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing storm water generated at the project site. The intent of this planning process is to determine the type of storm water management measures necessary for the proposed project, and ensure adequate planning for management of storm water run-off from future development. A SWPPP shall include the following plans and reports.

(1) Grading plan prepared and signed a civil engineer.

(2) Drainage Plan – Each SWPPP shall include a drainage plan for the proposed land disturbance activity and site. The drainage plan shall be prepared by a civil engineer.

(3) Rear and Side Lot Drainage Swales – Swales located in rear and side yards shall be part of the grading and drainage plan.

(4) Erosion and Sediment Control Plan – Each SWPPP shall include an erosion and sediment control plan for the proposed land disturbance activity and site. The erosion and sediment control plan shall be prepared by a civil engineer.

(5) Revegetation Plan – Each SWPPP shall include a revegetation plan for the proposed land disturbance activity and site. The revegetation plan shall be prepared by an erosion control specialist or professional of comparable.

(6) Soils Report – Each SWPPP shall include a soils report for the site. The soils report be prepared and signed by a soils engineer.

(7) Geological Report – When deemed necessary by the City Engineer due to the circumstances and conditions of the site, a SWPPP shall include a geological report for the site. The geological report, when required, shall be prepared and signed by a engineering geologist.

(8) Exploratory Work – Surface and subsurface exploratory work and reports may be required when deemed necessary by the City Engineer due to site conditions and/or hazards on the site. When required, such exploratory work and reports shall be performed and prepared by a soils engineer and/or engineering geologist.

(9) BMPs – Each SWPPP shall include a description of the types of temporary and permanent non-structural and structural BMPs that will be used.

(10) Previously Developed Site – For development or redevelopment occurring on a previously developed site, an applicant shall be required to include within the storm water management plan measures for controlling existing storm water runoff discharges from the site in accordance with the standards of this ordinance to the maximum extent practicable.

4-13-307 Application Waiver.

The City Engineer may waive any application requirement, plan, specification or report when deemed unnecessary for the proposed application and for good cause showing. A request for an application waiver shall be submitted by the applicant in writing setting forth the grounds and reasons for the waiver. An application shall not be deemed complete for purposes of the filing of a completed application until the City Engineer has approved the application waiver request. Failure of the City Engineer to approve the request within sixty (60) days shall be deemed a denial.

4-13-308 Fees.

All applicable fees shall be paid by applicant with the filing of an application for a land disturbance permit. An application will not be deemed complete until the required fees have been received by the City. The fee amount shall be as adopted by City Council.

4-13-309 Review and Approval.

The City Engineer shall review the application, plans, specifications, reports, documentation and information filed by an applicant for a land disturbance permit. If the City Engineer determines that the application is incomplete, or that additional information is needed from the applicant regarding the proposed land disturbance activities, the City Engineer shall notify the applicant in writing of such deficiencies or the need for additional information. The City Engineer may also request review of the application, plans and specifications by other departments of the City for compliance with the laws and ordinances under their jurisdiction. Once satisfied that the work described in an application for land disturbance permit and the plans and specifications filed with the application conform to the requirements of this Chapter and other pertinent laws and ordinances, all applicable fees have been paid, and all required bonds have been provided, the City Engineer may issue a land disturbance permit to the applicant.

4-13-310 Issuance.

The City Engineer shall provide the applicant with a written decision, within ten (10) days of final site plan or subdivision approval, regarding the approval or denial of the application for land disturbance permit and related plans and shall provide the applicant with a copy of such decision. If the application is approved, a copy of the land disturbance permit will be provided to the applicant.

4-13-311 Conditions of Approval.

In granting any land disturbance permit pursuant to the provisions of this Chapter, the City Engineer or his or her authorized representative may attach such conditions as may be reasonably necessary to protect public health and safety. Such conditions may include, but will not be limited to:

(1) The improvement of any existing site condition to conform to the standards of this Chapter;

(2) Requirements for fencing excavations or fills which would otherwise be hazardous; and

(3) Requirements for access and haul routes. The City Engineer may impose conditions to the land disturbance permit with respect to access or haul routes to and from land disturbance activity sites, the hours of work, methods of controlling dust, and safety precautions involving pedestrian or vehicular traffic as determined required in the interest of the public health, safety and welfare.

4-13-312 Denial of Land Disturbance Permits.

(1) A land disturbance permit shall not be issued in any case where it is determined by the City Engineer that the work proposed by the applicant is hazardous, or is likely to endanger any private property, result in the deposit of debris on any public way, or interfere with any existing drainage course.

(2) A land disturbance permit shall not be issued if the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property as determined by the City Engineer.

(3) A land disturbance permit shall not be issued if the proposed land disturbance activity would not comply with the requirements of an approved site plan, subdivision plat, or any provisions of law, including the provisions of this Chapter.

4-13-313 Approved Plans.

Prior to issuance of the land disturbance permit, the applicant shall provide the City with four (4) sets of the final plans, specifications and computations (full-size) and two (2) sets of 11x17-inch plans. Upon issuance of the land disturbance permit, the City Engineer shall endorse in writing, or stamp “Approved for Construction” on all required sets of plans and specifications. The City Engineer shall retain two (2) sets of the plans. Upon Approval, the City Engineer shall return one set of the final plans and specifications, stamped “Approved,” to the applicant. The applicant shall retain the approved set of plans and specifications at the site covered by the land disturbance permit at all times during which the work authorized thereby is in progress.

4-13-314 Modification of Plans.

No approved plans or specifications shall be changed, modified, altered or amended, without approval of the City Engineer in accordance with the procedures and requirements set forth herein for original approval of such plans and specifications. Modification of plans will require additional City review and will be subject to additional fees.

4-13-315 Correction of Errors.

The issuance of a land disturbance permit based upon submitted plans, specifications and documents shall not prevent or preclude the right of the City from thereafter requiring the correction of errors which may be later discovered in such plans, specifications and documents.

4-13-316 Term of Land Disturbance Permits.

Each land disturbance permit shall contain a specified term as determined by the City Engineer. The date the land disturbance permit expires shall be noted on the land disturbance permit. No person shall perform land disturbance, grading, relocation of earth or any other land disturbance activity beyond the expiration date, unless an extension of term is granted or a new land disturbance permit is obtained in accordance with this Chapter.

4-13-317 Extension of Term.

Prior to expiration of the land disturbance permit, the land disturbance permit holder may apply for an extension of time in which to complete the work in a reasonable and expeditious manner. The City Engineer may grant an extension of time, upon a showing of good cause, for a period or periods not exceeding a total of one (1) year. Denial of an extension of time does not preclude the right of the land disturbance permit holder to apply for a new land disturbance permit for the remaining balance of the work. Adequate security or written consent from the surety must be provided for any extension of time before approval of the extension is granted or becomes effective. If the extension is denied, the City will have the right to make a demand on the bond and complete the work.

4-13-318 Suspended or Abandoned Work.

Every land disturbance permit issued by the City Engineer under the provisions of this Chapter expires by limitation and becomes null and void if the land disturbance permit holder suspends or abandons the construction or work authorized by such land disturbance permit, at any time after the work is commenced, for a period of thirty (30) days or longer. After construction or work under a land disturbance permit has been suspended or abandoned for a period of thirty (30) days or longer, a new or renewed permit must be obtained prior to recommencing work.

4-13-319 Renewal of Expired Land Disturbance Permit.

If a land disturbance permit has expired, a new land disturbance permit shall be obtained before any work can be recommenced. If no changes have been made or will be made to the original plans and specifications for such work, and any suspension or abandonment has not exceeded one (1) year, the fee for the new land disturbance permit will be one-half the amount ordinarily required for a new land disturbance permit. If changes have been made or will be made in the original plans or specifications for the land disturbance activity, or the suspension or abandonment has exceeded one (1) year, the fee for a new permit shall be required for a new permit for the proposed land disturbance activity.

4-13-320 Suspension or Revocation of Permit.

The City may, in writing, suspend or revoke a permit when the permit is issued in error, or on the basis of incorrect information supplied, or when work conducted thereunder is in violation of the terms of the permit or the provisions of this Chapter or other applicable City Ordinances, rules, regulations, standards and specifications, or pertinent laws.

4-13-321 Transfer or Assignment of Permit.

(1) Land disturbance permits for site plan and subdivisions shall only be transferable or assignable when written approval is given by the City Engineer. Notwithstanding the previous sentence, a land disturbance permit issued to a contractor shall transfer to the owner of a residence at such time a certificate of occupancy is issued for the residence and a transfer of permit is executed by the contractor and delivered to the home owner.

(2) Nothing herein shall prevent a permit holder from subcontracting the work to be performed under a land disturbance permit; provided, however, the permit holder shall be and remain responsible and liable for the performance of the work and land disturbance activities under the permit and for all bonding and other requirements of this Chapter and the applicable permit.

4-13-322 Validity of Permit.

The issuance of a land disturbance permit shall not be construed to be a permit that allows the permit holder to violate any of the provisions of this Chapter or any other City Ordinances, rules, regulations, standards or specifications or other pertinent laws, including State and Federal laws. Permits presuming to give such authority shall be deemed invalid.

4-13-323 Additional Permits.

The issuance of a land disturbance permit shall not relieve the owner, applicant, permit holder, or developer from obtaining any and all other permits or approvals required by the City, State or Federal governments or any other applicable agency having jurisdiction over the work or property affected by the proposed land disturbance activity.

4-13-324 Emergencies.

The provisions of this Chapter shall not apply to any land disturbance activity which is conducted during a period of emergency or disaster, as declared and defined by the City, and which is directly connected with or related to the relief of conditions caused by such emergency or disaster.

4-13-325 Inspection.

Field inspections shall be conducted by the Springville Public Works Inspectors, the City Building Inspectors, the City Ordinance Enforcement Officer or other designated agents as appointed by the City Engineer in conjunction with the Community Development Director. The permit holder shall grant inspection rights and right-of-entry privileges to the City Engineer in order to ensure compliance with the requirements of this Chapter.

4-13-326 Erosion Control and Drainage Devices.

BMPs, such as, but not limited to, intervening terraces, diverter terraces, channels, runoff computations, drainage dispersal walls, subdrains and site drainage, are to be provided and designed as indicated in the City Standards and Specifications.

4-13-327 Planting and Irrigation of Cut and Fill Slopes.

All manufactured cut and fill slopes shall be planted and maintained until established. Temporary irrigation may be required in accordance with the provisions of this Chapter and the City Standards and Specifications. The permit holder is responsible for operating and maintaining the irrigation system.

4-13-328 Requirements for Sumps.

It is unlawful for any person to construct a sump in the City unless (1) the sump has been approved by the City, (2) the sump is designed to separate sediments, oil and grease, and floatables from the storm water, and (3) the sump complies with applicable Springville City Construction Standards and Specifications.

4-13-329 Building Permits.

No building permit or other development approval shall be given for any property, parcel, site or project for which a land disturbance permit has been issued until final inspection and approval has been given under the land disturbance permit.

Article 4 – Post Construction Storm Water Management

4-13-401 Post Construction.

The following procedures shall apply after construction activity is completed.

(1) Upon completion of any storm water improvements, the owner or authorized agent shall also submit a certification letter signed by a registered design professional to the City Engineer which states that the improvements have been completed in accordance with the project specifications and all ordinances and specifications of the City.

(2) The inspection and completion of construction of public storm water improvements shall comply with the final approved subdivision engineering standards or any revisions thereto that have been accepted in writing by the City Engineer.

(3) After final stabilization of the site is achieved, the owner or authorized agent shall submit a written notice of termination for the City Engineer to terminate the permit. The notice shall contain the following information.

(a) Name, address and telephone of the owner or authorized agent.

(b) The permit number.

(d) The signature of the owner or authorized agent.

(4) The City Engineer shall terminate the permit after determining that final stabilization has been achieved.

4-13-402 Maintenance.

(1) General. The owner or authorized agent shall utilize methods, approaches and techniques in the design and construction of storm water management improvements that will allow for improvements to be properly maintained after the construction activity is completed.

(2) Responsibility. The responsibility for maintenance of storm water management facilities shall be as follows.

(a) The owner or authorized agent shall be responsible for all storm water management improvements not officially accepted by the City.

(b) The owner or authorized agent shall be responsible for all storm water management improvements on any lot that is not a part of a common promotional plan.

(c) The owner or authorized agent shall be responsible for the storm water management improvements on property that is part of a common promotional plan until the improvements are either accepted by the City or the improvements are accepted by a board, association or other permanent maintenance organization.

4-13-403 Maintenance Arrangements.

Any maintenance arrangements shall conform to the following:

(1) No detention basin or other storm water improvements shall be considered accepted by the City unless specifically expressed, written approval and acceptance is made by the City Council.

(2) The maintenance of storm water management improvements by a board, association or other permanent maintenance organization shall be arranged through appropriate legal means, such as agreements, indentures or covenants. Any such documents shall be submitted to the City Engineer for review and approval.

(3) The owner or authorized agent shall dedicate all necessary easements to the City for all storm water improvements to be accepted by the City in accordance with the requirements of this Chapter.

(4) Minimum Standards. Storm water management improvements shall be maintained in a clean, safe, sanitary condition complying with all applicable provisions of this Chapter and shall not cause a public nuisance as defined by the Municipal Code.

(5) Periodic Inspections. The administrative officer may inspect existing storm water management improvements from time to time in order to ensure compliance with the provisions of this section.

Article 5 – Enforcement, Violations and Penalties

4-13-501 Enforcement.

This Chapter is to be enforced pursuant to the provisions set forth herein as applicable. The City Engineer and other Enforcement Authorities are responsible for the enforcement of the provisions of this Chapter.

4-13-502 Violations.

(1) Violations Enumerated. No person shall fail, refuse, or neglect to comply with the following:

(a) Provisions of this Chapter and land disturbance permits issued in accordance with this Chapter;

(b) Orders issued by the City Engineer or the City Building Official pursuant to the provisions of this Chapter;

(d) Rules and regulations of the office of the City Engineer with respect to grading, which were in effect at the time the land disturbance permit was issued.

(2) Continuing Violation. Each and every day, or portion thereof, during which any violation of any of the provisions of this Chapter is committed, continued, or land disturbance permitted, shall be considered a separate offense.

4-13-503 Remedies and Enforcement Powers.

(1) Nothing herein is intended to limit or prohibit the enforcement of the Springville City Code or other applicable laws through civil or criminal process where the City has determined that enforcement of the procedures outlined in these sections will not result in effective redress, where there have been repeated violations of the provisions of this Chapter, or where the severity of the violation warrants redress through civil or criminal action.

(2) The following sanctions shall be available to redress violations of the provisions of this Chapter:

(a) Issuance of a Notice of Violation;

(b) Revocation or suspension of land disturbance permits, conditional use land disturbance permits or plan or other approvals issued by the City;

(c) The placement of requirements for corrective action on land disturbance permits, licenses, or other entitlements issued by the City as a condition of the land disturbance permit, license, or entitlement;

(d) Requiring the responsible permit holder to post a bond, irrevocable letter of credit, or other adequate security to ensure compliance with the provisions of this Chapter or other applicable laws;

(e) Withholding of permits, certificates or other forms of authorization pertaining to any land where there exists an uncorrected violation of this Chapter;

(f) Issuance of a stop work order;

(3) Penalties. Violation of any of the provisions of this Chapter shall upon conviction be punishable as a class B misdemeanor.

(4) Other remedies; remedies cumulative. The City shall have such other remedies as are and as may be from time to time provided by State law or City ordinance for the violation of any provision of this Chapter. Remedies shall be cumulative.

(5) At the time of issuance of a notice of violation, the Enforcement Authority will determine the appropriate level of sanction and will provide written notice to the responsible person of the proposed level of sanction and the reasons therefore as outlined herein.

(6) Where multiple violations have occurred or are occurring, each violation of the provisions of this Chapter or other applicable laws is subject to a separate sanction. The City may take into account the number and severity of violations in determining the type of action to take against the offending party.

4-13-504 Notice of Violation of a Land Disturbance Permit.

(1) When a violation of a land disturbance permit is discovered, and the responsible permit holder has not been issued a previous Notice of Violation for the same violation within the past twelve (12) months, the Enforcement Authority shall issue a Notice of Violation in order to notify the responsible person of the violation and to order that the violation be corrected within five (5) calendar days. The notice may include a stop work order that orders the responsible person to immediately cease all work on the project until the violation is corrected. The issuance of a Notice of Violation shall not be a prerequisite for the issuance of a stop work order by the City.

(2) The Notice of Violation shall be in writing and set forth the facts constituting the violation, the specific provisions of the law which have been violated, the proposed sanctions for the violation, and shall require that the City Engineer be contacted within one (1) calendar days if the responsible person disputes the Notice of Violation.

(3) Failure to correct the violation within the amount of time specified in the Notice of Violation may result in issuance of a citation, a stop work order, a notice of intent to suspend or revoke, or other enforcement action as deemed appropriate by the City.

(4) In the case of a violation involving: continuing construction or development, an emergency situation (as reasonably determined by the City), or a violation for which a previous Notice of violation was issued within the past twelve (12) months, the City may use the enforcement powers and remedies available to it under this chapter without prior notice. In such case, notice shall be sent simultaneously with the beginning of enforcement action.

(5) This section only applies to violations of land disturbance permits.

4-13-505 Suspension or Revocation of Land Disturbance Permit.

The City Engineer may suspend or revoke a land disturbance permit and/or suspend any land disturbance activity if:

(1) Conditions at the site vary from those shown on the approved plans;

(2) Construction does not conform to the approved plans, time schedules, or conditions of the land disturbance permit;

(3) The work does not comply with applicable ordinances, rules, regulations and standards;

(4) The site is left in a condition hazardous to the public or to the adjacent properties, and the land disturbance permit holder does not comply with reasonable requirements to correct said conditions;

(5) The land disturbance permit holder does not comply with reasonable requirements to safeguard the workers, the public, or other persons acting in a lawful manner;

(6) The land disturbance permit holder, in connection with the operations for which the land disturbance permit was issued, fails to operate equipment properly on public roads; allows material to encroach into, obstruct, or be deposited within a public road right-of-way or within a drainage channel in a manner not authorized by said land disturbance permit; or causes unauthorized obstruction or diversion of drainage channels;

(7) The land disturbance permit holder fails to have a qualified, City-approved inspector working under the supervision of a civil engineer on the site during operations, when so required by the land disturbance permit, or fails to have the work under proper supervision;

(8) Emergency conditions exist on the site, which constitute a threat to health, safety or public welfare, whether or not caused by the actions of the land disturbance permit holder; or

(9) The land disturbance permit holder has been issued a Notice of Violation and has failed to correct the violation within the time specified.

4-13-506 Notice of Suspension or Revocation.

(1) Prior to the suspension or revocation of a land disturbance permit, the City Engineer shall give the land disturbance permit holder written notice of intention to suspend or revoke the land disturbance permit, the notice shall specify the grounds for such intended action and the time and place for the holding of a conference between the City Engineer and the land disturbance permit holder, or its authorized representatives, to review the grounds for the proposed action. Notice of the proposed action shall be given to the land disturbance permit holder at least forty-eight (48) hours, before the time set for the conference, if given by personal service, and at least ninety-six (96) hours, before the time set for the conference, if given by first-class mail. Weekends and holidays are not counted in determining the time for the giving of notice and the holding of the conference. With the consent of the land disturbance permit holder, the time periods provided for herein may be shortened or extended.

(2) In the case of an emergency, and only where an unacceptable level of risk to public health, safety and welfare would incur from any delay, the notification deadlines may be disregarded and the City Engineer may act decisively to reduce or eliminate the hazard. In such a situation, the City Engineer will then make every reasonable effort to confer with the land disturbance permit holder in a timely manner to resolve the concerns, which resulted in the suspension. Costs, including additional City staff time and equipment, shall be borne by the land disturbance permit holder.

4-13-507 Cessation of Work.

Upon receipt of the notice of intended suspension or revocation, the land disturbance permit holder is to cease all work in connection with the land disturbance permit, with the exception of work necessary to correct any condition cited in the notice of proposed action as a ground for suspension or revocation, and work of an emergency nature. The time necessary for completion of these emergency corrections will be determined by the City Engineer.

4-13-508 Decision of Suspension or Revocation.

(1) Within twenty-four (24) hours following the conclusion of the conference, the City Engineer is to render a written decision, either revoking the land disturbance permit, suspending the land disturbance permit, or authorizing the land disturbance permit holder to proceed with the work. Such action may be with or without conditions. The decision is to be served upon the land disturbance permit holder by personal service or by first-class mail, postage prepaid, within twenty-four (24) hours after the rendition of the decision.

(2) If the land disturbance permit holder fails to correct the objectionable or emergency conditions causing the revocation or suspension, the City may cause the work necessary to correct said conditions to be done, and the City may take action against the land disturbance permit holder’s security to cover the cost of performing the work.

(3) The City Engineer may either reinstate or revoke any land disturbance permit that has been suspended.

4-13-509 Right of Entry.

In the administration and enforcement of this Chapter, any duly authorized official or employee of the City shall have authority to enter upon the premises of the permitted site for the purposes of investigation and inspection; provided however, that such right of entry shall be exercised at reasonable times. No land disturbance permit holder shall refuse to allow such inspection. In the case where the responsible person is not a land disturbance permit holder, the Enforcement Authority is to provide twenty-four (24) hours written notice of the intent to inspect, except in emergency situations or when consent has been obtained of the owner and/or occupant of the site to be inspected. The notice shall state that the property owner has the right to refuse entry and that, in the event such entry is refused, inspection may be made only upon issuance of a search warrant as allowed by law.

4-13-510 Liability.

Neither issuance of grading approval under the provisions of this Chapter, nor compliance with the provisions this Chapter, or with any conditions imposed in a land disturbance permit issued under the provisions of this Chapter, is to relieve any person from responsibility for damage to any person or property or impose any liability upon the City for damage to any person or property.

4-13-511 Right to Stop Work.

Nothing herein is to be construed as indicating that the City cannot immediately stop the work being performed if, in the opinion of the City Engineer, the damage being done is of such a nature that it requires immediate cessation of the work. This could result in the bypassing of the normal processes of notices and increasing levels of enforcement, which will typically be followed.

4-13-512 Bond.

A bond shall be posted by each applicant at the time any permit for development or construction is issued for the purpose of ensuring compliance with the conditions of this Chapter. The bonded amount shall be determined by the City department issuing the permit and may be included in the calculation of any payment, improvements, or repair bond already required as a condition of permit approval, or as a separate bond.

4-13-513 Appeals.

Any person aggrieved of a final determination of the City Engineer in the issuance, denial, suspension or revocation of a land disturbance permit may appeal such decision of the City Engineer to the appeal authority by filing a written appeal with the City Recorder within thirty (30) days from the date of the City Engineer’s decision. The appeal authority will give written notice to the City Engineer, the appellant, and all other persons requesting the same, specifying the place, date, and time of hearing the appeal.

(Adopted by Ord No #30-2007, 08/07/07)

CHAPTER 13ILLICIT DISCHARGE AND EROSION CONTROL ADMINISTRATION AND ENFORCEMENT

4-13-101 Purpose.