13.23.220 Requirements for Proposed Developments.
All proposed development shall, in addition to the other requirements of this title, comply with the UPDES Storm Water General Permit for Construction Activities, which include, but are not limited to following:
1. All development that includes the construction of private storm water improvements, except for the construction of a single family home with its associated on-site improvements which disturbs less than one acre land and are not part of a larger common plan of development or sale that disturbs one acre or more of land, must enter into a Storm Water Maintenance Agreement with Lindon City. The Storm Water Maintenance Agreement may be entered into on behalf of the City by the Public Works Director, but the agreement must be in a form that has been approved by the City Council. The agreement, among other requirements must include a provision requiring the property owner to perform inspections of the improvements and provide a written report to the City at least once annually, and that Lindon City shall inspect the improvements at least once every five years.
2. Each proposed development shall incorporate best management practices (BMPs) into development design to limit the flow rate of runoff and protect water quality, reduce discharge of pollutants, and control waste as such, but not limited to, discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste, and other discharges prohibited by this chapter that may cause adverse impacts to water quality.
a. Storm Water Best Management Practices (BMPs) must be considered throughout the development process. Lindon City requires some BMPs on all development and may generally encourage and recommend others on any particular development, as listed in Part 6 of the Lindon City Storm Water Management Plan.
b. Upon the recommendation of the City Engineer, Lindon City may also require the use of BMPs other than those listed in Part 6 of the Lindon Storm Water Management Plan, which may be necessary for a particular development, based upon engineering judgment and the particular conditions of a given project.
3. A Storm Water Pollution Prevention Plan, as required in this chapter, shall at a minimum meet the requirements for a Storm Water Pollution Prevention Plan as set forth in the UPDES Storm Water General Permit for Construction actives, and shall be submitted with the development plans for approval. This requirement applies to all development, other than construction of single family homes and associated on-site improvements, which disturbs less than one acre of land, and which is not part of a larger common plan of development or sale that disturbs one acre or more of land.
4. Financial guarantee of Site Storm Water Pollution Prevention Plan.
a. Financial guarantees that improvements contained in the Storm Water Pollution Prevention Plan will be installed and maintained must be posted with Lindon City prior to beginning construction. In the case of a subdivision of land, this will be included in the bond that is required for the cost of the subdivision improvements.
b. The City, at its discretion, may elect to require non-monetary methods of enforcement already in place in Lindon City (business licenses, utility services, building and occupancy permits) rather than a financial guarantee to ensure compliance with the improvements contained in the approved Storm Water Pollution Prevention Plan.
c. At the time of development, the developer shall provide an estimate of the cost of the required improvements. The City will review the estimate and establish the dollar amount of the financial guarantee.
5. A Long-Term Storm Water Pollution Prevention Plan, as required by this chapter, must be prepared and submitted with the development plans for approval, including a signed Storm Water Maintenance Agreement as required by this Chapter. This requirement applies to all development in which private improvements are constructed, except for the construction of a single family home with its associated on-site improvements which disturbs less than one acre land and is not part of a larger common plan of development or sale that disturbs one acre or more of land.
6. Utah Pollutant Discharge Elimination System (UPDES).
a. Development having a disturbed area of one acre or more, or which are part of a larger common plan of development or sale that disturbs one acre or more of land, require a UPDES Storm Water General Permit for construction activities from the Division of Water Quality of the Department of Environmental Quality of the State of Utah.
b. Obtaining the permit requires preparation and submission Storm Water Pollution Prevention Plan, and a Notice of Intent to the State. The developer must submit a copy of the Notice of Intent to the City before the site plan will be considered finalized.
c. When an overall development of over one acre in size is phased, the permit is required for each phase, even if each phase is less than one acre in size. Development of fewer than one acre in size, and which is not part of a larger common plan of development or sale that disturbs one acre or more of land, are covered under Lindon City’s UPDES General Permit.
7. Land Disturbance Permit.
a. Any person commencing or performing any land disturbance, grading, relocation of earth, or any other land disturbance activity in Lindon City shall be required to first obtain a land disturbance permit if the proposed activity disturbs land areas in the follows amounts:
i. R1-12 zone: Less than one acre but more than 12, 000 square feet.
ii. All zones other than R1-12: Less than one acre but more than 20,000 square feet.
iii. All zones. Any land disturbance that is observed by Lindon City which creates significant potential storm water pollution.
A. In the event a Land Disturbance Permit is required based solely on the observation of a potential storm water pollution, Lindon City shall provide written notice to the land owner and/or tenant of the need for the permit, and shall allow a reasonable time to secure such permit.
B. The City shall be authorized to require the immediate cessation of any potential pollution activity during the pendency of the Land Disturbance Permit.
b. An application for a Land Disturbance Permit shall be submitted in accordance with the Land Development Policies Standard Specifications and Drawings.
c. A land disturbance permit shall not be issued if:
i. The City determines that the work proposed by the applicant is hazardous, or is likely to endanger any private property, result in the deposit of debris on any public way, or interfere with any existing drainage course.
ii. The proposed land disturbance activity would not comply with the requirements of an approved site plan, subdivision plat, or any provisions of law, including the provisions of the Chapter.
d. In granting any land disturbance permit pursuant to the provisions of this Chapter, the City may attach such conditions as may be reasonably necessary to protect public health and safety and to mitigate potential harm to person, property or environment.
e. Exemptions: The following activities do not require a Land Disturbance Permit. Although these activities do not require a land disturbance permit, they are still subject to, and shall be performed in accordance with the City Standards and Specifications and all other applicable ordinances, rules, regulations of the City, State and Federal governments.
i. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
ii. Actions by any other person when the City determines, and documents in writing, that the actions are necessary to remove or alleviate an emergency condition.
iii. Existing nursery and agricultural operations conducted as a permitted main or accessory use.
iv. Bona fide agricultural and farming operations, provided that the agricultural and farming operations constitute the principal use of the parcel and provided that such use of the parcel does not conflict with the City’s zoning ordinance: and
v. Mowing, brush clearing, tree cutting or similar activities which do not grade, dig, excavate or otherwise remove or kill the surface growth and root system of the ground cover.
vi. Any development or use that has received an approved Storm Water Pollution Prevention Plan or a UPDES Permit (Ord. 2011-10, amended, 2011; Ord. 2007-5, amended, 2007)