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13.16.080. Erosion control on construction sites

            (1)        Permits required

            The following permits shall be required, if applicable.

                        (a)        UPDES General Permit for Discharge From Construction Activities, or Utah Construction General Permit - Any person or business responsible for disturbing one (1) acre or more of ground, or will disturb less than one (1) acre but is part of a larger plan of development, shall obtain a State Construction Storm Water Permit from the Utah Division of Water Quality.  The permit can be obtained from the internet at:  The appropriate fee must be paid to the state.  A SWPPP must be prepared and kept on the construction site.  The SWPPP will include any and all maintenance easements required to access and inspect the storm water treatment practices, and to perform routine maintenance as necessary to ensure proper functioning of the storm water treatment practice.  The SWPPP shall also include provisions allowing for access and inspections on a reasonable basis.  Where required by the City, a legally binding covenant specifying the parties responsible for the proper maintenance of all storm water treatment practices shall be secured prior to issuance of any permits for land disturbance activities.  All pollution prevention plans must include at least 3 BMP's, adequate pollution prevention and control measures, and shall be reviewed by the Layton City Engineering Division and must meet the requirements set forth in the "Layton City Standard Plans for Public Facilities Construction." A copy of the permit must be submitted to the City prior to the preconstruction meeting for the proposed development.  Any entity involved in an emergency activity, necessary for the immediate protection of life, property or natural resources, must obtain a permit within thirty (30) days from the commencement of any earth disturbing activities.

                        (b)        Stream Alteration Permit – A Stream Alteration Permit is filed with the State Department of Natural Resources, Division of Water Rights.  This permit overlaps the 404 wetlands permit because it is applicable to the area equal to the stream plus two (2) times the bank full width up to thirty feet (30').  Any modifications to the stream or banks within this area must comply with the Stream Alteration Permit.  A copy of the approved permit must be submitted to the City prior to the preconstruction meeting for the proposed development.  Any appropriate fees must be paid.

                        (c)        EPA 404 Wetlands Permit – This permit is filed with the US Army Corp of Engineers.  It is applicable for all wetlands within a development.  This will apply to all wetlands depending upon the presence of water, soil type, and vegetation as determined in a Wetlands Delineation Report.  All "waters of the US" are affected to the normal high water mark.  No fee is typically required for this permit.  A letter of non-regulated wetlands may be applicable.  Any mitigation that may be required must be done prior to recording a Final Plat.  A copy of the approved permit must be submitted to the City prior to the preconstruction meeting for the proposed development.  Any appropriate fees must be paid.

            (2)        Exemptions:  A UPDES General Permit is not required for existing nursery and agricultural operations conducted as a permitted main or accessory use.

            (3)        Application review fees:  The fee for review of the construction pollution prevention plan shall be established by the Layton City Council in the City's Consolidated Fee Schedule.  The fees shall be paid prior to the issuance of any building permit or construction activity for the development.

            (4)        Waivers for providing SWPPP:  Every development shall provide for a SWPPP as required by this ordinance, unless a written request is filed to waive this requirement.  Requests to waive the SWPPP requirements shall be submitted to the Public Works Department for approval.

                        (a)        The minimum requirements for SWPPP may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies:

                                    (i)         It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this ordinance.

                                    (ii)        Alternative minimum requirements for on-site management of storm water discharges have been established in a SWPPP that has been approved by the Public Works Department and the implementation of the plan is required by local ordinance.

                                    (iii)       The Public Works Department finds that meeting the minimum on-site pollution prevention plans are not feasible due to the natural or existing physical characteristics of a site.

                                    (iv)       Non-structural practices will be used on the site that reduces:

                                                (A)       the generation of storm water from the site;

                                                (B)       the size and cost of storm water storage; and

                                                (C)       the pollutants generated at the site.

                        (b)        In instances where one of the conditions above applies, the Public Works Department may grant a waiver from compliance with these SWPPPs, as long as acceptable mitigation measures are provided.  However, to be eligible for a variance, the applicant must demonstrate to the satisfaction of the Public Works Department that the variance will not result in the following impacts to downstream waterways:

                                    (i)         Deterioration of existing culverts, bridges, dams, and other structures;

                                    (ii)        Degradation of biological functions or habitat;

                                    (iii)       Accelerated stream bank or streambed erosion or siltation; and

                                    (iv)       Increased threat of flood damage to public health, life, and property.

            (5)        Storm Water Pollution Prevention Plan (SWPPP):

                        (a)        A SWPPP shall be required with all development applications and will include sufficient information (e.g., maps, hydrologic calculations, etc) 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.  The SWPPP shall be prepared in accordance with the Utah General Permit and the requirements of the "Layton City Standard Plans for Public Facilities Construction", manual available at the Public Works Engineering Department and online at

                        (b)        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.

            (6)        Review and approval:  The Public Works Department will review each SWPPP to determine its conformance with the provisions of this regulation.  Within 14 days after receiving the plans, the Public Works Engineering Department shall, in writing:

                        (a)        approve the SWPPP;

                        (b)        approve the SWPPP subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue approval subject to these conditions; or

                        (c)        disapprove the SWPPP, indicating the reason(s) and procedure for submitting a revised plan and/or submission.

            (7)        Inspection:  Field inspections shall be conducted by the Layton City Public Works Inspectors, the City Building Inspectors, the City Ordinance Enforcement Officer or other designated agents as appointed by the Public Works Department.

            (8)        As built plansAll applicants are required to submit actual "as built" plans for any storm water management practices located on-site after final construction is completed that are not consistent with the original approved plans.  The plan must show the final design specifications for all storm water management facilities and must be certified by a professional engineer.  A final inspection by the Public Works Department is required before the release of any performance securities can occur.

            (9)        SWPPP Compliance:  All storm water treatment practices shall comply with the approved SWPPP to ensure the system functions as designed.

                        If a responsible party fails or refuses to meet the requirements of the SWPPP, the Public Works Department, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition.  The expenses therefor may be assessed as provided herein.  In the event that the storm water management facility becomes a danger to public safety or public health, the Public Works Department shall notify the party responsible for maintenance of the storm water management facility in writing.  Upon receipt of that notice, the responsible person shall have ten (10) days to effect maintenance and repair of the facility in an approved manner.  However, if the danger is imminent, the responsible person shall begin the repairs as soon as is practicable.  If said response is not timely, as determined by the authorized enforcement agency, then said agency will cause said repairs to be completed.  After reasonable notice, the Public Works Department may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county assessor.

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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