Ordinance No. 2025-02
Whereas, the City Council of the City of Holladay desires to amend certain provisions of the Stormwater Regulations of the City; and
Whereas, the City Council has determined that the proposed amendments are consistent with state law mandates and will promote public health, safety and welfare;
Now, Therefore, Be It Ordained by the Municipal Council of the City of Holladay, Utah as follows:
Section 1. Amendment. Section 17.08.020 of the City of Holladay Municipal Code is hereby amended to read in its entirety as shown on Exhibit A, attached hereto and incorporated herein by reference.
Section 2. Amendment. Section 17.32.025 of the City of Holladay Municipal Code is hereby amended to read in its entirety as shown on Exhibit B, attached hereto and incorporated herein by reference.
Section 3. Severability. If any section, part or provision of this Ordinance is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this Ordinance, and all sections, parts and provisions of this Ordinance shall be severable.
Section 4. Effective Date. This Ordinance shall take effect upon publication or posting or thirty (30) days after passage, whichever occurs first.
Passed and Approved this 6
th
day of March, 2025.
By:
Robert Dahle, Mayor
[Seal] Voting:
Matt Durham Yea X Nay ___
Ty Brewer Yea X Nay ___
Drew Quinn Yea X Nay ___
Paul Fotheringham Yea X Nay ___
Emily Gray Yea X Nay ___
Robert Dahle Yea X Nay ___
Attest:
_____________________________
Stephanie N. Carlson, MMC
City Recorder
Deposited in the office of the City Recorder this 6
th
day of March, 2025.
Recorded this 6
th
day of March, 2025.
Exhibit A
BEST MANAGEMENT PRACTICES (BMPs): The schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. BMPs include structural and nonstructural control.
DESIGN CAPACITY OR CAPACITY OF DRAINAGE SYSTEM: The maximum volume of water per unit of time which can be carried or accommodated by each component of a drainage system, based upon size of the line, slope and any other factors which affect the carrying capacity of a line, or, in the case of detention and retention facilities, the maximum amount of volume that can be stored in the facility.
DETENTION: Temporary accumulation of excess waters and/or other storm waters, and shall include the total or partial accumulation of such waters. In the case of detention, the detention facilities shall include carriage of the released storm water to an intermediate or major drainage system facility, trunk line, natural tributary or final destination. Also, in the case of detention, the detention facilities shall include provision for safely routing overflow in the event that the amount of storm water exceeds the design capacity of the detention facility.
DRAINAGE AREA: That portion of a drainage basin whose drainage or storm waters drain or gravitate toward a natural or artificial channel, conduit, retention or detention area; upon designation of a drainage area on a map referred to in section 17.08.050 of this chapter, "drainage area" shall mean the area so designated.
DRAINAGE SYSTEM: All facilities used to conduct excess waters to, through and from a drainage area to the point of final retention or destination, including, but not limited to, any or all of the following: pipes, conduits, culverts, curbs, gutters, waterways, inlets, swales, ditches, gulches, channels, retention and detention areas, and appurtenant features, as well as easements and rights of way necessary to accommodate the same. In ascending order of size and capacity, components of the drainage system include the following: unit drainage system, intermediate drainage system, major drainage system, trunk line, natural tributary, final destination. A drainage system may, but need not, contain all of the foregoing components.
EXCESS WATERS: An increase in stormwater runoff as a result of increasing impervious surface creation by development, red-development, or those waters flowing on or across a lot, subdivision, development or other area of real property which are created because of alteration of, or building on, the natural terrain or other increase in the impervious surface of the property, which waters are additional to the waters which would flow on or across the unaltered natural terrain.
IMMINENT THREAT: A situation that poses a high likelihood of pollutant discharge to state waters in the near future if corrective actions are not taken. This refers to conditions that suggest a serious risk is developing but has not yet resulted in an actual discharge
INTERMEDIATE DRAINAGE SYSTEM FACILITY: That part of the drainage system which serves one or more single units, subdivision or development drainage system facilities, which conveys excess waters from a unit or subdivision, and which is tributary to a major drainage system facility, a trunk line, natural tributary or final destination. Facilities within this system will be designed to fully accommodate a 10-year frequency flood.
RETENTION: The temporary or permanent accumulation of excess waters and/or other storm waters, and shall include the total or partial accumulation of such waters. In the case of partial retention, the retention facilities shall include carriage of the portion not retained to an intermediate or major drainage system facility, trunk line, natural tributary or final destination.
UNIT OR SUBDIVISION DRAINAGE SYSTEM FACILITIES: That drainage system which drains a subdivision or other development area and which is tributary to an intermediate or major drainage system facility, major drainage system facility, trunk line, natural tributary or final destination. (1999 Code; amd. Ord. 2020-05, 4-16-2020)
Exhibit B
A. Notice of Violation: A formal notice using the Oversight Construction Inspection Form that informs a contractor of the status of compliance with state permit regulation or city ordinance/code is to be used to inform the contractor of any violations and demands items be corrected according to a schedule defined by the inspector. The inspector is to communicate (verbal, email, and using Oversight Construction Inspection Form) with the contractor regularly through the permit term to achieve understanding of the state permit regulation and city ordinance/code requirements. Generally, all communication is to be recorded in the "Comments" Section of the Oversight Construction Inspection Form in Utilisync. The Notice of Violation is provided to the contractor using the Oversight Construction Inspection Form in Utilisync. The notice should include correction deadlines. The notice can include language that informs and educates if it is effective at correcting the violation(s).
B. The inspector is to follow up and communicate with the contractor to confirm that Notice of Violation items have been addressed. The inspector should evaluate understanding or expected understanding and issue a Notice of Violation (via email using Utilisync Enforcement form) as necessary. The Notice of Violation should include correction deadlines and a warning that if not addressed adequately, further enforcement may be required including but not limited to a Stop Work Order. The contractor shall have no less than twenty-four (24) hours (immediate threats to water quality) and no more than seven (7) days (imminent threats to water quality) to correct the violation.
C. If the violation continues on the eighth day after the first Notice of Violation, a second Notice of Violation will be issued with a warning that a Stop Work Order can be issued if the violation is not corrected within the new time period (at minimum, another 24 hours). Enforcement, appeals, content of citation and fees are as per title 7 of this code. (Ord. 2020-05, 4-16-2020)
City of Holladay
Ordinance No. 2025-02
Whereas, the City Council of the City of Holladay desires to amend certain provisions of the Stormwater Regulations of the City; and
Whereas, the City Council has determined that the proposed amendments are consistent with state law mandates and will promote public health, safety and welfare;
Now, Therefore, Be It Ordained by the Municipal Council of the City of Holladay, Utah as follows:
Section 1. Amendment. Section 17.08.020 of the City of Holladay Municipal Code is hereby amended to read in its entirety as shown on Exhibit A, attached hereto and incorporated herein by reference.
Section 2. Amendment. Section 17.32.025 of the City of Holladay Municipal Code is hereby amended to read in its entirety as shown on Exhibit B, attached hereto and incorporated herein by reference.
Section 3. Severability. If any section, part or provision of this Ordinance is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this Ordinance, and all sections, parts and provisions of this Ordinance shall be severable.
Section 4. Effective Date. This Ordinance shall take effect upon publication or posting or thirty (30) days after passage, whichever occurs first.
Passed and Approved this 6
th
day of March, 2025.
By:
Robert Dahle, Mayor
[Seal] Voting:
Matt Durham Yea X Nay ___
Ty Brewer Yea X Nay ___
Drew Quinn Yea X Nay ___
Paul Fotheringham Yea X Nay ___
Emily Gray Yea X Nay ___
Robert Dahle Yea X Nay ___
Attest:
_____________________________
Stephanie N. Carlson, MMC
City Recorder
Deposited in the office of the City Recorder this 6
th
day of March, 2025.
Recorded this 6
th
day of March, 2025.
Exhibit A
BEST MANAGEMENT PRACTICES (BMPs): The schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. BMPs include structural and nonstructural control.
DESIGN CAPACITY OR CAPACITY OF DRAINAGE SYSTEM: The maximum volume of water per unit of time which can be carried or accommodated by each component of a drainage system, based upon size of the line, slope and any other factors which affect the carrying capacity of a line, or, in the case of detention and retention facilities, the maximum amount of volume that can be stored in the facility.
DETENTION: Temporary accumulation of excess waters and/or other storm waters, and shall include the total or partial accumulation of such waters. In the case of detention, the detention facilities shall include carriage of the released storm water to an intermediate or major drainage system facility, trunk line, natural tributary or final destination. Also, in the case of detention, the detention facilities shall include provision for safely routing overflow in the event that the amount of storm water exceeds the design capacity of the detention facility.
DRAINAGE AREA: That portion of a drainage basin whose drainage or storm waters drain or gravitate toward a natural or artificial channel, conduit, retention or detention area; upon designation of a drainage area on a map referred to in section 17.08.050 of this chapter, "drainage area" shall mean the area so designated.
DRAINAGE SYSTEM: All facilities used to conduct excess waters to, through and from a drainage area to the point of final retention or destination, including, but not limited to, any or all of the following: pipes, conduits, culverts, curbs, gutters, waterways, inlets, swales, ditches, gulches, channels, retention and detention areas, and appurtenant features, as well as easements and rights of way necessary to accommodate the same. In ascending order of size and capacity, components of the drainage system include the following: unit drainage system, intermediate drainage system, major drainage system, trunk line, natural tributary, final destination. A drainage system may, but need not, contain all of the foregoing components.
EXCESS WATERS: An increase in stormwater runoff as a result of increasing impervious surface creation by development, red-development, or those waters flowing on or across a lot, subdivision, development or other area of real property which are created because of alteration of, or building on, the natural terrain or other increase in the impervious surface of the property, which waters are additional to the waters which would flow on or across the unaltered natural terrain.
IMMINENT THREAT: A situation that poses a high likelihood of pollutant discharge to state waters in the near future if corrective actions are not taken. This refers to conditions that suggest a serious risk is developing but has not yet resulted in an actual discharge
INTERMEDIATE DRAINAGE SYSTEM FACILITY: That part of the drainage system which serves one or more single units, subdivision or development drainage system facilities, which conveys excess waters from a unit or subdivision, and which is tributary to a major drainage system facility, a trunk line, natural tributary or final destination. Facilities within this system will be designed to fully accommodate a 10-year frequency flood.
RETENTION: The temporary or permanent accumulation of excess waters and/or other storm waters, and shall include the total or partial accumulation of such waters. In the case of partial retention, the retention facilities shall include carriage of the portion not retained to an intermediate or major drainage system facility, trunk line, natural tributary or final destination.
UNIT OR SUBDIVISION DRAINAGE SYSTEM FACILITIES: That drainage system which drains a subdivision or other development area and which is tributary to an intermediate or major drainage system facility, major drainage system facility, trunk line, natural tributary or final destination. (1999 Code; amd. Ord. 2020-05, 4-16-2020)
Exhibit B
A. Notice of Violation: A formal notice using the Oversight Construction Inspection Form that informs a contractor of the status of compliance with state permit regulation or city ordinance/code is to be used to inform the contractor of any violations and demands items be corrected according to a schedule defined by the inspector. The inspector is to communicate (verbal, email, and using Oversight Construction Inspection Form) with the contractor regularly through the permit term to achieve understanding of the state permit regulation and city ordinance/code requirements. Generally, all communication is to be recorded in the "Comments" Section of the Oversight Construction Inspection Form in Utilisync. The Notice of Violation is provided to the contractor using the Oversight Construction Inspection Form in Utilisync. The notice should include correction deadlines. The notice can include language that informs and educates if it is effective at correcting the violation(s).
B. The inspector is to follow up and communicate with the contractor to confirm that Notice of Violation items have been addressed. The inspector should evaluate understanding or expected understanding and issue a Notice of Violation (via email using Utilisync Enforcement form) as necessary. The Notice of Violation should include correction deadlines and a warning that if not addressed adequately, further enforcement may be required including but not limited to a Stop Work Order. The contractor shall have no less than twenty-four (24) hours (immediate threats to water quality) and no more than seven (7) days (imminent threats to water quality) to correct the violation.
C. If the violation continues on the eighth day after the first Notice of Violation, a second Notice of Violation will be issued with a warning that a Stop Work Order can be issued if the violation is not corrected within the new time period (at minimum, another 24 hours). Enforcement, appeals, content of citation and fees are as per title 7 of this code. (Ord. 2020-05, 4-16-2020)