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13.16.020. Definitions

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

            (1)        "Authorized enforcement agency":  The City Public Works Director (PWD) and/or any individual designated by the PWD or the provisions of this ordinance, as an Authorized Enforcement Agent designated to enforce this ordinance.

            (2)        "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.

            (3)        "City":  Means Layton City, Davis County, Utah with associated jurisdiction.

            (4)        "Clean Water Act":  The federal Water Pollution Control Act enacted by Public Law 92-500 as amended by Public Laws 95-217, 95-576, 96-483, and 97-117, enacted at 33 U.S.C. § 1251 et seq., and any subsequent amendments thereto.

            (5)        "Construction activity":  Activities subject to the National Pollutant Discharge Elimination System (NPDES) Construction Permits.  These include construction projects resulting in land disturbance of one (1) acre or more, or will disturb less than one (1) acre but are part of a larger common plan of development.  Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

            (6)        "Conveyance system":  Any channel or pipe for collecting and directing the storm water.

            (7)        "Culvert":  A covered channel or large diameter pipe that directs water flow below the ground surface.

            (8)        "Degradation":  (Biological or Chemical) The breakdown of chemical compounds into simpler substances, usually less harmful than the original compound, as with the degradation of a persistent pesticide.  (Geological) Wearing down by erosion.  (Water) The lowering of the water quality of a watercourse by an increase in the amount of pollutant(s).

            (9)        "Detention":  Storm water detention is temporary storage of a storm water runoff volume for subsequent release.  Examples include detention basins as well as temporary detention in parking lots, depressed grassy areas, etc.

            (10)      "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.

            (11)      "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.

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

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

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

            (15)      "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.

            (16)      "Fill":  A deposit of earth material placed by artificial means.

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

            (18)      "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.

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

            (20)      "Infiltration":  The downward movement of water from the surface to the subsoil.  The infiltration capacity is expressed in terms of inches/hour.

            (21)      "Inlet":  An entrance into a ditch, storm sewer, or other waterway.

            (22)      "MS4":  Municipal Separate Storm Sewer System.

            (23)      "Mulch":  A natural or artificial layer of plant residue or other materials covering the land surface which conserves moisture, holds soil in place, aids in establishing plant cover, and minimizes temperature fluctuations.

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

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

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

            (29)      "On-site":  The entire property that includes the proposed development.

            (30)      "Point source":  Any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, platform, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.

            (31)      "Plat":  A map or representation of a subdivision showing the division of a tract or parcel of land into lots, blocks, streets, or other divisions and dedications.

            (32)      "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 coli form 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.

            (33)      "Public Works Department":  Shall be the Layton City Public Works Department.

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

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

            (36)      "Riparian":  A relatively narrow strip of land that borders a stream or river.

            (37)      "Run-off":  That part of precipitation, snow melt, or irrigation water that runs off the land into streams or other surface water.  It can carry pollutants from the air and land into the receiving waters.

            (38)      "Source control":  A practice or structural measure to prevent pollutants from entering storm water run-off or other environmental media.

            (39)      "State Construction Storm Water Permit":  A state required permit issued by the Utah State Division of Water Quality to any person or business that intends to disturb more than one (1) acre of property.

            (40)      "Storm drain 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.

            (41)      "Storm water":  Rainfall run-off, snow melt run-off, and drainage.  It excludes infiltration.

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

            (43)      "Street":  Shall mean the entire area of the right-of-way, whether public or private, including curb, gutter, sidewalk, drive approaches, park strips, and surface area.

            (44)      "Utah Pollutant Discharge Elimination System (UPDES)":  Utah's program to control the discharge of pollutants to waters of the United States.

            (45)      "Waters of the United States":  Surface watercourses and water bodies as defined in Title 40 Part 122.2 of Code of Federal Regulation (CFR) including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.

            (46)      "Wetlands":  An area that is regularly saturated by surface or ground water and subsequently characterized by a prevalence of vegetation that is adapted for life in saturated soil conditions.  Examples include, but are not limited to, swamps, bogs, marshes, and estuaries.

Ord. No. 06-41, Enacted 9/21/2006Ord. No. 08-30, Amended, 6/5/2008
Ord. No. 15-34, Amended, 12/17/2015

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