(A) Purpose and intent.
(1) The purpose of this subchapter is to regulate certain construction activities to prevent the discharge of sediment and other construction-related pollutants.
(B) Stormwater construction activity permit, when required.
(1) A city stormwater construction activity permit is required before any person may excavate, grub and clear, grade, export or import soil or materials, or perform any type of construction activity that will disrupt or cause a change in the natural landscape upon any of the following types of property located within the city:
(a) A major stormwater construction activity permit is required for:
1. 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;
2. Require the import or export of 50 or more cubic yards of soil to a developed or undeveloped site regardless of other construction;
3. The installation, modification, alteration, or any new connection to the stormwater system (public or private) that meets the conditions of (B)(1)(a)1. or (B)(1)(a)2.; or
4. Any project or activity that must comply with the requirements of the Utah construction general permit.
(b) A minor stormwater construction activity permit is required for:
1. Any construction project that will disturb more than 500 square feet of land surface area and less than one acre; or
2. Require the import or export of at least 20 and less than 50 or more cubic yards of soil to a developed or undeveloped site regardless of other construction.
(c) The installation, modification, alteration, or any new connection to the city stormwater system that meets the requirements of (B)(1)(b)1. or (B)(1)(b)2.
(d) Permits for the import and/or export of soil only shall not be required for:
1. The moving of 20 cubic yards or less of soil on any lot within a 12-month period;
2. The moving of soil for the installation of underground utility lines, provided that all necessary permits have been issued;
3. The moving of soil for landscape planting, farming, and gardening by homeowners, provided it does not substantially alter the drainage patterns of the lot; or
4. Soil movement associated with valid building permits that have been issued, provided the topography and elevation of the property is not altered.
(e) The City Engineer shall have the discretion that any parcel, lot, or land development, because of the nature or type of the parcel, lot, or development, disturbance of the land is likely to result in erosion or the transport of sediment off of the site by stormwater to a degree substantially greater than that which would occur under natural landscape conditions.
(f) Any permit required under § 155.040(B)(1)(a)2. or § 155.040(B)(1)(b)2. must also comply with the requirements of Chapter 152.
(C) Stormwater construction activity permit, application.
(1) Any person desiring a stormwater construction activity permit must first file an application on forms furnished by the City Engineer.
(2) Content. A complete application shall include:
(a) An application form that includes information regarding site ownership; contractor(s) that will conduct construction activities; contact information for someone that will be available 24 hours a day; and other relevant information such as nature of work, area to be disturbed, etc.;
(b) Submission of plans, specifications, stormwater management plan, Stormwater Pollution Prevention Plan (SWPPP), and any items required under the terms of the State General Stormwater Construction or approved by a City Land Use Authority, City Engineer, or Building Official; and
(c) Remittance of fees.
(3) Review of application - completeness.
(a) Upon receipt of an initial application submission, the City Engineer shall have five business days to review the application for completeness.
1. If there are any items that are missing or incomplete based on the application checklist, the submittal shall be deemed incomplete. The City Engineer shall notify the applicant in writing detailing deficiencies.
2. The City Engineer will have five business days to review any resubmittal that addresses initial deficiencies.
(4) Review of application - technical.
(a) The City Engineer shall have five business days or ten business days to conduct a technical review of a complete application for a minor permit or major permit, respectively.
(b) On or before the technical review period closes, the City Engineer shall provide to the applicant in writing:
1. Approval of permit; or
2. Deem the application as technically incomplete and provide comments and/or additional information requests that in the City Engineer's discretion and judgment are required to fully evaluate the scope and impact of the proposed construction activity.
(c) The applicant shall provide written responses to the City Engineer's comments and revisions to any previous submittals or additional materials as that may be required.
1. The City Engineer shall have up to five or ten business days to conduct a technical review of the applicant's resubmittal for minor permits or major permits, respectively.
2. Once the applicant has addressed all technical deficiencies, the City Engineer shall approve the permit.
(D) Permit term. A stormwater construction activity permit shall be for six months or for the full period of the construction activity whichever is later. The permittee shall file for an extension no later than 30 days prior to the initial permit expiration date. Each renewal will extend the term of the permit an additional six months.
(E) Construction activity permits issued in connection with approved subdivisions, site plans, or building permits will not be considered complete and the permit closed until the following:
(1) Subdivisions:
(a) All construction and landscaping based on the approved subdivision development plans are completed; and
1. The city has accepted all public improvements;
2. Individual stormwater construction activity permits have been issued for each lot in the subdivision not having a final certificate of occupancy; or
3. The site has been revegetated or landscaped in a manner that eliminates erosion and sediment discharge, or that brings the property back to its natural state.
(2) Site plans:
(a) All construction and landscaping based on the approved site plan are substantially completed; and
(b) The site has been revegetated or landscaped in a manner that eliminates erosion and sediment discharge or brings the property back to its natural state.
(3) Building permits:
(a) The building official issues certificate of occupancy to the structure covered by the building permit; or
(b) The site has been revegetated or landscaped in a manner that eliminates erosion and sediment discharge or brings the property back to its natural state.
(4) Other:
(a) For permits issued for projects other than for subdivisions, site plans or certain building permits, the date that the permittee has completed all construction activity associated with the permit; and
(b) The site has been revegetated or landscaped in a manner that eliminates erosion and sediment discharge or brings the property back to its natural state.
(F) Stormwater pollution prevention plan (SWPPP).
(1) Major stormwater construction activity permits shall require preparation and submittal of a SWPPP in accordance with the UPDES/CGP/MS4 requirements and the most recent City Stormwater Management Plan (SWMP) approved by the City Council.
(a) The goals and criteria of a SWPPP include:
1. Prevent or minimize discharge. The proposed measures and controls shall be designed to prevent or minimize, to the maximum extent practicable, the discharge of sediment, debris, and other construction-related pollutants from the construction site by stormwater runoff into the storm drainage system.
2. Prevent or minimize construction debris. The proposed measures and controls shall be designed to prevent or minimize, to the maximum extent practicable, the deposit, discharge, tracking by construction vehicles, or dropping of mud, sediment, debris, or other potential pollutants onto public streets and rights-of-way. Any such discharge shall be cleaned up and removed immediately upon notification to the permittee or when it otherwise comes to the attention of the permittee. At a minimum, the deposit or discharge shall be cleaned by sweeping and removed within four hours or the end of the work shift in which the deposit occurred, or at the end of the workday, whichever comes first.
3. Stabilization. Appropriate measures and controls shall be designed to preserve existing vegetation, where possible, after construction activities are concluded. All disturbed portions of the site shall be stabilized. Stabilization practices shall be as described in the SWMP or as otherwise approved by the City Engineer. Use of impervious surfaces for stabilization should be avoided. Stabilization measures shall be initiated as soon as practicable in disturbed portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased, unless:
a. Implementation of stabilization measures is precluded by snow cover or frozen ground conditions, after which stabilization measures shall be initiated as soon as practicable.
b. If construction activity on a portion of the site is temporarily ceased, the City Engineer may require temporary stabilization measures be required for that portion of the site so there is no potential for precipitation induced runoff to discharge sediment or other materials to any water course, onto a public street, into the city storm sewer system or onto an adjacent property.
4. Minimize risk of discharge of other materials. The proposed measures and controls shall be employed to minimize the risk of discharge of construction-related pollutants (such as paint thinners, solvents, and other chemicals) from the construction site as well as any other material that shall be specifically stated in the CGP or in regulations. Such measures may include implementation of storage practices to minimize exposure of the material to stormwater as well as spill prevention and response.
(b) Plan contents. The SWPPP shall contain but is not limited to:
1. General physical description of the site, location, topographical features, including a map with spot elevations and contour lines;
2. A description of the nature and location of the construction activity, a description of the intended sequence of major activities which will disturb soils for major portions of the site (for example, grubbing, excavation, grading, utilities, infrastructure installation, etc.), and estimates of the total area of the site and the total area of the site that is expected to be disturbed by excavation, grading, or other activities;
3. Stormwater management. Description and details of proposed stormwater measures and controls (BMPs) that will be implemented during construction activity and/or while the site is not stabilized against erosion. The plan must clearly describe the times during the construction process that the measures will be implemented for each major activity, and schedule for maintenance and self-inspections; and
4. Traffic control plan and/or designation of soil movement routes within the city if required by the City Engineer.
(2) Minor stormwater construction activity permits do not require a SWPPP as outlined in (D)(1)(b) of this section.
(a) The permittee will be required to ensure that minimum BMPs are installed and operational, as applicable, prior to the initiation of any construction activities to address:
1. Construction track out;
2. Silt fencing or barrier for stockpiled materials;
3. Staking for temporary portable bathroom facilities;
4. Concrete washout; and
5. The City Engineer may require other applicable BMPs based on the complexity and duration of the project.
(b) The permittee is responsible to maintain or cause to be maintained such required BMPs for the duration of the project.
(c) The city will conduct one pre-construction inspection to verify if the required BMPs have been installed and are operational. A final inspection will be required once construction is completed, and the permit is closed out.
(3) Major permits limited just to the import or export of more than 50 cubic yards of soils are subject to additional requirements, which are:
(a) The purpose or reason for the moving of soil;
(b) The quantity of soil for which the soil-moving permit is sought, together with the calculations used to arrive at such determination of quantity. The quantity shall be calculated by accepted earthmoving computations, such as the average end area method;
(c) The proposed date of commencement and completion of the work;
(d) A description of equipment to be used in the soil movement operations;
(e) Estimated number and size of trucks and other vehicles and frequency;
(f) Proposed route(s) to be used by the vehicles in the moving and installing of the soil;
(g) The source including the address of any soil imported from outside the city. The city may require that soil be tested and certified safe for its intended use based upon the historical survey of the source site and the potential for contamination;
(h) Method of abating noise and dust in the soil moving operations; and
(i) Topographical map prepared by a licensed professional land surveyor. The map shall be prepared at a scale not to exceed 30 feet to the inch. The topographical map shall include the following:
1. Boundary limits of the entire lot, including metes and bounds information;
2. Limits of the area to be disturbed or graded;
3. The present grades at two-foot intervals of the area to be disturbed or graded and the area 25 feet outside the limits of the area to be disturbed or graded;
4. The proposed grades at one-foot intervals of the area to be disturbed or graded and the area 25 feet outside the limits of the area to be disturbed or graded, using a designation different than those used for the present grades;
5. The present grades at two-foot intervals of all adjacent properties to a distance of at least 15 feet from the lot in question, including the location of any structures within such 15 feet if the area to be disturbed or graded is within 25 feet of the property line;
6. Existing surface and subsurface drainage conditions and patterns of the lot and surrounding area; and
7. Location of any freshwater wetlands and water body, on the lot or within 50 feet of the area to be disturbed.
(4) Permitted site(s) may be subject to additional inspections if a notice of violation is issued (see § 155.090).
(Ord. 05-2024, passed 2-7-2024)