For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
BEST MANAGEMENT PRACTICES (BMPs). A wide range of management procedures, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices which have been demonstrated to effectively control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage, or leaks, sludge, or water disposal, or drainage from raw material storage. Example BMPs and their effectiveness ratings can be found in the City Stormwater Management Plan dated March 2021, or the most recent update approved by the City Council.
BUSINESS DAYS. A day other than Friday, Saturday, Sunday, or a legal holiday as based on the current designated hours of operation for West Haven City as determined by the City Council.
CATCH BASIN. A drain inlet designed to keep out large or obstructive matter.
CITY ENGINEER. The City Engineer appointed by the City Council or his/her duly appointed deputy, agent, or representative.
COMMON PLAN OF DEVELOPMENT OR SALE. A plan to subdivide a parcel of land into separate parts for separate sale. This can be for residential, commercial, or industrial development. The plan originates as a single parcel that is separated into parts. This usually goes through an approval process by a local governmental unit, but in some cases, it may not require that process. The original plan is considered the COMMON PLAN OF DEVELOPMENT OR SALE, whether phased or completed in steps. Additional information related to COMMON PLAN OF DEVELOPMENT for permit purposes: For UPDES stormwater permit purposes, a common plan must have been initiated after October 1992. A COMMON PLAN OF DEVELOPMENT OR SALE remains so until each lot or section of the development has fulfilled its planned purpose (for example, in a residential development as homes are completed, stabilized, and sold or occupied). As lots or separated sections of the development are completed, the lot or section is stabilized, and as the plan purposes are fulfilled for that area, lot, or section, it is no longer part of the COMMON PLAN OF DEVELOPMENT OR SALE (for example, if a home is sold in a development and the owner decides to add a garage somewhere on the lot, that garage project is not part of the common plan of development or sale). In this process, a COMMON PLAN OF DEVELOPMENT OF SALE may become reduced in size and/or separated by completed areas which are no longer part of the common plan of development or sale, but all unfinished lots remain part of the same common plan of development or sale until they are completed, stabilized, and fulfilled according to the purpose of the plan.
CONSTRUCTION ACTIVITY. Any human-made change to improved or unimproved real estate, including, but not limited to, site preparation, excavation, grubbing, clearing, filling, grading, paving, excavation, and construction of buildings or other structures that will disrupt or cause a change in the natural landscape on a public or private property within the city.
CORRECTIVE ACTION. Directive that a stormwater control needs a significant repair or a new or replacement control is needed and is not routine maintenance.
DEBRIS. Any dirt, rock, sand, vegetation, rubbish, or litter.
DETENTION BASIN. A depression designed to detain stormwater runoff until downstream storm sewer resources are less heavily taxed. A DETENTION BASIN contains an inlet and an outlet, allows debris to settle out, and regulates water flow. A DETENTION BASIN may be either publicly or privately owned, operated, and maintained.
DEVELOPMENT (MAJOR). Any construction project that will disturb greater than or equal to one acre or construction projects that are part of a larger common plan of development or sale and/or require the removal or import of less than 20 cubic yards of material to a developed or undeveloped site regardless of other construction. This may also include the installation, modification, alteration, or any new connection to the stormwater system (public or private).
DEVELOPMENT (MINOR). Any construction project that will disturb land surface area more than 500 square feet and less than one acre and/or require the removal or import of less than 20 cubic yards of material to a developed or undeveloped site regardless of other construction. This may also include the installation, modification, alteration or any new connection to the stormwater system (public or private).
DEVELOPMENT (NEW). Land development activity on a previously undeveloped site.
DISCHARGE. Dispose, deposit, spill, pour, inject, seep, dump, leak, or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means, including any direct or indirect entry of any solid or liquid matter into the municipal separate stormwater system. A DISCHARGE can occur with or without precipitation.
DISTURB. To alter the physical condition, natural terrain, or vegetation of land by clearing, grubbing, grading, excavating, filling, building, or other construction activity.
DRAIN INLET. A point of entry into a sump, detention basin, or storm drain system.
EXCEPTIONAL CIRCUMSTANCES. Circumstances that include, but are not limited to, situations which involve a risk of injury to persons, damage to storm drain facilities, or damage to other property or the environment.
HAZARDOUS MATERIAL. Any material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, a substantial presence or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. HAZARDOUS MATERIAL includes, but is not limited to, any hazardous substance designated under 40 C.F.R. part 116 pursuant to § 311 of the Clean Water Act, being 33 U.S.C. § 1321.
ILLICIT CONNECTIONS. Illegal and/or unauthorized connections to the municipal separate stormwater system, whether or not such connections result in discharges into that system. These also include any drain or conveyance connected to or discharging to the storm drain system, which has not been:
(1) Documented in plans, maps, or equivalent records submitted to the city; and
(2) Permitted or otherwise authorized by the city.
ILLICIT DISCHARGE.
(1) Any non-stormwater discharge of pollutants to the municipal separate stormwater system or WATERS OF THE STATE. ILLICIT DISCHARGES includes both direct discharges and indirect discharges that occur due to deliberate or inadvertent actions. Examples include, but are not limited to, any conveyances which allow non-stormwater discharge such as sewage, process wastewater, or wash water to enter the storm drain system, and any discharges to the storm drain system from indoor drains or sinks, regardless of whether said drain or discharge had been previously allowed, permitted, or approved by a government agency; or discharge directly to any collection or conveyance structures or appurtenances.
(2) A discharge of pollutants into the stormwater system or WATERS OF THE STATE resulting from direct or indirect stormwater or non-stormwater runoff.
LAND DEVELOPMENT. Any development of a parcel, lot, subdivision plat, or site plan. If there is more than one lot in the subdivision plat or site plan, all lots in the subdivision plat or site plan shall jointly be considered to be part of the LAND DEVELOPMENT.
LONG-TERM MAINTENANCE AGREEMENT. A document recorded in the land records that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
LOW IMPACT DEVELOPMENT (LID). An approach to land development (or re-development) that works with nature to more closely mimic pre-development hydrologic functions. LID employs principles, such as preserving and recreating natural landscape features, and minimizing effective imperviousness to create functional and appealing site drainage, that treat stormwater as a resource rather than a waste product. There are many practices that have been used to adhere to these principles, such as bio retention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements. LID must comply with the requirements in the city stormwater management plan dated March 2021, or the date of the most recent update approved by the City Council, which is incorporated herein by reference.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of stormwater collection and conveyance structures and appurtenances (such as catch basins, detention/retention basins, curbs, gutters, ditches, human-made channels, sumps, storm drains, and groundwater) owned and operated by the city. A MS4 is regulated under the State of Utah General Permit for Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) UPDES PERMIT NUMBER UTR090000.
NON-STORMWATER RUNOFF. Any overland flow generated from any water source other than stormwater.
PERMITTEE. Any person issued an approved stormwater construction activity permit in accordance with this chapter.
PERSON. Any individual, corporation, partnership, association, company, private or public utility or infrastructure provider or body politic, including any agency of the state, county, and the United States government.
POLLUTANT. Dredged spoil, solid wastes, sewage, garbage, munitions, chemical wastes, biological materials, radioactive materials, pesticides, herbicides, fertilizers, sewage, dissolved and particulate metals, animal wastes, wastes and residue that results from construction, rocks, sand, cellar dirt, industrial, municipal and agricultural wastes, paints, varnishes, and solvents, oil and other automotive fluids, nonhazardous liquid, and refuse, garbage, litter, floatables, lawn clippings, leaves, branches, plant material, or other discarded or abandoned objects, articles, and accumulations that may contaminate otherwise clean water, cause or contribute to pollution.
PUBLIC WAY. All public rights-of-way and easements, public footpaths, walkways and sidewalks, public streets, public roads, public highways, public alleys, and public drainage ways.
REDEVELOPMENT. Alterations of a property that change the footprint of a site or building in such a way that disturbs one-tenth of an acre of land or more.
RETENTION BASIN. A depression designed to hold stormwater runoff that will drain to the underlying soil and does not have any outlet. A RETENTION BASIN may be either publicly or privately owned, operated, and maintained.
ROUTINE MAINTENANCE. Minor repairs or other upkeep performed to ensure the site's stormwater controls remain in effective operating condition, not including significant repairs or the need to install a new or replacement control.
STORM SEWER. A closed conduit for conveyance of collected stormwater.
STORM SEWER SYSTEM (PRIVATE). The system of stormwater collection and conveyance structures and appurtenances (such as catch basins, detention/retention basins, curbs, gutters, ditches, human-made channels, sumps, storm drains, and groundwater) owned, operated, and maintained by non-municipal entities, including HOAs. Aspects of a private storm sewer system may be operated and maintained by the city.
STORM SEWER SYSTEM (PUBLIC). The system of stormwater collection and conveyance structures and appurtenances (such as catch basins, detention/retention basins, curbs, gutters, ditches, human-made channels, sumps, storm drains, and groundwater) owned and operated by the city. Aspects of a public storm sewer system may be operated and maintained by a non-municipal entity. See also MUNICIPAL SEPARATE STORMWATER SYSTEM (MS4).
STORMWATER. Any flow that occurs during or following any form of natural precipitation. STORMWATER includes only the portion of such flow that is composed of precipitation.
STORMWATER CONSTRUCTION ACTIVITY PERMIT (MAJOR). City permit required before any person or entity may excavate, grub and clear, grade, or perform any major development.
STORMWATER CONSTRUCTION ACTIVITY PERMIT (MINOR). City permit required before any person or entity may excavate, grub and clear, grade, or perform any minor development.
STORMWATER MANAGEMENT PLAN. A plan developed by the city that serves as the implementation requirements for city compliance with its obligations and responsibilities under the MS4 permit and provide guidance and standards for construction projects regulated under the city's MS4 permit as well as certain construction projects that disturb less than one acre regulated under this chapter. The SWMP is adopted by reference under this chapter and may be updated from time to time. The most recent version of the SWMP adopted by the City Council shall control.
STORMWATER RUNOFF. Any overland flow that occurs by or from natural precipitation, including snow melt.
SUMP. An underground structure, surrounded by drain rock, that is designed to retain water to allow the slow release into the surrounding subsoil.
SURFACE WATER. All open water bodies, streams, lakes, ponds, marshes, wetlands, watercourses, waterways, springs, drainage systems, and all other bodies or accumulations of water on the surface only and can be designated as WATERS OF THE STATE.
SWPPP (STORMWATER POLLUTION PREVENTION PLAN). A site-specific, written document that:
(1) Identifies potential sources of stormwater pollution at the construction site;
(2) Describes practices to reduce pollutants in stormwater discharges from the construction site and to maintain pre-development runoff quantity; and
(3) Identifies procedures the operator will implement to comply with the terms and conditions of a construction general permit or stormwater construction activity permit.
UTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM (UPDES). The state's program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits, and for imposing and enforcing pretreatment requirements, under §§ 307, 102, 318, and 405 of the Clean Water Act (CWA), being 33 U.S.C. §§ 1317, 1252, 1328, and 1345, respectively, for the discharge of pollutants to waters of the state. This program is specifically designed to be compatible with the federal National Pollutant Discharge Elimination System (NPDES) program established and administered by the EPA.
WATERS OF THE STATE (UCA TITLE 19 CHAPTER 5 SECTION 102). All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion thereof, except that bodies of water confined to and retained within the limits of private property, and which do not develop into or constitute a nuisance, or a public health hazard, or a menace to fish and wildlife, shall not be considered to be "waters of the state" under this definition.
(Ord. 05-2024, passed 2-7-2024)