The City has created the water division within the Public Works Department of the City, hereinafter referred to as the water department. The water department shall administer the operation and maintenance of the water systems of the municipality.
The Public Works Director is responsible for maintaining the City water systems and shall oversee the administration and operation of the water department and provide general supervision of the water superintendent.
The water superintendent, under the direction of the Public Works Director, shall manage and supervise the municipal water systems pursuant to the provisions of this Title and pursuant to resolutions, rules and regulations adopted by the City Council prescribing powers and duties and directing the manner and frequency with which the water superintendent shall make reports to the Mayor and Council relating to the water system.
Except as otherwise specifically provided in this Title, any person or entity that has paid a utility or municipal service fee under the terms and conditions of this Title may challenge the legality, equitability, or sensitivity to indigent persons of such fee by filing a written appeal with the City Recorder within 30 days from the date such fee is paid. Such appeals shall be reviewed and decided by the Mayor and shall be limited to appeals challenging the legality, equitability, or sensitivity to indigent persons of the fee. Written appeals shall specifically state the grounds therefor. The Mayor shall issue a written decision regarding the appeal within a reasonable time from receipt of the appeal.
All parts, material and facilities of the City’s public water systems must meet applicable State and Federal requirements. It is the intent of this Title to comply with such applicable provisions.
Except as otherwise provided herein, the provisions of this Title shall be administered, interpreted and enforced by the Public Works Director. Civil enforcement procedures may be pursued by the Public Works Director or authorized enforcement official for violations of this Title in accordance with CMC 1.06 (Civil Penalties). Criminal violations shall be enforced by the Police Department.
Any violation of this Title shall be deemed a class B misdemeanor, subject to fines and penalties provided by law, or enforced through the civil enforcement procedures set forth in CMC 1.06 (Civil Penalties).
9.02.010 Culinary Water System9.02.020 Application For Culinary Water Connection - Individual9.02.030 Application For Culinary Water Connection - Subdivider9.02.040 Application For Culinary Water Service9.02.050 Non-Owner Applicants - Agreement Of Owner Required9.02.060 Rates And Connection Fees9.02.070 Special Rates9.02.080 Water Use Without Payment Prohibited9.02.090 Delinquency - Discontinuance Of Service9.02.100 Turning On Water After Turned Off Prohibited9.02.110 Separate Connections9.02.120 Unauthorized Users9.02.130 Period Of Water Use By Visitors9.02.140 Service Pipes To Be Kept In Good Condition9.02.150 Quality Of Service Pipes9.02.160 Faulty Equipment9.02.170 Sprinkling Vehicles9.02.180 Water Department Access9.02.190 Nonliability For Damages9.02.200 Water Not Supplied For Motors, Syphons, Etc9.02.205 Prohibited Use Of Culinary Water For Irrigation Purposes9.02.207 Prohibited Connection To Culinary Water For Irrigation Purposes9.02.210 Sprinklers9.02.220 Scarcity Of Water9.02.230 Waste Of Water9.02.240 Water Meters9.02.250 Permit For Installation Or Connection To Water System9.02.260 Application For Installation Or Connection Permit9.02.270 Moving Or Replacing Waterlines9.02.280 Plumbing Code Compliance Required9.02.290 Request For Discontinuance Of Service9.02.300 Fire Hydrant Installations9.02.310 Extension Of Water Mains - Within City Limits9.02.320 Cost Of Extension Determined9.02.330 Cost Of Extension Deposited With City9.02.340 Ownership Of Extension9.02.350 New, Upgraded, Or Modified Water Laterals9.02.360 Supply Of Water Service - Outside City Limits9.02.370 Extension Of Water Mains - Outside City Limits9.02.380 Extension May Be Master Metered9.02.390 Cost Of Extension DeterminedThe City owns, operates and maintains its own culinary water system. The culinary water system is supervised and administered by the water superintendent. The City installs or contracts for the installation of its culinary water system and any extension or connection to the City culinary water system must be paid for upfront by the subdivider or developer in accordance with the provisions of this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person, other than a subdivider or developer seeking multiple connections, who desires or is required to secure a new connection to the municipal culinary water system, shall file with the water department for each such connection a written and signed connection application on forms provided by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Whenever a subdivider or developer desires or is required to install culinary water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agreement which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person who desires or is required to secure culinary water service when such service is available from the municipal water system, shall file with the water department a written application and agreement for the service on forms provided by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Applicants for culinary water service made by the tenant of an owner must in addition to the above requirements be guaranteed by an agreement signed by the owner of the premises or the owner’s duly authorized agent on forms provided by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The rates, penalty fee for delinquency in payment, connection fee, reservoir fee, inspection fee, and other charges incidental to connection and services from the municipal culinary water system shall be fixed from time to time by resolution enacted by the City Council and set forth in the City Fee Schedule. The City Council may from time to time promulgate rules for levying, billing, guaranteeing and collecting charges for culinary water services and all other rules necessary for the management and control of the culinary water system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City Council may from time to time fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of culinary water and service or making use of the water system under exceptional circumstances, upon such terms and conditions as they may deem proper.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to utilize the municipal culinary water system without paying therefore, as herein provided or, without authority, to open any fire hydrant, stopcock, valve, or other fixtures attached to the system of water supply unless it is done pursuant to proper application, agreement, or resolution of the City. It shall be unlawful to injure, deface, or impair any part or appurtenance of the water system, or to cast anything into a reservoir, tank, or facility of the water system.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- The City shall furnish to each user, or mail to, or leave at user’s place of residence or usual place of business, a written or printed statement stating the amount of culinary water service charges assessed against user once each month or at such other regular interval as the City Council shall direct.
- The statement shall specify the amount of the bill for the culinary water service and the place of payment and date due. If any person fails to pay the water charges within 30 days of the date due, the City shall give the customer notice in writing of intent to discontinue the service to the customer unless the customer pays the bill in full within 10 days from the date of notice.
- If the culinary water service is thereafter discontinued for failure to make payment, then before the water service to the premises shall again be provided, all delinquent water charges must be paid to the City Treasurer or arrangements made for their payment in a manner satisfactory to the municipality. In the event water is turned off for nonpayment of water charges, then before the water service to the premises shall again be provided, the customer shall pay, in addition to all delinquent water charges, such extra charge for turning the water on and off as the City Council may establish and set forth in the City Fee Schedule. Until such a fee has been adopted, there shall be added an extra charge for turning on the culinary water. Furthermore, in addition to such payments and penalties, a delinquent customer may be required to make and file a new application (and deposit) if the previous deposit has been applied to the payment of delinquent bills. The City is authorized and empowered to enforce the payment of all delinquent culinary water charges by an action at law in the name of the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person, after the culinary water has been turned off from the premises for nonpayment of water charges or other violation of the ordinances, rules, regulations, or resolutions pertaining to the water supply, to turn on or allow the culinary water to be turned on or used without authority from the water superintendent.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for two or more families or service users to be supplied from the same service pipe, connection or water meter unless special permission for such combination usage has been granted by the City and the premises served are owned by the same owner. In all such cases, a failure on the part of anyone of the users to comply with this Chapter shall warrant a withholding of a supply of culinary water through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the municipality for all culinary water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the City to require separate pipes, connections, or meters at a subsequent time.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any culinary water service user to permit any person from other premises or any unauthorized person to use or obtain water services regularly from user’s premises or water facilities, either outside or inside user’s premises.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Individuals visiting the premises of an authorized user in a recreational vehicle not including a mobile home and continuing to live therein during the period of visitation may receive culinary water service from the service pipes or facilities of the host during the visitation period which shall not exceed one month. Continued use thereafter shall be deemed unauthorized and a violation of the provisions of this Chapter relating to separate connections and unauthorized use. All other codes and regulations regarding recreational vehicle use and storage limitations must be met.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All users of culinary water services shall keep their service pipes and connections and other apparatus in good repair and protected from frost at their own expense. No person shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe without appropriate permit and approval by the City. All required permits shall be obtained prior to any excavations within the public rights-of-way in accordance with provisions set forth in CMC 11 (Streets).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- All service and other pipes used in conjunction with the culinary water services of the City shall be of such material, quality, and specifications as the City provide, and shall be installed at such distances below ground as may be specified by regulations relating to the water department. All work, alterations, or extensions affecting water pipes shall be subject to the acceptance of the water superintendent, and no connections with any culinary water mains shall be made without City approval and oversight.
- No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the water superintendent and subject to such requirements relating to controls as may be imposed by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any culinary water user to:
- Use culinary water for irrigation purposes unless otherwise allowed by CMC 9.02.205 or to use culinary water to water or sprinkle lawns, gardens, or landscaped areas during prohibited hours as more particularly set forth in CMC 9.02.210.
- Allow culinary water to be wasted by stops, taps, valves, leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow.
- Wastefully run culinary water from hydrants, faucets, or stops or through basins, water closets, urinals, sinks or other apparatus.
- Use culinary water for purposes other than for those which the user has applied, or to use water in violation of the rules and regulations for controlling the culinary water supply.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2022-11 on 5/3/2022
Vehicles for sprinkling shall be regulated and controlled by the water department through the water superintendent.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The water superintendent and authorized agents shall at all ordinary hours have free access to any place supplied with culinary water services from the City water system for the purpose of examining the apparatus and ascertaining the amount of culinary water service being used and the manner of its use.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City shall not be liable for any damage to a culinary water service user by reason of stoppage or interruption of water supply service caused by fires, scarcity of water, accidents to the water system or its mains, or which occur as the result of maintenance and extension operations, from any other unavoidable cause, or for any reason for which the City is provided immunity under the Utah Governmental Immunity Act, as set forth in Utah Code §§ 63G-7-101, et seq.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
No water shall be supplied from the pipes of the municipal culinary water system for the purpose of driving motor, syphon, turbine, or other wheels, or any hydraulic engines, or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose except by special permission of the City Council.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It is unlawful for any person to use culinary water for irrigation purposes or systems when secondary water is available for the property. Certain areas of the City that do not have access to secondary water are exempt from this Section. See also, CMC 9.05.022.
HISTORY
Adopted by Ord. 2022-11 on 5/3/2022
It is unlawful for any person to connect to the City culinary water system for irrigation purposes or systems when secondary water is available for the property. Certain areas of the City that do not have access to secondary water are exempt from this Section. When use of culinary water for irrigation purposes is allowed, any connection to the City culinary water system for irrigation purposes or systems shall comply with all applicable City ordinances, regulations, and standards regarding such connections, including, but not limited to backflow prevention regulations and requirements as set forth in CMC 9.05 (Irrigation Water and Natural Water Courses). The property owner shall be responsible for maintaining all service laterals and connections to the City culinary water system good repair in accordance with City ordinances, regulations, and standards. See also, CMC 9.05.024.
HISTORY
Adopted by Ord. 2022-11 on 5/3/2022
- It shall be unlawful for any person to use culinary water to water or sprinkle lawns, gardens, or landscaped areas as more particularly provided in CMC 9.02.205.
- Except as provided herein, it shall be unlawful for any person to water or sprinkle lawns, gardens, or landscaped areas between the hours of 10:00 a.m. and 6:00 p.m. An exception to time restrictions is provided for sprinkler system startups, shutdowns, and repairs, so long as the use of water during these times for sprinkling is minimal and solely related to the necessary irrigation system functions and repairs.
- It shall be unlawful for any person to use such number of outlets simultaneously or to use such sprinklers or combinations of sprinklers or outlets as will in the opinion of the water superintendent materially affect the pressure or supply of water in the municipal culinary water system or any part thereof. The City Council may from time to time, by resolution, specify combinations or numbers of outlets which may have such effect.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2022-11 on 5/3/2022
In time of scarcity of water, whenever it shall in the judgment of the Mayor and the City Council, be necessary, the Mayor shall by proclamation limit the use of water to such extent as may be necessary. It shall be unlawful for any person to violate any proclamation made by the Mayor in pursuance of this Section.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Users of water from the municipal culinary water system shall not permit water to continue to run wastefully and without due efforts to conserve water. If, in the judgment of the water superintendent or any authorized enforcement officers of the City, a user of municipal water engages in practices which result in the needless waste of water and continues to do so after reasonable notice to discontinue wastefulness has been given, the water superintendent or any authorized enforcement officer may initiate civil or criminal enforcement proceedings in accordance with provisions of CMC 1 (General Provisions).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Except as otherwise expressly permitted by this part, all structures, dwelling units, establishments and persons using water from the municipal culinary water system must have such number of water meters connected to their water system as are necessary in the judgment of the water superintendent to adequately measure use and determine water charges to the respective users.
- Unless otherwise included in an application for the extension of a culinary water main in accordance with CMC 9.02.310 or CMC 9.02.370, or an application for a culinary water lateral in accordance with CMC 9.02.350, any person, subdivider, or developer who is required or desires to have installed a new water meter or who is required or desires to upgrade, eliminate, modify or relocate an existing water meter, shall submit an application for the same to the City. The Public Works Director shall review and approve or deny all applications for water meters based on the conditions and requirements set forth herein. The Public Works Director shall estimate the cost of the proposed or modified water meter and all related facilities. Upon approval of the application by the Public Works Director, the applicant shall pay all required fees to the City and a sum equal to the cost for installation or modification estimated by the Public Works Director which shall include labor, materials, engineering and design fees, and inspection, disconnection, administrative and contingency fees. After installation is complete, if the deposit is in excess of the actual costs as verified by the Public Works Director, the City shall refund the difference to the applicant. If the actual costs exceed the deposit amount, the applicant shall pay the difference to the City within 30 days of invoice from the City. All water meters and related facilities shall comply with all specifications and requirements of the City and its ordinances, including, but not limited to, the Plumbing Code, as adopted by the City.
- The location of all water meters shall comply with the following standards and requirements unless otherwise approved in writing by the Public Works Director upon a showing of good cause and necessity for exception. Except as otherwise specifically provided, for purposes of calculating the following dimensional standards, all distances shall be measured from the ring of the meter.
- All water meters shall be located in such a manner as to provide sufficient and safe access by City officials and employees for reading, inspection and maintenance of the meter, to prevent damage to the water meters, and to prevent injury to persons and property.
- In order to provide safe access by City officials and employees for reading, inspection and maintenance of the meter, all water meters shall be located and maintained within in a meter safety zone which provides an unobstructed surface working area with the following minimum dimensions: (1) a rectangular area with its length measured from the center of the ring of the meter out a minimum of six feet (6’) in any one direction and a width of 36 inches (36”) measured 18 inches (18”) out from the centerline of said six foot (6’) directional measurement; and (2) an overlapping circular area with a radius of 18 inches (18”) measured from the center of the ring of the meter. For purposes of this dimensional standard, the water meter shall be included within the described meter safety zone working area. The unobstructed area shall not include any portion of a street, driveway, sidewalk, concrete, drive access, or other area where vehicular or pedestrian traffic has access to, across or over.
- In order to provide safe access by City officials and employees for reading, inspection and maintenance of the meter, all water meters shall be located outside of and at least 18 inches (18") away from any street, driveway, sidewalk, concrete, drive access, or other area where vehicular or pedestrian traffic has access to, across or over. For purposes of this dimensional standard, the 18 inches (18”) shall be measured from the center of the ring of the meter to the adjacent street, driveway, sidewalk, concrete, drive access or other area of vehicular or pedestrian traffic.
- In order to avoid damage to the water meter from freezing, no water meter shall be located within six inches (6") of any concrete or other hard surfacing.
- In order to avoid damage to the water meter from tree roots, no water meter shall be located within six feet (6') of any existing tree and no future trees shall be planted or maintained with six feet (6') of any water meter. Nothing herein shall prevent the City from removing any tree within the public right-of-way as permitted by law.
- Standard water meter lids are not designed or manufactured for traffic or other heavy vehicles or equipment. In addition to concerns for worker safety and access to water meters, injury to persons or property may occur when water meters are located within vehicular or pedestrian accesses. As such, no water meter shall be located within any paved or hard surfaced street, driveway, sidewalk, drive access, or any other area where vehicular or pedestrian traffic has access to, across or over the water meter.
- All water meters shall be located within the landscaped parkstrip area of the public right-of-way between the curb and sidewalk. In the event the sidewalk is located adjacent to the curb, the water meter location shall be approved by the Public Works Director.
- The property owner shall grant to the City a satisfactory and recordable easement and right-of-way to install, construct, maintain and operate all water meters and related facilities where located outside the public right-of-way. All water meters shall be deemed to be and remain the property of the municipality. Whenever a dispute between the Public Works Director and the property owner arises as to the appropriate number of meters to be installed on any premises, the matter shall be heard and determined by the City Council after due notice in writing to the parties involved.
- The water superintendent shall cause meter readings to be taken regularly and shall advise the Finance Department thereof for the purpose of recording the necessary billings for water service.
- Meters may be checked, inspected or adjusted at the discretion of the City, and they shall not be adjusted or tampered with by the customer. Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the City unless special written permission is given by the water superintendent.
- If a customer submits a written request to the water superintendent to test customer’s water meter, the City may, if under the circumstances it deems it advisable and in its discretion, order a test of the meter measuring the water delivered to such customer. If such request is made within 12 months after the date of the last previous test, the customer may be required to pay the cost of such test. If the meter is found in such test to record from 97% to 103% of accuracy under methods of testing satisfactory to the City Council, the meter shall be deemed to accurately measure the use of water.
- If the City’s meters fail to register at any time, the water delivered during the period of failure shall be estimated on the basis of previous consumption during a period which is not questioned. In the event a meter is found to be recording less than 97% or more than 103% of accuracy, the City shall make such adjustments in the customer's previous bills as are just and fair under the circumstances.
- All damages or injury to the lines, meters or other materials of the municipality on or near the customer's premises caused by an act or neglect of the customer shall in the discretion of the municipality be repaired by and at the expense of the customer, and the customer shall pay all costs and expenses, including reasonable attorney fees, which may arise or accrue to the City through its efforts to repair the damage to the lines, meters or to other equipment of the water department or collect such costs from the customer.
- In cases where water meters have been previously installed to serve residential property, no driveways shall thereafter be installed to serve said property which are located on or over the installed water meter. Property owners desiring to locate or construct private residential driveways on or over any existing water meter shall be obligated, prior to installation of such driveway, to request the City to relocate the water meter to a new location which is acceptable to the City. All costs of such relocation shall be borne by the property owner requesting the relocation.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2022-15 on 7/19/2022
It shall be unlawful for any person to lay, repair, alter or connect any waterline to the municipal culinary water system without first having received a construction permit from the Public Works Department. A state contractor’s license for this specific purpose is required.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Applications for permits to make water connections or other alteration or for laying or repairing lines connected directly or indirectly to the municipal culinary water system must be made in writing by a licensed plumber, the plumber’s authorized agent, or by the owner of the property, and shall describe the nature or work to be done. The application shall be granted if the water superintendent determines that:
- The connection, repair, alteration or installation will cause no damage to the street in which the water main is laid, or that it will not be prejudicial to the interests of persons whose property has been or may thereafter be connected to the water main.
- The connection conforms to the ordinances, regulations, specifications and standards of materials required by the municipality.
- All connections, alterations or installations to the culinary water system shall be to the line and grade designated by the water superintendent
- Fees for permits or for inspection services shall be of such amounts as the City Council shall from time to time determine by resolution.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In the event that the City in its sole discretion determines that any waterline of the City must be moved or replaced, the City shall bear that portion of the cost of such move or replacement which applies to main lines up to the property line of the customer. The cost of reconnecting such new line or lines from the house of the customer to the customer’s property line shall be borne by the customer.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Permission to connect with the municipal culinary water system shall not be given unless the plumbing in the house or building to be connected meets the provisions of the Building and Plumbing Codes adopted by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any customer desiring to discontinue culinary water service shall notify the City in writing of such fact at least 10 days before the date when such service shall be discontinued. On giving such written notice, the customer shall not be responsible for water bills incurred after the 10 day notice provided. Any credit balance in favor of the customer as a result of an advance payment of bills or a deposit will be refunded upon discontinuance of service.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Initial installation of fire hydrants and related facilities shall be at the expense of the property owner or developer and shall be made in accordance with specifications, requirements and under the direction of the City. The property owner or developer shall deposit with the City a sum equal to the cost for installation estimated by the City Engineer which shall include labor, materials, engineering and design fees, inspection, administrative and contingency fees. After installation is complete, if the deposit is in excess of the actual costs as verified by the City Engineer, the City will refund the difference. If the actual costs exceed the deposit amount, the property owner or developer shall pay the difference to the City within 30 days of invoice from the City. The property owner shall grant to the City a satisfactory recordable easement and right-of-way to install, construct, maintain, flush and operate such hydrants and related facilities on their premises. The easement shall provide that the owner will indemnify and hold the City harmless against property damages or personal injury resulting from ownership or maintenance. After installation and acceptance by the City, the fire hydrants shall thereafter be maintained by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person, subdivider or developer who is required or desires an extension of any culinary water main within the City, shall first obtain approval of the City for such extension. Prior to extending any water main within the City, such person, subdivider, or developer shall make written application to the City. The application shall contain a description of the proposed extension, including all related facilities such as laterals, meters, and valves, and shall be accompanied by a map showing location of the proposed extension and related facilities together with an offer to advance the entire cost and expense thereof, which cost shall be determined by the City Engineer. The extension and related facilities shall be designed and sized by the City Engineer and shall comply with all specifications and requirements of the City and its ordinances. The City Engineer shall estimate the cost of the proposed extension and all related facilities, including, but not limited to laterals, meters, and valves. The City may approve or deny the application upon such conditions as in its discretion seems best for the safety and welfare of persons within the City, existing water users, and the applicant. Upon approval by the City, the applicant shall pay all required fees to the City and a sum equal to the cost for installation estimated by the City Engineer which shall include labor, materials, engineering and design fees, and inspection, administrative and contingency fees. After installation is complete, if the deposit is in excess of the actual costs as verified by the City Engineer, the City shall refund the difference. If the actual costs exceed the deposit amount, the property owner or developer shall pay the difference to the City within 30 days of invoice from the City. The property owner shall grant to the City a satisfactory and recordable easement and right-of-way to install, construct, maintain and operate such water mains and related facilities where located outside of the public right-of-way.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Upon the receipt of an application to extend any culinary water main within the City, and before the application is granted, the City Engineer shall provide an estimate of the cost of making such an extension.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
If the City approves the extension application, the amount of the estimated cost of making the extension, as provided by the City Engineer, shall be deposited with the City before any work shall be done on such extension. The deposit shall be made within 30 days, or such other time as the City shall indicate, after the granting thereof. The City may also require the applicant to enter into a water main extension agreement prior to commencement of work on the extension.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All extensions located within public rights-of-way or public utility easements accepted by the City shall be deemed to be the property of the City after completion, inspection, and acceptance of such facilities by the City. Unless otherwise directed by the City, the City shall own all water mains, waterlines, and laterals from the main line to the meter. Waterlines, service lines and laterals from the meter to the property, building or use shall be the property and sole responsibility of the property owner unless located within a public easement and specifically accepted by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Unless otherwise included in an application for the extension of a culinary water main in accordance with CMC 9.02.310 or CMC 9.02.370, any person, subdivider, or developer who is required or desires to install a new water lateral or upgrade, eliminate, modify or relocate an existing water lateral shall first obtain approval of the City for such new or modified water lateral. The application shall contain a description of the proposed water lateral or modification, including all related facilities such as meters and valves, and shall be accompanied by a map showing location of the proposed or modified water lateral and related facilities together with an offer to advance the entire cost and expense thereof, which cost shall be determined by the City Engineer. The water lateral and related facilities shall comply with all specifications and requirements of the City and its ordinances, including, but not limited to, the Plumbing Code, as adopted by the City. The City Engineer shall estimate the cost of the proposed or modified water lateral and all related facilities, including, but not limited to meters and valves. The Public Works Director may approve or deny the application upon such conditions as in his or her discretion seems best for the safety and welfare of persons within the City, existing water users, and the applicant. Upon approval by the Public Works Director, the applicant shall pay all required fees to the City and a sum equal to the cost for installation or modification estimated by the City Engineer which shall include labor, materials, engineering and design fees, and inspection, disconnection, administrative and contingency fees. After installation is complete, if the deposit is in excess of the actual costs as verified by the City Engineer, the City shall refund the difference. If the actual costs exceed the deposit amount, the property owner or developer shall pay the difference to the City within 30 days of invoice from the City. The property owner shall grant to the City a satisfactory and recordable easement and right-of-way to install, construct, maintain and operate such water laterals and related facilities where located outside of the public rights-of-way. All water laterals, meters and related facilities located within the public rights-of-way or public utility easements accepted by the City shall be deemed to be the property of the City. All service lines and related facilities located on private property shall be the property and sole responsibility of the property owner.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City may furnish water service from its culinary water system to persons outside the City in accordance with the provision of this Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person located outside the City limits who desires to be supplied with culinary water services from the municipal culinary water system and is willing to pay in advance the whole expense of extending the water system to the applicant’s property, including the cost of extending the water main beyond its present location, may make application to the City Council. Any such application shall include the following information:
- A description of the proposed water system extension.
- A map showing the location of the proposed water system extension.
- An offer to pay the whole expense incurred by the City in providing such extension and to advance such expenses as shall be verified to by the City Engineer. The City Council may require the applicant seeking such extension to enter into an agreement providing in detail the terms under which the extension will be constructed, how the extension may be utilized by others in the future, and the terms under which all or any portion of cost of installing such extension may be refunded. No such refund agreement will be for a period of more than 10 years, nor will interest charges accrue.
- An acknowledgement that the municipality in granting the application need supply only such water to the petitioner which from time to time the City Council deems beyond the requirements of water users within the municipal limits, and that such extension shall be the property of and subject to the control of the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
When an extension supplying more than one house or user outside the City limits is connected to municipal culinary water mains, the water superintendent may require a master meter to be installed near the point where the connection is to be made to the municipal main. Installation of the master meter and all costs associated with the master meter will be at the expense of the persons served by such extension according to the regular rates for meter installation. Responsible parties must agree to pay all bills for water served through the meter at the applicable water rates.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Upon receipt of an application for culinary water service outside City limits, and before the application is granted, the City Council shall determine what portion, if any, of the extension of the municipal culinary water mains to the City limits shall be constructed, and shall obtain from the City Engineer a verified statement showing the entire estimated cost of making such extension. Such costs and expenses shall include administrative and supervisory expenditures of the water department, which shall in no event be deemed to be less than 10% of the cost of materials and labor. The City maintains the option of charging an upfront cost per foot for the improvements, and contracting work out by competitive bid.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
9.03.010 Title9.03.020 Purpose9.03.030 Authority9.03.040 Applicability9.03.050 Jurisdiction9.03.060 Definitions9.03.070 Designation Of Protection Zones9.03.080 Determination Of Protection Zones9.03.090 Uses And Restrictions Within Protection Zones9.03.100 Exclusions9.03.110 Exemptions9.03.120 Review Of Permits9.03.130 Best Management Practices9.03.140 Reporting Of Spills9.03.150 Enforcement And Inspections9.03.160 Water Supplier Right Of Enforcement9.03.170 Violations9.03.180 Appeals9.03.190 Abrogation And Greater Restrictions9.03.200 Review Of The Provisions9.03.210 Liability9.03.220 Protection Afforded9.03.230 Compliance With Other Applicable Laws9.03.240 Use Matrix For Potential Contamination Sources9.03.250 Generic List Of Regulated SubstancesThis Chapter shall be known as the “Drinking Water Source Protection Ordinance”.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The purpose of this Chapter is to ensure the provision of safe and sanitary drinking water supply for the City by the establishment of drinking water source protection zones surrounding drinking water wells and springs that are supply sources for public water systems within the City and by the designation and regulation of property uses and conditions that may be maintained within such zones. It is the intent of this Chapter to comply with all applicable federal and state laws, rules and regulations for safe drinking water source protection, including, but not limited to, the Utah Safe Drinking Water Act, as set forth in Utah Code §§ 19-4-101, et seq., and the source protection rules and regulations as set forth in the Utah Administrative Code R309-600.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
This Chapter is adopted pursuant to authority set forth in Utah Code § 10-8-15, the provisions of the Utah Administrative Code, R309-600, and other applicable statutory and common laws of the State of Utah.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Unless otherwise specified, the provisions of this Chapter shall apply to existing uses, new development, the expansion of any existing building or use, new or changed uses, and/or the handling, movement and storage of potentially hazardous materials within the City or without, to the extent allowed by State law or agreement with the appropriate jurisdiction. It shall be the responsibility of any person owning real property and/or operating a business within the jurisdiction of the City, or conducting activities within the City, to conform and comply with the applicable provisions contained in this Chapter. Ignorance of this Chapter and the provisions set forth herein shall not excuse any violation of this Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The provisions of this Chapter shall be effective within the corporate boundaries of the City with respect to groundwater sources and to groundwater sources which are under the direct influence of surface water which are used by public water systems to supply drinking water, and to the fullest extent permitted by law, outside the corporate boundaries of the City with respect to such groundwater sources. Specifically, pursuant to authority set forth in Utah Code § 10-8-15, the City has extraterritorial jurisdiction to enact ordinances to protect a stream or source from which the City or its inhabitants derive their water supply, in whole or in part, for domestic and culinary purposes, for 15 miles above the point from which it is taken and for a distance of 300 feet on each side of any stream.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- “Best Management Practices” (or “BMP”) means a practice or combination of practices determined to be the most effective practicable means of conducting a land use activity to minimize the potential for becoming a pollution source (including technological, economic and institutional considerations).
- “Collection Area” means the area surrounding a groundwater source which is underlain by collection pipes, tile, tunnels, infiltration boxes, or other groundwater collection devices.
- “Continuous Transit” means the nonstop movement of a mobile vehicle except for stops required by traffic laws.
- "Design Standard" means established state or national standards for the design, construction, placement, or maintenance of a potential contamination source to prevent discharges to the groundwater. Spill protection is an example of a design standard.
- "Discharge" means, but is not limited to, spilling, leaking, seeping, pouring, injecting, emitting, emptying, disposing, releasing, or dumping regulated substances, hazardous waste, or petroleum products to the soils, air, ground waters or surface waters of the City. Discharge does not include the use of a regulated substance in accordance with the appropriate use intended or specified by the manufacturer of the substances; provided that such use is not prohibited by federal, state or local laws or regulations. Discharge also does not include discharges specifically authorized by federal or state permits.
- "Drinking Water Source Protection Zone" means the specified surface and subsurface area surrounding a groundwater source of drinking water supplying a public water supply through which contaminants are reasonably likely to move toward and reach such groundwater source. The Drinking Water Source Protection Zones for the protection of drinking water sources within the jurisdiction of this Chapter are more particularly described and defined in CMC 9.03.070.
- "EPA" means the United States Environmental Protection Agency.
- "Groundwater" means any water which may be drawn from the ground.
- "Groundwater Divide" means that subsurface boundary at which groundwater flow occurs in opposite directions, usually occurring at the high and low points of surface topography. Groundwater flows away from this line at all times.
- "Hazardous Waste" means a waste with properties that make it dangerous or potentially harmful to human health or environment and any hazardous waste as defined by the EPA.
- "Land Management Strategies" means land use and non-land use controls which include, but are not limited to the following: land use ordinances, site plan reviews, design and operating standards, source prohibitions, purchase of property and development rights, public education programs, groundwater monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements, and so forth.
- "Person" means an individual, partnership, corporation, association, joint venture, governmental entity or other legal entity, and shall include the plural as well as the singular.
- "Petroleum Product" means fuels (gasoline, diesel fuel, kerosene, and mixtures of these products), lubricating oils, motor oils (new and used), hydraulic fluids, and other similar petroleum-based products.
- "Pollution Source" means point source discharges of contaminants to groundwater or potential discharge of the liquid forms of "extremely hazardous substances" which are stored in containers in excess of "applicable threshold planning quantities" as specified in SARA Title III. Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, Class V underground injection wells, landfills, open dumps, land filling, of sludge and septage, manure piles, Salt piles, pit privies, and animal feeding operations with more than 10 animal units. The following clarify the definition of pollution source:
- "Animal Feeding Operation" means a lot or facility where the following conditions are met: animals have been or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes.
- "Animal Unit" means a unit of measurement for any animal feeding operation calculated by adding the following numbers; the numbers of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 55 pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.
- "Extremely Hazardous Substances" means those substances which are identified in the Section 302(EHS) column of the SARA Title III List of Lists - Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-to-Know Act (EPCRA) and Section 112(r) of the Clean Air Act, as amended.
- "Potential Contamination Source" (or "PCS") means any facility or site which employs an activity or procedure which may potentially contaminate groundwater. A pollution source is also a potential contamination source.
- "Regulated Substances" means substances (including degradation and interaction products), which because of quantity, concentration, or physical, chemical (including ignitability, corrosivity, reactiveness and toxicity), infectious characteristics, radiomutagenicity, carcinogenicity, teratogenicity, bio-accumulative effect, persistence (non-degradability) in nature, or any other characteristics relevant to a particular material that may cause significant harm to human health and/or the environment (including surface and groundwater, plants and animals).
- "Regulatory Agency" means any governmental agency (local, state or federal) with jurisdiction over hazardous waste as defined herein.
- “Sanitary Landfill” means a disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.
- “SARA” means the Superfund Amendment and Reauthorization Act, Title III, 40 CFR 300-302.
- "Septic Tank/drain Field System" means a system which is comprised of a septic tank and a drain-field which accepts wastewater from buildings or facilities for surface or subsurface treatment and disposal.
- “Well” means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development or artificial recharge of groundwater.
- “Wellhead” means the physical structure, facility or device at the land surface from or through which groundwater flows or is pumped from subsurface water-bearing formations.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Drinking Water Source Protection Zones (Protection Zones) for the protection of drinking water sources within the jurisdiction of this Chapter are hereby designated to be known as Protection Zone 1, Protection Zone 2, Protection Zone 3, and Protection Zone 4 identified and described as follows. The Protection Zones are further delineated in the City’s Drinking Water Source Protection Zone Map on file with the City and available for public review during regular business hours at the City Offices.
- Protection Zone 1 is the area within a 100-foot radius from the wellhead or margin of the collection area.
- Protection Zone 2 is the area within a 250-day groundwater time of travel to the wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.
- Protection Zone 3 is the area within a 3-year groundwater time of travel to the wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.
- Protection Zone 4 is the area within a 15-year groundwater time of travel to the wellhead or the margin of the collection area, the boundary of the aquifer(s) which supplies water to the groundwater source, or the groundwater divide, whichever is closer.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Portion of Parcel. If any portion of a parcel lies within a Protection Zone, the entire parcel shall be governed by the restrictions and requirements of that Protection Zone. Parcels located within more than one Protection Zone shall comply with the restrictions and requirements of the most restrictive Protection Zone covering any portion of the parcel.
- Boundary Disputes. If the location of any Protection Zone boundary in relation to a particular parcel or property is disputed, resolution of the boundary dispute shall be through an administrative determination application to the Public Works Director. The burden of proof shall be upon the owner(s) of the land to demonstrate where the boundaries of the Protection Zone with respect to their individual parcel or property should be located. If the owner(s) request the City to determine more accurately the boundaries of the Protection Zone with respect to an individual parcel or property, the City may engage a professional engineer, hydrologist, geologist, or soil scientist and charge the owner(s) for the cost of the investigation.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Unlawful Discharges. No person shall discharge, or permit the discharge of any regulated substance, hazardous waste, or petroleum product, whether treated or untreated, to soils, air, groundwater, or surface water in any Protection Zone, that may have a deleterious effect upon groundwater within the City, unless the discharge is in compliance with all applicable federal, state and local laws and regulations.
- Permitted Uses. The following uses shall be permitted within any Protection Zone:
- Any use permitted within existing underlying agricultural, residential, or commercial districts so long as such uses conform to the rules and regulations of any regulatory agency having jurisdiction.
- Any other open land use where any building located on the property is incidental and accessory to the primary open land use.
- Prohibited Uses. The following uses or conditions shall be and are hereby prohibited within Protection Zones, whether or not such use or condition may otherwise be ordinarily included as a part of a use permitted under Subsection (b) above, or as an accessory use thereto.
- Protection Zone 1 - The location of any potential contamination source as defined herein, unless controlled with design standards.
- Protection Zone 2 - The location of any potential contamination source as defined herein, unless its contaminated discharges can be controlled with design standards.
- Protection Zones 3 and 4 – The location of any potential contamination source, unless it is controlled through land management strategies.
- Table of Uses and Regulated Substances. To further clarify permitted, restricted and prohibited uses in the Protection Zones, refer to CMC 9.03.240 regarding the Use Matrix for Potential Contamination Sources. For a Generic List of Regulated Substances, see CMC 9.03.250.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The following substances are not subject to the restrictions and prohibitions set forth in CMC 9.03.090 within Protection Zones 2-4, provided that these substances are handled, stored, and disposed of in a manner that does not result in an unauthorized discharge or cause contamination of the groundwater.
- Regulated substances stored in appropriate product tight containers at residences that do not exceed 10 pounds (dry) or five gallons (liquid) and used for personal, family or household purposes.
- Commercial products limited to use at the commercial site solely for office or janitorial purposes when stored in appropriate product tight containers in total quantities of less than 20 pounds (dry) or 10 gallons (liquid).
- Prepackaged consumer products available through retail sale to individuals for personal, family, or household use, that are properly stored in appropriate product tight containers.
- Water-based latex paint, or oil-based finishes, in quantities normally available at retail outlets, when stored, handled and applied in accordance with the manufacturer’s instructions, label directions, and nationally recognized standards.
- Fertilizers, treated seed, pesticide products, erosion control products, soil amendment products, or similar application products, in quantifies normally available at retail outlets, when stored, handled and applied in accordance with the manufacturer’s instructions, label directions, and nationally recognized standards.
- Compressed gases.
- Substances or mixtures which may pose a hazard but are labeled pursuant to the Federal Food, Drug and Cosmetic Act.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The following uses and/or activities are exempt from the restrictions and prohibitions set forth in CMC 9.03.090 within Protection Zones 2-4.
- Continuous Transit. The transportation of any regulated substance(s) through any Protection Zone shall be allowed provided that the transporting vehicle is in continuous transit and meets applicable federal and state transportation requirements and regulations.
- Fuel and Lubricant Use. The use of any petroleum products solely as an operational fuel in a vehicle or lawn or garden tool or device, or as a lubricant in such a vehicle, tool or device, shall be exempt from the provisions of this Chapter. These spent products shall be properly disposed of in compliance with applicable federal, state, and local laws and regulations.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any and all development or use permits or approvals for property located within a Protection Zone shall be submitted to the Public Works Director for review, including, but not limited to, conditional use permits, site plans, subdivisions, nonconforming uses, variances, and building permits. The Public Works Director shall review the proposed application for compliance with the terms and conditions of this Chapter. If the Public Works Director determines the application meets the terms and conditions of this Chapter and that the proposed use or development will not have an adverse impact on groundwater quality, the Public Works Director may approve the application for further processing. The Public Works Director may also impose any necessary design standards, land management strategies, or other conditions and restrictions on the application to the extent necessary to mitigate any potential adverse impacts of the proposed application. If the Public Works Director determines the proposed application may have an adverse effect upon groundwater quality and that the potential adverse effects cannot be adequately mitigated as provided herein, the permit may be denied.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Under the provisions of this Chapter, all potential contamination sources within a Protection Zone shall incorporate and utilize best management practices in their operations. BMPs that reduce the potential for spills and leaks at a site to occur and enter groundwater shall be construed within the context of this Chapter to include, but not be limited to, structural and nonstructural practices, conservation practices, and operation and maintenance procedures as specified by the Utah Department of Environmental Quality, Division of Drinking Water and the EPA. At a minimum, the BMPs listed in the City’s Drinking Water Source Protection Plan, as submitted to the State of Utah, as amended, shall be incorporated and utilized. The City’s Drinking Water Source Protection Plan, and the BMPs referred to therein, are on file with the City and may be available for public review during regular business hours at the City Offices.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any spill of a regulated substance in excess of the nonaggregate quantity thresholds established by the List of Hazardous Waste (40 CFR part 261, Subpart D), 40 CFR Appendix VIII - Hazardous Constituents and EPA Designation Reportable Quantities and Notification Requirements for Hazardous Substances under CERCLA (40 CFR 302, effective July3, 1986), as amended, shall be reported by telephone to the Public Works Director and the City Manager, or their designees, within one hour of discovery of the spill. Cleanup shall commence immediately upon discovery of the spill. A full written report shall be submitted to the Public Works Director and the City Manager within 15 days of discovery of the spill.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Public Works Director, or designee, including authorized Code enforcement officer (hereinafter collectively referred to as the “Public Works Director”) is hereby granted the right to enforce the provisions of this Chapter on behalf of the City. The Public Works Director has the right to conduct or cause to be conducted inspections to determine compliance with the provisions of this Chapter. Noncompliance with the provisions of this Chapter is a violation of this Chapter subject to enforcement action, penalties and liability as more particularly provided herein.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In accordance with Utah Code § 19-4-113, a retail water supplier or wholesale water supplier may seek enforcement of the drinking water source protection zone provisions of this Chapter and the use restrictions within such protection zones if: (1) the City notifies the retail or wholesale water supplier within 10 days of receiving notice of a violation of this Chapter that the City will not seek enforcement of this Chapter; or (2) the City does not seek enforcement of this Chapter within two days of a notice of violation of this Chapter when the violation may cause irreparable harm to the groundwater source.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Continuing Violation. Each day that any violation of this Chapter is committed, maintained, continued or permitted shall be considered a separate offense for purposes of the penalties and remedies available to the City.
- Cumulative Remedies. In addition to any of the remedies provided herein, the City shall have such remedies and powers of enforcement for violations of this Chapter as provided by Utah law or City Ordinances. All remedies shall be cumulative and non-exclusive.
- Complaints. The Public Works Director, or designee, may investigate any purported violation of this Chapter and take such action as is warranted in accordance with the provisions and procedures set forth herein.
- Notice of Violation. If the Public Works Director determines that any provision of this Chapter is being violated and immediate enforcement action is not necessary under the circumstances, the Public Works Director shall provide a written notice of violation to the property owner or any other person determined to be responsible for the violation. Such written notice of violation shall indicate the nature of the violation, the action necessary to correct the violation, the warning period established before further enforcement action or penalties, and the potential enforcement action and/or penalties to be imposed for failure to cure the violation within the established warning period. Such notice of violation shall serve to start the warning period.
- Warning Period. Unless otherwise determined by the Public Works Director, the warning period for correction of violations set forth in the notice of violation shall be 10 days from the date of receipt of the notice of violation. If the violation remains uncured after expiration of the warning period, the Public Works Director shall pursue further enforcement action as deemed appropriate in accordance with the provisions provided herein. The Public Works Director is authorized, in his or her discretion, to extend the warning period, not to exceed 30 days, if the Public Works Director determines that good cause exists for such extended warning period and the extension will not create or perpetuate a situation imminently dangerous to life or property. Any such extension shall require written agreement by the property owner or person responsible for the violation to remedy the violations within a set time frame and to comply with any and all conditions of extension as required by the Public Works Director. A request for extension shall be filed in writing by the property owner or person responsible for the violation prior to the expiration of the 10 day response period.
- Immediate Enforcement. In the case of a violation involving continuing construction, business or development, or an emergency situation, as reasonably determined by the Public Works Director, the City may use the enforcement powers and remedies available to it under this Chapter without prior notice or notice of violation. In such case, the Public Works Director shall send the notice to the same parties set forth in subsection (d) simultaneously with the beginning of enforcement action.
- Abatement. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained, or any land, building, business or premises used contrary to the provisions of this Chapter, is hereby declared to be unlawful and a public nuisance. The City Attorney, Prosecutor or other authorized legal counsel may commence action or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law. The City Attorney, Prosecutor, or other authorized legal counsel may also take such other steps and may apply to such court as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any building, structure, business or property contrary to the provisions of this Chapter.
- Cease and Desist Order. In the event of a discharge of a regulated substance, if the Public Works Director deems the activity to pose a real and present danger of contaminating surface or groundwater which would normally enter the public water supply, the Public Works Director has the authority under this Chapter to cause the immediate cessation of said activity or use of such regulated substance, require administrative controls to mitigate said danger and/or initiate other pollution control and abatement activities which he or she deems necessary in his or her discretion. A cease and desist order shall also be issued by the Public Works Director if the violator is found not to employ BMPs and there is an immediate threat to public health and safety or if the violation is not corrected within the time frame specified in a written warning previously issued to the violator. In the event the violator fails to comply with a cease and desist order within the specified time period, the Public Works Director has the authority to initiate proceedings for issuance of penalties and other relief as necessary.
- Criminal Citation. If any violation of this Chapter remains uncured after issuance of a notice of violation and expiration of the warning period, a criminal citation may be issued to the property owner or other person determined to be responsible for the violation in accordance with the notice of violation. All criminal citations for Chapter violations shall be issued by the City Police Department in accordance with applicable criminal procedures for issuance of a criminal citation.
- Penalty. Violations of the provisions of this Chapter constitute a Class B misdemeanor, subject to fines and penalties provided by law, or enforced through the civil enforcement procedures set forth in CMC 1.06 (Civil Penalties).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person may appeal a final determination of the Public Works Director regarding a boundary dispute, the denial of a permit or conditions attached thereto, or any other final determination or action taken under this Chapter to the City Manager by filing a written notice of appeal within 14 days from the date of final action stating the grounds for appeal and providing all supporting documentation and evidence regarding the appeal. The appellant shall bear the burden to establish that there was an error in the Public Works Director’s determination or that such determination was illegal.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and other restriction, including land use codes or development regulations, conflict or overlap, whichever imposes the most stringent restrictions shall prevail.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City shall review the provisions of this Chapter at least once every six years, or more frequently if determined appropriate by the City, to determine its applicability, and may incorporate changes as deemed appropriate. Failure to conduct this review shall not affect the validity of this Chapter, its provisions, or the Protection Zones adopted herein.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person subject to regulation under this Chapter shall be liable with respect to regulated substances emanating on or from the person's property for all cost of removal or remedial action incurred by the City and for damages for injury to, destruction of, or loss of natural resources, including the reasonable cost of assessing such injury, destruction, or loss from the release or threatened release or a regulated substance as defined by this Chapter. Such removal or remedial action by the City may include, but is not limited to, the prevention of further contamination of groundwater, monitoring, containment, and cleanup or disposal of regulated substances resulting from spilling, leaking, pumping, pouring, emitting, or dumping of any regulated substance or material which creates, or is expected to create, an emergency or hazardous situation.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The degree of protection afforded by this Chapter is considered adequate for regulatory purposes. This Chapter does not ensure that public drinking water sources will not be subject to accidental or intentional contamination, nor does it create liability on the part of the City, or any officer or employee thereof, for any damages to the public water supplies arising out of reliance on this Chapter or any administrative order lawfully made hereunder.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Compliance with the terms of this Chapter shall not relieve the owner subject to the terms herein of the obligation to comply with any other applicable federal, state, regional or local law or regulations, rules, ordinances, laws or requirements, nor shall compliance with the terms of this Chapter relieve any person or owner of any liability for violation of such laws, regulations, rules, ordinances, or requirements.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The following Use Matrix identifies uses which have varying potentials to contaminate groundwater sources. These uses have been classified according to risk of contamination in each Protection Zone. This Use Matrix is for clarification and planning purposes. The Use Matrix is not intended or considered to be all-inclusive. Substances that are not on this Use Matrix may need further clarification. The following definitions shall apply to the designations set forth in the Use Matrix:
Allowed Use (A) means a use, activity, or practice which does not create a risk of contamination in the specified zone significant enough to require the implementation of regulatory requirements or BMP's and is an allowed use.
Restricted Use (R) means a use, activity, or practice, the nature or some element of which represents a potential contamination source. The use, activity, or practice may be permitted only after review and approval by the Public Works Director. As part of this review, recommendations from any applicable regulatory agencies shall be considered. Restricted uses are subject to BMP's and compliance with other reasonable conditions as may be imposed by the Public Works Director or other applicable regulatory agencies.
Prohibited Use (X) means a use, activity, or practice which creates a substantial risk of contamination in the specified zone and is not permitted.
USE MATRIX FOR POTENTIAL CONTAMINATION SOURCES
| POTENTIAL CONTAMINATION SOURCES | Protection Zone |
| Zone 1 | Zone 2 | Zone 3 & 4 |
| Abandoned wells | X | X | X |
| Agricultural pesticide, herbicide and fertilizer storage, use, filling, and mixing area pursuant to federal regulations | X | R | A |
| Airport maintenance and fueling sites | X | R | R |
| Appliance repair | X | R | R |
| Dealership maintenance departments | X | R | R |
| Tire | X | R | R |
| Auto body | X | R | R |
| Engine Repair | X | R | R |
| Rust proofing | X | R | R |
| Oil and lube shops | X | R | R |
| Vehicle rental with maintenance | X | R | R |
| Beauty salons | X | R | A |
| Boat building and refinishing | X | R | R |
| Car washes | X | A | A |
| Cemeteries, golf courses, parks and plant nurseries | X | R | R |
| Chemical reclamation facilities | X | R | R |
| Chemigation wells | X | X | R |
| Concrete, asphalt and tar companies | X | R | R |
| Dairy Farms and animal feed lots (more than 1,000 animal units) | X | X | A |
| Dry cleaners (with onsite chemicals) | X | X | R |
| Dry cleaners (without onsite chemicals) | X | A | A |
| Embalming services | X | R | R |
| Dump sites | X | R | R |
| Maintenance garages | X | R | R |
| Manure piles (per 1,000 animal units) | X | X | A |
| Food processing, meat packing and slaughter houses | X | X | A |
| Fuel, oil and heating oil distribution and storage facilities | X | R | R |
| Furniture stripping, painting and finishing businesses | X | R | R |
| Gasoline service stations (including underground storage tanks) | X | R | R |
| Hospitals and medical, dental and veterinary offices | X | R | R |
| Industrial manufacturers of chemicals, pesticides, herbicides, paper products, leather products, textiles, rubber, plastic, fiberglass, silicone glass, pharmaceuticals and electrical equipment, etc. | X | R | R |
| Industrial waste disposal / impoundment areas | X | X | R |
| Junk and salvage yards | X | R | R |
| Landfills and transfer stations | X | R | A |
| Laundromats | X | A | A |
| Machine shops, metal plating, heat treating, smelting, annealing and descaling facilities | X | R | R |
| Radiological | X | R | R |
| Sand and gravel excavation and processing | X | R | R |
| Municipal wastewater treatment plants | X | X | A |
| Photo processing and print shops | X | R | R |
| Railroad loading or unloading areas | X | R | R |
| Railroad yards | X | R | R |
| Residential pesticide, herbicide and fertilizer storage, use, filling and mixing areas pursuant to federal regulations | X | A | A |
| R V waste disposal stations | X | X | A |
| Salt and salt-sand piles | X | R | R |
| Septic tank drain field systems | X | X | R |
| Storm water detention basin and snow storage sites | X | R | A |
| Oil pipelines | X | X | X |
| Toxic chemical storage | X | X | X |
| Wood preservative treatment facilities | X | R | R |
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The following is a generic list of regulated substances. This list is not intended to be all-inclusive, but is provided for convenience as a sample list.
GENERIC REGULATED SUBSTANCE LIST
| Acid and basic cleaning solutions | Laboratory chemicals |
| Antifreeze and coolants | Liquid storage batteries |
| Animal Dips | Medical, pharmaceutical, dental veterinary and hospital solutions |
| Arsenic and arsenic compounds | Mercury and mercury compounds |
| Battery acids | Metal finishing solutions |
| Bleaches and peroxide | Oils |
| Brake and transmission fluid | Paints, primers, thinners, dyes, stains, wood preservative, varnishing and cleaning compounds |
| Brine solution | Painting solvents |
| Casting and foundry chemicals | Pesticides and herbicides |
| Caulking agents and sealants | Photo development chemicals |
| Cleaning solvents | Plastic resins, plasticizers and catalysts |
| Corrosion and rust preventatives | Poisons |
| Cutting fluids | Polishes |
| Degreasing solvents | Polychlorinated biphenyls (PCBs) |
| Disinfectants | Pool chemicals |
| Dyes | Processed dust and particulate |
| Electroplating solutions | Radioactive sources |
| Explosives | Reagents and standards |
| Fertilizers | Refrigerants |
| Fire extinguishing chemicals | Roofing chemicals and sealers |
| Food processing wasters | Sanitizers, disinfectants, bactericides and algaecides |
| Formaldehyde | Soaps, detergents and surfactants |
| Fuels and additives | Solder and fluxes |
| Glues, adhesives and resins | Stripping compounds |
| Greases | Tanning industry chemicals |
| Hydraulic fluid | Transformer and capacitor oils and fluids |
| Indicators | Wastewater |
| Industrial and commercial janitorial supplies | Water and wastewater treatment chemicals |
| Industrial sludges and stillbottoms | |
| Inks, printing and photocopying chemicals | |
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
9.04.010 Findings9.04.020 Bulk Water Station And Fire Hydrant Permits9.04.030 Permit Required9.04.040 Fees9.04.050 Issuance Of Permit9.04.060 Water Meters And Keys9.04.070 Payment9.04.080 Inspection9.04.090 Records9.04.100 Rules And Regulations9.04.110 Indemnification9.04.120 Revocation9.04.130 Unauthorized Use9.04.140 Penalty9.04.150 AppealsDue to the rapid and continuing growth within Centerville City and in order to protect the efficient and safe use of the City's water system, the City Council hereby finds it to be in the best interest of the public health, safety and welfare to establish a system for drawing and purchasing water from the Public Works Department Bulk Water Station and City fire hydrants for the purpose of filling water trucks for construction, dust control and other private uses. The City Council further finds that the establishment of such a system will help preserve fire hydrants from leaks, improper use, water hammering, and water theft; will help protect the City's water system from backflow contamination; and will provide an easy and efficient procedure for obtaining water at reasonable rates from the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The purpose of this Chapter is to provide a uniform set of guidelines for issuing Bulk Water Station and Fire Hydrant Permits. In most instances, water should be obtained from the Public Works Department Bulk Water Station in accordance with the permit procedures set forth herein. If use of the Bulk Water Station for obtaining water is unreasonable in certain circumstances, water may be obtained from City fire hydrants in accordance with the permit procedures set forth herein. Other means of obtaining water for construction purposes, dust control and other private uses should be explored and used whenever possible prior to seeking a Bulk Water Station or Fire Hydrant Permit. In any event, no private use of City fire Hydrants or public facilities as permitted herein, may interfere with the use of any fire hydrant or public facility by City or fire officials. Fire officials and the Public Works Department shall at all times have free access to all fire hydrants and public facilities.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person or entity desiring to obtain water from the Bulk Water Station or a City fire hydrant shall submit an application for a Bulk Water Station or Fire Hydrant Permit to the Public Works Department on forms provided by the City. The application shall be signed by the applicant or applicant's authorized and certified agent, and shall state the purpose for which the water is to be used and the location of the intended fire hydrant to be used, if applicable, and the desired term of the permit. Applicants must agree to and abide by all conditions, charges and liabilities of the permit.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Each application for a Bulk Water Station and Fire Hydrant Permit shall be accompanied by the required permit fees as set forth in the City Fee Schedule. No permit shall be issued until the proper fees have been paid to the City. Unless otherwise provided, the permit and fees required herein shall be in addition to any and all other licenses, permits and fees imposed by any other ordinance, regulation or law.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Public Works Director or Water Superintendent shall review all applications for Bulk Water Station and Fire Hydrant Permits and may issue or deny such applications based on consideration of the effect of the proposed use, the location of the hydrant, the availability of water from the system, assurance that the use of the hydrant(s) or Bulk Water Station will not adversely affect delivery of water to existing connections to the City water system, and compliance with all conditions and requirements of this Chapter. Bulk Water Station Permits may be renewed on an annual basis. Fire Hydrant Permits shall not exceed 30 days. Permits shall be valid only for the applicant for whom it was issued and only for the location and use for which it was issued and shall not be assignable or transferable.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Upon issuance of a Bulk Water Station Permit and payment of all required fees and deposits, the permit holder shall be issued an access number or key necessary to operate the Bulk Water Station at the Public Works Department facilities. A deposit shall be required for the issuance of a key for use of the Bulk Water Station in the amount set forth in the City Fee Schedule in order to insure return of the key. Upon issuance of a Fire Hydrant Permit and payment of all required fees and deposits, the permit holder shall obtain a meter and other required equipment from the Public Works Department necessary to obtain and meter the water drawn from the fire hydrant in accordance with the permit. A deposit shall be required for the use of the fire hydrant meter and other equipment provided by the City in an amount set forth in the City Fee Schedule in order to insure return of the meter and equipment in good condition. The meter number and reading shall be noted on the permit at the time of issuance.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Applicants obtaining water from the Bulk Water Station shall be billed monthly for the water obtained from the system in accordance with the rates set forth in the City Fee Schedule. In the alternative, the City may require Applicant to pre-pay for the good faith estimate of the amount of water to be used in accordance with the rates set forth in the City Fee Schedule. Applicants obtaining water from a fire hydrant shall be required to pay for the water obtained upon completion of the use of fire hydrant or expiration of the permit, whichever is sooner. Applicants shall return the meter and other equipment provided by the City and pay the appropriate fee in accordance with the rates set forth in the City Fee Schedule for the amount of water used as indicated on the returned meter. In the alternative, the City may require Applicant to pre-pay for the good faith estimate of the amount of water to be used at the appropriate rate set forth in the City Fee Schedule. All fees, deposits and payments shall be submitted to the City Treasurer's Office for receipt and remittance.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City reserves the right to supervise and/or inspect the use of the Bulk Water Station or any City fire hydrant in accordance with any permit issued by the City. Applicant shall close the hydrant and disconnect the meter from the hydrant when not using the water, thereby leaving the hydrants and public facilities free and clear for use by the City and fire officials.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Public Works Department shall keep a record of all permits issued hereunder.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Public Works Department may establish and adopt rules and regulations governing the use of the Bulk Water Station and City fire hydrants and permits issued under this Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Applicant shall be responsible for returning the key, meter and other equipment to the City in good condition when due. A late fee may be charged for any key, meter or equipment which is not returned to the City within 24 hours from the expiration of the permit as provided in the City Fee Schedule. Applicant shall be responsible to reimburse the City for the cost to replace any key, meter or equipment not returned and shall be liable for any and all damage to the City fire hydrants, Bulk Water Station, public facilities, or equipment in connection with applicant's use of the hydrants and Bulk Water Station. Applicant shall further indemnify and hold harmless the City, its officers, employees, agents and sureties, from liability of any kind or nature which may result from use of the Bulk Water Station, City fire hydrants, meters, equipment, or water as permitted herein.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any Bulk Water Station or Fire Hydrant Permit issued hereunder may be revoked or suspended by the City upon applicant's failure to comply with the rules and regulations of the Public Works Department and the ordinances of the City governing the use of water from the Bulk Water Station and City fire hydrants.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It is unlawful for any person, other than those duly authorized, to open or operate the Bulk Water Station, any City fire hydrant, or other public water facility or equipment, or to tamper or interfere with, or attempt to draw water there from, or in any way to obstruct the approach thereto.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person who violates the provisions of this Chapter may be guilty of a class B misdemeanor, subject to fines and penalties provided by law, or enforced through the civil enforcement procedures set forth in CMC 1.06 (Civil Penalties). In instances where the violation of this Chapter is a continuing violation, a separate offense shall be deemed committed for each day in which the violation occurs or continues. This Section shall not limit the authority of any court of competent jurisdiction to impose other sanctions or order any other relief as may be appropriate and lawful under the laws of the State of Utah.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person aggrieved by the denial or revocation of a Bulk Water Station or Fire Hydrant Permit may appeal such decision to the City Manager by filing written notice of appeal within 15 days from the date of the decision.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
9.05.010 Irrigation Water9.05.020 Prohibited Use Of Irrigation Or Nonpotable Water9.05.022 Required Use Of Irrigation Water For Irrigation Purposes9.05.024 Required Connection To Secondary Water For Irrigation Purposes9.05.030 Distribution Of Irrigation Or Nonpotable Water9.05.040 Disruption Of Drainage Or Water Courses Prohibited9.05.050 Building Permit - Water Course Review9.05.060 Public Works Director Determination9.05.070 Backflow Prevention Regulations9.05.080 Backflow Prevention Assembly Required9.05.090 Building Inspector Duties9.05.100 Certified Backflow Assembly Technician9.05.110 Backflow Prevention Definitions9.05.120 Backflow Prevention Requirements9.05.130 User Responsibility For Backflow Prevention Assembly9.05.140 PenaltyCenterville City does not operate or provide irrigation (or secondary) water. All irrigation water within the City must be obtained from third parties, including, but not limited to, the Deuel Creek Irrigation Company or the Weber Basin Water Conservancy District.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person, firm or corporation to:
- Use or cause to be used any untreated or nonpotable water from a pressure irrigation system for other than irrigation purposes.
- Interconnect or cause to be interconnected the potable and nonpotable portions, distribution systems or service lines of dual water supplies or extension thereof.
- Install or cause to be installed in the same trench or trenches the distribution or service lines of potable and nonpotable water.
- Connect or cause to be connected a service line to any distribution system or main line carrying nonpotable water without authority of the irrigation district, municipality, company or person having jurisdiction of the nonpotable water supply.
- Extend or cause to be extended into any building a nonpotable water supply system or service line.
- Connect or cause to be connected to any fire hydrant, a nonpotable water supply system or service line.
- Expose or cause to be exposed any portion of nonpotable water supply system or extensions or service lines thereof without identifying the same by distinctive coloring or other suitable means sufficient to distinguish the same from potable water supply systems, extensions or service lines.
- Contaminate or cause to be contaminated any source of supply, distribution system, or service line furnishing or carrying nonpotable water or potable water.
- Use irrigation or nonpotable water to water or sprinkle lawns, gardens, or landscaped areas between the hours of 10:00 a.m. and 6:00 p.m. An exception to time restrictions is provided for sprinkler system startups, shutdowns, and repairs, so long as the use of water during these times for sprinkling is minimal and solely related to the necessary irrigation system functions and repairs.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2022-11 on 5/3/2022
When secondary water is available for any property, such secondary water must be used for irrigation purposes and systems, and it is unlawful to use culinary water for such irrigation purposes or systems. Certain areas of the City that do not have access to secondary water are exempt from this Section. See also, CMC 9.02.205.
HISTORY
Adopted by Ord. 2022-11 on 5/3/2022
When secondary water is available for any property, connection to such secondary water must be made and obtained for irrigation purposes and system, and it is unlawful to make any connection to the City culinary water system for irrigation purposes or systems. Certain areas of the City that do not have access to secondary water are exempt from this Section. See also, CMC 9.02.207.
HISTORY
Adopted by Ord. 2022-11 on 5/3/2022
All hydrants and sprinkling system control valves for the distribution of irrigation or nonpotable water shall be operated by a removable key in accordance with the Utah Safe Drinking Water Act, as set forth in Utah Code §§ 19-4-101, et seq.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It is unlawful to obstruct or alter any drainage or water course in the City without the express written authority of the applicable owner or jurisdiction. All major creeks and drainages in the City are under the jurisdiction of Davis County.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any building permit application for construction or development within the City shall be submitted to the Public Works Director for review of any proposed interference or alteration of any irrigation or natural drainage course and for compliance with the terms and conditions of this Chapter. Any development within 100 feet of jurisdictional creek channels must be approved and permitted by Davis County.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
If the Public Works Director is satisfied that the installation, development, or work described in the building permit application will not result in an interference with the flow of water in a water course or drainage way and/or will not reduce the capacity of the water course or drainage way to conduct storm water, waste water, run-off water, flood water, or to otherwise continue its previous functions, and that the applicant has otherwise conformed to the requirements of this ordinance, the Public Works Director shall sign off on issuance of the building permit as it relates to Water Course Review. The Public Works Director may require the applicant to provide additional information or engineering review prior to making a water course determination.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The purpose of the following backflow prevention regulations of the City is to protect the City culinary water supply from the possibility of contamination or pollution by isolating within the user’s internal distribution system or the user’s private water system contaminants or pollutants which could backflow into the public water system; to promote the elimination or control of existing cross connections, actual or potential, between the consumer’s in-plant potable water system, and nonpotable water system, plumbing fixtures and industrial piping system; and to provide for a continuing program of cross connection control which will systematically and effectively prevent the contamination or pollution of the potable water system of the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
If, in the judgment of the Public Works Director, an approved backflow prevention assembly is required at the user's private water system for the protection of the public culinary water distribution system from contamination or pollution due to the backflow or contaminants through water service connections, the City, or its designated agent, shall give notice in writing to such user to install an approved backflow prevention assembly at a specific location or locations on the user’s premises. The user shall immediately install such approved assembly at the user's own expense, and failure, refusal or inability on the part of the user to install, have tested, and/or maintain said assembly shall constitute grounds for discontinuing culinary water service to the premises until such requirements have been satisfactorily met.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Building Inspector shall have the responsibility to review building plans and inspect plumbing as it is installed to prevent cross connections from being designed and built into structures within the City. Where the review of building plans suggests or indicates the potential for a cross connection being made an integral part of the plumbing system, the Building Inspector shall require such cross connections to either be eliminated or provided with an approved backflow prevention assembly in accordance with the Plumbing Code, as adopted by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
When employed by the user or the City to test, repair overhaul and/or maintain backflow prevention assemblies, a backflow assembly technician shall have the responsibility and obligation:
- To ensure that acceptable testing equipment and procedures are used for testing, repairing, or overhauling backflow prevention assemblies.
- To make reports of such testing and/or repair to the user and City on forms approved for such use by the City, such reports to include the list of materials or replacement parts used.
- To ensure the design, material, or operational characteristics of the assembly during repair or maintenance.
- To not change the design, material, or operational characteristics of the assembly during repair or maintenance.
- To perform the work and be responsible for the competence and accuracy of all tests and reports.
- To ensure that the technician’s license is current, and that the testing equipment being used is acceptable to the State of Utah and the City and is in proper operating condition.
- To report a failing assembly to the City within five working days from the date the failure was detected. Failure to do so may be grounds for revocation of the technician's certification.
- To be equipped with and be competent in the use of all necessary tools, gauges, and other equipment necessary to properly test, repair, and maintain backflow prevention assemblies.
- To tag each double check valve, pressure vacuum breaker, reduced pressure backflow assembly and air gaps, showing the serial number, date tested and by whom. The technician’s license number must also be on such tag.
- In the case of a user requiring a commercially available technician, any certified technician is authorized to make the test and report the results of the same to the user and the City. If such a commercially tested assembly is in need of repair, the repair shall be performed by a plumber licensed pursuant to Utah statutes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The following words and phrases shall have the meanings set forth as follows for purposes of this Chapter and the backflow prevention regulations.
- “Public Works Director.” The Public Works Director is invested with the authority and responsibility for the implementation of the City’s Cross Connection Control Program and for the enforcement of the provisions of this chapter.
- "Approved Backflow Assembly." A backflow assembly accepted by the Utah Department of Health, Division of General Sanitation, as meeting an applicable specification or as suitable for the proposed use.
- “Auxiliary Water Supply.” Any water supply on or available to the premises other than the City’s public water supply will be considered as an auxiliary water supply. These auxiliary waters may include water from another public potable water supply or any natural source, such as a well, spring, river, stream, harbor, irrigation water, or “used waters” or “industrial fluids.” These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the City does not have authority for sanitary control.
- "Backflow." The reversal of the normal flow of water caused by either back-pressure or back-siphonage.
- “Back-Pressure.” The flow of water or other liquids, mixtures, or substances under pressure into the distribution pipes of a potable water supply system from any source or sources other than the intended source.
- "Back-Siphonage." The flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water supply system from any source other than the intended source, caused by the reduction of pressure in the potable water supply system.
- "Backflow Prevention Assembly." An assembly or means designed to prevent backflow. Specifications for backflow prevention assemblies are contained within the Utah Plumbing Code and the Cross Connection Control Program of Utah. All backflow prevention assemblies must be approved by the Utah Department of Health, Division of General Sanitation, prior to installation. A listing of these approved backflow prevention assemblies may be found in the Cross Connection Control Program for Utah.
- “Contamination.” An impairment of the quality of the potable water supply by sewage, industrial fluids or waste liquids, irrigation or other nonpotable water, compounds or other materials to a degree which creates an actual or potential hazard to the public health through poisoning or through the spread of disease.
- "Cross Connection." Any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other water from a non-City source or nonpotable water or industrial fluids of questionable safety, through which, or because of which, backflow may occur into the potable water system. This would include any temporary connections, such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or change-over devices or sliding multi-port tubes.
- “Cross Connection - Controlled.” A connection between a potable water system and water from a non-City source or a nonpotable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.
- "Cross Connection - Containment." The installation of an approved backflow assembly at the water service connection to any user's premises where it is physically and economically infeasible to find and permanently eliminate or control all actual or potential cross connections within the user's water system, or the installation of an approved backflow prevention assembly on the service line leading to and supplying a portion of a user's water system where there are actual or potential cross connections which cannot be effectively eliminated or controlled at the point of the cross connection (isolation).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- No water service connection to any premises shall be installed by any user of the City's culinary water system or maintained by the user unless the water supply is protected as required by State laws, regulations, and codes, and the provisions of this Chapter. Service of water to any premises shall be discontinued by the user if a backflow prevention assembly required for control of backflow and cross connections is not installed, tested, and maintained, or if it is found that a backflow prevention assembly has been removed or bypassed, or if an unprotected cross connection exists on the premises. Service will not be resumed by any user until such conditions or defects are corrected, and the City shall not furnish culinary water to the premises of any user known by the City to be lacking suitable backflow prevention assemblies.
- The user’s system shall be open for inspection at all reasonable times to authorized representatives of the City to determine whether cross connections or other structural or sanitary hazards, including violation of this Chapter, exist. When such a condition becomes known, the City shall deny or immediately discontinue service to the premises by providing a physical break in the service line until the customer has corrected the condition in conformance with the State statutes and City ordinances and regulations relating to plumbing, water supplies, and the regulations adopted pursuant thereto.
- An approved backflow prevention assembly shall be installed on each service line to a user's water system, at or near the property line, or immediately inside the building being served, but in all cases before the first branch line leading off the service line, whenever the City determines that such is necessary for protection of the water supply or in the best interest of the users of the City's water supply system.
- The type of protective assembly required shall depend upon such degree of hazard which exists at the point of cross connection, i.e., whether direct or indirect, as defined in the Utah Plumbing Code.
- All presently installed backflow prevention assemblies which do not meet the requirements of this Section but were approved assemblies for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under CMC 9.05.130, be excluded from the requirements of these rules so long as the City believes that they will satisfactorily protect the public water system. Whenever the existing assembly is moved from the present location or requires more than minimum maintenance or when the City finds that the maintenance of this assembly constitutes a hazard to health, the unit shall be replaced by the user with an approved backflow prevention assembly meeting the requirements of this Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- It shall be the duty and responsibility of the user at any premises where backflow prevention assemblies are installed to have certified inspections and operational tests made at least once per year at the user's expense. In those instances where the City deems the hazard to be great, it may require certified inspections and tests at more frequent intervals. These inspections and tests shall be performed by a certified backflow assembly technician, licensed through the State Department of Health, and be made in accordance with the standards set forth by the State Department of Health, Division of Public Water Supplies.
- Backflow prevention assemblies shall be installed in water supply lines to provide at least the degree of protection provided in the Utah Plumbing Code. All backflow prevention assemblies shall be exposed for easy observation and be readily accessible.
- All backflow prevention assemblies installed in a potable water supply system for protection against backflow shall be maintained in good working condition by the user or other person or persons having control of such assemblies. The State Department of Health, Division of Public Water Supplies, and the City may inspect such assemblies and if found to be defective or inoperative, shall require the replacement thereof. No assembly shall be removed from use, relocated, or another assembly substituted without the approval of the City.
- The user shall cause all backflow prevention assemblies to be tested within 10 working days of installation.
- No backflow prevention assembly shall be installed so as to create a safety hazard, i.e. installed over an electrical panel, steam pipes, boilers, pits, or above ceiling level.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any user of culinary water from the City's culinary water system who knowingly installs or maintains, or permits to be installed or maintained any device not permitted by City ordinances or regulations, State law, or the Building or Plumbing Codes adopted by the City, or who fails to repair or remove unacceptable devices within five days after written notice from the City shall be guilty of a class B misdemeanor, subject to fines and penalties provided by law, or enforced through the civil enforcement procedures set forth in CMC 1.06 (Civil Penalties).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
9.06.010 Subsurface Water9.06.020 Subsurface Drain Systems9.06.030 Drainage Utility Fee9.06.040 Subsurface Drains - Limitation9.06.050 Request And Documentation To Install Subsurface Drain9.06.060 Standards And Requirements For Subsurface Drains9.06.070 Construction Restrictions9.06.080 Videotaping InspectionCenterville City is located at a low spot in the Salt Lake Valley and many areas of the City have a high water table. Subsurface drains are only permitted when specifically authorized by the City in accordance with the provisions of this Chapter. The lowest finished floor elevation of structures and facilities within the City may be limited or restricted as more particularly provided in this Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Except for a few limited exceptions, all subsurface drain systems within the public rights-of-way of the City are owned and operated by the City. Unless otherwise specifically provided by the City Council, no new private subsurface drain systems are allowed in the public rights-of-way. The City will not take over ownership or maintenance of any legally existing private subsurface drain systems within the public rights-of-way until and unless such systems comply with City Standards and Specifications for subsurface drains and have been inspected and determined to be in acceptable condition by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All subsurface water drain systems of the City are owned and operated by the City’s Drainage Utility as created and functioning in accordance with CMC 16.02 (Storm Drainage Utility). Any properties that are serviced and/or benefited by a subsurface drain system of the City shall be subject to an additional drainage utility fee as established by the City Council and set forth in the City Fee Schedule.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
No subsurface drain or subsurface drain system shall be permitted within the City without prior written approval from the City. Such approval may be given by the City in conjunction with a building permit, site plan and/or subdivision approval, as applicable, in accordance with the procedures and requirements set forth herein. No building permit, site plan and/or subdivision plat for which a subsurface drain system is required shall be approved until and unless the subsurface drain system has been reviewed and approved by the City in accordance with the procedures and requirements set forth herein. Unless otherwise specifically provided by the City Council, all approved subsurface drain systems shall be dedicated to the City after approval and inspection as more particularly provided in this Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person desiring to construct and/or install a subsurface drain or subsurface drain system within the City shall provide the following information to the City for review and consideration. Such information shall be submitted with the building permit application, conceptual site plan application, or preliminary subdivision plat application, as applicable.
- A geotechnical and soils report, prepared by a Utah licensed engineer, delineating the groundwater profile and the estimated discharge from the entire property proposed for development and defining the porosity of the soil and the high and low levels of the water table for the entire property proposed for development. For purposes of the geotechnical and soils report provided herein, the site shall be monitored over a period of at least two months. If deemed necessary or desirable, the City may require an additional monitoring period.
- Construction drawings, prepared by a Utah licensed engineer, for the proposed subsurface drains and system in accordance with the standards and specifications set forth in this Chapter and any other applicable City Ordinances, rules, regulations and standards.
- Any applicable application fees required by the City as set forth in the City Fee Schedule.
- Any additional information, documentation, or reports deemed necessary and desirable by the City for purposes of determining the appropriateness and compliance of the proposed subsurface drains or systems with the terms and conditions of this Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The following standards and requirements shall apply to any proposed subsurface drain system within the City. No subsurface drain system shall be approved by the City which does not comply with the standards and requirements set forth herein.
- All construction drawings for proposed subsurface drains or systems shall be reviewed and approved by the City Engineer.
- All subsurface drains and systems shall be designed and installed in accordance with City Standards and Specifications regarding subsurface drains, the approved construction drawings for the improvements, and all other applicable City Ordinances, rules, regulations and standards.
- All subsurface drains and systems shall be subject to inspection by the City in accordance with City inspection procedures and requirements.
- The applicant must establish the adequacy and compliance with applicable City Ordinances, rules, regulations and standards, of existing subsurface drains and systems which are proposed to be utilized by the applicant for transfer and discharge of subsurface water from the site to the proposed discharge point.
- All subsurface drain systems, including systems that it will tie into, shall meet the required capacity of all combined flows and applicable City Ordinances, rules, regulations and standards. When deemed necessary and desirable, the City may require applicant to pay for the cost of inspecting existing subsurface drains and systems which the applicant proposes to utilize for the transfer and discharge of the subsurface water from the site to the proposed discharge point.
- The City shall have the right to clean and maintain any private subsurface drain or system deemed to be in disrepair, after 30 days written notice to the responsible party or parties, and to charge the expense of such clean up or repair to the responsible party or parties. Nothing herein shall be deemed to prevent the City, without notice, from cleaning or maintaining any subsurface drain or system or taking any other action deemed necessary in the event of an emergency, as determined by the City.
- The City can require any additional information, documentation and/or reports to be provided by the applicant when deemed necessary and desirable by the City for purposes of determining the appropriateness and compliance of the proposed subsurface drains or systems with the terms and conditions of this Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In areas where soil characteristics, existing site conditions, inadequate infrastructure, and/or high water table levels are found to exist and/or the use of subsurface drain system is not adequate to remedy the conditions, as determined by the City, the City may prohibit the construction of structures, below grade structures, and/or structures with basements, as deemed appropriate for public health and safety. In such locations, structures shall be prohibited and/or built above grade at a point where rising water tables or runoff cannot affect the proposed structure. In no instance shall any structure be built with a lower floor elevation than one foot above the curb at the discharge point of the subsurface drain where it connects to the storm drain system.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any newly installed subsurface drain or system within the City shall be required to be videotaped to verify acceptable condition and installation of such improvements and facilities. Such videotaping shall be conducted or caused to be conducted by the City and paid for by the developer in accordance with the City Fee Schedule. All sediment and waste material shall be flushed and vacuumed out of the subsurface drain improvements and facilities by the developer prior to any request for videotaping by the City. If a deficiency in the improvements or facilities is revealed by videotaping, the developer is required to make the necessary repairs. Once the repairs are complete, a videotaping re-inspection shall be requested and conducted by the City at the developer's sole cost and expense in accordance with the City Fee Schedule. No final inspection shall be approved until and unless the newly installed subsurface drain improvements and facilities have been videotaped in accordance with the provisions of this Section and such videotaping reveals no deficiencies in the improvements and facilities. Nothing herein is intended to replace or alter developer's warranty obligations for newly installed subsurface drains or systems.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
9.07.010 Storm Water System9.07.020 Storm Water RegulationsCenterville City owns and operates a Municipal Separate Storm Sewer System (MS4) as defined under the National Pollutant Discharge Elimination System (NPDES) as a municipally owned and operated storm water collection system that consists of any or all of the following: curb, gutter, drainage swales, piping, ditches, canals, detention basins, inlet boxes, or any other system used to convey storm water that discharges into canals, ditches, streams, rivers, or lakes not owned and operated by the municipality.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City has adopted storm water management regulations for the City’s MS4 storm drain system in accordance with applicable state and federal law, including, but not limited to the NPDES and the Utah Pollutant Discharge Elimination System (UPDES) programs. The City’s storm water regulations are set forth in CMC 16 (Storm Water).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
9.08.010 Statement Of Purpose9.08.020 Definitions9.08.030 General Provisions9.08.040 Designation Of The Public Works Director9.08.050 Duties And Responsibilities Of The Public Works Director9.08.060 Permit Procedures9.08.070 Appeal Procedure9.08.080 Variance Procedures9.08.090 General Standards9.08.100 Specific Standards9.08.110 Floodways9.08.120 Penalty- Findings of Fact.
- The flood hazard areas of Centerville City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
- These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by users vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.
- Statement of Purpose. It is the purpose of this Chapter to promote the public health, safety, and general welfare of the residents of Centerville, Utah, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
- To protect human life and health;
- To minimize expenditure of public money for costly flood control projects;
- To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
- To minimize prolonged business interruptions;
- To minimize damage to the public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in special flood hazard areas;
- To help maintain a stable tax base by providing for the second use and development of special flood hazard areas so as to minimize future flood blight areas;
- To ensure that potential buyers are notified that property is in a special flood hazard area; and
- To ensure that those who occupy a special flood hazard area assume responsibility for their actions.
- Methods of Reducing Flood Losses. In order to accomplish its purposes, this Chapter includes methods and provisions for:
- Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
- Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
- Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
- Controlling filling, grading, dredging, and other development which may increase flood damage; and
- Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter the most reasonable application.
- “Alluvial Fan Flooding.” Flooding occurring on the surface of an alluvial fan or similar land form which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
- “Apex.” A point on an alluvial fan or similar land form below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
- “Appurtenant structure.” A structure which is located on the same parcel of property as the principle structure and the use of which is incidental to the use of the principle structure. Appurtenant structures should constitute a minimal investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of appurtenant structures are detached garages, carports, storage sheds, pole barns and hay sheds.
- “Area of Shallow Flooding.” A designated AH, AP, or VO Zone with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
- “Base Flood.” The flood having a one percent chance of being equaled or exceeded in any given year.
- “Base Flood Elevation.” The computed elevation to which floodwater is anticipated to rise during the base flood. Base Flood Elevations (BFEs) are shown on Flood Insurance Rate Maps (FIRMs) and on the flood profiles.
- “Basement.” Any area of the building having its floor sub-grade (below ground level) on all sides.
- “Breakaway wall.” A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
- “Critical Feature.” An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
- “Development.” Any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the special flood hazard area.
- “Elevated Building.”
- A non-basement building which is:
- Built, in the case of a building in Zones AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear wall parallel to the floor of the water; and
- Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.
- In the case of Zones AE, A, A99, AO, AH, B, C, X, and D, “elevated building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
- In the case of Zones VE or V, “elevated building” also includes a building otherwise meeting the definition of “elevated building,” even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations.
- "Existing Construction." For the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as existing structures.
- "Existing Manufactured Home Park or Subdivision." A manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) are completed before the effective date of this Chapter.
- Expansion to Existing Manufactured Home Park or Subdivision.” The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
- "Flood or Flooding." A general and temporary condition of partial or complete inundation of normally dry land areas from:
- The overflow of inland or tidal waters;
- The unusual and rapid accumulation of runoff of surface waters from any source; or
- Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
- “Flood elevation study.” An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
- “Flood Insurance Rate Map (FIRM).” The official map on which the Federal Emergency Management Agency has delineated both special flood hazard areas and eh risk premium zones applicable to the City.
- "Flood Insurance Study." The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood.
- “Flood Protection System.” Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
- “Floodplain” or “Flood Prone Area.” Any land area susceptible to being inundated by water from any source (see definition of “flooding”).
- “Floodplain Management.” The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
- “Floodplain Management Regulations.” Any state law or city ordinance, including Centerville City zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances such as this Chapter, etc., which provide standards for the purpose of flood damage prevention and reduction.
- “Floodproofing.” Any combination of structural and non structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
- "Floodway." The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
- “Functionally Dependent Use.” A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
- “Highest Adjacent Grade.” The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
- “Historic Structure.” Any structure that is:
- Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
- Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
- Individually listed on the State register as promulgated by the Utah Division of State History; or
- Individually listed on the Centerville City Historic Sites List and Historic Landmark Register, as promulgated by the Centerville City Landmarks Commission under CZC 12.20.070 (Landmarks Commission).
- “Hydrodynamic Loads.” Forces imposed on structures by flood waters due to the impact of moving water on the upstream side of the structure, drag along its sides, and eddies or negative pressures on its downstream side.
- “Hydrostatic Loads.” Loads or pressures resulting from the static mass of water at any point of floodwater contact with a structure. They are equal in all directions and always act perpendicular to the surface on which they are applied.
- “Levee.” A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
- “Levee System.” A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
- “Lowest Floor.” The lowest floor of the lowest enclosed area (including basement) An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this ordinance.
- "Manufactured Home." A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle.”
- “Manufactured Home Park or Subdivision.” A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
- “Mean Sea Level.” For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
- “New Construction.” For purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of the City’s initial FIRM, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of this ordinance, and includes any subsequent improvements to such structures.
- "New Manufactured Home Park or Subdivision." A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this ordinance.
- “Recreational Vehicle.” A vehicle which is: (a) built on a single chassis
- “Regulatory Floodway.” The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
- “Special Flood Hazard Area.” The land in the floodplain subject to a one percent or greater chance of flooding in any given year.
- "Start of Construction." Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading or filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
- “Structure.” A walled and roofed building or manufactured home that is principally above ground.
- "Substantial Damage." Damage of any origin sustained by a structure whereby the cost of restoring the structure to it’s before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
- “Substantial Improvement.” Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
- Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by local code enforcement official and which are the minimum necessary to assure safe living conditions; or
- Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”
- “Variance.” A grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter.
- “Violation.” Failure to comply with any of the terms and conditions of this Chapter.
- “Water Surface Elevation.” The height in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2022-14 on 6/21/2022
- Lands to which this Chapter Applies. This Chapter shall apply to all special flood hazard areas within the jurisdiction of Centerville City.
- Basis for Establishing the Special Flood Hazard Areas. The special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “The Flood Insurance Study for Davis County, dated September 15, 2022," with an accompanying Flood Insurance Rate Map (FIRM), as amended, are hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study and FIRM, and amendments, are available for inspection at the City Public Works Offices, 655 north 1250 West, Centerville, Utah 84014.
- Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered unless the modification fully complies with the terms of this Chapter and other applicable regulations.
- Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
- Interpretation. In the interpretation and application of this Chapter, all provisions shall be:
- Considered as minimum requirements;
- Liberally construed in favor of the governing body; and
- Deemed neither to limit or repeal any other powers granted under State statutes.
- Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of Centerville City or any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result in reliance on this Chapter or any administrative decision lawfully made thereunder.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2022-14 on 6/21/2022
The Public Works Director or designee (hereinafter referred to as the “Public Works Director”) is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with these provisions and performing all other duties as provided herein.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Duties of the Public Works Director shall include, but are not limited, to the following:
- Permit Review.
- Review and approve or deny all applications for Floodplain Development Permits required by the adoption of this Chapter.
- Review all development permits to determine that the permit requirements of this Chapter have been satisfied.
- Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required.
- Review all development permits to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.
- Review all development permits to determine if the proposed development is located in the floodway. Except as provided in CMC 9.08.110, no development shall be permitted within a floodway.
- Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with CMC 9.08.030, "Basis for Establishing the Special Flood Hazard Areas", the Public Works Director shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, or other source as criteria for requiring that new construction, substantial improvements, or other development in Zone A are administered in accordance with CMC 9.08.100.
- Information to Be Obtained and Maintained.
- Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; provided that in any VE and V Zones, the actual elevation to be obtained and recorded is that of the bottom of the lowest structural member of the floor (excluding piling and columns) of all new or substantially improved structures, and whether or not the structure contains a basement.
- For all new or substantially improved floodproofed structures
- Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed.
- Maintain the floodproofing certifications required in CMC 9.08.060.
- Maintain for public inspection all records pertaining to the provisions of this Chapter.
- Alteration of Watercourses.
- Notify adjacent communications, the Utah State Division of Water Rights, and the Utah State Division of Water Resources prior to any alteration or relocation of a watercourse, and submit copies of such notification to the Federal Emergency Management Agency.
- Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
- Interpretation of FIRM Boundaries. Make interpretations where needed, as to the exact location of the boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in CMC 9.08.070.
- Construction when No Regulatory Floodway has been Designated. When a regulatory floodway has not been designated, the Public Works Director must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
- Application for Conditional FIRM Revision. The Public Works Director shall review applications for Conditional Firm Revisions in accordance with CMC 9.08.110 regarding Floodways.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2022-14 on 6/21/2022
A Floodplain Development Permit (“Permit”), shall be obtained before construction or development begins within any special flood hazard area established in CMC 9.08.030. Application for a Permit shall be made on forms furnished by the City and may include, but is not limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. The Public Works Direction may require certification of any of the requirements by a professional engineer, architect, or surveyor as deemed necessary.
- Specific Requirements. The applicant must provide the following information:
- The elevation in relation to the mean sea level, of the lowest floor (including the basement) of all new and substantially improved structures;
- The elevation in relation to the mean sea level to which any nonresidential structure has been floodproofed;
- Certification by a registered professional engineer or surveyor that the floodproofing methods for any nonresidential structure meet the floodproofing criteria of this Chapter; and
- A description of the extent to which any watercourses will be altered or relocated as a result of the proposed development.
- Approval or Denial. Approval or denial of a Permit by the Public Works Director shall be based on the provisions and intent of this Chapter and the following relevant factors:
- The danger to life and property due to flooding or erosion damage;
- The susceptibility of the proposed facility and its contents to flood damage and effect of such damage on the individual owner;
- The danger that materials may be swept onto other lands to the injury of others;
- The compatibility of the proposed use with existing and anticipated development:
- The safety of access to the property in times of flood for ordinary and emergency vehicles;
- The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
- The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;
- The necessity to the facility of a waterfront location, where applicable;
- The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
- The relationship of the proposed use to the comprehensive plan and floodplain management plan for that area; and
- The importance of the services provided by the proposed facility to the community.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Any person adversely affected by a final decision of the Public Works Director made in the administration or interpretation of this ordinance may, within the time provided herein, appeal that decision to the City Council by alleging that there is error in any such final order requirement, decision, or determination made by the Public Works Director in the administration or interpretation of this Chapter. Appeals filed hereunder shall be in writing and shall be filed with the City Recorder within 30 days of the decision which is appealed. The appeal shall include any required City appeal forms and shall set forth, at a minimum: the name, address and telephone number of the appellant; the decision being appealed; the grounds for appeal; and a description of the alleged error in the decision or determination of the Public Works Director. Only decisions of the Public Works Director applying provisions of this Chapter may be appealed to the City Council as provided herein. Appeals may not be used to waive or modify the terms or requirements of this Chapter.
- After the appeal application is deemed complete, the City Recorder shall schedule the matter to be heard by the City Council. Prior to the appeal hearing, the City Recorder shall transmit all papers constituting the record of the decision or action being appealed to the City Council and the appellant. The City Council shall review the record of the decision or action of the Public Works Director and provide the appellant an opportunity to be heard regarding the appeal. In reviewing the appeal, the City Council shall consider and review all relevant technical evaluations and the specific factors set forth in CMC 9.08.060. The City Council shall decide the matter in accordance with the standard of review set forth in Subsection (c).
- The City Council may affirm or reverse the decision of the Public Works Director, in whole or in part, or may remand the administrative decision to the Public Works Director. The City Council is also authorized to impose additional conditions as part of its determination of the appeal as necessary to conform with the purposes and intent of this Chapter. The City Council shall review the administrative decision of the Public Works Director for correctness in determining whether there is substantial evidence in the record to support the order, decision, or determination. The appellant shall have the burden of proving that an error has been made. The City Council shall issue a written decision.
- A record of all appeals shall be maintained by the City in accordance with the Utah Government Records Access and Management Act, set forth in Utah Code §§ 63G-2-101, et seq.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- The City Council is hereby designated to hear and decide whether to grant a variance upon request by an applicant.
- The applicant shall have the right to a hearing before the Centerville City Council on the question of whether or not the request for the variance fulfills the variance requirements of this Chapter. Within 30 days following conclusion of said hearing, the City Council shall render a decision denying the variance, granting the variance, or granting the variance with conditions.
- Those aggrieved by the decision of the City Council may appeal such decision to district court as provided by law.
- The City shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Public Works Director. The Public Works Director shall report any variances to the Federal Emergency Management Agency upon request.
- In passing upon applications for a variance, the City Council shall consider all technical evaluations, those specific factors established in CMC 9.08.060, the intent and purpose of this Chapter, and the following conditions:
- Due to the dangers caused by flooding to human life and property and the costs and hardship caused thereby, only under limited circumstances may variances be granted in Centerville City. Variances shall only be issued upon:
- A showing of good and sufficient cause;
- A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
- A determination that the granting of a variance will not result in increased flood heights, additional threats to human life and public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
- Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Chapter.
- Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
- Variances shall only be issued when a determination has been made that the variance is the minimum necessary, considering the flood hazard, to afford relief.
- Variances issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use may only be granted provided the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.
- Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood level will result in increased risk to life and property and an increase in premium rates for flood insurance, which may be substantial and will be commensurate with the risk of construction below the base flood level. Insurance rates may amount up to as high as $25 for $100 of insurance coverage. This notice shall be maintained with a record of all variance actions.
- All variances shall include a condition that the applicant sign an assumption of risk and waiver of liability agreement, in a form acceptable to the City, absolving Centerville City of any and all liability in the event flood damage occurs to that portion of a structure for which the variance is granted. This agreement shall be recorded in the office of the Davis County Recorder, shall run with the land, and shall be binding upon all future owners thereof.
- The Centerville City Council may attach such conditions to the granting of variances as it deems necessary and which fulfill the criteria of the variance provisions of this Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In all special flood hazard areas, the following standards are required:
- Construction Materials and Methods.
- All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
- All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
- All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
- Anchoring. All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads, including the effects of buoyancy.
- Utilities.
- All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
- New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
- On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
- Subdivision Proposals.
- All subdivision proposals (including proposals for manufactured home parks and subdivisions) shall be consistent with the need to minimize flood damage in accordance with the purposes and intent of this Chapter.
- All subdivision proposals (including proposals for manufactured home parks and subdivisions) shall meet the permit requirements of CMC 9.08.060 and all applicable provisions of CMC 9.08.090 and CMC 9.08.100.
- All subdivision proposals (including proposals for manufactured home parks and subdivisions) shall have adequate drainage provided to reduce exposure to flood hazards.
- Base flood elevation data shall be provided for subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions) which contain at least 50 lots or five acres (whichever is less), if not otherwise provided by CMC 9.08.030(b) (Basis for Establishing the Special Flood Hazard Areas) or CMC 9.08.080(b) (Use of Other Base Flood Data).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2022-14 on 6/21/2022
In all special flood hazard areas where base flood elevation data has been provided as set forth in CMC 09.08.030(b) (Basis for Establishing Special Flood Hazard Areas), or CMC 9.08.050(b) (Use of Other Base Flood Data), the following provisions are required:
- Residential Construction.
- New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated one foot above the base flood elevation with certification provided to the Administrator by a registered professional engineer, architect, or land surveyor.
- Require within any AO Zone on the City's FIRM that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated one foot above the highest adjacent grade at least as high as the depth number specified in feet on the City's FIRM (at least two feet if no depth number is specified).
- Require adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures within Zones AH and AO.
- Nonresidential Construction.
- New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
- Be floodproofed so that below one foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water;
- Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
- Be certified by a registered professional engineer or land surveyor that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the Public Works Director and include the specific elevation (in relation to mean sea level) to which such structures are floodproofed.
- Require within any AO Zone on the City’s FIRM that all new construction and substantial improvements of nonresidential structures: (a) have the lowest floor (including basement) elevated one foot above the highest adjacent grade at least as high as the depth number specified in feet on the City’s FIRM (at least two feet if no depth number is specified); or (b) together with attendant utility and sanitary facilities be completely floodproofed to that level to meet the floodproofing standard specified in Subsection (b)(1)(A) and (B), above.
- Require adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures within Zones AH and AO.
- Openings in Enclosures Below the Lowest Floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
- A minimum of two openings having a total net area of not less than one square inch for every foot of enclosed area subject to flooding shall be provided;
- The bottom of all openings shall be no higher than one foot above grade; and
- Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
- Manufactured Homes.
- All manufactured homes to be placed within Zone A must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Specific requirements may be:
- Over the top ties be provided at each of the four comers of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side;
- Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side;
- All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
- Any additions to the manufactured home be similarly anchored.
- All manufactured homes or those to be substantially improved which are proposed to be located on sites: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall meet the following requirements:
- Within Zones AH, and AE, such manufactured homes must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement;
- Within Zones Al-30, AH, and AE, such manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in Subsection (A), above must be elevated so that either:
- The lowest floor of the manufactured home is at or above the base flood elevation; or
- The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and is securely anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
- Within Zones VE and V, such manufactured homes must meet the requirements of Subsection (d)(2)(B), above, and must meet the standards of Subsection (e), below.
- Regulations for VE and V Zones.
- Landward Location. All new construction within Zones VE and V must be located landward of the reach of mean high tide.
- Elevation.
- All new construction and substantial improvements in Zones VE and V, if base flood elevation data is available, must be elevated on pilings and columns so that:
- The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; and
- The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards.
- A registered professional engineer or surveyor shall develop or review the structural design, specifications and plans for the construction requirements of Subsection (A), and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of Subsection (A).
- Space Below the Lowest Floor.
- All new construction and substantial improvements within Zones VE and V must have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated potion of the building or supporting foundation system.
- For the purposes of this Section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or surveyor certifies that the designs proposed meet the following conditions:
- Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
- The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards.
- Such enclosed space shall be useable solely for parking vehicles, building access, or storage.
- Fill and Man-Made Alterations Prohibited. The use of fill is prohibited for structural support of buildings within Zones VE and V. Man-made alteration of sand dunes and mangrove stands within Zones VE and V which would increase potential flood damage is prohibited.
- Recreational Vehicles.
- Recreational vehicles placed on sites within Zones A 1-3 0, AH, and AE must either: (a) be on the site for fewer than 180 consecutive days; (b) be fully licensed and ready for highway use; or (c) meet the permit requirements of CMC 9.08.060 and the elevation and anchoring requirements for resisting wind forces of CMC 9.08.100(d)(2)(A).
- Recreational vehicles placed on sites within Zones VE and V must either: (a) be on the site for fewer than 180 consecutive days; (b) be fully licensed and ready for highway use; or (c) meet the permit requirements of CMC 9.08.060 and the requirements of CMC 9.08.l00(e).
- A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2022-14 on 6/21/2022
Located within special flood hazard areas established in CMC 9.08.030 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, encroachments, including fill, new construction, substantial improvements and other development are prohibited unless the following requirements are met:
- Certification by a registered professional engineer or land surveyor is provided demonstrating through hydrologic and hydraulic analyses, performed in accordance with standard engineering practice, that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
- All fill, new construction, and substantial improvements, or other development shall comply with all applicable flood hazard reduction provisions of CMC 9.08.090 and CMC 9.08.100.
- The Public Works Director may permit encroachment within the adopted regulatory floodway that would result in an increase in base flood elevations, provided the Public Works Director has applied for and been granted a conditional FIRM and floodway revision through FEMA, under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this ordinance shall be guilty of a class B misdemeanor, subject to fines and penalties provided by law, or enforcement through the civil enforcement procedures set forth in CMC 1.06 (Civil Penalties). Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this ordinance is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as herein provided.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
10.01 General Provisions10.02 Building Official10.03 Construction Codes10.04 Permits10.05 Inspections10.06 Certificates10.07 Unsafe Buildings And Structures10.08 Violations And Enforcement10.09 Building Board Of Appeals10.01.010 Title10.01.020 Scope10.01.030 Purpose And Intent10.01.040 Conformance With Other Ordinances10.01.050 ConflictsThis Title shall be known as the “Building Regulations” of Centerville City and may be so cited.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The provisions of this Title shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures, unless otherwise exempted by State law or the Construction Codes adopted herein.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The purpose of this Title is to establish the minimum requirements to provide a reasonable level of safety, public health, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any construction, alteration, or improvement of any building or structure within the City shall also comply with other relevant City ordinances and regulations, including, but not limited to, subdivision, zoning, and fire provisions. The provisions of this Title and the Construction Codes adopted herein are intended to be interpreted and administered in conformance with such other ordinances.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Whenever a conflict exists between any provisions of this Title or the Construction Codes adopted herein, the more restrictive standard or provision shall prevail. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. The provisions of this Title or the Construction Codes adopted herein shall not be deemed to nullify any provisions of local, state or federal law.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
10.02.010 Building Official10.02.020 Powers And Duties10.02.030 Building Inspectors And Examiners10.02.040 Tests10.02.050 Identification10.02.060 Conflicts Of InterestThe City may contract with, retain, or appoint a person or firm to act as the City’s Building Official. Any person contracted with, retained or appointed by the City as the Building Official shall meet the qualifications of a building inspector set forth in Utah Code § 58-56-9, and any other requirements imposed by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Subject to the direct supervision of the Community Development Director, the Building Official shall perform all the duties set forth in the Construction Codes and any other duties as the City Council may from time to time provide. The Building Official is hereby authorized and directed to perform the following duties and responsibilities in accordance with applicable provisions of this Title and the Construction Codes:
- Enforce and render interpretations of the provisions of this Title and the Construction Codes;
- Review applications and construction documents, issue permits, inspect premises for which permits have been issued, and enforce compliance with the terms of this Title and the Construction Codes;
- Issue necessary notices or orders to ensure compliance with this Title and the Construction Codes;
- Make required inspections or review reports of inspections by authorized agencies or persons, including expert opinions deemed necessary to report upon unusual technical issues; and
- Submit to the Community Development Department or City Recorder, as applicable, official records of applications, permits, certificates, interpretations, notices, orders, inspections, fees, and other official records regarding building issues.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any number of building inspectors may be retained or hired by the City to assist the Building Official in the performance of his or her duties. Any person contracted or retained as a building inspector of Centerville City shall meet the qualifications set forth in Utah Code § 58-56-9, and any other requirements imposed by the City. The City may also retain or hire any technical officers, plans examiners, or other employees to assist the Building Official. Building inspectors, plans examiners, and other technical officers or employees shall be under the direct supervision and control of the Building Official and the Community Development Director and shall have the authority to perform delegated duties and such other powers and duties as designated by the City Council.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Whenever there is insufficient evidence of compliance with the provisions of this Title or the Construction Codes adopted herein, or evidence that a material or method does not conform to the requirements of this Title or the Construction Codes, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense of the City. Test methods shall be as specified in the Construction Codes or other recognized test standards.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Building Official shall carry proper identification when inspecting structures or premises in the performance of the Building Official’s duties under this Title and the applicable Construction Codes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
As employees or agents of the City, the Building Official and any building inspectors, technical officers, plans examiners, or other employees of the City shall adhere to the requirements and restrictions of the Utah Municipal Officers’ and Employees’ Ethics Act, as set forth in Utah Code §§ 10-3-1301, et seq.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
10.03.010 Defined10.03.020 Building Code10.03.030 Residential Code10.03.040 Plumbing Code10.03.050 Mechanical Code10.03.060 Fuel Gas Code10.03.070 Electrical Code10.03.080 Energy Conservation Code10.03.085 Existing Building Code10.03.090 Manufactured Housing Code10.03.100 Abatement Of Dangerous Buildings Code10.03.110 Property Maintenance Code10.03.120 Fire Code10.03.125 Wildland Urban Interface Code (Effective January 1, 2027)10.03.125 Wildland Urban Interface Code (Effective Until January 1, 2027)10.03.126 Wildland Urban Interface Map10.03.122 Swimming Pools And Spa Code10.03.124 Guidelines For Rehabilitating Historic Buildings10.03.126 Modular Building Standards10.03.130 Statewide Amendments10.03.140 Local AmendmentsThe codes and regulations adopted in this Chapter shall be referred to collectively as the "Construction Codes" for Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The International Building Code (IBC), 2021 Edition, issued by the International Code Council, as adopted and amended by the State of Utah, including Appendices C and J, is hereby adopted and incorporated herein by reference as the Building Code of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-18 on 8/6/2019
Amended by Ord. 2025-04 on 4/1/2025
The International Residential Code (IRC), 2021 Edition, issued by the International Code Council, as adopted and amended by the State of Utah, including Appendices AE and AQ of the 2021 Edition of the IRC, and the residential provisions of Chapter 11, Energy Efficiency, of the 2015 Edition of the IRC (subject to the provisions of Utah Code § 15A-2-104), are hereby adopted and incorporated herein by reference as the Residential Code of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-18 on 8/6/2019
Amended by Ord. 2025-04 on 4/1/2025
The International Plumbing Code (IPC), 2021 Edition, issued by the International Code Council, as adopted and amended by the State of Utah, is hereby adopted and incorporated herein by reference as the Plumbing Code of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-18 on 8/6/2019
Amended by Ord. 2025-04 on 4/1/2025
The International Mechanical Code (IMC), 2021 Edition, issued by the International Code Council, as adopted and amended by the State of Utah, is hereby adopted and incorporated herein by reference as the Mechanical Code of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-18 on 8/6/2019
Amended by Ord. 2025-04 on 4/1/2025
The International Fuel Gas Code (IFGC), 2021 Edition, issued by the International Code Council, as adopted and amended by the State of Utah, is hereby adopted and incorporated herein by reference as the Fuel Gas Code of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-18 on 8/6/2019
Amended by Ord. 2025-04 on 4/1/2025
The National Electrical Code (NEC), 2023 Edition, issued by the National Fire Protection Association, as amended and adopted by the State of Utah, is hereby adopted and incorporated herein by reference as the Electrical Code of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2018-16 on 6/19/2018
Amended by Ord. 2025-04 on 4/1/2025
Amended by Ord. 2026-03 on 3/3/2026
The International Energy Conservation Code (IECC), 2021 Edition, issued by the International Code Council, as adopted and amended by the State of Utah, is hereby adopted and incorporated herein by reference as the Energy Conservation Code of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-18 on 8/6/2019
Amended by Ord. 2025-04 on 4/1/2025
The International Existing Building Code (IEBC), 2021 Edition, issued by the International Code Council, as adopted and amended by the State of Utah, is hereby adopted and incorporated herein by reference as the Existing Building Code of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-18 on 8/6/2019
Amended by Ord. 2025-04 on 4/1/2025
The installation standards for manufactured housing for new installations or for existing manufactured or mobile homes that are subject to relocation, building alteration, remodeling, or rehabilitation, are set forth in Utah Code § 15A-2-104. In addition to the provisions of Utah Code § 15A-2-104, the following codes and standards are hereby adopted by Centerville City and incorporated herein by reference: the Federal Manufactured Housing Construction and Safety Standards Act (HUD Code), issued by the Department of Housing and Urban Development, as adopted by the State of Utah; Appendix AE of the 2021 Edition of the International Residential Code as adopted herein in CMC 10.3.030; the 2005 Edition of the NFPA 225 Model Manufactured Home Installation Standard issued by the National fire Protection Association, as adopted by the State of Utah, and applicable provisions of Title 15A of the Utah Code.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2025-04 on 4/1/2025
The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, issued by the International Conference of Building Officials, is hereby adopted and incorporated herein by reference as the Abatement of Dangerous Buildings Code of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2025-04 on 4/1/2025
The International Property Maintenance Code, 2006 Edition, issued by the International Conference of Building Officials, is hereby adopted and incorporated herein by reference as the Property Maintenance Code of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2025-04 on 4/1/2025
The International Fire Code (IFC), 2021 Edition, excluding appendices, issued by the International Code Council, as adopted and amended by the State of Utah, and the National Fire Protection Association, NFPA 1, Chapter 28, Marijuana Growing, Processing, and Extraction Facilities, 2018 Edition, the National Fire Protection Association, NFPA 54, National Fuel Gas Code, 2024 Edition, and the National Fire Protection Association, NFPA 58, Liquefied Petroleum Gas Code, 2024 Edition, as adopted and amended by the State of Utah, are hereby adopted and incorporated herein by reference as the Fire Code of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2018-07 on 2/6/2018
Amended by Ord. 2019-18 on 8/6/2019
Amended by Ord. 2025-04 on 4/1/2025
The International Wildland-Urban Interface Code, 2024 Edition, issued by the International Code Council, as adopted and amended by the State of Utah, is hereby adopted and incorporated herein by reference as the Wildland Urban Interface (WUI) Code of Centerville City. The WUI Code and building standards set forth therein shall apply to all building and construction on properties located within the Centerville Wildland Urban Interface Map (Centerville WUI Map) as adopted in CMC 10.03.126.
HISTORY
Adopted by Ord. 2026-03 on 3/3/2026
Amended by Ord. 2026-09 on 4/21/2026
The Utah Wildland Urban Interface Code, 2006 Edition, issued by the International Code Council, as adopted and amended by the State of Utah, consistent with Utah Code Title 65A, Chapter 8 (Management of Forest Lands and Fire Control), is hereby adopted and incorporated herein by reference as the Wildland Urban Interface (WUI) Code of Centerville City. The WUI Code and building standards set forth therein shall apply to all building and construction on properties located within the Centerville Wildland Urban Interface Map (Centerville WUI Map) as adopted in CMC 10.03.126.
HISTORY
Amended by Ord. 2026-03 on 3/3/2026
Centerville City hereby adopts the attached Centerville Wildland Urban Interface Map (Centerville WUI Map) as the official map identifying Wildland Urban Interface areas within Centerville City. The Wildland Urban Interface Code (WUI Code) and building standards adopted by the City in CMC 10.03.125 shall apply to all building and construction within the Wildland Urban Interface areas designated in the Centerville WUI Map. The Centerville WUI Map is intended to include all properties with a risk category on the Smoothed Structure Exposure Score Map of 5 (High Exposure) or above as designated on the Utah Wildfire Risk Assessments Maps. In the event of conflict between the Centerville WUI Map and the State designation of a risk category on the Smoothed Structure Exposure Score Map of 5 (High Exposure) or above, the State designation shall apply. The Centerville WUI Map can be accessed here.
HISTORY
Adopted by Ord. 2026-03 on 3/3/2026
The residential provisions of the Swimming Pool and Spa Code, 2021 Edition, issued by the International Code Council, as adopted and amended by the State of Utah, are hereby adopted and incorporated herein by reference as the Swimming Pools and Spa Code of Centerville City.
HISTORY
Adopted by Ord. 2025-04 on 4/1/2025
Subject to Utah Code §15A-2-103, the standards and guidelines pertaining to plaster on a historic property, as defined in Utah Code § 9-8-302, the U.S. Department of Interior Secretary’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as adopted and amended by the State of Utah, are hereby adopted and incorporated herein by reference as the Guidelines for Rehabilitating Historic Buildings of Centerville City. This Section only applies if: (1) the owner of the historic property receives a government tax subsidy based on the property’s status as a historic property; (2) the historic property is wholly or partially funded by public money; or (3) the historic property is owned by a governmental entity.
HISTORY
Adopted by Ord. 2025-04 on 4/1/2025
The Modular Building Institute Standards 1200 and 1205, issued by the International Code Council, as adopted and amended by the State of Utah, are hereby adopted and incorporated herein by reference as the Modular Building Standards for Centerville City.
HISTORY
Adopted by Ord. 2025-04 on 4/1/2025
The Construction Codes adopted herein shall include all Statewide amendments to such codes as adopted by the State of Utah, and more particularly set forth in Title 15A of the Utah Code.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Construction Codes adopted herein shall include all local amendments adopted by Centerville City and approved by the State in accordance with applicable local amendment procedures set forth in Title 15A of the Utah Code.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2025-04 on 4/1/2025
10.04.010 Permit Required10.04.020 Application For Permit10.04.030 Single-Family Residential Permits10.04.040 Expiration Of Application10.04.050 Issuance Of Permit10.04.060 Denial Of Permit10.04.070 Approved Plans10.04.080 Retention Of Plans10.04.090 Validity Of Permit10.04.100 Expiration Or Permit10.04.110 Suspension Or Revocation Of Permit10.04.120 Fees Required10.04.130 Work Commencing Before Permit Issued10.04.140 Fee Refunds10.04.150 Public Improvements Required10.04.160 Improvements Agreement And Bond Required10.04.170 Deferral Of Public Improvements10.04.172 Sidewalk Deferral Area10.04.180 Impact Fees10.04.190 Connection Of Utilities10.04.200 Temporary Structures Of Uses10.04.210 Buildings In Flood Hazard Areas10.04.220 Permit ExemptionsAny owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this Title or the Construction Codes, or to cause any such work to be done, shall first apply for and obtain the required permit from the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
To obtain a permit, the applicant shall file an application on a form furnished by the City for the purpose. Each permit application shall include supporting submittal documents consisting of construction documents, special instructions, geotechnical reports, site plans, specifications, plans and other data required by the Construction Codes and applicable City Ordinances, rules and regulations (Construction Documents) and in accordance with applicable provisions of the International Building Code. The Construction Documents shall be prepared by a registered design professional when required by State law or City Ordinance. The Building Official is authorized to require additional Construction Documents or to require any Construction Documents to be prepared by a registered design professional where special conditions exist and when deemed necessary by the Building Official. The cost of all Construction Documents shall be paid for by the applicant. All permit applications shall be filed with the Community Development Department and shall comply with the standardized building permit forms approved by the State of Utah, in accordance with Utah Code § 15A-1-209.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Pursuant to Utah Code § 15A-1-209, single-family residential building permit applications shall also include in the application, or attached to the building permit the following notice prominently placed in at least 14-point font: “Decisions relative to this application are subject to review by the chief executive officer of the municipal entity issuing the single-family residential building permit, or his or her designee, and appeal under the International Residential Code as adopted by the Legislature.”
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
An application for a permit for any proposed work shall be deemed abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; provided, the Building Official is authorized to grant one or more extensions of time for additional periods not to exceed 90 days each. Any extension shall be requested in writing by the applicant or authorized agent prior to the expiration of the application and justifiable cause demonstrated.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Applications for permits and supporting Construction Documents shall be reviewed by the Building Official, the Community Development Department, and any other appropriate officials or departments, within a reasonable time after filing. If the Building Official is satisfied that the proposed work, application and Construction Documents conform to the requirements of the Construction Codes and other pertinent laws and ordinances, and that the fees and bonds required herein have been paid to the City, a permit shall be issued to the applicant, signed by the Building Official. The applicant or authorized agent shall keep the permit or copy of the permit on the site of the work until the completion of the project. All building permits issued by the Building Official shall utilize the standardized numbering system required by the State of Utah, in accordance with Utah Code § 15A-1-209.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
If the proposed work, application, or Construction Documents do not conform to the requirements of the Construction Codes or pertinent laws and ordinances, the Building Official shall reject such application in writing, stating the reasons therefor. Pursuant to Utah Code § 15A-1-104, the Building Official must cite with specificity the applicable provision with which the application fails to comply with this Title or provisions of the Construction Codes adopted herein.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
When the Building Official issues a permit, all applicable Construction Documents shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” Such approved Construction Documents shall not be changed, modified or altered without authorization from the Building Official, and all work regulated by the Construction Codes shall be done in accordance with the approved Construction Documents.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
One set of approved Construction Documents shall be retained by the City for a period of not less than 180 days from the date of completion of the permitted work, and thereafter in accordance with the Utah Government Records Access and Management Act, as set forth in Utah Code §§ 63G-2-101, et seq. One set of approved Construction Documents shall be returned to the applicant and kept at the site of work open for inspection by the Building Official or duly authorized representative until the completion of the project.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the Construction Codes or of any other pertinent law or ordinance. Permits presuming to give such authority to violate or cancel the provisions of the Construction Codes or other pertinent law or ordinance shall not be valid. The issuance of a permit based upon plans, specifications, and other data shall not prevent the Building Official or the City from thereafter requiring the correction of errors in such documents. The Building Official is also authorized to prevent occupancy or use of a structure in violation of the Construction Codes or any other applicable law, ordinance, rule or regulation.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Every permit issued by the City shall expire by limitation and become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. Any extension shall be requested in writing prior to the expiration of the permit and justifiable cause demonstrated. After expiration of a permit, a new permit must be obtained prior to recommencing work.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Title and the Construction Codes wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation, or any provisions of the Construction Codes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Except as otherwise provided, all fees for permits shall be assessed in accordance with the City Fee Schedule. A permit shall not be issued or valid until the fees prescribed herein have been paid, nor shall an amendment to a permit be released until the additional fees, if any, have been paid. All applications for permit shall provide an estimated permit value at the time of application in accordance with applicable provisions of the International Building Code. Final building permit valuation shall be set by the Building Official.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits may be subject to a special investigation as required by the City before a permit may be issued for such work. An investigation fee may be collected for any such investigation whether or not a permit is then or subsequently issued equal to the amount of the permit fee required. In addition, any person who commences work before obtaining the necessary permits shall be subject to additional fees over and above the standard permit fees, as set forth in the City Fee Schedule. Where equipment replacements and repairs must be performed in an emergency situation, the owner or agent shall submit the permit application within the next working business day.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City may authorize the refunding of a fee paid hereunder which was erroneously paid or collected when written request for such refund is filed by the original permittee within 180 days after the date of fee payment. The City may authorize refunding of not more than 80% of the permit fee paid when no work has been done under the permit. In addition, the City may authorize refunding of not more than 80% of the plan review fee paid when application for a permit is withdrawn or canceled before any examination time has been expended.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Duty to Install. Any person obtaining a permit or land use approval from the City to build or alter any structure or improvement upon a lot or parcel which is not improved by some or all required public improvements, such as asphalt, curbs, gutters, sidewalks, and sewage, stormwater, and flood control facilities, shall be required to install all such improvements for the lot or parcel in accordance with all construction standards, regulations, and applicable ordinances of the City. No Certificate of Occupancy or Final Inspection shall be issued until all such required public improvements are complete and operable.
- Duty to Repair. Any person obtaining a permit or land use approval from the City to build or alter any structure or other improvement upon a lot or parcel which is improved by public improvements, such as asphalt, curbs, gutters, sidewalks, and sewage, stormwater, and flood control facilities, shall be required to repair any damage to such improvements in accordance with all construction standards, regulations, and applicable ordinances of the City. No Certificate of Occupancy or Final Inspection shall be issued until all such public improvements are repaired.
- Security. Applicants shall be required to enter into an Improvements Agreement acceptable to the City together with a bond providing sufficient security to insure installation, completion, repair, and warranty of public improvements required herein and as more particularly set forth in CMC 10.04.160 (Improvements Agreement).
- Deferral. In limited circumstances, upon the request of the applicant, the City may defer the installation of any required public improvements or portion thereof in accordance with the provisions of CMC 10.04.170 (Deferral of Public Improvements).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2018-01 on 1/16/2018
Amended by Ord. 2026-13 on 4/21/2026
- Agreement and Bond. Prior to obtaining a permit hereunder, the applicant shall be required to enter into an Improvements Agreement acceptable to the City together with a bond providing sufficient security to insure completion of the permitted work and the installation, completion, repair, and warranty of public improvements required to be installed and compliance with all Construction Code requirements and other applicable laws.
- Form of Agreement. If the public improvements for the lot or parcel are not yet installed, the Improvements Agreement and associated bond shall be in substantially the same form and subject to the same conditions as set forth in CMC 15.04.090 (Security for Public Improvements) regarding security for public improvements for subdivisions.
- Use of Bond Funds. In the event the applicant fails to timely and fully install, complete, repair and/or replace said improvements, work or other Construction Code requirements in a satisfactory manner, the City may thereafter use the funds comprising the bond to cause the improvements, work or Construction Code requirements to be installed, completed, repaired and/or replaced.
- Refund of Bond Funds. Any unexpended portion of the bond retained by the City, less 15% of the total cost to install, complete, repair and/or replace the improvements or work to cover overhead and administrative costs of the City, shall be refunded to the applicant upon timely and satisfactory installation, completion, repair and/or replacement of said improvements and work, and compliance with all other Construction Code requirements and applicable laws.
- Insufficient Bond Funds. If the funds received from the bond are not sufficient to pay the total cost of completion, repair and/or replacement of the improvements, work and the 15% overhead fee, the applicant shall be obligated to pay to the City all deficiency amounts. If the public improvements are already installed on the lot or parcel, a bond shall be provided for any potential damage to the installed public facilities in an amount and form set forth in the City Fee Schedule.
- Other Remedies. The City may pursue all civil and criminal legal remedies to ensure payment and/or reimbursement for deficient amounts.
- Permits. Permit fees and any other fees or bonds required herein shall be paid to the City before a permit may be issued.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2026-13 on 4/21/2026
- Request for Deferral. In limited circumstances, upon request of an applicant, the City may defer the installation of any required public improvements or a portion of such public improvements when deemed appropriate in accordance with the provisions of this Section.
- Application for Deferral. The applicant must submit a written application for deferral of public improvements with the Public Works Director. Such written application must include the following:
- Name and address of applicant;
- Address, legal description, and parcel number of subject property;
- Zoning designation and primary use or proposed use of the subject property;
- Description of the specific type of public improvements to be deferred;
- Map of the location where the specific type of public improvements are to be deferred;
- Construction drawings showing the design and details of the public improvements to be deferred (in compliance with current City Standards and Specification and other applicable regulations);
- Aerial view of subject property and adjacent properties showing existing public improvements of the type requested to be deferred located within 250 feet of the exterior boundaries of the subject property;
- Aerial view of subject property and adjacent properties showing any public or private schools, churches, or public parks within 250 feet of the exterior boundaries of the subject property;
- Analysis of the factors required to qualify for the deferral as set forth in Subsection (f);
- Summary of the evidence in support of the request; and
- Application fee for deferral agreements as set forth in the City Fee Schedule
- Public Works Director Review. The Public Works Director shall review the application for deferral of public improvements and confer with other departments or officials as deemed necessary. The Public Works Director shall thereafter prepare a Staff Report and recommendation to the City Council regarding the application for deferral.
- City Council Review. The City Council shall review and approve or deny the application for deferral of public improvements based on the factors set forth in Subsection (f). If approved, the City Council shall specify the type of public improvements approved for deferral and the location of such public improvements approved for deferral. Any decision to approve or deny an application for deferral of public improvements shall include findings in support of the decision.
- Deferral Agreement. If the deferral is approved by the City Council, the property owner of record shall enter into a Deferral Agreement satisfactory to the City assuring completion of said improvements upon the demand of the City. The Deferral Agreement shall be recorded against the subject property. Except as otherwise provided herein, no permit shall be issued until the Deferral Agreement has been executed between the parties and recorded against the property assuring the completion of such improvements upon demand of the City.If the applicant desires to start work on the project, the applicant can enter into an Improvements Agreement and post a bond for the estimated cost of the public improvements proposed for deferral while an application for deferral is being considered by the City. If the deferral is approved, the City may release the posted bond funds in accordance with bond reduction procedures.
- No Temporary Certificate of Occupancy Required. No Temporary Certificate of Occupancy shall be required when the appropriate costs required herein are deposited with the City or a Deferral Agreement has been executed between the parties and recorded against the property for the deferral of specified public improvements.
- Update to Zoning Map. If the application for deferral is approved, the City Recorder shall provide the GIS Specialist a copy of the recorded Deferral Agreement, and the GIS Specialist shall thereafter provide reference to the deferred improvements on the Interactive Zoning Map.
- Required Factors for Deferral. In order to qualify for the deferral of public improvements, the City Council must determine that there is good cause for the deferral and that the application complies with the following requirements. The factors set forth herein are minimum requirements for deferral of public improvements and the City Council reserves the right to determine in its sole discretion whether there is good cause for the deferral.
- The property is a legally conforming lot or parcel as defined and regulated by the Centerville Zoning Code and applicable provisions of CMC 15 (Subdivisions);
- The lot or parcel has frontage on a public street;
- No public improvements of the type requested for deferral exist on the same street as the subject property in one or both directions within the same block or within 180 feet from the boundaries of the subject property, whichever is greater;
- The lot or parcel is not within a recorded subdivision and is not being created as part of a new subdivision development, with the exception of a new minor residential subdivision consisting of two lots or less in the Residential-Low (R-L) Zone.
- If the application is for the deferral of sidewalks, the application shall comply with the following additional requirements:
- The lot or parcel must be located within an area designated by the City where property owners are eligible to apply for deferral of sidewalks (as set forth in CMC 10.04.172);
- The lot or parcel must be located on a minor residential street where the speed limit is 25 mph or less;
- The lot or parcel must not be located adjacent to a public or private school, church, or public park;
- The primary or proposed use of the lot or parcel must not include a public or private school, church, civic use, or public park.
- Regulations for Deferral. The following regulations and restrictions shall apply to any approved deferral of public improvements.
- The applicant must provide with the application for deferral construction drawings showing the design and location of the deferred public improvements in accordance with current City Standards and Specifications as if the deferred improvements were going to be installed with the project.
- The construction drawings for the deferred improvements shall be reviewed by the City Engineer to confirm the design and drawings meet current City Standards and Specification and other regulations.
- All other public improvements for the lot or parcel shall be designed and installed in accordance with current City Standards and Specifications and other applicable regulations.
- If the approved deferral is for the deferral of sidewalk improvements, the following additional regulations and restrictions shall apply:
- The construction drawings shall show the design and location of the deferred sidewalk improvements in compliance with the current standard drive approach design requirements, in addition to all other City Standards and Specifications.
- No improvements other than those permitted in public parkstrips shall be installed or permitted to exist by the property owner in the area where the sidewalk would be installed and such area shall be maintained by the property owner in accordance with applicable City parkstrip standards and restrictions.
- Veterans and First Responder Expedited Application Procedure. A veteran or service member of the armed forces or any public safety first responder that sustains a service connected disability that requires adjustment to his or her primary residence as a result of the service connected disability, shall be eligible for an expedited review and approval process for any request for deferral application as provided herein. The veteran, service member or first responder shall provide sufficient evidence of applicable employment status, service connected disability, property ownership and primary residence status with the written request for deferral application.
- For purposes of this Section, “veteran or service member of the armed forces” shall include any veteran or service member of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, or the reserve component of any such forces. For purposes of this Section, “public safety first responder” shall include any law enforcement officer or fire safety personnel of any city, county, local district, or other governmental agency.
- In order to qualify for this expedited process, the veteran, service member, or first responder applying for the deferral agreement must have sustained a service connected permanent disability. The home or residence must be in the veteran, service member or first responder’s name and must be his or her “primary residence” defined as the principal place where one actually lives.
- Any veteran or service member of the armed forces or any public safety first responder that sustains a service connected disability that requires adjustment to his or her primary residence as a result of the service connected disability, shall be eligible for an expedited review and approval process for deferral agreement applications allowing for final approval of such application by the City Manager (rather than having to go to the City Council for final approval). All other application requirements and procedures set forth in this Section shall apply. The Public Works Director shall still conduct the applicable review of the application and provide a recommendation to the City Manager in accordance with the provisions of Subsection (b). The City Manager shall thereafter conduct the final review and approval of the application based on the factors set forth in Subsection (f) and shall be authorized to enter into the deferral agreement on behalf of the City.
- Any veteran, service member, or first responder adversely affected by a final decision of the City Manager under this Subsection (g) regarding the approval or denial of a deferral agreement application may appeal such decision to the City Council by filing a written appeal to the City Recorder within 30 days from the date of the City Manager’s decision. The appeal to the City Council shall be expedited to the extent feasible.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2018-01 on 1/16/2018
Amended by Ord. 2026-08 on 4/7/2026
Amended by Ord. 2026-13 on 4/21/2026
Property located within the Sidewalk Deferral Area described herein shall be eligible to apply for deferral of sidewalk improvements in accordance with CMC 10.04.170. All other properties within the City shall not be eligible to apply for deferral of sidewalk improvements and facilities. The Sidewalk Deferral Area is defined as that area east of Main Street to the eastern City boundary between Parrish Lane and Porter Lane. The Sidewalk Deferral Area is more particularly shown on the Sidewalk Deferral Area Map, as shown in the link or on the City website.
HISTORY
Adopted by Ord. 2026-13 on 4/21/2026
Any person obtaining a permit hereunder to build or alter any structure on a lot shall be required to pay any applicable impact fees or development fees associated with the new construction in accordance with the fees set forth in the City Fee Schedule.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
No person shall make connections from a utility, source of energy, fuel, or power to any building or system that is regulated by this Title and the Construction Codes for which a permit is required until released by the Building Official. The Building Official shall have the authority to authorize the temporary connection of the building or system in accordance with the Construction Codes. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure, or system regulated by this Title or the Construction Codes in case of emergency where necessary to eliminate an immediate hazard to life or property in accordance with procedures set forth in applicable Construction Codes, including, but not limited to provisions of the International Building Code.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Building Official is authorized to issue a permit for temporary structures and temporary uses in accordance with applicable provisions of the Construction Codes. Any temporary structure or temporary use must also comply with applicable City Ordinances and Zoning Code. Permits for temporary structure or temporary use shall be of limited duration as determined by the Building Official, but shall not exceed 180 days. The Building Official is authorized to grant an extension not to exceed 90 days. Any extension shall be requested in writing by the applicant prior to the expiration of the permit and justifiable cause demonstrated.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
For applications for reconstruction, rehabilitation, repair, alteration, addition, or other improvement of existing buildings or structures located in flood hazard areas, the Building Official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the Building Official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by the Construction Codes, the Building Official shall require the building or structure to meet applicable provisions of the Construction Codes, including, but not limited to, Section 1612 of the International Building Code, as adopted herein. Any building or construction within a flood hazard area shall also comply with the provisions of CMC 9.08 (Flood Damage Prevention).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any work exempt from permit requirements of this Title or the Construction Codes by State law or provisions of the Construction Codes shall not be deemed to be exempt from nor granted authorization for any work to be done in a manner in violation of the provisions of the Construction Codes or any other laws or ordinances of the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
10.05.010 Inspections Required10.05.020 Inspection Requests10.05.030 Duty To Keep Work Accessible And Exposed10.05.040 Approval Required10.05.050 Reinspection10.05.060 Surveys10.05.070 Validity Of Inspection10.05.080 Lowest Floor Elevation10.05.090 Review Of Inspection For Single-Family Residential PermitsAll construction or work for which a permit is required shall be subject to inspection by the Building Official as specified in the Construction Codes. Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures, and sites for which an application has been filed. The Building Official may also make or require other inspections of any construction or work to ascertain compliance with the Construction Codes and other pertinent laws or ordinances.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be the duty of the holder of the permit or their duly authorized agent to notify the Building Official when work is ready for inspection. Such notification shall be provided to the Building Official in writing or by telephone at least one business day before inspection is desired.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be the duty of the owner or owner’s agent and the permit holder to cause the construction or work to remain accessible and exposed for inspection purposes until approved by the Building Official. Neither the Building Official, building inspectors, nor Centerville City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Building Official, upon notification, shall make the requested inspection within a reasonable time and shall either indicate that the construction or portion thereof, is satisfactory as completed, or notify the permit holder or agent that the construction, or portion thereof, fails to comply with the Construction Codes or pertinent laws. Any portions which do not comply shall be corrected and such portions shall not be covered or concealed until authorized by the Building Official. No construction or work shall be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
If reinspection is required, the applicant must present a request for reinspection to the Building Official and pay any applicable reinspection fees assessed by the City and set forth in the City Fee Schedule.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A survey of any lot or parcel may be required by the Building Official to verify that the structure is located in accordance with approved plans.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
An inspection approval shall not be construed to be an approval of a violation of any of the provisions of the Construction Codes or other pertinent law or ordinance. Inspections presuming to give such authority or to cancel the provisions of the Construction Codes or other pertinent law or ordinance shall not be valid.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In flood hazard areas or when required by the Building Official or City Engineer, an elevation certificate shall be submitted to the Building Official in accordance with applicable Construction Codes upon placement of the lowest floor, including the basement, and prior to further vertical construction. Upon completion of construction and prior to final inspection, documentation of the elevation of the lowest floor as required by Construction Codes shall be submitted to the Building Official.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Request for Review of Inspection. Pursuant to Utah Code § 15A-1-210, an applicant for a single-family residential building permit from Centerville City may request an administrative review of an inspection conducted by the City’s building inspector(s) for such single-family residential building permit. The City Manager is hereby designated by the Mayor as the Mayor’s designee to hear and determine all requests for review of an inspection under the provisions of this Section. Any such request for review shall be in writing and filed with the City Recorder within 10 days from the date of the inspection. The request for review shall specifically state the grounds for review and how or why the inspection fails to constitute a fair administration of the applicable Construction Code. The person requesting the review of an inspection under this Section shall bear the burden of proving that the inspection fails to constitute a fair administration of the applicable Construction Code.
- City Manager Review of Inspection. Upon receipt of the request for review, the City Manager shall, with reasonable diligence, review the inspection to determine whether the inspection constitutes a fair administration of the applicable Construction Code. The City Manager’s determination shall be final.
- Limitations of Review. An inspection review, as provided herein, is subject to the following restrictions and limitations:
- An inspection review is separate and unrelated to an appeal under the International Residential Code and does not alter or stay specified time frames for Construction Code appeals;
- An inspection review may not be used to review a matter that may be brought by appeal under the International Residential Code;
- An inspection review may not result in the waiver or modification of an International Residential Code requirement or standard;
- An inspection review may not conflict with an appeal, or the result of an appeal, under the International Residential Code; and
- An inspection review does not prohibit a person from bringing an appeal under the International Residential Code.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
10.06.010 Certificate Required10.06.020 Improvements And Repairs10.06.030 Issuance Of Certificate10.06.040 Notice Of Disapproval10.06.050 Temporary Certificate Of Occupancy10.06.060 Posting Of Certificate10.06.070 Revocation Of Certificate10.06.080 Violation Of Certificate10.06.090 Validity Of CertificateNo building or structure shall be used or occupied, in whole or in part, for any purpose, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the City has issued a Final Inspection Certificate, Certificate of Occupancy, or Temporary Certificate of Occupancy, as provided herein. Certificates of occupancy are not required for work exempt from permits in accordance with applicable provisions of the Construction Codes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
No Certificate of Occupancy or Final Inspection shall be issued for any building or structure until all public improvements, such as asphalt, curbs, gutters, water meter boxes and sidewalks, and any other required improvements, are completed and operable, unless such public improvements have been deferred in writing by the City in accordance with CMC 10.04.170. If any public or other required improvements are damaged during construction, no Certificate of Occupancy or Final Inspection Certificate shall be issued until such improvements are repaired.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
After the Building Official performs the final inspection of a building or structure and finds that all improvements have been completed or repaired as required herein, and finds no violations of the Construction Codes or any other applicable laws or ordinances, the Building Official shall issue a Certificate of Occupancy or Final Inspection Certificate containing such information as required by the Construction Codes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
After the Building Official performs the final inspection of a building or structure and finds that such building or structure does not conform to the Construction Codes or other pertinent laws or ordinances or that all improvements have not been completed or repaired as required herein, the Building Official shall issue a written Notice of Disapproval to the applicant stating the reasons for such disapproval. Pursuant to Utah Code § 15A-1-104, the Building Official must cite with specificity the applicable provision with which the building or structure fails to comply with this Title or provisions of the Construction Codes as adopted herein
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Generally. The Building Official is authorized to issue a Temporary Certificate of Occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period during which the Temporary Certificate of Occupancy is valid.
- Limitations. No Temporary Certificate shall be issued for any incomplete Code requirements which would result in substantial hazard or be injurious to the health, safety or welfare of any person.
- Procedure. In order to obtain a Temporary Certificate, the applicant must execute a written agreement to fully complete, repair and/or replace improvements or work within the time prescribed, not to exceed 30 days from the date of issuance of the Certificate and pay any required fees and bonds.
- Extension. An applicant holding an unexpired Temporary Certificate may apply in writing for an extension of time within which work may be completed showing that circumstances beyond the control of the applicant have prevented action from being taken within the time required. Upon sufficient showing, and payment by the applicant of an extension fee, the City may extend the time for completion. Such extension shall only be permitted once and shall not exceed a period of 90 days.
- Breach. In the event the applicant fails to timely and fully complete, repair and/or replace said improvements in a satisfactory manner, the City may thereafter use the funds comprising any bond retained to cause the improvement to be completed, repaired and/or replaced. If the funds received from the bond are not sufficient to pay the total cost of completion, repair and/or replacement of the improvements and the 15% overhead fee, or if a bond was not retained, the applicant shall be obligated to pay to the City all deficiency amounts. The City may pursue all civil and criminal legal remedies to ensure payment and/or reimbursement for deficiency amounts.
- Compliance. Upon timely and satisfactory completion, repair and/or replacement of said improvements, and compliance with all other Construction Code provisions and applicable laws, the Building Official shall issue a Certificate of Occupancy or Final Inspection Certificate and authorize release any unexpended portion of any bond retained by the City to the applicant less 15% of the total cost to complete, repair, or replace the improvements to cover overhead and administrative costs of the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Building Official is authorized to, in writing, suspend or revoke any Certificate of Occupancy, Final Inspection Certificate, or Temporary Certificate of Occupancy issued under the provisions of this Title and the Construction Codes wherever the certificate is issued in error, on the basis of incorrect information supplied, where conditions or requirements contained within the certificate have not been met, or when it is determined that the building or structure or portion thereof is in violation of any provision of the Construction Codes or any other applicable law or ordinance.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Use or Occupation. Any person, firm or corporation using or occupying any building or structure prior to obtaining a Certificate of Occupancy, Final Inspection Certificate or Temporary Certificate shall be guilty of a class B misdemeanor and shall be guilty of a separate offense for each and every day or portion thereof during which any violation occurs or continues.
- Permitting Use or Occupation. Any person, firm or corporation permitting any person to use or occupy a building or structure prior to the issuance of a Certificate of Occupancy, Final Inspection Certificate or Temporary Certificate shall be guilty of a class B misdemeanor and shall be guilty of a separate offense for each and every day or portion thereof during which any violation occurs or continues.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Issuance of any Certificate of Occupancy, Final Inspection Certificate or Temporary Certificate shall not be construed as an approval of a violation of any of the provisions of the Construction Codes or other pertinent law or ordinance. Certificates presuming to give such authority shall not be valid.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
10.07.010 Unsafe Buildings Or Structures10.07.020 Abatement Of Unsafe Buildings Or StructuresBuildings, structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Unsafe buildings, structures or equipment shall be taken down and removed or made safe, as the Building Official deems necessary, in accordance with procedures set forth in the applicable Construction Codes, including, but not limited to, the Abatement of Dangerous Buildings Code, the International Property Maintenance Code, and applicable provisions of the Construction Codes, as adopted by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
10.08.010 Enforcement Authority10.08.020 Violation Of Construction Codes10.08.030 Right Of Entry10.08.040 Stop Work Order10.08.050 Failure To Comply With Order10.08.060 Notice Of Violation10.08.070 Prosecution Of Violation10.08.080 Criminal Penalties10.08.090 Civil Penalties10.08.100 Continuing Violation10.08.110 Cumulative Remedies And Other ReliefThe Building Official is authorized to enforce the provisions of this Title and the Construction Codes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment regulated by this Title and the Construction Codes, or cause the same to be done, in conflict with or in violation of any of the provisions of this Title or the Construction Codes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Where it is necessary to make an inspection to enforce the provisions of this Title or the Construction Codes, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this Title or the Construction Codes that makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Title or the Construction Codes. If the structure or premises is occupied, the Building Official shall present his or her credentials and request entry. If the structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have the remedies provided by law to secure entry.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Whenever the Building Official finds any work regulated by this Title or the Construction Codes being performed in a manner either contrary to the provisions of this Title, the Construction Codes, or pertinent laws or ordinances, or is dangerous or unsafe, the Building Official is authorized to stop work by issuance of a stop work order. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. It shall be unlawful for any person to continue work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or remedy dangerous or unsafe condition.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person, firm or corporation to fail to comply with a lawful order of the Building Official or building inspector.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, or occupancy of a building or structure in violation of the provisions of this Title or the Construction Codes, or in violation of a permit or certificate issued under the provisions of this Title or the Construction Codes. Such notice or order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
If the notice of violation or order as provided in CMC 10.08.060 is not complied with promptly, the Building Official is authorized to request the City to institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Title or the Construction Codes or of the notice, order or direction made pursuant thereto.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Unless otherwise specifically provided by law, any person who violates any provisions of this Title or the Construction Codes, fails to comply with any of the requirements thereof, who erects, constructs, alters or repairs a building or structure in violation of the approved Construction Documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this Title or the Construction Codes, shall be guilty of a Class B misdemeanor, subject to fines and penalties provided by law.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City may establish and impose civil penalties for various violations of City Ordinances to the extent permitted by and in accordance with applicable provisions of State law, including, but not limited to Utah Code §§ 10-3-703 and -703.7. In accordance with such provisions, the City has adopted a civil enforcement program, including civil penalties for ordinance violations, as more particularly set forth in CMC 1.06 (Civil Penalties). To the extent permitted by law, the use of such civil penalties and enforcement procedures for violations of this Title shall be in addition to any and all other remedies set forth in this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In instances where the violation of this Title or the Construction Codes is a continuing violation, a separate offense shall be deemed committed for each day in which the violation occurs or continues to occur.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
To the extent permitted by law, the enforcement provisions and remedies set forth in this Chapter shall be cumulative and nonexclusive. This Chapter shall not limit the authority of the City or any court of competent jurisdiction to impose any other sanction or order any other relief as may be appropriate and lawful under the laws of the State of Utah.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
10.09.010 Building Board Of Appeals Established10.09.020 Members10.09.030 Organization And Procedure10.09.040 Filing Appeal10.09.050 Notice And Hearing10.09.060 Decision10.09.070 LimitationThere is hereby created a Building Board of Appeals in Centerville City to hear and decide appeals of orders, decisions, and determinations made by the Building Official relative to the application and interpretation of the Construction Codes and this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Number and Qualification. The Building Board of Appeals shall consist of five members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of Centerville City.
- Alternates. At least two alternate members shall be appointed to the Building Board of Appeals. All alternate members shall meet the qualification requirements for regular Members. Alternate members may be called by the Board chairperson to hear appeals during the absence or disqualification of a member.
- Appointment and Term. Members of the Building Board of Appeals shall be appointed by the Mayor with the advice and consent of the City Council to staggered terms of three years, provided that members may be appointed to terms shorter than three years when necessary to provide for staggered terms.
- Compensation. Members of the Building Board of Appeals shall receive a per diem allowance for each day or portion of a day spent performing Board duties, and all necessary travel and accommodation expenses incurred in the discharge of such duties, as the City Council may approve.
- Removal. Members of the Building Board of Appeals shall serve at the pleasure of the City Council and may be removed with or without cause by a majority vote of the City Council.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Chairperson. The Building Board of Appeals shall elect a chairperson who shall administer oaths, compel the attendance of witnesses, and oversee the proceedings of the Board. In the event the Chairperson is absent from any proceeding, a chairperson pro tempore may be appointed by a majority vote of the members present.
- Building Official. The Building Official of Centerville City shall be an ex officio member of the Building Board of Appeals. As such, the Building Official shall attend all proceedings of the Board, but shall not vote upon any matter before the Board.
- Rules of Procedure. The Building Board of Appeals may adopt rules of procedure for conducting its business. Any such rules of procedure shall be reviewed and approved by resolution of the City Council.
- Meetings. The Building Board of Appeals shall hold meetings at such times as the Board determines is necessary and as called by the Chairperson or the City Manager. Except as otherwise provided by law, all meetings of the Building Board of Appeals shall be open to the public.
- Records. The Building Board of Appeals shall keep minutes of its proceedings, including the vote of each member on each question, or the member's absence or failure to vote, and records of its examinations or other official actions. Such records shall be filed with the City Recorder and shall be open to the public pursuant to the Government Records Access and Management Act, as set forth in Utah Code §§ 63G-2-101, et seq.
- Quorum. A majority of the Members of the Building Board of Appeals shall constitute a quorum and may act in behalf of the Board.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Unless otherwise provided in the applicable Construction Code, any order, decision, or determination of the Building Official relative to application and interpretation of the Construction Codes may be appealed to the Building Board of Appeals by filing within 15 days from the date of said decision an original and three copies of a written request for appeal and statement of the grounds for the appeal and a request for a hearing on said decision, if desired. The written request for appeal and statement shall be filed with the City Recorder during regular business hours. An application for appeal shall be based on a claim that the true intent of the Construction Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the Construction Codes do not fully apply, or an equally good or better form of construction is proposed.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Building Board of Appeals shall fix a reasonable time for a hearing of the appeal, give any required public notice thereof, as well as due notice to the parties in interest. Any party may appear in person or by authorized agent at the hearing. The appellant, the Building Official, and any person whose interests are affected shall be given the opportunity to be heard at the appeal hearing.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
After the hearing, the Building Board of Appeals shall make a decision on the matter. Except as provided in CMC 10.09.070, the Building Board of Appeals may, by majority vote, affirm, reverse, or modify the appealed order, decision or determination of the Building Official, provided that any decision granting an appeal shall require votes from at least three Members of the Board in support of such decision. The Building Board of Appeals shall render its decision and findings in writing to the appellant with duplicate copies to the Building Official and the City Manager.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Building Board of Appeals shall have no authority to waive requirements of this Title or the Construction Codes. Pursuant to Utah Code § 15A-1-207, the Building Board of Appeals may not interpret the administrative provisions of this Title or the Construction Codes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
11.01 Streets And Public Ways11.02 Parkstrips And Parkstrip Trees11.03 Street Names And Addressing11.04 Excavation Permits11.01.010 Authority11.01.020 Powers And Duties11.01.030 Administration11.01.040 Standards And Specifications11.01.050 Street Excavations11.01.055 Franchise Required11.01.057 Franchise Application Fees11.01.060 Driveways11.01.065 Water Meters11.01.070 Stormwater Regulations11.01.080 Placing Or Mixing Materials11.01.085 Dumpsters And Equipment11.01.090 Overflowing Water11.01.100 Discharge Of Water11.01.110 Irrigation Ditches Under Sidewalks11.01.120 Removal Of Snow From Sidewalks11.01.130 Trash Or Other Obstructions11.01.140 Parade Route RestrictionsThis Chapter is adopted pursuant to and in accordance with applicable provisions of state law regarding a municipality’s right to regulate its rights-of-way and under the City’s police power to establish procedures and standards for the safe use of its rights-of-ways, including, but not limited to, the provisions set forth in Utah Code §§ 10-8-11, § 10-8-13, § 10-8-23, and § 10-8-84, and provisions of the Utah Protection of Highways Act, as set forth in Utah Code §§ 72-7-101, et seq.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Public Works Director shall have general supervision of all the streets, rights-of-way, bridges, sidewalks, and other public ways that lie within the corporate boundaries of the City. The Public Works Director shall comply with and enforce the provisions of this Chapter and every other ordinance which shall relate to the maintenance and use of streets, rights-of-way, culverts, ditches, bridges, curbs, gutters, sidewalks, drains, water ways, or any other public ways. The Public Works Director shall supervise, inspect and control the construction, maintenance, and/or repair of all streets, rights-of-way, culverts, ditches, bridges, curbs, gutters, sidewalks, drains, water ways, and other public ways within the boundaries of the City. The powers and duties of the Public Works Director, as specified herein, may be delegated by the Public Works Director to authorized designees. When used in this Chapter, Public Works Director shall include the reference to such authorized designees.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In addition to the powers and duties of the Public Works Director set forth in CMC 11.01.020, this Chapter shall be administered and enforced by the Public Works Director or authorized designees.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City Council, upon the recommendation of the City Engineer and Public Works Director, shall establish and adopt certain standards and specifications for the construction of streets and public improvements within the City (City Standards and Specifications). Any installation, construction, alteration, repair, maintenance or other work on the streets and public improvements within the City, or within any public right-of-way, shall comply with the City Standards and Specifications.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Prior to commencement of any excavation work within the public right-of-way, an excavation permit shall be obtained from the City in accordance with the provisions of CMC 11.04 (Excavation Permits). It shall be unlawful for any person to perform such excavation work within the public right-of-way without obtaining an excavation permit from the City. All excavation work shall comply with the City Standards and Specifications and the provisions of CMC 11.04 (Excavation Permits).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Except as otherwise expressly provided herein or exempt under federal or state law, any person or entity desiring to install improvements or facilities within any public right-of-way under the jurisdiction of the City shall be required to enter into a franchise agreement or other acceptable rights-of-way use or license agreement with the City authorizing the use of the public right-of-way for such improvements or facilities and specifying the terms and conditions of such use of the public right-of-way. It shall be unlawful for any person to place, construct, or maintain any approach road, driveway, pole, pipeline, conduit, sewer, ditch, culvert, billboard, advertising sign, utility or any other structure, facility or object of any kind or character within the public rights-of-way within the jurisdiction of the City without obtaining such a franchise agreement or other acceptable rights-of-way use or license agreement from the City in accordance with the provisions of this Section. Telecommunications improvements or facilities installed within public rights-of-way under the jurisdiction of the City shall be governed by the provisions of CMC 17 (Telecommunications). Cable television improvements or facilities installed within the public rights-of-way shall be governed by the provisions of CMC 18 (Cable). Regulation of the City’s rights-of-way as provided herein shall be subject to and comply with the provisions of the Utah Protection of Highways Act, as set forth in Utah Code
§§ 72-7-101, et seq.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In order to offset the costs to the City to review any application for a franchise or other acceptable rights-of-way use or license agreement as required under CMC 11.01.055, the applicant shall be required to submit at the time of application the applicable franchise application fees as adopted by the City and set forth in the City Fee Schedule, which application fees shall be nonrefundable. An application fee shall also be paid when an amendment, renewal or transfer of such franchise is requested. The applicant shall also be required to pay reasonable costs and expenses for professional services, such as engineering and legal fees, incurred by the City in connection with any application.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2026-08 on 4/7/2026
It is unlawful for any person to construct a driveway or other improvement across a public sidewalk or within the public right-of-way without obtaining an excavation permit from the City in accordance with the Excavation Permit Ordinance as set forth in CMC 11.04 (Excavation Permits). Any driveway must comply with applicable provisions of CZC 12 (Zoning) including, but not limited to, sight triangle requirements and impervious surface restrictions, and meter location restrictions as set forth in CMC 9.02.240.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The installation and location of all water meters and related facilities within the public right-of-way or parkstrips shall comply with the provisions and requirements of CMC 9.02.240.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All persons and entities shall comply with applicable provisions of the Stormwater Ordinance, as set forth in CMC 16 (Storm Water), including, but not limited to, prohibited actions set forth in CMC 16.04 (Prohibited Actions), regarding, among other prohibitions, obstructions, stockpiling, and illicit discharges within the public right-of-way.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Unless a permit has been obtained from the City pursuant to CMC 11.04 (Excavation Permits) and CMC 16 (Storm Water), it is unlawful for any person or entity to place or pile, or permit to be placed or piled, any sand, gravel, lime, cement, mortar, plaster, concrete, or any like substance or mixture, or allow the same to remain within the public right-of-way. It is unlawful for any person or entity to make, mix, or permit to be made or mixed, any mortar, plaster, concrete, or any like substance within the public right-of-way.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Except as otherwise provided herein, property owners and builders are required to place all dumpsters, storage units, scaffolding, equipment, and similar obstructions on private property and outside of the public right-of-way. If it is not feasible or practical to place such obstructions on private property, a temporary occupancy permit may be obtained from the City for limited and temporary placement of such items within the public right-of-way. Applications for a temporary occupancy permit shall be submitted to and issued by the Public Works Director. It shall be unlawful for any person to place, deposit, maintain, store or leave any dumpster, storage unit, scaffolding, equipment, or other obstruction within any public right-of-way in the City without first obtaining a temporary occupancy permit from the Public Works Director in accordance with the terms and conditions of this Section. All applicable fees shall be paid for such temporary occupancy permit in accordance with Section 17.010 of the City Fee Schedule. Any approved occupancy of the public right-of-way shall be properly barricaded and conducted in accordance with applicable traffic and parking regulations and an approved traffic plan, as required by the Public Works Director. Existing drainage channels and gutters shall be kept free of obstruction and dirt or debris so that the natural flow of the drainage is maintained and all stormwater BMP’s and regulations are met. In no event shall dumpsters be permitted within the public right-of-way during winter parking restriction periods as set forth in CMC 14.06.010
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-07 on 4/4/2023
It shall be unlawful for any person to allow water to overflow from any ditch, subsurface drainage system, roof drain, canal, well, or irrigation stream onto the streets, sidewalks or property of the municipality.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person owning, occupying, or having control of any premise to fail, refuse or neglect to prevent water from the roof or eaves of any house, building, or other structure, or from any other source under the control of such person to be discharged onto the streets, sidewalks or property of the municipality.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All owners or occupants of lots in the City who require water from a main ditch for irrigation or other purposes shall dig ditches, erect flumes, lay pipes, install culverts, and maintain the same to convey water under sidewalks to or from their respective lots. Any such activity within the public right-of-way shall require an Excavation Permit in accordance with the provisions of CMC 11.04 (Excavation Permits). All culverts, ditches, pipes and flumes conveying water under sidewalks shall comply with the City Standards and Specifications.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It is unlawful for the owner, occupant, lessor, or agent of property abutting a paved sidewalk to fail to remove or cause to be removed from the entire length of the sidewalk abutting such property all snow or ice thereon within 24 hours after the storm as reported by the National Weather Service for Centerville City, Utah. Ice shall be removed to bare concrete within 24 hours after the storm or freezing event causing the ice to form on the sidewalk. It is unlawful for any person removing snow or ice from the sidewalk, driveway, or other private property, to deposit such snow or ice in the gutter or public right-of-way.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-06 on 3/7/2023
It shall be unlawful for any person owning, occupying or having control of any premise to place, or permit to be placed (except on normal garbage collection days), upon or in the sidewalk, gutter, or within the street next to such premise which would hamper pedestrian or vehicular traffic:
- Any broken ware, glass, filth, rubbish, sweepings, refuse matter, ice, snow, water, garbage, or other like substances.
- Any lumber, boxes, fencing, building material, dead trees, tree stumps, merchandise or other thing which shall obstruct such public street, gutter, parking area or sidewalk, or any part thereof, except as expressly authorized by ordinance.
- Any permanent or temporary structure, mechanism, device, vehicle, or other thing of any kind or character except trees planted pursuant to the provisions of applicable ordinance or other utilities or facilities as expressly authorized by ordinance.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The following restrictions shall apply to the use of public property and rights-of-way adjoining designated parade routes or other public events. It shall be unlawful for any person to actually claim or attempt to claim, reserve, occupy or otherwise control public property either in person or by the placement of any object, such as, but not limited to, ropes, chairs, blankets, banners, vehicles, or barriers of any kind, prior to 4:00 p.m. the day before the scheduled parade or public event or prior to 5:00 p.m. if the day before the parade or event is a Sunday. It shall be unlawful for any person to place, erect, use or employ any stakes, tents or enclosed shelters, including vehicles or trailers, on public property adjoining a designated parade route or other public event at any time. No person shall obstruct public sidewalks, paved portions of streets, or occupy any unsafe position or occupy a position which may cause damage to public or private property. A violation of this Section shall be deemed an infraction, punishable by fine not to exceed fifty dollars ($50.00).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
11.02.010 Parkstrip Definition11.02.020 Parkstrip Landscaping Or Hardscaping11.02.022 Limited Concrete Walkway In Parkstrip11.02.030 Parkstrip Maintenance11.02.032 Public Utility Easements In Parkstrips11.02.034 Damage To Underground Utilities In Parkstrips11.02.040 Parkstrip Visual Obstructions11.02.050 Parkstrip Trees - Permit Required11.02.060 Parkstrip Trees - Location Restrictions11.02.070 Parkstrip Trees - Maintenance Requirements11.02.080 Parkstrip Trees - Approved Tree List11.02.090 EnforcementFor purposes of this Chapter, parkstrip shall mean the area within the public right-of-way located between the top back of curb and the sidewalk or between the top back of curb to the right-of-way when no sidewalk is present, but not including driveways, sidewalks, or trails. Note, despite the definition of parkstrip as provided herein, any portion or side of any property which does not have a sidewalk is not considered to have a parkstrip under CZC 12.51.065 which prohibits lawn and turf within parkstrips.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2026-06 on 4/7/2026
In accordance with CZC 12.51.065 (Lawn and Turf Landscaping Restrictions), lawn or turf is prohibited within any parkstrip within the City, including, but not limited to parkstrips located within any single-family residential, multifamily residential, mixed use, commercial, industrial, public facility, specialty, or overlay zone. Landscaping within the parkstrip shall comply with applicable provisions of CZC 12.51 (Landscaping and Screening). Hardscaping within the parkstrip shall comply with the provisions of this Section and applicable provisions of CZC 12.51 (Landscaping and Screening). Installation of parkstrip landscaping or hardscaping shall be the responsibility of the abutting property owner to the parkstrip. Except as provided in CMC 11.02.022 (Limited Concrete Walkway), if the parkstrip, or any portion of the parkstrip, is improved with hardscaping, such hardscaping shall be limited to the following acceptable materials: 1.5” to 6” diameter decorative rocks and/or loosely laid bricks, pavers, and/or or flagstones. Except as otherwise provided in CMC 11.02.022, the use of concrete, asphalt, course wood or synthetic products (such as bark, mulch, and wood chips), or any other materials or hardscaping is prohibited within parkstrips. The provisions of this Section shall not apply to parkstrips and properties located in the Parrish Lane Gateway Area. Parkstrips and properties located in the Parrish Lane Gateway Area shall be subject to the streetscape design standards set forth in CZC 12.63 (Parrish Lane Gateway Design Standards).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2021-12 on 5/4/2021
Amended by Ord. 2022-15 on 7/19/2022
Amended by Ord. 2026-06 on 4/7/2026
A limited concrete walkway may be allowed within the parkstrip for certain residential lots as more particularly provided in this section. Each single family residential lot in a residential zone or a single family dwelling constructed in any other zone may install one concrete walkway within the parkstrip connecting the sidewalk to the curb and gutter. Such concrete walkway shall comply with the following standards:
- The concrete walkway shall only be allowed for single family residential lots or for a single family dwelling constructed in any other zone;
- The concrete walkway shall be no wider than five feet (5’) wide (as measured horizontally with the sidewalk);
- The concrete walkway shall extend perpendicular from the sidewalk to the curb and gutter;
- The concrete walkway may only be installed if there is a connecting walkway from the parkstrip and sidewalk to the front or side door of the single family dwelling or such connecting walkway is installed simultaneously with the parkstrip pathway as a condition of any required permit;
- The concrete walkway shall be located a minimum distance of at least six feet (6’) from the closest portion of any drive approach apron;
- The concrete walkway shall meet all distance and location requirements of CMC 9.02.240 (Water Meters);
- No colored concrete shall be used for the concrete walkway;
- No concrete walkway shall be used for vehicular access or use and shall not be used in any way to access vehicular storage or parking areas (such as side yard access for RV pad);
- The concrete walkway shall be maintained by the abutting property owner in accordance with CMC 11.02.030 (Parkstrip Maintenance) and for snow removal as provided 11.01.120 (Removal of Snow from Sidewalks);
- If the concrete walkway is required to be removed or altered in any way by utility providers, the abutting property owner shall be responsible for repairing and/or replacing the concrete and related improvements installed by the abutting property owner; and
- Property owner shall obtain any required permit for installation of improvements within the public right-of-way prior to any work in the parkstrip for the concrete walkway.
HISTORY
Adopted by Ord. 2022-15 on 7/19/2022
Maintenance of all parkstrip areas shall be the responsibility of the abutting property owner to the parkstrip. Such maintenence of the parkstrip by the abutting property owner shall include:
- Maintenance of all landscaping and hardscaping within the parkstrip;
- Removal of all noxious weeds in the parkstrip and on adjacent sidewalks in accordance with CMC 7.04 (Weed Control and Cleaning of Real Property);
- Removal of leaves and overhanging branches within the parkstrip, sidewalk or adjacent right-of-way in accordance with CMC 11.02.070;
- Maintenance and compliance with all visual obstruction and site triangle requirements set forth in this Title and CZC 12 (Zoning); and
- Compliance with all other parkstrip maintenance obligations set forth in CZC 12 (Zoning).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2021-12 on 5/4/2021
Most parkstrips within the City are located within the public right-of-way and are burdened by and subject to public utility easements for purposes of installing and maintaining public utilities. Such public utility easements shall be governed by and subject to applicable Utah law regarding rights of utilities with facilities within the easement, including, but not limited to Utah Code § 54-3-27. Property owners shall be subject to all rights and obligations of any applicable public utility easements and utility facilities within the parkstrips. Property owners, their agents, contractors, or assigns may be liable or responsible for any damage to or interference with public utilities within the parkstrip caused by any use of or improvements within the parkstrips.
HISTORY
Adopted by Ord. 2021-12 on 5/4/2021
Any property owner, or the property owner’s agent, contractor, or assign, making improvements to or maintaining the parkstrip shall be subject to the Damage to Underground Utility Facilities Act as set forth in Utah Code §§ 54-8a-101, et seq. As provided therein, Utah law requires any excavator to notify each operator of underground facilities in the parkstrip at least 48 hours before excavating.
HISTORY
Adopted by Ord. 2021-12 on 5/4/2021
The following regulations shall apply to all structures, improvements, landscaping, and hardscaping within parkstrips:
- Height Restriction. In all zones, no fence, wall, sign, or similar structure, or landscaping which exceeds two feet in height shall be placed within the parkstrip, except for trees approved by permit, and standard mailboxes.
- Enclosed mailboxes. Except for cluster-box structures, all enclosed mailboxes within the parkstrip, shall meet the USPS standard height of 41 inches to 45 inches and all other applicable USPS standards. Mailboxes, poles, stands and other similar devices shall not exceed 18 inches by 18 inches measured at the base. Street side mail-boxes shall be reviewed at the time of building permit review for all new residential development.
- Driveway. No sight obscuring fence, wall, sign, or other similar structure or landscaping, which exceeds two feet in height shall be placed within a triangular area formed by a driveway line, the street/curb line, and a line connecting them at points 12 feet along the driveway line and 12 feet along the street/curb line, measured at the joint of the asphalt and gutter line.
- Clear View of Intersection Street. In all zones, no fence, wall, sign, or similar structure, or landscaping which exceeds two feet in height shall be placed on any corner lot within a triangular area formed by the street/curb lines measured at the joint of the asphalt and gutter line and a line connecting them at points 50 feet from the intersection of the street/curb lines, except for public safety signs and equipment. Deciduous trees within the 50-foot triangle shall be allowed by permit approved by the Public Works Director. Evergreen trees are not allowed within the 50-foot triangle. Trees planted without a permit shall be subject to removal by the Public Works Department. Trees existing as of the date of adoption of this Ordinance with trunks located within the clear-view area defined herein may remain at the discretion of the City based upon safety and visibility standards, but may not be replaced once removed.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2021-12 on 5/4/2021
All property owners who desire to plant a tree, or trees, within the parkstrip, or any portion of the public right-of-way if a parkstrip is not established, shall submit a complete street tree permit application for review and approval by the Public Works Director or designee. The application shall include at least the following information:
- Name and address of applicant;
- Site plan indicating the location of the desired tree(s) and distance from curb, sidewalk, street corner, driveway, signage, fire hydrant, cross walk, utility meter and power lines;
- The species and number of tree(s) to be planted; and
- Evidence establishing compliance with the provisions of this Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All parkstrip trees shall comply with the following location restrictions:
- Trees shall only be allowed within parkstrips that have a minimum of four feet in width, measured between the top back of the curb line to the front face of the sidewalk line.
- A tree planted within the parkstrip shall be planted in the center of the parkstrip at least two feet from the curb and two feet from the sidewalk.
- Each tree within the parkstrip shall be planted no less than 20 feet from another parkstrip tree.
- Parkstrip trees shall not be allowed within 30 feet of a public safety sign. Additional length for a specific area may be required as the City deems appropriate such as: distance from culinary and secondary water valves, distance from telecommunication fixtures, distance from power utility boxes, and distance from fire hydrants.
- All trees planted within the park strip shall meet the visual obstructions criteria found within CZC 12.55.230.
- Before choosing the planting location or installing any tree, the applicant shall contact Blue Stakes for location of underground utilities.
- Trees within the right of way where no parkstrip exists shall be at least 12 feet from the street/curb line, as measured from the top back of curb, and planted no less than 20 feet from another street tree.
- The guidelines for visual obstructions shall apply to all street trees.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The following maintenance requirements shall apply to all trees located within the parkstrip or within or affecting any portion of the public right-of-way:
- All property owners shall be responsible for the cleanup of shed leaves, fruit, nuts, pods, branches and all other items produced by the vegetation found within the parkstrip, or within the public right of way.
- Trees shall be pruned by the property owner as to have eight feet of clearance over the sidewalk and 13 feet of clearance over the street.
- All newly planted trees under power lines shall not exceed 25 feet at the tree’s full mature height. Trees that may exceed this mature height limit may require removal at the homeowner’s expense. All existing trees planted under power lines shall be pruned at the discretion of the electric utility provider.
- The City shall have the right to prune, maintain, or remove trees, at the owner’s expense, within the parkstrip and within the City right-of-way, that are deemed a hazard by the Centerville City Street Department Supervisor. A tree may be considered hazardous due to, but not limited to the following: size, age, condition, disease or obstructing the clear view of streets, signs, signals or intersections.
- Trees existing as of the date of adoption of this Section that do not meet the City standard for park strip or street side trees may remain at the discretion of the City based upon safety and visibility standards, but may not be replaced once removed.
- The City shall have the right to require a property owner to remove any tree, at the owner’s expense, that is deemed a safety hazard to pedestrians or vehicular traffic, or is damaging public infrastructure, regardless of when the tree was planted.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The following is a list of acceptable trees that may be planted in the parkstrip. Other trees may be approved in writing by the City:
- Amur Maple Height: 15’
Spread: 15’
Growth Rate: Medium - Eastern Redbud
Height: 25’
Spread: 25’
Growth Rate: Medium - English Hawthorn
Height: 15’
Spread: 15’
Growth Rate: Slow - Rose of Sharon Tree Form
Height: 12’
Spread: 6’
Growth Rate: Slow-Medium - Spring Snow Flowering Crabapple
Height: 20’
Spread: 20’
Growth Rate: Fast - Flowering Pear
Height: 25’
Spread: 16’
Growth Rate: Fast - Lavalle Hawthorn
Height: 20’
Spread: 20’
Growth Rate: Medium - Red Buckeye
Height: 20’
Spread: 25’
Growth Rate: Medium - Bigtooth Maple
Height: 25’
Spread: 15’
Growth Rate: Slow - Washington Hawthorn
Height: 25’
Spread: 25’
Growth Rate: Medium
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Trees existing as of the date of adoption of this Chapter that do not meet the City standard for parkstrip or street side trees may remain at the discretion of the City based upon safety and visibility standards, but may not be replaced once removed. Owners of existing parkstrip/street side trees shall still be required to follow all maintenance standards required herein.
- Those who do not comply with the parkstrip standards found herein shall be subject to enforcement action, which may include the removal of any such non-approved item planted, constructed or placed within the parkstrip and/or City right-of-way.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
11.03.010 Purpose11.03.020 Applicability11.03.030 Numerical Street Coordinate System11.03.040 Numerical Street Coordinate System Diagram11.03.040 Use Of Alias Street Name11.03.050 Assignment Of Street Names11.03.060 Changes Or Alteration Of Street Name11.03.070 Numerical Address Coordinate System11.03.080 Assignment Of Numeric Addresses11.03.090 Changes Or Alterations Of Assigned Numerical AddressesThe purpose of this Chapter regarding street name and addressing regulations is to promote order and predictability for emergency services, mail and delivery services, and common directional communication. HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All buildings, addresses, lots, parcels, tracts, development, and other uses of land, and all publicly dedicated streets within the City shall be subject to the provisions of this Chapter and any applicable State statutes, construction codes or other applicable law. If there is a conflict between the provisions of this Chapter and any other applicable law or regulation, the most restrictive regulation shall apply unless otherwise preempted by State law.HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All streets within the City shall be principally labeled using a numerical-based directional coordinate grid system. This system’s base point is located at the intersection of Center Street and Main Street. The City numerical street coordinate system is represented in the following diagram.

HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City numerical street coordinate system is represented in the following diagram.

HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In addition to the officially assigned street numeric label, a street may be given an alias label, as approved by the City and in coordination with the City’s emergency service entities, the County, and the local postmaster.HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The initial assignment of street names shall be reviewed and approved by the Public Works Director or designee. Generally, all developments consisting of publicly dedicated streets shall provide the required street numeric and/or desired alias as part of the associated subdivision or street dedication plat approval.HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A street name may be changed, corrected, or altered (collectively referred to as “street name change”) upon approval of the City Council. Any requests for street name change shall be submitted in writing to the Public Works Director. Such written request for street name change shall include a correct and current mailing list of all property owners of record of properties having a mailing address on, or for undeveloped properties located on, the street or portion of the street subject to the proposed name change (hereinafter referred to as “affected property owners”). The written request for street name change shall also include a petition describing the proposed name change and containing the signatures of all affected property owners of record who consent to the proposed street name change. In order to approve any street name change request, the required petition must include the signatures from at least 75% of the affected property owners consenting to the street name change. The written request for street name change must also include a letter of approval from all emergency services, Davis County, and local postmaster indicating that they have been notified of the proposed street name change and that such name change is acceptable. All costs associated with street name change requests shall be borne by the applicant making the request. The City Council may change, correct, or alter a street name upon the occurrence of the following:
- The Public Works Director shall review the written request to determine if the application is complete. If deemed complete, the Public Works Director shall prepare a Staff Report regarding the proposed street name change and forward the same with the written request and petition to the City Council.
- The City Council shall schedule and hold a public hearing regarding the street name change request and consider the evidence and petition submitted to determine whether the street name change is warranted or appropriate. Notice of the public hearing and the proposed street name change shall be provided to all affected property owners as defined above. Public notice of the meeting and hearing shall also be provided in accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 63G-2-101, et seq.
- The City Council must determine, based on the evidence presented, that there is good cause to allow the street name change, correction, or alteration.
- The City Council is satisfied all emergency services, Davis County, and local postmaster have been notified by the applicant of the proposed change and have submitted the required written letter of approval.
- The City Council is satisfied there are sufficient funds budgeted or provided to facilitate the replacement of all signs associated with the proposed change, correction, or alteration. If the name change request is from a private citizen or agency, such person or agency shall pay for the cost of the replacement signs, unless otherwise specifically directed by the City Council.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All buildings, addresses, lots, parcels, tracts, development and other uses of land shall be labeled using an odd or even numeric/directional-based labeling system. This system’s base point is located at the intersection of Center Street and Main Street. All east-west and north-south numeric/directional coordinates have been divided into quadrants associated with this base point and odd-even numeric addresses shall be assigned in accordance with the City numerical address coordinate system represented in the following diagram.

HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The initial assignment of numerical addresses for parcels, lots, tracts, or buildings shall be reviewed and approved by the Public Works Director or designee. Generally, all land division applications shall provide the required numerical address with the associated subdivision or street dedication plat approval in accordance with the Numerical Address Coordinate System set forth in CMC 11.03.070. For corner lots, two numerical addresses shall be provided for each lot and the final address assignment will be assigned with the issuance of the related building permit.HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
An assigned Numerical Address may be changed, corrected, or altered upon approval of the Public Works Director or designee. The Public Works Director may change, correct, or alter an assigned address upon the occurrence of the following:
- A written request from the property owner or the property owner’s agent is submitted to the Public Works Director and includes the need or reason for requesting a change.
- The property owner or property owner's agent pays the applicable fees and deposits for address change requests as set forth in the City Fee Schedule.
- The Public Works Director determines that a change is warranted or appropriate to resolve a conflict or problem.
- The new address is consistent with the Numerical Address Coordinate System set forth in CMC 11.03.070.
- The new address is deemed acceptable by the City’s emergency service entities and the applicant has supplied letters of approval from all affected entities.
- A written letter, signed and notarized, is prepared and submitted to the Davis County Recorder with copies sent to the requester and the local postmaster.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2020-05 on 3/17/2020
11.04.010 Title11.04.012 Authority11.04.015 Administration11.04.017 Definitions11.04.020 Permit Required11.04.025 Exemptions11.04.030 Permit Application Requirements11.04.032 Application Review And Approval11.04.035 Franchise Required11.04.040 Emergency Work11.04.050 Application And Permit Fees11.04.060 Permit - Contents, Duration And Extensions11.04.070 Permit - No Transfer Or Assignment11.04.080 Compliance With Standards And Specifications11.04.082 Minimum Interference11.04.084 Barricades11.04.086 Road Closures11.04.088 Excavating Requirements11.04.089 Inspection Required Before Hand Surfacing11.04.090 Other Highway Permits11.04.100 Relocation Of Structures In Public Rights-Of-Ways11.04.110 Impact Of Excavation On Existing Improvements11.04.120 Restoration Of Public Property11.04.130 Insurance Requirements11.04.140 Bonds And Warranty11.04.150 Hold Harmless Agreements11.04.160 Work Without Permit11.04.170 Failure To Comply Or Default In Performance11.04.180 Failure To Conform To Standards11.04.190 Appeal Of Suspension, Revocation Or Stop Order11.04.200 Tampering With Traffic Barricades11.04.210 Conflict With Governing Provisions11.04.220 PenaltyThis Chapter shall be known as and may be referred to as the Centerville City Excavation Permit Ordinance.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
This Chapter is adopted pursuant to and in accordance with applicable provisions of State law regarding a municipality’s right to regulate its rights-of-way and under the City’s police power to establish procedures and standards for the safe use of its rights-of-ways, including, but not limited to, the provisions set forth in Utah Code §§ 10-8-11, § 10-8-13, § 10-8-23, and § 10-8-84, and provisions of the Protection of Highways Act, as set forth in Utah Code §§ 72-7-101, et seq.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
This Chapter shall be administered and enforced by the Public Works Director, or authorized designees.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
For purposes of this Chapter, the following terms and phrases shall have the meaning set forth herein:
- "Applicant" means any person who makes application for an Excavation Permit under the provisions of this Chapter.
- "Emergency" means any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or property, or which causes interruption of utility services.
- "Manual on Uniform Traffic Control Devices" means the manual on proper barricading and traffic control devices as published by the Federal Highway Administration (FHWA).
- "Permittee" means any Person which has been issued a permit and thereby has agreed to fulfill the requirements of this Chapter.
- "Person" means and includes any natural person, partnership, firm, association, Provider, corporation, company, organization, or entity of any kind.
- "Property Owner" means person or persons who have legal title to property and/or equitable interest in the property.
- "Provider" means any person providing utility, cable or telecommunications services to another through the use of a system of facilities and infrastructure which uses the public rights-of-way, or any person who owns or operates such a system and leases it to another for the purpose of providing utility, cable or telecommunications services to another, or any public utility company which uses the public rights-of-way for purposes of providing gas, electrical, water or other utility product or services for the use by the general public.
- “Public Right-of-Way” means and includes all municipal streets, alleys, roads, lanes, footpaths, walkways, sidewalks and easements within the City dedicated to the public; provided, Public Rights-of-Way shall not include any real or personal property of the City that is not specifically described herein and shall not include utility easements not within rights-of-way of the City.
- “Standards and Specifications” means the latest version of the City Standards and Specifications for construction of public improvements and other construction within the public rights-of-way as adopted by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person desiring to perform work of any kind in a Public Right-of-Way, other than the City or its authorized employees and agents, shall be required to apply for and obtain an Excavation Permit from the City. The decision by the City to issue an Excavation Permit shall include, among other factors determined by the City, the following:
- The capacity of the Public Right-of Way to accommodate the facilities or structures proposed to be installed in the Public Right-of-Way;
- The capacity of the Public Right-of-Way to accommodate multiple wires, pipes, and facilities in addition to cables, conduits, pipes and other facilities or structures of other users of the Public Right-of-Way, such as electrical power, telephone, gas, sewer and water;
- The damage or disruption, if any of public or private facilities, improvements, or landscaping previously existing in the Public Right-of-Way; and
- The public interest in minimizing the cost and disruption of construction from numerous excavations of the Public Right-of-Way.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
An Excavation Permit is not required from the Public Works Director for hand digging excavations for installation or repair of sprinkler systems, landscaping or street trees within the parkstrip and non-paved areas of the Public Right-of-Way. However, conformance to all City Standards and Specifications is required for such excavations, as well as applicable provisions of CZC 12 (Zoning) regarding sight distances and landscaping regulations, CMC 9.02.240 regarding water meter restrictions, and CMC 11.01.150 regarding street tree permits.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Application for an Excavation Permit shall be filed with the Public Works Director on a form or forms to be furnished by the City.
- Only the following persons or entities shall be eligible to apply for or receive an Excavation Permit to do work within the Public Rights-of-Way of the City:
- Contractors licensed by the State of Utah as E100 or applicable license authorized to work in public right-of-way; or
- Providers.
- All Applications shall include excavation plans and details, showing the trench detail including the length, width, and depth of the trench, the exact location and address of the trench, and the relationship of the trench to the right-of-way lines, traffic lanes, intersections, signals and structures.
- All Applications shall include a traffic control plan, including the speed limit, taper length, devices and spacing in the taper, signs and spacing, traffic phasing, hours of construction, traffic lane closures, and shall be in compliance with the Manual on Uniform Traffic Control Devices.
- All Applications shall include the requisite application fee, inspection deposit, bonds and insurance certificates as more particularly set forth in this Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- The Public Works Director may deny the issuance of permits to contractors, utility companies, or other permit Applicants who have shown by past performance that in the opinion of the Public Works Director, with the advice of the City Engineer, they will not consistently conform to the City Standards and Specifications or the requirements of this Chapter.
- To fully determine the relationship of the work proposed to existing or proposed facilities within the Public Rights-of-Way, and to determine whether the work proposed complies with the City Standards and Specifications, all Excavation Permit Applications shall include engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit determination of such relationship and compliance. When deemed appropriate in the discretion of the Public Works Director, such plans, specifications and sketches may be waived. Unless otherwise waived in writing by the Public Works Director, the application shall be deemed suspended until such plans and sketches are filed and approved by the City.
- It shall be unlawful for any person to commence work upon any Public Right-of-Way until the Public Works Director has approved the application and until an Excavation Permit has been issued for such work.
- The disapproval or denial of an application by the Public Works Director may be appealed by the Applicant to the City Manager by filing of a written notice of appeal within 10 days of the action of the Public Works Director. The City Manager shall hear such appeal, if written request therefor is timely filed, and render his or her decision within a reasonable time following notice of such appeal. Any final decision of the City Manager issued hereunder may be appealed to the City Council by filing a written notice of appeal within 10 days from the date of the final decision issued by the City Manager. The City Council shall hear such appeal, if written request therefor is timely filed, and render its decision within a reasonable time following notice of such appeal.
- In approving or disapproving work within any Public Right-of-Way, or permits therefor, in the inspection of such work, in reviewing plans, sketches or specifications, and generally in the exercise of the authority conferred by this Chapter, the Public Works Director shall act in such manner as to preserve and protect the Public Right-of-Way and the use thereof, but shall have no authority to govern the actions or inaction of Permittees and Applicants or other persons which have no relationship to the use, preservation or protection of the Public Right-of-Way.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person, governmental entity or Provider desiring to construct, maintain, repair, operate or use any improvements or facilities to be located within the Public Right-of-Way shall be required to obtain a franchise or other acceptable rights-of-way use agreement or license agreement with the City authorizing the use of the Public Right-of-Way for such improvements or facilities in accordance with the provisions of CMC 11.01.055, in addition and prior to the issuance of any Excavation Permit for work within the Public Right-of-Way.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Any person maintaining pipes, lines, or facilities in the Public Right-of-Way may proceed with work upon existing facilities without an Excavation Permit when emergency circumstances demand the work to be done immediately; provided an Excavation Permit could not reasonably and practicably have been obtained beforehand.
- In the event that emergency work is commenced on or within any Public Right-of-Way of the City during regular business hours, the Public Works Director shall be notified within one half hour from the time the work is commenced. The person commencing and conducting such work shall take all necessary safety precautions for the protection of the public and the direction and control of traffic, and shall insure that work is accomplished according to City Standards and Specifications, the Manual on Uniform Traffic Control Devices, and other applicable laws, regulations, or generally recognized practices in the industry.
- Any person commencing emergency work in the Public Right-of-Way during other than business hours without an Excavation Permit shall immediately thereafter apply for a permit or give notice during the first hour of the first regular business day on which City offices are open for business after such work is commenced. An Excavation Permit for such emergency work may be issued retroactive to the date when the work was begun, at the discretion of the Public Works Director.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- The Applicant shall pay prior to the issuance of the Excavation Permit, fees for costs associated with the work performed under the Excavation Permit as outlined in the City Fee Schedule. All costs shall be assessed in a non discriminatory manner.
- The Public Works Director may waive permit fees or portions thereof provided for in this Chapter, when he or she determines that such permit fee:
- Pertains to construction or rehabilitation of housing for persons whose income is below the median income level for the City;
- Pertains to an encroachment on the Public Right-of-Way involving a beautification project which furthers specific goals and objectives set forth in the City's strategic plan, master plans, or other official documents, including decorative street lighting, building facade lighting, flower and planter boxes, and landscaping; or
- Pertains to construction or encroachment by a governmental entity.
- Additional charges to cover the reasonable cost and expenses of any required engineering review, professional services, inspection, and work site restoration associated with each undertaking may be charged by the City to each Permittee, in addition to the permit fee. A deposit for such charges may be required as a condition of permit approval.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Each Excavation Permit application shall state the starting date and estimated completion date. Work shall be completed within five days from the starting date or as determined by the Public Works Director. Such determination shall be based upon factors reasonably related to the work to be performed under the permit. Such factors may include, in addition to other factors related to the work to be performed, the following:
- The scope of work to be performed under the permit;
- Maintaining the safe and effective flow of pedestrian and vehicular traffic on the Public Right-of-Way affected by the work;
- Protecting the existing improvements to the Public Right-of-Way impacted by the work;
- The season of the year during which the work is to be performed as well as the current weather and its impact on public safety and the use of the Public Right-of-Way by the public; and
- Use of the Public Right-of-Way for extraordinary events anticipated by the City.
- The Public Works Director shall be notified by the Permittee of commencement of the work at least 24 hours prior to commencing work. The Excavation Permit shall be valid for the time period specified in the permit.
- If the work is not completed during such period, prior to the expiration of the permit, the Permittee may apply to the Public Works Director for an additional permit or an extension, which may be granted by the Public Works Director for good cause shown.
- The length of the extension requested by the Permittee shall be subject to the written approval of the Public Works Director.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Excavation permits shall not be transferable or assignable, and work shall not be performed under a permit in any place other than that specified in the permit. Nothing herein contained shall prevent a Permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance and other requirements of this Chapter and under said permit.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- The work performed in the Public Right-of-Way shall conform to the requirements of the City Standards and Specifications and Traffic Control Regulations of the City, copies of which shall be available from the Public Works Director, kept on file in the office of the City Recorder and open to public inspection during office hours. All work performed within the Public Right-of-Way shall also comply with applicable City Ordinances, including, but not limited to, parkstrip regulations set forth in this Title and in CZC 12 (Zoning), and water meter regulations set forth in CMC 9.02.240.
- Where a job site is left unattended, before completion of the work, signage with minimum two inch high letters shall be attached to a barricade or otherwise posted at the site, indicating the Permittee's name, or company name, telephone number, and after hours telephone number.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All excavations shall be conducted in a manner resulting in a minimum amount of interference or interruption of street or pedestrian traffic. Inconvenience to residents and businesses fronting on the Public Right-of-Way shall be minimized.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Suitable, adequate and sufficient barricades and/or other structures will be available and used where necessary to prevent accidents involving property or persons. Barricades must be in place until all of the Permittee's equipment is removed from the site and the excavation has been backfilled and proper temporary gravel surface is in place, except where backfilling and resurfacing is to be done by the City; in which case the barricades, together with any necessary lights, flares or flashers, must remain in place until the backfill work is actually commenced by the City. From sunset to sunrise, all barricades and excavations must be clearly outlined by adequate signal lights, flashers, etc., as required by the Public Works Director.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any excavation requiring a road closure shall be required to fill out and have approved a road closure permit form. All road closures shall be approved by the Public Works Director, with the consent of the Police Chief. All road closure permit applications shall include traffic control and barricade plans. The Police Department and Fire Department shall be notified at least 24 hours in advance of any street closure or traffic detour.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- All excavations shall be bored and pot holed rather than open cut unless prior approval for open cutting is obtained at the time of issuance of the Excavation Permit. The City may permit open cutting upon the approval of the Public Works Director after receipt of a recommendation from the City Engineer in the following instances:
- when grade or alignment conflict with another utility or utilities;
- for safety and health concerns; or
- in cases where utilities need to be placed on a specific grade, e.g. sanitary sewer, storm drain lines, etc.
- If the excavation is through asphaltic concrete, concrete, or stone, the excavator shall make the cut perpendicular at the side and ends from the surface to the full depth along the length and width of all excavations. In all cases, such precautions shall be taken as to ensure a neat, clean excavation cut.
- If excavating is done by machine, the Permittee shall do such excavating with either a trenching machine or equipment which does not have cleats, spikes or other protruding parts which will come in contact with the street surface when such machine is in motion, and which does not have a cutting width in excess of 40 inches.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any Excavation Permit involving cuts into the hard surfacing of the Right-of-Way shall require an inspection of the road base, compaction, edges, saw cutting, and oil tacking, of affected areas prior to replacing the hard surfacing. A request for inspection shall be scheduled with the Public Works Department at least 24 hours in advance of hard surfacing within the Right-of-Way or closing of any compacted area. Every Excavation Permit involving cuts into the hard surfacing of the Right-of-Way shall require an inspection deposit in the amount set forth in the City Fee Schedule. Failure to comply with the inspection requirements set forth herein shall be deemed a violation of this Chapter punishable by penalty set forth in CMC 11.04.220. In addition to the remedies set forth in CMC 11.04.220, the City may retain the inspection deposit amount in full and may require the Permittee to tear out any hard surfacing installed without prior inspection required herein.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Holders of permits for work on highways owned or under the jurisdiction of other government entities, but located within the City limits, shall not be required to obtain an Excavation Permit from the City under the provisions of this Chapter, unless the work extends beyond the back side of the curb, or beyond any other designated jurisdictional boundary, or is otherwise located within the Public Right-of-Way of the City. Any City permit shall not be construed to permit or allow work on a County road or on a State highway within the City without an applicable County or State permit.
- The Public Works Director, in his or her discretion, shall have the right and authority to regulate work under permits issued by other governmental entities with respect to hours and days of work, and measures required to be taken by the Permittee of said governmental entity for the protection of traffic and safety of persons and property. Notwithstanding the foregoing, nothing in this Chapter shall be construed to impose any duty, implied or express, on the City or its employees, officers, agents or assigns, relative to the protection of traffic and safety of persons or property, arising out of the issuance of any permit issued by government entities other than the City, or arising out of any work performed on any Public Right-of-Way owned or within the jurisdiction of the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- The City Engineer or Public Works Director may direct any person owning or maintaining facilities or structures in the Public Right-of-Way to alter, modify or relocate such facilities or structures as the City Engineer or Public Works Director may require as set forth herein. Such facilities or structures may include, but shall not be limited to, sewers, pipes, drains, tunnels, conduits, vaults, trash receptacles and overhead and underground gas, electric, utility, cable, telephone, telecommunication and communication facilities, pressure irrigation lines, and power and telephone poles. The person owning or maintaining the facilities or structures shall, at their own cost and expense and upon reasonable written notice by the City, promptly protect, or promptly alter or relocate such facilities or structures, or part thereof, as directed by the City. In the event that such person refuses or neglects to conform to the directive of the City, the City shall have the right to break through, remove, alter or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the City all costs incurred by the City in connection with such work performed by the City, including but not limited to design, engineering, construction, materials, insurance, court costs and attorneys fees.
- Any directive by the City Engineer or Public Works Director shall be based upon one or more of the following:
- The facility or structure was installed, erected or is being maintained contrary to law, or determined by the City Engineer or Public Works Director to be structurally unsound or defective;
- The facility or structure constitutes a nuisance as defined under State statute or City ordinance;
- The authority under which the facility or structure was installed has expired or has been revoked;
- The Public Right-of-Way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction;
- The grades or lines of the Public Right-of-Way are to be altered or changed; or
- Public convenience and necessity.
- Any directive of the City Engineer or Public Works Director under this Section shall be under and consistent with the City's police power. Unless an emergency condition exists, the City Engineer or Public Works Director shall make a good faith effort to consult with the person regarding any condition that may result in a removal or relocation of facilities in the Public Right-of-Way to consider possible avoidance or minimization of removal or relocation requirements and provide the directive as far enough in advance of the required removal or relocation to allow the person a reasonable opportunity to plan and minimize costs associated with the required removal or relocation.
- This obligation does not apply to facilities or structures originally located on private property pursuant to a private easement, which property was later incorporated into the Public Right-of-Way, if that prior private easement grants a superior vested right.
- Any person owning or maintaining facilities or structures in the Public Right-of-Way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the City Engineer or Public Works Director shall be guilty of a class B misdemeanor. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved.
- The City may, at any time, in case of fire, disaster or other emergency, as determined by the City in its reasonable discretion, cut or move any parts of the system and appurtenances on, over or under the Public Right-of-Way, in which event the City shall not be liable therefor to a person. The City shall notify a person in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this subsection.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided. Said temporary improvement shall be safe for travel and convenient for users, and consistent with City standards for such.
- Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface until such time as the permanent repairs are completed.
- At any time a Permittee disturbs the yard, residence or the real or personal property of a private property owner or the City, such Permittee shall insure that such property is returned, replaced and/or restored to a condition that is comparable to the condition that existed prior to the commencement of the work. The costs associated with the disturbance and the return, replacement and/or restoration shall be borne by the Permittee. Further, a Permittee shall reimburse a property owner or the City, for any actual damage caused by the Permittee, its subcontractor, or its independent contractor, in connection with the disturbance of such property. However, nothing in this Subsection shall require the Permittee to pay a subscriber or private property owner when that subscriber or private property owner requests that the Permittee remove, replace or relocate improvements associated with the service provided by the Permittee to the property owner and when the Permittee exercises due care in the performance of that service, or when the subscriber or private property owner provided false information to the Permittee on which the Permittee relied to its detriment.
- Existing drainage channels, such as gutters or ditches, shall be kept free of dirt or other debris so that natural flow will not be interrupted. When it is necessary to block or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must be submitted for approval by the Public Works Director prior to the blockage of the channel. Permittee shall comply with all other storm water drainage requirements and restrictions, including, but not limited to, applicable provisions of the Storm Water Ordinance as set forth in CMC 16 (Storm Water).
- The requirements imposed upon the Permittee extend to any subcontractor or independent contractor that the Permittee might employ to perform the tasks pursuant to the permit.
- The requirements of this Section shall not apply to the removal by a Permittee, of a permanent structure placed by a property owner in a Pubic Right-of-Way, unless such property owner has received prior written permission from the City granting the property owner the right to install a permanent structure within the Public Right-of-Way, and such written permission has been recorded in the office of the County Recorder.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- The Permittee shall, at its own expense, restore the surface of any Public Right-of-Way to its original condition and replace any removed or damaged pavement, landscaping and improvements. All damaged pavement shall be replaced with the same type and depth of pavement as that which is adjoining, including the gravel base material. In any event, all restoration shall conform to the City Standards and Specifications promulgated by the City and shall be accomplished within the time limits set forth in the permit, unless additional time is granted in writing by the Public Works Director.
- The Permittee doing the actual excavation work may request that the City restore the surface to its original condition. Approval of such request shall be made by the Public Works Director as part of the Excavation Permit approval. The fee for such resurfacing shall be determined by the Public Works Director in accordance with its reasonable costs for such work and shall be charged to the person, firm, or corporation making the excavation. Payment for the estimated cost of said work shall be received by the City prior to issuance of the Excavation Permit. Actual cost of such work shall be paid to the City prior to the release of the bond.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Before a permit is issued, the Applicant shall furnish to the City evidence that such Applicant has a comprehensive general liability and property damage policy that includes contractual liability coverage endorsed with the following limits and provisions or with such alternative limits and provisions as may be approved by the City:
- A minimum of $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage and not less than $2,000,000 in the aggregate. The general aggregate limit shall apply separately to the permit, or the general aggregate limit shall be two times the required occurrence limit. The coverage shall be in the nature of Broad Form Commercial General Liability coverage. The City may increase the minimum insurance limits, depending on the potential liability of any project. In no event shall insurance coverage be in amounts less than those set forth herein or less than federal or state statutory limits and requirements, whichever is greater, including, but not limited to, governmental immunity cap limits for municipal corporations, as set forth in Utah Code §§ 63G-7-101, et seq. The Permittee shall increase the limits of such insurance to at least the amount of the Limitation of Judgments described in Utah Code §§ 63G-7-101, et seq., of the Utah Governmental Immunity Act, as calculated by the State risk manager every two years and stated in Utah Administrative Code R37-4-3.
- All policies shall include the City, its employees, officers, officials, agents, volunteers and assigns, as insureds. Any reference to the "City" shall include the City, its employees, officers, officials, agents, volunteers and assigns.
- The coverage shall be primary insurance as respects the City, its employees, officers, officials, agents, volunteers, and assigns. Any insurance or self insurance maintained by the City, its employees, officers, officials, agents, volunteers, and assigns shall be in excess of the Permittee's insurance and shall not contribute to or with it.
- Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its employees, officers, officials, agents, volunteers, and assigns.
- Coverage shall state that the Permittee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
- Underwriters shall have no right of recovery or subrogation against the City, it being the intent of the parties that the insurance policy so affected shall protect both parties and be primary coverage for any and all losses covered by the described insurance.
- The insurance companies issuing the policy or policies shall have no recourse against the City for payment of any premiums due or for any assessments under any form of any policy.
- Each insurance policy shall be endorsed to state that the coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits, except after 30 days prior written notice by certified mail, return receipt requested sent to the City.
- Each policy shall be endorsed to indemnify, save harmless and defend the City and its officers and employees against any claim or loss, damage or expense sustained on account of damages to persons or property occurring by reason of permit work done by the Permittee, or his/her subcontractor or agent, whether or not the work has been completed and whether or not the right of way has been opened to public travel.
- Each policy shall be endorsed to indemnify, hold harmless and defend the City, and its officers and employees against any claim or loss, damage or expense sustained by any person occurring by reason of doing any work pursuant to the permit including, but not limited to falling objects or failure to maintain proper barricades and/or lights as required from the time work begins until the work is completed and right of way is opened for public use.
- Insurance coverage required herein shall be with a company licensed or authorized to do business in Utah. The insurance coverage shall be with a company or companies that maintain an A.M. Best’s, or comparable rating agency, rating of A-XI or higher.
- The Permittee shall furnish the City with certificates of insurance and original endorsements affecting coverage required by the permit. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City expressly reserves the right to require complete, certified copies of all required insurance policies at any time. Consequently, the Permittee shall be prepared to provide such copies prior to the issuance of the permit.
- If any of the required policies are, or at any time become, unsatisfactory to the City as to form or substance, or if a company issuing any such policy is, or at any time becomes, unsatisfactory to the City, the Permittee shall promptly obtain a new policy, submit the same to the City for approval, and thereafter submit verification of coverage as required by the City. Upon failure to furnish, deliver and maintain such insurance as provided herein, the City may declare the permit to be in default and pursue any and all remedies the City may have at law or in equity, including those actions outlined in this Chapter.
- The Permittee shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
- Any deductibles or self insured retentions shall be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its employees, officers, officials, agents, volunteers or assigns, or the Permittee shall procure a bond, in a form acceptable to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
- A Provider may be relieved of the obligation of submitting certificates of insurance if such company shall submit satisfactory evidence in advance that:
- It is insured in the amounts set forth in this Chapter, or has complied with State requirements to become self insured. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit; and
- Said coverage provides to the City the same scope of coverage that would otherwise be provided by a separate policy as required by this Chapter; or
- The work to be performed under the permit issued to the Applicant is to be performed by the City, in which case insurance requirement or other risk transfer issues shall be negotiated between the City and the Applicant by separate agreement.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Except as noted in this Chapter, each Applicant, before being issued an Excavation Permit, shall provide the City with an acceptable corporate surety or cash bond in an amount determined by the Public Works Director, with the advice of the City Engineer, to guarantee faithful performance of the work authorized by a permit granted pursuant to this Chapter. The amount of the bond required may be increased or decreased at the discretion of the Public Works Director whenever it appears that the amount and cost of the work to be performed, and not satisfactorily completed, may vary from the amount of bond otherwise required under this Chapter. The form of the bond and the entity issuing the bond shall be subject to the approval of the City.
- Public utilities franchised or authorized by separate agreement with the City shall not be required to file a bond if such requirement is expressly waived in the franchise documents or other acceptable right-of-way use agreement or license, or if such bond has been provided with the franchise grant or other acceptable right-of-way use agreement or license.
- The bond required by this Section shall be conditioned as follows:
- That the Permittee shall fully comply with the requirements of the City ordinances and regulations, the Manual on Uniform Traffic Control Devices, and the City Standards and Specifications promulgated by the City, relative to work in the Public Right-of-Way, and respond to the City in damages for failure to conform therewith;
- That after work is commenced, the Permittee shall proceed with diligence and expedition and shall promptly complete such work and restore the Public Right-of-Way to construction specifications, so as not to obstruct the Public Right-of-Way or travel thereon more than is reasonably necessary;
- That the Permittee shall guarantee the materials and workmanship for a period of two years from completion of such work, with reasonable wear and tear excepted, unless a lesser warranty period is required by law regarding subdivision approval or development activity; and
- That unless authorized by the Public Works Director on the permit, all paving, resurfacing or replacement of street facilities on major or collector streets shall be done in conformance with the regulations contained herein within three calendar days from the time the excavation commences, and within seven calendar days from the time the excavation commences on all other streets, except as provided for during excavation in winter or during weather conditions which do not allow paving according to the Standards and Specifications. In winter, a temporary patch must be provided. In all excavations, restoration of pavement surfaces shall be made immediately after backfilling is completed or concrete is cured. If work is expected to exceed the above duration, the Permittee shall submit a detailed construction schedule for approval. The schedule will address means and methods to minimize traffic disruption and complete the construction as soon as reasonably possible.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- The Permittee agrees to save the City, its officers, employees, volunteers, and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit, including any work done by Permittee’s contractors, subcontractors, agents, licensees, etc. The issuance and acceptance of any permit under this Chapter shall constitute such an agreement by the Permittee to this Section.
- This Chapter shall neither be construed as imposing upon the City, its officers, employees, volunteers, and agents, any liability or responsibility for damages to any person injured by or by reason of the performance of any work within the Public Right-of-Way, or under a permit issued pursuant to this Chapter; nor shall the City, its officers, officials, employees, agents, volunteers or assigns thereof be deemed to have assumed any such liability or responsibility by reason of inspection authorized hereunder, the issuance of any permit, or the approval of any work.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- A stop order may be issued by the Public Works Director or the City Engineer directed to any person or persons doing or causing any work to be done in the Public Right-of-Way without a permit.
- Any person found to be doing work in the Public Right-of-Way without having obtained a permit, as provided in this Chapter, shall be required to pay a permit fee equal to two times the normal permit fee.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Any permit may be revoked or suspended and a stop order issued by the Public Works Director or the City Engineer, after notice to the Permittee for any of the following reasons:
- Violation of any condition of the permit, the bond, or of any provision of this Chapter;
- Violation of any provision of any other ordinance of the City or law relating to the work; or
- Existence of any condition or the doing of any act which does constitute, may constitute or cause a condition endangering life or property.
- A suspension or revocation of a permit and a stop order, shall take effect immediately upon entry thereof by the Public Works Director or the City Engineer and notice to the person performing the work in the Public Right-of-Way. Notice to the person performing the work shall be accomplished when the Public Works Director or the City Engineer has posted a stop work order at the location of the work and written notice has been hand-delivered, or mailed return receipt requested, to the address indicated by the Permittee on the permit.
- Whenever the Public Works Director finds that a default has occurred in the performance of any term or condition of the permit, written notice thereof may be given to the principal and to the surety on the bond, if there is a surety or cash bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Public Works Director to be reasonably necessary for the completion of the work.
- In the event that the surety or principal, within a reasonable time following the giving of such notice (taking into consideration the exigencies of the situation, the nature of the work, the requirements of public safety and for the protection of persons and property), fails either to commence and cause the required work to be performed with due diligence, or to indemnify the City for the cost of doing the work, as set forth in the notice, the City may perform the work, at the discretion of the Public Works Director, with City forces or contract forces or both, and suit may be commenced by the City Attorney against the contractor and bonding company and such other persons as may be liable, to recover the entire amount due to the City, including attorney fees, on account thereof. In the event that cash has been deposited, the cost of performing the work may be charged against the amount deposited, and suit brought for the balance due, if any.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
For failure to conform to the design standards and regulations, the Public Works Director or the City Engineer may:
- Suspend or revoke the permit;
- Issue a stop order;
- Order removal and replacement of faulty work;
- Require an extended warranty period; and/or
- Negotiate a cash settlement to be applied toward future maintenance costs.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any suspension, revocation or stop order by the Public Works Director or the City Engineer may be appealed by the Permittee by filing a written notice of appeal with the City Manager within 10 days of the action of the Public Works Director or the City Engineer. The City Manager shall hear such appeal, if written request therefor is timely filed, as soon as practicable, and render its decision within a reasonable time following filing of notice of appeal.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to maliciously or wantonly or without authorization and legal cause, extinguish, remove or diminish any light illuminating any barricade or excavation, or to tear down remove or in any manner alter any rail, fence or barricade protecting any excavation or other construction site.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Should there be a conflict between the provisions of this Chapter and the provisions of any other ordinance, agreement, franchise, or other document governing the excavation of a Public Right-of-Way, the more restrictive provisions of the aforesaid documents shall apply.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Unless otherwise specified in this Chapter, a violation of any provision of this Chapter, or failure to comply with an order of suspension, revocation or stop work, shall be a Class B misdemeanor, subject to fines and penalties provided by law, or enforced through the civil enforcement procedures set forth in CMC 1.06 (Civil Penalties). Each day the violation exists or continues shall be a separate offense. No criminal conviction shall excuse the person from otherwise complying with the provisions of this Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
CZC 12 (Zoning) constituting the Centerville City Zoning Code is set forth in a separate online code book and can be found at centerville.municipalcodeonline.com or by clicking here: CZC (Zoning).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
13.01 General Provisions13.02 Adoption Of State Codes13.03 Local Criminal Offenses13.01.010 Title13.01.020 Police Department13.01.030 Omission Not A Waiver13.01.040 Rules Of Construction13.04.050 Penalties13.04.060 Fine/Bail ScheduleThis Title shall be known and may be cited as the “Centerville City Criminal Code.”
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City has previously created the Centerville City Police Department, as more particularly provided in CMC 3.02 (Departments and Divisions), responsible for enforcing the traffic and criminal ordinances of the City and protecting the lives and property within the City. The City has also created the position of Chief of Police, as more particularly provided in CMC 3.02.120, and established the duties and responsibilities of such position as more particularly set forth in CMC 3.01.130. The Chief of Police and Police Department, as created and appointed in accordance with the provisions of CMC 3 (Administration), are authorized and designated to administer and enforce the terms of this Title in accordance with the provisions set forth herein.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The omission to specify or enumerate in this Title those provisions of general criminal law and offenses applicable to all cities shall not be construed as a waiver of the benefits and enforcement of any such provisions.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The provisions of this Title and the codes and statutes adopted herein shall be construed in a manner to ensure enforcement consistent and in accordance with the criminal laws of the State of Utah.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Except as otherwise provided by State law or City Ordinances, any violation of this Title shall be a Class B misdemeanor
, subject to the fines and penalties provided by law, including, but not limited to, Section 76-3-204 regarding terms of imprisonment and Section 76-3-301 regarding fines. This Section shall not limit the authority of the applicable court to impose any other sanction or order any other relief as may be appropriate and lawful under the laws of the State of Utah.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Fines and bail for violations of this Title may be assessed in accordance with the Uniform Fine/Bail Schedule as adopted and amended by the Judicial Council of the State of Utah and the Centerville City Fine/Bail Schedule for Local Ordinances as adopted and amended by the Centerville City Council. This Section does not limit the applicable court from, in its discretion, imposing no fine, or a fine in any amount up to and including the maximum fine, for the offense.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
13.02.010 Adoption Of State Codes13.02.020 City Ordinance Violations13.02.030 Enforcement13.02.040 Utah Criminal Code13.02.050 Utah Code Of Criminal Procedure13.02.060 Utah Controlled Substances Act13.02.070 Utah Drug Paraphernalia Act13.02.080 Imitation Controlled Substances Act13.02.090 Criminal Offenses Of The Utah Alcoholic Beverage Control Act13.02.100 Offenses On School Property13.02.110 Utah Fireworks ActEach of the State codes and statutes adopted herein are adopted as if fully set forth at length, provided however, that any provision which is classified as a felony or a Class A misdemeanor or which is not enforceable by Centerville City under the laws of the State of Utah, is excluded.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All Class B and C misdemeanors and infractions set forth in the State codes and statutes adopted herein, as they exist now and as amended or enacted in the future, are adopted and incorporated herein by this reference as violations of City Ordinances.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Peace officers and any public officials charged with enforcement of the law are authorized to cite violations of the City Ordinances as provided herein and under the terms and conditions of this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Utah Criminal Code set forth at Utah Code §§ 76-1-101, et seq., is adopted as the Criminal Code of Centerville City. The Utah Criminal Code shall govern the construction of, the punishment for, and defenses against any offense committed within the jurisdiction of the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Utah Code of Criminal Procedure as set forth at Utah Code §§ 77-1-1, et seq., is adopted as the Code of Criminal Procedure of Centerville City. The procedures in criminal cases shall be as prescribed in the Utah Criminal Code, as adopted herein, including the Rules of Criminal Procedures, and such further rules as may be adopted by the Supreme Court of Utah.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Utah Controlled Substances Act as set forth in Utah Code §§ 58-37-1, et seq., is adopted as the Controlled Substances Act of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Utah Drug Paraphernalia Act as set forth in Utah Code §§ 58-37a-1, et seq., is adopted as the Drug Paraphernalia Act of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Utah Imitation Controlled Substances Act as set forth in Utah Code §§ 58-37b-1, et seq., is adopted as the Imitation Controlled Substances Act of Centerville City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The criminal offenses provisions of the Utah Alcoholic Beverage Control Act, as set forth at Utah Code §§ 32B-1-101, et seq., are adopted as part of the Centerville Criminal Code, including applicable criminal procedures for such offenses as set forth in Utah Code §§ 32B-4-101, et seq.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Offenses on school property, as set forth at Utah Code §§ 53A-3-501 through 53A-3-504, are adopted as part of Centerville Criminal Code.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City, together with Davis County and the State Fire Marshal Division, shall enforce the Utah Fireworks Act, as set forth in Utah Code §§ 53-7-220 through 53-7-335, and the Utah County and Municipal Fireworks Act, as set forth in Utah Code §§ 11-3-1, et seq., which provisions are hereby adopted as part of the Centerville Criminal Code. Fireworks are also regulated in accordance with the provisions of CMC 7.07 (Fireworks).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
13.03.010 Curfew13.03.020 Aiding Minor To Violate Curfew13.03.030 Throwing Objects13.03.040 Lewd Or Obscene Behavior13.03.050 Lewd Or Obscene Material13.03.060 Discharge Of Firearms13.03.062 Discharge Of Projectiles13.03.070 Public Property13.03.080 Reserved13.03.090 Hunting13.03.100 Campfires And Burning13.03.110 Targeted Residential Picketing- Except as otherwise provided herein, it is unlawful for any person under the age of 18 years to be in any public place or on any public street, sidewalk or alley within Centerville City between the hours of 12:00 midnight and 5:00 a.m.
- The foregoing prohibition shall not apply to situations:
- Where the minor is accompanied by a parent, legal guardian or other person having the legal care and custody of said minor;
- Where the presence of the minor is connected with or required by some legitimate employment or business of the minor;
- Where the presence of the minor is connected with a bona fide meeting, dance, party, sporting event or practice sponsored by a church, school, league, youth club or theater; or
- Where the presence of the minor is connected with an emergency.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Aiding. It is unlawful for any person to assist, aid, abet or encourage any minor to violate the provisions of CMC 13.03.010.
- Parent or Guardian. It is unlawful for any parent, guardian, or other person having legal care of any minor, to allow or permit such minor to be in any public place or public street, sidewalk, or alley within Centerville City between the hours of 12:00 midnight and 5:00 a.m. in violation of CMC 13.03.010.
- Owner or Operator of Business. It is unlawful for any person owning or operating a business to permit any minor to be or remain on the premises where such business is conducted between the hours of 12:00 midnight and 5:00 a.m. in violation of CMC 13.03.010.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to willfully or intentionally throw any stone, stick, snowball, or other missile into the public right-of-way with the intent to injure or damage any person or property or to frighten or annoy any person or traveler within the public right-of-way or which makes travel upon or within the public right-of-way dangerous.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It is unlawful for any person to engage in any lewd, lascivious or obscene conduct, to associate in a lewd, lascivious or obscene manner with any person, or to make any exposure of his or her genitals, pubic area, nipple portion of the female breast, or buttocks in any public place or any place exposed to public view.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It is unlawful for a person to knowingly permit or authorize the public display of any obscene performance or materials or to knowingly own, lease, or manage any theater, building, structure, room or place for the purpose of presenting such obscene performance or materials.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Purpose. The purpose of this Section is to regulate the discharge of firearms within the City to provide for the health, safety and welfare of the public pursuant to and in accordance with applicable provisions of State law regarding a municipality’s right to regulate the discharge of firearms. Nothing herein is intended to restrict an individual’s lawful right to possess a firearm in accordance with applicable constitutional and statutory provisions of Utah law, including, but not limited to Article I, Sec. 6 of the Utah Constitution regarding the lawful right to bear arms and the Utah Firearms Laws as set forth in Utah Code §§ 53-5a-101, et seq., regarding the possession and discharge of firearms.
- Definition. For purposes of this Section, “firearm” means a pistol, revolver, handgun, rifle, shotgun, sawed-off shotgun, or any device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.
- Prohibition. Except as otherwise expressly provided in Subsection (d), it is unlawful for any person to discharge a firearm within the jurisdictional limits of Centerville City.
- Exceptions. The prohibitions of this Section regarding the discharge of firearms within the City limits shall not apply to the discharge of firearms under the following circumstances:
- When acting in lawful self-defense or the defense of another;
- By any law enforcement officer acting in the lawful exercise of his or her duties;
- At a lawfully approved gun or target range facility;
- When hunting in lawfully designated areas of the City;
- By authorized and approved participants for deer removal activities lawfully pursued in accordance with the City’s Urban Deer Control Program; or
- The discharge of unloaded firearms using a powder charge only at a funeral or other memorial ceremony as part of the ceremony at locations and times approved by the City Police Chief.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Private Property. Except as otherwise expressly provided in Subsection (c), it shall be unlawful to discharge or shoot a bow and arrow, crossbow, air gun, bb gun, pellet gun, and any type of instrument, designed to propel or throw missiles capable of doing substantial bodily injury as defined by Utah Code § 76-1-601, on private property (including developed target or archery ranges) in such a manner as to endanger persons or property or to cause the projectile or missile to cross into property owned by another when the person shooting the projectile or missile does not have permission to use such property for the purpose of discharging the device.
- Public Property. Except as otherwise expressly provided in Subsection (c), it shall be unlawful to discharge or shoot a bow and arrow, crossbow, air gun, bb gun, pellet gun, and any type of instrument, designed to propel or throw missiles capable of doing substantial bodily injury as defined by Utah Code § 76-1-601, on public property.
- Exceptions. The prohibitions of this Section regarding the discharge of missiles or projectiles within the City limits shall not apply to the discharge of such weapons or contrivances under the following circumstances:
- When acting in lawful self-defense or the defense of another;
- By any law enforcement officer acting in the lawful exercise of his or her duties;
- At a lawfully approved archery or target range approved by the Police Chief; or
- By authorized and approved participants for deer removal activities lawfully pursued in accordance with the City's Urban Deer Control Program.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-13 on 7/2/2019
For the purpose of this Section, “public property” means any publicly owned property except the traveled portion of public streets, and includes any park, sidewalk, curb or any part of any public right-of-way devoted to any planting or park-like use. On any public property, it is unlawful for any person to:
- Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, railing, bench, paving, paving material, waterline or any facilities or property and equipment of any public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, wall or rock border, or other structures or equipment, facilities or public property or appurtenances whatever, either real or personal.
- Soil or litter public restrooms and washrooms.
- Dig and remove any sand, soil, rock, stones, trees, shrubs, or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency, unless permission is obtained.
- Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, any tent, fly or windbreak, or run or string any rope, cord or wire into, upon or across any public property, except with special permit.
- Urinate or defecate, except in the public restroom in receptacles placed there for such purpose.
- Damage, cut, carve, burn, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. No person shall attach any rope, wire or other contrivance to any tree or plant. No person shall dig in or otherwise disturb, or in any other way injure or impair the natural beauty or usefulness of any park area. This subsection shall not apply to any person authorized to perform the act proscribed.
- Climb any tree or walk, stand or sit on monuments, fountains, railings, fences, planted areas or upon any other property not designed or customarily used for such purposes or to intentionally stand, sit or lie in or upon any street, sidewalk stairway or crosswalk so as prevent free passage of persons or vehicles passing over, along or across any street, sidewalk stairway or crosswalk.
- Drop, throw, place, discard, dump, leave or otherwise deposit any bottles, broken glass, garbage, ashes, paper boxes, cans, dirt, rubbish, waste, refuse or other trash on any public property except in waste containers provided therefore. No such refuse or trash shall be placed in any waters contiguous to any park or planted area or left anywhere on the grounds thereof.
- Expose or offer for sale any article or thing or station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, without first obtaining a license, except that the City Council may exempt designated areas from this subsection by resolution on such terms and conditions as it may prescribe.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Hunting is prohibited within the City limits of Centerville City in those areas of the City located between Sheep Road and the Fire Break Road. For purposes of this Section, “hunting” means to hunt or pursue wildlife, in accordance with and as defined in the Utah Wildlife Resources Code as set forth in Utah Code § 23-13-2. Nothing under this Section shall be construed to prevent the Division of Wildlife Resources from controlling, maintaining or otherwise managing wildlife within the City, or to prevent any authorized person from trapping, controlling, or maintaining wildlife or nuisance animals by or under the direction or control of the Davis County Animal Services. A violation of this Section is a class B misdemeanor.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Definitions. For purposes of this Section, “fire” shall mean any burning materials or coals or any smoldering materials or coals, with or without visible flame, including campfires, burning materials, coals, or flames, and smoldering materials, coals, or flames used for cooking, warming, aesthetics, lighting, ceremonies, or otherwise.
- Unlawful Fire. The following are unlawful activities within the City:
- Fire, including building, maintaining, attending, or using fire, is unlawful and prohibited within the City from April 1st through October 31st of each year. This applies to any fire which is on or within one-half mile of any road or motorized trail or when fire is within one-half mile of any residential structure, unless otherwise permitted by this Section or other governing law; and
- It is unlawful for any person in the City to willfully or negligently set on fire, cause to be set on fire, or procure to be set on fire, any tree, shrub, grass, brush, undergrowth, cultivated crops, or other property on any land, public or private, not his or her own, without permission from the property owner.
- Permissible Fire. Fire, including building, maintaining, attending, or using fire, is lawful and permitted within the City as follows:
- In fireplaces within residential structures;
- By fire departments in the performance of their official duties or training;
- For agriculture and horticultural operations to burn ditch banks, pruning debris, stubble, and dead or diseased trees, bushes, and plants;
- For controlled heating of orchards or other crops;
- By the forest service, law enforcement, or search and rescue units in the performance of official duties;
- By persons using portable gas stoves, lanterns, or tent heaters, which use natural gas, jellied petroleum, or pressurized liquid fuel outdoors, within a building, within an enclosed recreational vehicle, or within a tent, unless otherwise posted as closed to such use(s);
- At permanent facilities constructed for the use of fires within developed campgrounds, picnic areas, or administrative sites designated by Davis County or the Forest Service;
- For recreational fires on private lands, pursuant to Subsection (e);
- For recreational fires on public lands between November 1st and March 31st of each year, pursuant to Subsection (f).
- Fire Requirements. All fires in the City:
- Shall be attended by a responsible person at all times; and
- Shall be conducted in accordance with applicable clean air rules and State and local laws.
- Recreational Fires – Private Lands. Recreational fires on private property within the City are generally permitted; however, such recreational fires:
- Shall not be conducted within 25 feet of a structure or combustible material unless in an established fire pit;
- Shall be no larger than 3 feet in diameter and 2 feet high;
- Shall have extinguishing capabilities readily at hand;
- Shall not be used to burn rubbish, garbage, waste, pallets, furniture, debris, or anything with metal;
- Shall be constantly attended to by a responsible person knowledgeable in the use of the fire extinguishing equipment at hand; and
- May be required to be extinguished if deemed to constitute a hazardous situation.
- Recreational Fires – Public Lands. Recreational fires on public lands within the City are generally permitted between November 1st and March 31st of each year; however, such recreational fires:
- Shall be conducted under conditions that do not allow for the fire to escape a confined area and ignite other materials;
- Shall be conducted at permanent facilities constructed for the use of fires within developed campgrounds, picnic areas, or administrative sites designated by the City, Davis County or the Forest Service;
- Shall be no larger than 3 feet in diameter and 2 feet high;
- Shall have extinguishing capabilities readily at hand;
- Shall not be used to burn rubbish, garbage, waste, pallets, furniture, debris, or anything with metal;
- Shall be constantly attended to by a responsible person knowledgeable in the use of the fire extinguishing equipment at hand; and
- May be required to be extinguished if deemed to constitute a hazardous situation.
- Open Burning. Any open burning within the City is regulated by and shall comply with any permitting, regulations, and directives of the South Davis Metro Fire Service Area, Davis County Fire Marshal and the Utah Department of Environmental Quality, Air Quality Division, including, but not limited to provisions of Chapter 9.12 of the Davis County Ordinances regarding fire and burning permits.
- Liability. Authorization or permission to burn or build, maintain, attend, or use fire within the City shall in no way relieve an individual from personal liability due to neglect or failure to use reasonable precautions and exercise due care regarding burning or fire. Any negligently caused fire shall be subject to cost recovery provisions of CMC 7.06 (Emergency Cost Recovery).
- Fire Bans. Any or all fires may be prohibited by the Fire Marshal in any specified areas of the City at any time of the year due to hazardous fire conditions.
HISTORY
Adopted by Ord. 2020-07 on 8/18/2020
- Findings. The provisions of this Section are based on the following findings:
- The protection of the home is of the highest importance;
- The public health and welfare and the good order of the community require that citizens enjoy in their homes and neighborhoods a feeling of well-being, tranquility, and privacy, and enjoy freedom from being a captive audience to unwanted speech in their homes;
- The practice of targeted residential picketing causes emotional disturbance and distress to residents and has the potential to incite breaches of the peace and disrupt the well-being and tranquility of the home;
- Full opportunity exists for individuals to exercise their rights of free speech without resorting to targeted residential picketing; and
- The provisions of this Section are enacted for the purpose of protecting the significant public interests stated above and not to suppress free speech rights of any particular viewpoint.
- Purpose. The purpose of this Section is to establish reasonable time, place, and manner restrictions that reconcile and protect the First Amendment rights of picketers to peacefully communicate and express their ideas with the right of persons to enjoy the right to tranquility, well-being and privacy in their residential dwellings in accordance with Utah Code § 76-9-109.
- Definitions. As used in this Section, the following terms shall have the meanings set forth below:
- "Picketing" means the stationing or posting of one or more individuals to apprise the public, vocally or by standing or marching with or without signs, banners, sound amplification devices, or other means, of an opinion or a message.
- "Residence" means any single-family, duplex, or multifamily dwelling unit where the targeted occupant resides and is not used as a targeted occupant's sole place of business or as a place of public meeting.
- "Targeted residential picketing" means picketing that is specifically directed or focused toward a particular residence or one or more occupants of a particular residence that takes place on that portion of a sidewalk or street in front of the residence, in front of an adjoining residence, or on either side of the targeted residence, or within 100' of the property line of the targeted residence.
- Prohibition. It is unlawful for any person, acting alone or in concert with others, to engage in targeted residential picketing in the City.
- Penalty for Violation. Any violation of this Section is a Class B misdemeanor.
HISTORY
Adopted by Ord. 2021-01 on 1/19/2021
Amended by Ord. 2021-11 on 4/20/2021
14.01 General Provisions14.02 Adoption Of State Codes14.03 Traffic-Control Devices14.04 Accidents14.05 Speed Restrictions14.06 Stopping, Standing And Parking14.07 Miscellaneous Rules14.08 Truck Routes14.01.010 Title14.01.020 Definitions14.01.030 Rules Of Construction14.01.040 Police Chief To Administer14.01.050 Applicability Generally14.01.060 Applicability To School Property14.01.070 Penalties14.01.080 Fine/Bail ScheduleThis Title shall be known and may be cited as the "Centerville City Traffic Code."
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The terms and definitions set forth in Utah Code §§ 41-1a-102 and 41-6a-102 are hereby adopted by reference to the extent such terms are used herein. Any reference to the term road, street, or highway shall have the same meaning as the term “highway” which shall mean the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The provisions of this Title and the Utah Code provisions adopted herein shall be construed in a manner to ensure enforcement consistent and in accordance with the traffic laws of the State of Utah. Pursuant to Utah Code § 41-6a-207, the City is prohibited from enacting or enforcing any rule or ordinance in conflict with the provisions of Title 41, Chapter 6a, but may adopt ordinances consistent with Title 41, Chapter 6a, and additional traffic ordinances not in conflict with such Chapter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Chief of Police is vested with the powers necessary to administer the provisions of this Title and all laws relating to the operation of vehicles on the highways within the jurisdiction of the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Pursuant to the authority vested in municipalities under Utah Code § 10-8-30, and to the extent permitted by law, this Title shall be applicable to all pedestrian and vehicular traffic and parking on any public roads, streets and highways within the jurisdiction of Centerville City; provided, the operator of an authorized emergency vehicle and persons operating equipment while actually engaged in work on the surface of a highway may exercise the privileges granted under Utah Code § 41-6a-212. The provisions of this Title shall be enforceable by any law enforcement officer having jurisdiction over such roads, streets and highways.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Pursuant to Utah Code § 53A-3-504, as amended, and to the extent requested by the responsible board of education, this Title is hereby made applicable to vehicular traffic and parking on all public school property within Centerville City. All law enforcement officers having jurisdiction within the City are hereby vested with the authority to interpret and enforce this Title to vehicular traffic and parking on all public school property within Centerville City. This Title shall be interpreted, construed and applied insofar as practicable to traffic and parking situations arising upon school property to the same extent as though such school property were a public street, road, or highway, and for the purposes of this Title, such school property is declared to be and shall be considered a public street, road, or highway.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Unless otherwise provided herein or in the State Codes adopted herein by reference, any violation of this Title shall be a Class C misdemeanor. Pursuant to Utah Code § 41-6a-202, unless otherwise provided, a violation of the provisions of Parts 2 (Obedience to Traffic Laws), 11 (Bicycles), 17 (Miscellaneous Rules), and 18 (Seatbelts) of the Utah Traffic Code, as adopted herein by reference, shall be an infraction. This Section shall not limit the authority of any other relief as may be appropriate and lawful under the laws of the State of Utah.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Fines and bail for violations of this Title and all criminal and traffic offenses set forth herein may be assessed in accordance with the Uniform Fine/Bail Schedule as adopted and amended by the Utah Judicial Council and the Centerville City Fine/Bail Schedule for Local Ordinances as adopted and amended by the Centerville City Council. This Section does not limit the applicable court from, in its discretion, imposing no fine, or a fine in any amount up to and including the maximum fine, for the offense.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
14.02.010 Adoption Of State Motor Vehicle And Traffic Codes14.02.020 Adoption Of State Transportation Code14.02.030 Adoption Of State Uniform Driver License ActThe following Chapters of Title 41 of the Utah Code, known as the “Motor Vehicles Code,” are hereby adopted by this reference as if fully set forth herein, provided however, that those provisions which are exclusive to the State of Utah or which are not enforceable by Centerville City under the laws of the State of Utah, are excluded:
Chapter 1a (Motor Vehicle Act)
Chapter 6a (Traffic Code)
Chapter 8 (Driving by Minors)
Chapter 12a (Financial Responsibility of Motor Vehicle Owners and Operators Act)
Chapter 21 (Vintage Vehicles)
Chapter 22 (Off-Highway Vehicles)
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Title 72 of the Utah Code, known as the “Transportation Code,” is hereby adopted by this reference as if fully set forth herein, provided however, that those provisions which are exclusive to the State of Utah or which are not enforceable by Centerville City under the laws of the State of Utah, are excluded.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Title 53, Chapter 3, of the Utah Code, known as the "Uniform Driver License Act," is hereby adopted by this reference as if fully set forth herein, provided however, that those provisions which are exclusive to the State of Utah or which are not enforceable by Centerville City under the laws of the State of Utah, are excluded.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
14.03.010 Traffic-Control Devices14.03.020 Failure To ObeyThe City shall place and maintain official traffic-control devices upon highways under its jurisdiction as necessary to regulate, warn, and guide traffic and parking within the City and to carry out the provisions of this Title. All traffic-control devices erected under this Section shall conform to and be maintained in conformance with the standards and specifications adopted by the Department of Transportation pursuant to Utah Code § 41-6a-301.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to fail to obey any lawfully erected traffic-control device provided herein, unless otherwise directed to do so by a police officer or other law enforcement or public safety official.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
14.04.010 Accident Responsibilities14.04.020 Written Report RequiredThe operator of a vehicle involved in an accident that occurs within Centerville City shall comply with the accident responsibilities and reporting requirements set forth in Utah Code §§ 41-6a-401, et seq., regarding accident responsibilities.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Pursuant to authority granted to the City under Utah Code § 41-6a-402, the operator or owner of a vehicle involved in any accident occurring within Centerville City shall fill out the required accident forms provided by the City and shall provide additional information regarding the accident upon the request of the Police Department or any investigating officer.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
14.05.010 Prima Facie Speed Limit14.05.020 Posted Limits14.05.030 Safe And Appropriate SpeedExcept as otherwise provided in CMC 14.05.030 or applicable State law, the prima facie speed for all highways under the jurisdiction of Centerville City shall be as follows:
- 20 miles per hour in a reduced speed school zone as defined in Utah Code § 41-6a-303;
- 25 miles per hour in a residential district; and
- 30 miles per hour in a business district.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City may declare and post alternative speed limits for highways under the jurisdiction of Centerville City when it is determined after an engineering and traffic study that the reasonable and safe speed limit may be as posted. Any speed limit altered under this Section must be established in accordance with the provisions of Utah Code § 41-6a-603, and shall be effective when appropriate signs giving notice are erected upon the affected highway.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Pursuant to Utah Code § 41-6a-601, a person may not operate a vehicle at a speed greater than is reasonable and prudent under the existing conditions, giving regard to the actual and potential hazards then existing, including when approaching and crossing an intersection or railroad grade crossing, approaching and going around a curve, approaching a hill crest, traveling upon any narrow or winding roadway, and approaching other hazards that exist due to pedestrians, other traffic, weather, or highway conditions.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
14.06.010 Winter Parking Restrictions14.06.020 Authorization For Winter Parking14.06.030 Parking For Certain Purposes14.06.040 Storing And Parking Restrictions14.06.050 Explosive Materials14.06.060 Hazardous Parking14.06.070 Parking In Narrow Roadway14.06.080 Owner's Responsibility For Parking Violation14.06.090 Parking Unregistered Vehicles14.06.100 Parking In Fire LanesNo person shall park a vehicle or dumpster, storage unit, equipment, or other obstruction on any street or in the public right-of-way within the jurisdiction of Centerville City during the period from December 1st through March 31st, between the hours of 12:00 midnight and 6:00 a.m., except physicians during emergency calls, emergency vehicles, or law enforcement vehicles exempted under CMC 14.01.050, or other authorized vehicles in accordance with CMC 14.06.020. See also, CMC 11.01.085 (Dumpsters and Equipment) prohibiting dumpsters and other obstructions within the public right-of-way.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-07 on 4/4/2023
Any resident of Centerville City may apply to the City for authorization for all-night parking during winter parking restriction periods as set forth in CMC 14.06.010 when such parking is required by emergency or other unusual circumstances. The Chief of Police, upon good cause showing, may authorize such all-night parking during winter parking restriction periods for a period not to exceed 72 hours. The Chief of Police shall determine the necessity and requirement for the authorized all-night parking during winter parking restriction periods.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-07 on 4/4/2023
No person shall park a vehicle upon any highway within the jurisdiction of Centerville City for the principal purpose of:
- Greasing or repairing such vehicle other than repairs necessitated by an emergency; or
- Displaying for sale or selling any foodstuffs or merchandise.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Except as otherwise provided herein, no person shall park a motor vehicle or similar conveyance upon any highway within the jurisdiction of Centerville City for more than a continuous 48 hour period.
- Except as otherwise provided herein, no person shall park a hauling trailer, boat, bus, camping vehicle, truck with gross weight in excess of 10,000 pounds, or any other similar conveyance upon any highway within the jurisdiction of Centerville City for more than a continuous 24 hour period.
- Except as otherwise provided herein, no person shall park any vehicle having a total gross weight, loaded or unloaded, in excess of 18,000 pounds, or having a total length in excess of 40 feet, within any residential zone or along any collector or arterial street within the jurisdiction of the City as designated on the City General Plan or Zoning Map, except while actually loading or unloading cargo on or in said vehicle.
- In determining the total gross weight or total length set forth herein, the length shall be measured from the most forward point of the vehicle or its load, and the length or weight of a trailer connected or attached to or in tandem with the motor vehicle shall be included. Restricted vehicles, as more particularly defined in CMC 14.08.020, shall also be subject to the Truck Route provisions set forth in CMC 14.08 (Truck Routes).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
No person shall park any vehicle carrying more than 100 gallons of flammable liquid or more than 5 pounds of dynamite or other explosive of comparable blasting power, or more than 50 gallons or 50 pounds of highly corrosive freight, within a residential zone or along a collector street within the jurisdiction of the City as designated on the City General Plan or Zoning Map, except while actually loading or unloading cargo on or in said vehicle.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
No persons shall stop, stand or park a vehicle at any hazardous or congested place within the jurisdiction of Centerville City as properly designated by the City with official signs or markings. In no event shall any person stop or park a vehicle in such a manner as to interfere with the free flow of traffic along the street upon which it is parked.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
No person shall park a vehicle in an alley or roadway within the jurisdiction of Centerville City in such a manner as to leave less than 20 feet of the width of the roadway available for the free movement of vehicular traffic, or to block the driveway entrance of any abutting property.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Whenever any vehicle shall have been parked in violation of any ordinance prohibiting or restricting parking, the person in whose name such vehicle is registered shall be prima facie responsible for such violation and subject to the penalty therefor.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It is unlawful to park, or for an owner to knowingly permit to be parked, upon any street or upon public property, a vehicle which is not currently registered in accordance with State law.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Except as otherwise provided herein, no person shall stop, stand, or park a vehicle in a designated fire lane on public or private property within the jurisdiction of Centerville City. This Section shall not apply to authorized emergency vehicles, including ambulance, paramedic, fire and law enforcement, while in performance of official duties.
- All fire lanes shall be properly marked with approved signage or markings in accordance with applicable provisions of the Fire Code to identify such restricted fire lanes and signage or markings specifically indicating that stopping, standing or parking is restricted within the fire lanes. For fire lanes on private property, the property owner shall be responsible for providing and maintaining appropriate signage and markings for the fire lanes. All signage and markings shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate visibility and notice of restricted fire lanes and prohibited stopping, standing, or parking.
- Any violation of this Section shall be an infraction and shall be subject to the fines and penalties set forth in the Centerville City Fine/Bail Schedule.
HISTORY
Adopted by Ord. 2017-08 on 4/4/2017
Adopted by Ord. 2017-03 on 4/4/2017
14.07.010 Driving Within Bicycle Lanes14.07.020 Driving Over "wet" Traffic Markings14.07.030 Driving On New Pavement14.07.040 Avoiding Intersection Or Highway14.07.050 Duty To Keep Proper Lookout14.07.060 Interference With Control14.07.070 Seating14.07.080 Standing On Seat14.07.090 Hanging On Outside Of Moving Vehicle14.07.100 Attaching Sled Or Other Conveyance14.07.110 Tampering With Vehicle14.07.120 Excessive Acceleration14.07.130 Safe Operation14.07.140 Negligent Collision14.07.150 Driving While Impaired14.07.160 Funeral Processions14.07.170 Parades, Processions And Races14.07.180 Discharge Of Debris14.07.190 Securing Loads14.07.200 Obstruction Of Traffic14.07.210 Rollerskating And Skateboard Restrictions14.07.220 Livestock On Streets14.07.230 Trail Regulations14.07.240 Golf CartsIt shall be unlawful for the driver of any vehicle to use a marked bicycle lane as a turning lane, or to drive within, through, park or stop within a marked bicycle lane except to briefly cross said lane to turn into an intersection, street, alley, driveway or other parking area. Any vehicle so turning must yield the right-of-way to all bicycles within the lane which are close enough to constitute an immediate hazard.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to drive any vehicle over, on or across any painted traffic markings which are indicated as being “Wet.”
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
No person shall drive any vehicle over or across any newly made pavement in any public street when there is a person, sign, or barrier warning persons not to drive over or across such pavement or that the street is closed.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for the driver of any vehicle to avoid designated intersections or highways, or the traffic regulations set forth herein, by cutting through any service station lot, parking lot, or other public or private lot.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to drive any vehicle without keeping a reasonable and proper lookout for other traffic, objects, and persons.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to engage in any activity that interferes with the safe control and operation of any vehicle while the vehicle is in motion.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for the driver of any vehicle to have in his or her lap any other person, adult or child, or animal, or for the driver to be seated in the lap of any other person while the vehicle is in motion.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to operate any vehicle while any person, adult or child, is standing on a seat within the vehicle.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to climb, swing, or otherwise hold onto the outside of any moving vehicle.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to knowingly drive or operate a vehicle upon any street within the jurisdiction of Centerville City while any person riding a bicycle, moped, coaster, skateboard, roller skates, sled, or similar conveyance is attached or connected to the vehicle.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to damage, tamper, or interfere with another person's vehicle without the authority of the owner or the person lawfully in charge of the vehicle. Such acts include, but are not limited to, climbing upon or into the vehicle, sounding the horn or any other signaling device, manipulating any of the levers, starter, brakes or machinery thereof, or setting the vehicle in motion.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to race the motor of any vehicle unnecessarily in such a manner that the vehicle is so rapidly accelerated that the vehicle emits a loud noise unusual to its operation or whereby the tires of such vehicle squeal or leave tire marks on the pavement or other surface.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
No person shall drive a vehicle in such a manner as to endanger life or property by failing to keep his or her vehicle under safe and proper control.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to operate a vehicle with such lack of due care and in such negligent manner as to cause the same to collide with any vehicle, person or object.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to operate a vehicle while his or her ability or alertness is so impaired through fatigue, illness or any other cause as to make it unsafe for him or her to drive such vehicle. This Section shall not be interpreted to include circumstances amounting to driving under the influence or reckless driving pursuant to Utah Code §§ 41-6a-501, et seq., regarding driving under the influence and reckless driving.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All persons driving a motor vehicle in a funeral procession shall comply with and observe the traffic rules and regulations set forth in this Title, unless otherwise authorized by permit obtained from the Chief of Police in accordance with CMC 14.07.170.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Permit Required. Any persons desiring to engage in a procession, parade, or race shall obtain a permit from the Chief of Police before occupying, marching, racing, or proceeding along any street within the jurisdiction of Centerville City.
- Permit Request. All requests for permits shall be made in writing at least 14 days prior to the actual time of the procession, parade, or race and shall state the time, place of formation, proposed line of march, procession or race, destination, and such other information as the Chief of Police may require.
- Time, Place and Manner. The Chief of Police may alter the time, place and manner of the parade, procession, or race as deemed necessary to promote the health, safety, welfare and convenience of the public. The Chief of Police may also add conditions of approval, such as insurance requirements, indemnification agreement, and other conditions deemed necessary to promote and protect the public health, safety and welfare.
- Supervision. The person or persons obtaining a permit, together with the sponsoring organizations, shall provide at their own expense, police supervision for such parades or processions when the Chief of Police determines that such supervision is necessary to promote the health, safety and welfare of the public.
- Appeal. Any final determination by the Chief of Police made hereunder may be appealed in writing within 10 days from the date of the determination to the City Manager.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to operate or load, or cause to be operated or loaded, a vehicle upon any public highway within the jurisdiction of Centerville City from which any kind of sand, gravel, rocks, materials, or debris fall, discharge, or otherwise escape therefrom. This Section shall not apply to official street maintenance crews or to other persons who have obtained a proper permit from the Chief of Police.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to operate or load, or cause to be operated or loaded, any vehicle upon any public highway within the jurisdiction of Centerville City in which the contact points of the material being hauled are less than six inches from the top of the bed, unless the vehicle is sufficiently covered or tied down so as to prevent such materials from littering, spilling or otherwise escaping therefrom. This Section shall not apply to official street maintenance crews or to other persons who have obtained a proper permit from the Chief of Police.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to remain standing, lying or sitting on any street or highway within the City or to otherwise obstruct or prevent the free passage and use of vehicular or pedestrian traffic on the streets, sidewalks and crosswalks within the City. In accordance with this provision, it shall be unlawful for any person to erect or place a basketball standard or other recreational item in the street or within a park strip or public right-of-way such that the street is used as a playing area or field. Such use of the street is declared to be unsafe and dangerous to the public health and safety.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person upon rollerskates, rollerblades, skateboards, or riding in or by means of any coaster, sled, toy-wagon, scooter, or similar device, to obstruct or restrict vehicular traffic upon any roadway within Centerville City or to otherwise use such devices in a dangerous or unsafe manner.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be unlawful for any person to drive livestock upon any streets within the jurisdiction of Centerville City not designated for such purpose, except as otherwise provided by permit obtained from the Chief of Police.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Trails. Centerville City has a number of designated and publicly dedicated motorized and non-motorized trails within the City and in the foothills, including, but not limited to, the Bonneville Shoreline Trail, as designated on the Centerville City Trail System Map, hereinafter referred to as “Trails” or “Trail System.”
- Motorized Vehicles. It shall be unlawful for any person to drive any motorized vehicle on a Trail within the Trail System designated and marked as a non-motorized Trail or to otherwise deviate from or to go off a Trail designated for motorized vehicle use. This Subsection shall not apply to emergency or law enforcement vehicles and personnel in the lawful pursuit of their duties.
- Signs. It shall be unlawful for any person to remove, cover, deface, or harm in any way, signs regulating or guiding traffic on a Trail within the Trail System.
- Right of Way. All motorized vehicles shall yield to non-motorized traffic at any intersection of a non-motorized Trail and a motorized Trail.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Definitions. For purposes of this Section, the following words shall have the meaning set forth herein. In the event of conflict between the definitions set forth herein and any applicable State law, including, but not limited to Utah Code §§ 41-6a-102 and 41-6a-1510, the State law definition shall govern.
- “Golf Cart” means a device that: (1) is designed for transportation by players on a golf course; (2) has not less than four wheels in contact with the ground; (3) has an unladen weight of less than 1,800 pounds; (4) is designed to operate at low speeds; and (5) is designed to carry not more than six persons including the driver.
- “Golf Cart” does not include: (1) a low-speed vehicle or an off-highway vehicle; (2) motorized wheelchair; (3) an electric personal assistive mobility device; (4) an electric assisted bicycle; (5) a motor assisted scooter; (6) a personal delivery device; or (7) a mobile carrier, as such terms are defined by State law.
- Golf Carts Allowed with Limitations. Subject to the parameters and limitations set forth herein and under State law, including, but not limited to Utah Code § 41-6a-1510, a person may operate a golf cart on specified highways under the jurisdiction of the City. A person may not operate a golf cart on a highway under the jurisdiction of the City that is not expressly authorized herein or in a manner that violates any of the parameters and limitations set forth herein or applicable provision of State law.
- Parameters and Limitations for Golf Carts. The following parameters and limitations shall apply to the operation of a golf cart on specified highways under the jurisdiction of the City.
- Highways. Golf carts may not be operated on or alongside any highway within the jurisdiction of the City with a designated speed limit greater than 25 mph or with a grade greater than 8%. Golf carts are not authorized on any State, County, or Federal street, road, or highway, unless otherwise provided by State or Federal law.
- Sidewalks. Golf carts may not be operated on any sidewalk.
- Age Limit. Only persons 14 years of age or older may operate a golf cart on specified highways under the jurisdiction of the City.
- Hours of Operation. Golf carts may only be operated on specified highways under the jurisdiction of the City during daylight hours.
- Passengers. The operator of a golf cart on specified highways under the jurisdiction of the City shall not allow the number of people in the golf cart at any one time to exceed the maximum capacity specified by the manufacturer. The operator shall not allow passengers to ride on any part of a golf cart not designed to carry passengers, such as the part of the golf cart designed to carry golf bags.
- Safety Equipment. Golf carts operated on specified highways under the jurisdiction of the City shall have basic safety equipment, including a vehicle identification or serial number, rear view mirror, and plainly visible rear reflectors.
- Liability. Any person operating a golf cart on specified highways under the jurisdiction of the City shall be responsible for all liability associated with the operation of the golf cart.
- Compliance with Traffic Laws. Any person operating a golf cart on specified highways under the jurisdiction of the City shall comply with all applicable State and local traffic laws applicable to the operator of any other vehicle. As provided in Utah Code § 41-6a-1510, the operation of a golf cart on specified highways under the jurisdiction of the City shall comply with the same requirements as a bicycle for traffic rules under the Utah Traffic Code, as set forth in Utah Code §§ 41-6a-101, et seq.
- Disclaimer. Golf carts are not generally designed or manufactured to be used on public streets or highways. The City in no way advocates or endorses the operation of golf carts on specified highways under the jurisdiction of the City. The provisions set forth herein are not to be relied on as a determination that operation of golf carts on roads is safe or advisable. Any person who operates a golf cart on specified highways under the jurisdiction of the City does so at their own risk and peril and must be observant of and attentive to the safety of themselves and others, including their passengers, other motorists, bicyclists, and pedestrians.
- Penalties. Any violation of this Section shall be subject to penalties and fines as set forth in CMC §§ 14.01.070 and 14.01.080.
HISTORY
Adopted by Ord. 2021-17 on 9/7/2021
14.08.010 Findings And Purpose14.08.020 Definitions14.08.030 Restrictions14.08.040 Truck Route Designation14.08.050 Special Permit14.08.060 Signs14.08.070 ViolationsThe City Council finds and declares that the travel of Restricted Vehicles on streets other than those identified as Truck Routes herein, in certain climatic conditions, results in abnormal and accelerated deterioration of public streets. Such travel also presents a hazard to public health and safety. The purpose of this Ordinance is to promote the safe and normal movement of traffic within the City and to prevent undue burden and damage to streets and highways within the City through the establishment of designated “Truck Routes”.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
As used herein, the following words shall have the meanings set forth below:
- “Restricted Vehicle” shall mean all vehicles, combination of vehicles or combinations of vehicles and load having a length of more than 45 feet or a width of more than 8½ feet or a height of more than 14 feet and all vehicles registered for 36,000 pounds or more gross weight.
- “Truck Routes” shall mean those streets and highways within the corporate limits of the City designated in CMC 14.08.040 which are open to Restricted Vehicle traffic.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Limited to Truck Routes. No Restricted Vehicle shall move upon any street within the jurisdiction of Centerville City which is not designated as a Truck Route, except as otherwise provided herein.
- Necessary Deviations. Restricted Vehicles may use other streets and highways within the City only when such use is sporadic and occasional and is necessary to access a destination point within the City which is not situated along a designated Truck Route or to access the designated Truck Routes when leaving from a place originating within the City which is not situated along a designated Truck Route. Any deviation from the designated Truck Routes as permitted herein shall be accomplished by the most reasonable and direct route available.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The following streets and parts of streets lying within the corporate boundaries of Centerville City are hereby designated as permissible “Truck Routes” within the City, as further delineated on the map attached hereto:
- Main Street from south City boundary to the north City boundary;
- Frontage Road from south City boundary to the north City boundary;
- 1250 West from the south City boundary to the north City boundary;
- 400 West from 300 South to Parrish Lane;
- Parrish Lane from the west City boundary to Main Street; and
- Any and all federal, state, or county roads or highways designated as such pursuant to Title 72 of the Utah Code not otherwise described herein.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Special Permit. Persons may file with the City an application for a “Special Truck Routing Permit” authorizing the applicant to operate or move a Restricted Vehicle upon City streets not otherwise permitted herein. Unless otherwise provided, any permit issued hereunder shall be in addition to any and all other licenses or permits required by law.
- Application. Applications for Special Truck Routing Permits shall be made in writing to the City Police Department on a form provided by the City, which form shall require the following information:
- Name and address of applicant;
- Activity or purposes for which the permit is desired;
- Description of the truck(s) to be operated or moved pursuant to the permit;
- Specification of the roads or streets to be used; and
- Specification of the time frame and number of trips to be covered by the permit.
- Fees. Each application for special permit filed hereunder shall be accompanied by the required permit fees as set forth in the City Fee Schedule. No permit shall be issued until the proper fees have been paid to the City. Unless otherwise provided, the fees required herein shall be in addition to any and all other license or permit fees imposed by any other law.
- Issuance. The City Police Chief shall review all applications filed hereunder and may issue or deny a permit based upon consideration for the safety of the traveling public and protection of the foundation, surfaces, and structures of City streets. Issuance of the permit may be conditioned upon certain terms including, but not limited to the following:
- Limiting the number of trips the vehicle may take;
- Establishing seasonal or other time limits within which the vehicle may operate or move on the street;
- Requiring bonds or other forms of security to assure payment to the City or other damaged parties for any damage or expense caused by such vehicle use; and
- Requiring an indemnification agreement holding the City harmless from any damage or expense incurred as a result of such vehicle use.
- Denial. If the proper fees have not been paid, or the Police Chief determines that the application does not conform with applicable law or it is not in the public’s best interest to issue the permit, the Police Chief shall deny the permit and notify the applicant in writing of such denial. The notice shall state the reasons for denial and inform the applicant that he or she may file a written appeal of such denial pursuant to Subsection (k).
- Term. Any permit issued hereunder shall specifically state the term and purpose for which it was issued, not to exceed one year.
- Limitation. Except as provided herein, each permit issued hereunder shall be valid only for the person to whom it is issued and only for the purpose for which is it issued.
- Records. The Police Department shall keep a record of all permits issued, including the name of the person to whom the permit was issued, the type of permit issued, and the fees collected.
- Display. Any permit issued hereunder shall be carried in the truck to which it refers and shall be available for inspection by any peace officer or authorized law enforcement agent.
- Revocation. Any permit issued hereunder may be revoked or suspended by the Police Chief due to the permit holder’s failure to comply with the provisions hereof or other applicable law. Prior to revocation of any permit, proper notice and an opportunity to be heard shall be provided to the permit holder.
- Appeal. Any determination made by the Police Chief relative to the issuance, denial or revocation of a permit hereunder may be appealed to the City Manager by filing within 10 days from the date of said determination, a written notice of appeal setting forth the grounds for the appeal and any other pertinent information. Such notice of appeal shall be filed by delivering an original and three copies to the City Manager during regular business hours. Upon receipt of the appeal, the City Manager shall thoroughly and objectively investigate the matter and promptly issue a written decision stating the reasons for the decision and informing the appellant of any right to judicial review provided by law.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City shall install and maintain appropriate truck routing signs, signals and markings upon the streets and highways under its jurisdiction as necessary to regulate and guide traffic in accordance with the provisions of this Ordinance. All signs, signals and markings installed by the City shall conform to and be maintained in conformance with the Manual of Uniform Traffic Control Devices as adopted by the State Transportation Commission pursuant to Utah Code § 41-6a-301.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Penalty. Except as otherwise provided by law, any person found in violation of this Chapter shall be guilty of a class B misdemeanor and subject to imprisonment and/or fines as set forth in Utah Code §§ 76-3-204 and 76-3-301.
- Damages. In addition to any criminal penalties provided for herein, any person who operates or moves any vehicle within the City in violation of this Title or who by any means willfully or negligently injures or damages any City street, equipment, or sign, shall be liable for the damages resulting therefrom.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
15.01 General Provisions15.02 Pre-Application Meeting Or Concept Plan15.03 Preliminary Plat15.04 Final Plat15.05 General Requirements For All Subdivisions15.06 Requirements For PUD And Non-Residential Subdivisions15.07 Public Improvements15.08 Repealed15.09 Subdivision Plat Amendments15.10 Minor Subdivision15.01.010 Short Title15.01.020 Purpose15.01.030 Interpretation15.01.038 Meaning15.01.040 Definitions15.01.050 General Considerations15.01.060 General Responsibilities15.01.070 Compliance Required15.01.074 Wet Utilities Required Before Building Permit15.01.076 Full Utilities Required Before Occupancy15.01.080 Application Submittals15.01.084 Complete Application Review15.01.090 Penalties15.01.100 Pending Ordinance Amendments15.01.110 Appeal Of Land Use Administrative Decisions15.01.120 Staff Authority15.01.130 Public Hearings And Public Meetings15.01.140 General Decision-Making Standards15.01.150 Computation Of TimeThis Title shall be known as the "Centerville Subdivision Ordinance." This Title shall also be known as CMC 15 (Subdivisions). It may be cited and pleaded under either of the above stated designations.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The purpose and intent of this Title, and any rules, regulations, standards, and specifications adopted pursuant hereto are:
- To promote and protect the public health, safety, and general welfare of the inhabitants of the City regarding the subdivision of land;
- To regulate future growth and development within the City in accordance with the General Plan and to promote the efficient and orderly growth of the City;
- To provide procedures and standards for the physical development of the subdivision land and construction of buildings and improvements within the City including the construction and installation of roads, streets, curbs, gutters, sidewalks, drainage systems, water and sewer systems, design standards for public facilities and utilities, access to public rights of way, dedication of land and streets, granting easements or rights of way, and to establish fees and other charges for the authorizing of a subdivision and for the development of land and improvements thereon;
- To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other dangers, and to prevent overcrowding of the land and undue congestion of population; and
- To provide for harmonious and coordinated development of the City and to assure sites suitable for building purposes and human habitation.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
In their interpretation and application, the provisions of this Title shall be considered as minimum requirements for the purposes set forth. Where the provisions of this Title impose greater restrictions than any statute, regulation, or ordinance, the provisions of this Title shall prevail to the extent permitted by law. Where the provisions of any statute, regulation, or ordinance impose greater restrictions than the provisions of this Title, the provisions of such statute, regulation, or ordinance shall prevail.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Unless a contrary intention clearly appears, words used in the present tense include the future, the singular includes the plural, the term "shall" is mandatory and the term "may" is permissive.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The following terms as used in this Title are defined as follows.
- "Administrative Land Use Authority" or "ALUA" means the Planning Commission for purposes of reviewing preliminary plat applications submitted for any single-family dwelling subdivision, two-family dwelling subdivision, or townhome subdivision. Under Utah law, the ALUA may not include the City Council or any member of the City Council, including the Mayor.
- “Affected Entity” means a county, municipality, local district, special service district, school district, interlocal cooperation entity, specified public utility, or the Utah Department Transportation, as more particularly defined in Utah Code § 10-20-102.
- "Alley" means a public way which generally affords a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.
- "Applicant" means the property owner of record or the property owner's duly authorized agent who submits a subdivision application to the City to divide or subdivide the property owner's land into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. Any agent must have written authorization from the owner as more particularly provided in this Title.
- "Block" means the land surrounded by streets and other rights of way other than an alley, or land which is designated or shown as a block on any recorded subdivision plat or official map or plat adopted by the City .
- "Bond Agreement" means an agreement to install improvements secured by an escrow agreement with funds on deposit in an acceptable financial institution or a cash bond with the City, in an amount corresponding to the City Engineer's estimate. All bonds shall be on forms approved by the City Council wherever a bond is required pursuant to this Title.
- "Building" means a structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property.
- “Checklist” means the published and maintained list of City requirements that comprise a complete subdivision application.
- "City" means Centerville City.
- "City Council" means the City Council of Centerville City.
- "Collector Street" See, Streets.
- "Community Development Department" means that department of the City authorized by the City to oversee planning and development, subdivision, land use, building permits and inspections, business licensing, and code enforcement.
- "Community Development Director" means the department director appointed by the City, or the Director's designee, authorized to perform the duties and responsibilities of Community Development Director and Zoning Administrator as provided by City ordinances.
- “Complete Application” means any subdivision application filed under the terms of this Title when determined to be complete by the Community Development Director in accordance with the provisions of this Title and applicable State law.
- "Concept Plan" means, for purposes of commercial, industrial, or multifamily subdivisions, a sketch or concept drawing submitted prior to the preliminary plat for subdivisions as more particularly provided in Chapter 15.02 (Concept Plan).
- "Condominium" means property conforming to the definition set forth in Utah Code § 57-8-3. A condominium is also a "subdivision" subject to these regulations and the Utah Condominium Ownership Act, as set forth in Utah Code §§ 57-8-1, et seq.
- "Construction Codes" means the construction codes adopted by the City in CMC 7.05 (Fire Regulations) and CMC 10.03 (Construction Codes). These codes may also be referred to as building codes, fire codes or safety codes.
- "Cul de sac" See, Streets.
- "Developer" means either: (1) an applicant for subdivision approval; (2) an applicant for a building permit or another permit issued; or (3) the owner of any right, title, or interest in real property for which subdivision approval or site plan approval is sought.
- "Easement" means authorization by a property owner for the use by another, and for a specified purpose, such as utilities and irrigation ditches, of any designated part of the owner's property. An easement may be for use under, on the surface, or above the owner's property.
- [Reserved]
- "Fee Schedule" means the City Fee Schedule adopted by the City Council setting forth various fees charged by the City.
- "Final Plat" means the formal subdivision plat prepared for final approval and recordation s more particularly provided in Chapter 15.04 (Final Plat) and which complies with applicable ordinances of the City and the Utah Land Use and Management Act, as set forth in Utah Code §§ 10-20-101, et seq.
- “Flag Lot” means an L-shaped lot that has been approved by the City consisting of a staff portion contiguous with the flag portion and used for the sole purpose of developing a single family detached structure. Flag lots are not permitted within the City.
- "Flood, 100 Year" means a flood having a 1% chance of being equaled or exceeded in any given year.
- "Flood, 10 Year" means a flood having a 10% chance of being equaled or exceeded in any given year.
- "Flood Plain, 100 Year" means that area adjacent to a drainage channel which may be inundated by a 100 year flood as designated on the most recent Flood Insurance Rate Map prepared by the Federal Emergency Management Agency.
- "Freeway." See, Streets.
- "General Plan" means the comprehensive long-range plan that sets forth the general guidelines for proposed future development of land in the City, as provided in Utah Code § 10-20-401.
- "Half Streets." See, Streets.
- "Lot" means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the Davis County Recorder’s Office which is legally developable under the laws and ordinances in place at the time of subdivision plat recording. Lot shall not mean any remnant or parcel of land designated on a subdivision plat which is not authorized or legally developable under the laws and ordinances in place at the time of subdivision plat recording.
- [Reserved]
- "Master Street Plan" means that portion of the General Plan which defines the future alignments of streets and their rights of way, including maps or reports or both, which have been approved by the Planning Commission and City Council as provided in Utah Code § 10-20-408.
- "Minor Subdivision means a subdivision of not more than three (3) lots that meets the minor subdivision criteria and procedural requirements set forth in CMC 15.10 (Minor Subdivisions).
- "Owner" means the owner in fee simple of real property as shown in the records of the Davis County Recorder's Office and includes the plural as well as the singular, and may mean either a natural person, firm, association, partnership, trust, private corporation, limited liability company, public or quasi public corporation, other entities authorized by the State of Utah, or any combination of the foregoing.
- "Parcel" means any real property, regardless of label, that is not a lot in a recorded subdivision, as more particularly defined in Utah Code § 10-20-102.
- "Parkstrip" means the strip of land located within the public right of way between the sidewalk and the curb and gutter.
- "Person" means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity.
- "Planned Development" means a development designed and approved pursuant to CZC 12.41 (Planned Development Overlay Zone), or any multi-family dwelling project or development that has been approved by the City in accordance with any applicable design standards.
- [Reserved]
- "Planning Commission" means the Centerville Planning Commission.
- "Preliminary Plat" means the preliminary plat of a proposed land division or subdivision showing information and features required by the provisions of this Title as more particularly provided in Chapter 15.03 (Preliminary Plat).
- "Protection Strip" means a strip of land bordering a subdivision, or a street within a subdivision, which serves to bar access of adjacent property owners to required public improvements installed within the subdivision until such time as the adjacent owners share in the cost of such improvements.
- "Public Improvements" means streets, curb, gutter, sidewalk, water and sewer lines, storm sewers, and other similar facilities which are required to be dedicated to the City in connection with subdivision, conditional use, or site plan approval.
- "Public Way" means any road, street, alley, lane, court, place, viaduct, tunnel, culvert or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in any action by the subdivision of real property, and includes the entire area within the right of way.
- "Review Cycle" means the occurrence of:
- the applicant's submittal of a complete subdivision application;
- the City's review of that subdivision application;
- the City's response to that subdivision application, in accordance with this Title and Utah Code § 10-20-806; and
- the applicant's reply to the City’s response that addresses each of the municipality's required modifications or requests for additional information.
- "Secondary Water System" means any system which is designed and intended to provide, transport and store water used for watering of crops, lawns, shrubberies, flowers and other non culinary uses.
- "Sidewalk" means a passageway for pedestrians, excluding motor vehicles.
- "Standards and Specifications" means the construction and engineering standards and specifications as adopted by the City. These standards may also be referred to as City standards, engineering standards, or specifications.
- "Streets"
- Street. A thoroughfare which has been dedicated to the City and accepted by the City Council, which the City has acquired by prescriptive right, deed or by dedication, or a thoroughfare which has been abandoned or made public by use and which affords access to abutting property, including highways, roads, lanes, avenues and boulevards.
- Street, Freeway. A street with a fully controlled access designed to link major destination points. A freeway is designed for high speed traffic with a minimum of four travel lanes.
- Street, Half Street The portion of a street within a subdivision comprising one half of the minimum required right of way.
- Street, Major Arterial. A street, existing or proposed, which serves or is intended to serve as a major traffic way and is designated in the Master Street Plan as a controlled access highway, major street parkway, or other equivalent term to identify those streets comprising the basic structure of the street plan.
- Street, Minor Arterial. Similar to major arterial, but considered to be of slightly less significance because of lower anticipated volume, narrower width, or service to a smaller geographic area.
- Street, Major Collector. A street, existing or proposed, which is the main means of access to the major street system.
- Street, Minor Collector. A street, existing or proposed, which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood.
- Street, Local. A minor street which provides access to abutting properties and protection from through traffic.
- Street, Private. A thoroughfare within a subdivision which has been reserved by dedication unto the subdivider or lot owners to be used as a private access to serve the lots platted within the subdivision and complying with the adopted street cross section standards of the City and maintained by the subdivider or other private agency.
- Street, Cul de sac. A minor terminal street provided with a turn around.
- Alley. A public right of way less than 26 feet in width.
- “Subdivider” means any person who: (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit, or plat in a subdivision; (3) engages directly, or through an agent, in the business of selling, leasing, developing or offering for sale, lease, or development a subdivision; or (4) is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
- “Subdivision”
- Subdivision means any land that is divided, resubdivided, or proposed to be divided into two or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms and conditions.
- Subdivision includes: (1) the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat or other recorded instrument; and (2) except as otherwise provided herein, divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes.
- Subdivision does not include bona fide division or partition of agricultural land or recorded documents between adjacent property owners adjusting their mutual boundaries as more particularly defined and subject to the definitional exclusions set forth in Utah Code § 10-20-102.
- "Residential Subdivision” means a single-family subdivision, two-family subdivision, or townhome subdivision, or any combination thereof, but not including any other housing product or use type. Residential subdivisions are subject to procedures, provisions, and timelines of Utah law, as more particularly provided in this Title. For purposes of this definition, single-family, two-family, and townhome subdivisions shall include those subdivisions involving the following housing or use types as defined in CZC 12.12.040 (Definitions): Single-Family Dwellings, Two-Family Dwellings, Townhouse Dwellings. Residential subdivisions shall not include subdivisions involving Multi-Family Dwellings or Condominium housing or use types.
- “Commercial Subdivision” means a commercial subdivision, industrial subdivision, or multifamily subdivision, or any combination thereof, but not including any single-family, two-family, or townhome subdivision that meets the definition of “residential subdivision.” Commercial subdivisions are not subject to the procedures, provisions, and timelines of Utah law, as more particularly provided in this Title. Commercial subdivisions shall include any subdivisions involving Multi-Family Dwellings or Condominium housing or use types as defined in CZC 12.12.040 (Definitions).
- "Subdivision Improvement Plans" means the civil engineering plans associated with required infrastructure and utilities required for a subdivision.
- "Subdivision Ordinance Review" means the review by the City to verify that a subdivision application meets the criteria of the City's subdivision ordinances.
- "Subdivision Plan Review" means the review of the applicant's subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with municipal ordinances and applicable standards and specifications.
- “Utilities” includes culinary waterlines, pressure and gravity irrigation lines, sanitary and storm sewer lines, subdrains, electric power, natural gas, cable television and telephone transmission lines, underground conduits, and junction boxes.
- “Water and Sewer Improvement Districts” means any water or sewer improvement districts existing or hereinafter organized which have jurisdiction over the land proposed for a subdivision.
- “Zoning Administrator” means the person appointed by the City to perform the duties and responsibilities of Zoning Administrator, or designee, as defined in CZC 12 (Zoning) as the Community Development Director.
- “Zoning Ordinance” or "Zoning Code" means the Centerville City Zoning Ordinance as set forth in CZC 12 (Zoning).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-16 on 8/20/2019
Amended by Ord. 2024-01 on 1/16/2024
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
- The General Plan shall guide the use and future development of all land within the corporate boundaries of the City. The size and design of lots, the nature of utilities, the design and improvement of streets, the type and intensity of land use, and the provisions for any facilities in any subdivision shall conform to the land uses shown and the standards established in the General Plan, the Zoning Code, and other applicable ordinances.
- Trees, native land cover, natural watercourses, and topography shall be preserved where possible. Subdivisions shall be so designed as to prevent excessive grading and scarring of the landscape in conformance with the Zoning Code. The design of new subdivisions shall consider, and relate to, existing street widths, alignments and names.
- Community facilities, such as parks, recreation areas, and transportation facilities shall be provided in the subdivision in accordance with General Plan standards, this Title, and other applicable ordinances. This Title establishes procedures for the referral of information on proposed subdivisions to interested boards, bureaus, and other governmental agencies and utility companies, both private and public, so that the extension of community facilities and utilities may be accomplished in an orderly manner, coordinated with the development of the subdivision. In order to facilitate the acquisition of land areas required to implement this policy, the subdivider may be required to dedicate, grant easements over or otherwise reserve land for schools, parks, playgrounds, public ways, utility easements, and other public purposes, in accordance with and to the extent permitted by law.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- The applicant shall prepare subdivision plans and plats consistent with the standards contained herein and shall pay for the design, construction, and inspection of the public improvements required. The City shall process said plans and plats in accordance with the regulations set forth herein. The applicant shall not alter the terrain or remove any vegetation from the proposed subdivision site or engage in any site development until the applicant has obtained the necessary approvals.
- The Community Development Director shall conduct the application completeness check, subdivision ordinance review, and subdivision plan review of the plans and plats; for conformity to the General Plan and to the Zoning Code; for the environmental quality of the subdivision design; and shall process the subdivision plats and reports as provided for in this Title.
- The Community Development Director may refer plats or plans of proposed subdivisions to the Community Development Department or any other City departments and special districts, governmental boards, bureaus, utility companies, and other agencies which will provide public and private facilities and services to the subdivision for their information and comment. The Community Development Director is responsible for coordinating any comments received from public and private entities and shall decide which agencies to refer proposed subdivision plats and plans.
- The City Engineer shall review the subdivision plats and improvement plans for compliance the engineering plans and specifications for the City required improvements for the subdivision and whether the proposed City required improvements are consistent with this Title and other applicable ordinances and shall be responsible for inspecting the City required improvements. Street layout and overall circulation shall be coordinated with transportation planning by the Community Development Director.
- The Public Works Director shall review and make technical comments on the engineering plans and specifications for the City required improvements to the City Engineer and the Community Development Director. The Public Works Director may assist the City Engineer in performing inspections.
- The Planning Commission shall review and approve subdivision applications in accordance with the provisions of this Title and to the extent allowed by law. As provided herein, the Planning Commission is designated as the administrative land use authority or ALUA for review and approval of preliminary plats and plans for residential subdivisions involving single-family, two-family, and/or townhome developments. The Planning Commission is further authorized to make reviews, investigations, reports, recommendations, and approval of other subdivision applications as more particularly provided in this Title.
- The City Attorney shall verify that the bond provided by the applicant is acceptable, that the applicant dedicating land for use of the public is the owner of record, that the land is free and clear of unacceptable encumbrances according to the title report submitted by the applicant, and may review matters of title such as easements and restrictive covenants.
- The Community Development Director shall review subdivision applications in accordance with the provisions of this Title. As provided herein, the Community Development Director has final authority to approve or deny Residential Subdivision final plats.
- The Mayor, with attestation from the City Recorder, is authorized to accept dedicated lands, easements, and public improvements on behalf of the City, as associated with subdivision approval, and shall sign final subdivision plats as more particularly provided in this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
- It shall be unlawful for any person to subdivide any tract or parcel of land which is located entirely or partially in the City except in compliance with this Title. No plat of any subdivision shall be recorded until it has been submitted and approved as provided herein. A plat shall not be approved if such plat is in conflict with any provision or portion of this Title, the General Plan, Master Street Plan, Zoning Code, or any other State law or City ordinance.
- Land shall not be transferred, sold, or offered for sale, nor shall a building permit be issued for a structure thereon, until a final plat of a subdivision is recorded in accordance with this Title and any applicable provisions of State law, and until the improvements required in connection with the subdivision have been installed or guaranteed as provided herein.
- Building permits shall not be issued without written approval of all public agencies involved. No building that depends on public water, sewer, energy facilities, or fire protection shall be permitted to be occupied until such facilities are fully provided and operational.
- Any lot, plot, or tract of land located within a subdivision shall be subject to this Title whether the tract is owned by the subdivider or a subsequent purchaser, transferee, devisee, or contract purchaser of the land or any other person.
- No person shall offer to sell, contract to sell, sell, deed, or convey any property contrary to the provision of this Title. A subdivision plat recorded without the signatures required by Utah Code § 10-20-804, as amended, is void. A transfer of land pursuant to a void plat is voidable by the land use authority.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
- Except as otherwise provided, it shall be unlawful for any person to receive a building permit for a lot within a subdivision until water, sewer, storm drainage and all other required underground utilities located under the street surfaces within the subdivision are installed, inspected, and approved by the City, and all streets in the subdivision are rough graded.
- A building permit may be issued for a lot within a subdivision prior to installation of all water, sewer and required utilities and rough grading of all streets within the subdivision upon a finding of the following conditions by the Building Official:
- The lot fronts onto an already existing hard surfaced street;
- The main lines for utilities which will service the lot are located within the already existing and improved str
- There is adequate fire flow protection and existing fire hydrants and fire protection devices for the lot as required by the Fire Code, as adopted by the City, and other relevant City Ordinances;
- There is adequate access to the lot for emergency utility vehicles;
- The issuance of the building permit will not threaten public health, safety and welfare;
- Written approval is obtained from the Fire Chief, Police Chief and City Engineer regarding issuance of the permit;
- Written approval is obtained from all public utilities and agencies involved regarding issuance of the permit or final subdivision approval; and
- Issuance of the permit will not result in the waiver of any other requirements or performance guarantees for the subdivision.
HISTORY
Amended by Ord. 2024-01 on 1/16/2024
It shall be the responsibility of the owner or applicant to allow no human occupancy until all necessary utilities are installed and basic improvements are adequate to render the subdivision habitable, which improvements shall include paved streets. It shall be unlawful for any owner or applicant to sell any portion of an approved subdivision until the prospective buyer or builder has been advised that occupancy will not be permitted until all required improvements are completed.
HISTORY
Amended by Ord. 2024-01 on 1/16/2024
- Any application for the separate stages of subdivision approval shall be made to the Community Development Director. The applicant shall use the respective forms provided by the City and pay the proper fees and deposits. Applicants shall be required to submit all documents and information required in the applicable checklist and by this Title.
- Applicants shall be required to provide a designated contact name and accurate mailing address and email address for receiving legal notice of staff reports, public meetings, public hearings, final action, and other notices required to be provided by the City to applicants.
- All documents, plans, reports, studies, and information provided to the City by an applicant in accordance with the requirements of this Title shall be accurate and complete. Submission of inaccurate or incomplete information in connection with any application shall be grounds for denial of a pending application or revocation of an approved application.
- When an application is filed, the applicant shall pay to the City the fees and deposits associated with such application as provided in the City Fee Schedule. Any application not accompanied by the required fees and deposits shall be deemed incomplete. Fees shall be nonrefundable unless the application is withdrawn before any review or costs have been incurred by the City. Applicants shall be responsible for requesting fee refunds, which requests must be made within thirty (30) days of the withdrawal of the application.
- Unless a shorter time frame is provided in this Title, if within six (6) months after an application has been filed the applicant has not taken substantial action to obtain approval thereof, the application shall expire and any vested rights accrued thereunder shall terminate.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
After receipt of a subdivision application, the Community Development Director shall determine whether the application is complete. Such completeness review shall be conducted using any application or ordinance checklists as provided herein. If the application is not complete, the Community Development Director shall notify the applicant in writing that the application is incomplete and provide the applicant with information regarding the deficiencies. No further action will be taken on incomplete applications until and unless such deficiencies are corrected. Incomplete applications that are not corrected within 90 days from the date of City notice of application deficiencies shall be considered withdrawn. Incomplete applications are not entitled to vested rights.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
Any person found in violation of this Title shall be subject to a civil penalty and civil enforcement procedures as provided in CMC 1.06 (Civil Penalties) or may be subject to criminal prosecution as a class C misdemeanor. In addition to any criminal prosecution, the City may pursue any other legal remedy to ensure compliance with this Title including, but not limited to, injunctive relief, mandamus, abatement, or other appropriate actions for enforcement, including civil enforcement procedures set forth in CMC 1.06 (Civil Penalties).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
- When the City has formally initiated proceedings to amend the text of this Title, a person who thereafter files an application which may be affected by the proposed amendment shall not be entitled to rely on the existing text which may be amended.
- A proposed text amendment to this Title shall be deemed formally initiated when the amendment proposal first appears on a Planning Commission or City Council agenda, as the case may be, and such agenda has been noticed as required in this Chapter.
- An application shall be deemed “filed” when all materials required for the application, as set forth in this Title, have been submitted.
- An application affected by a pending amendment to the text of this Title shall be subject to the following requirements:
- The application shall not be acted upon until six months from the date when the pending amendment to the text of this Title was first noticed on a Planning Commission or City Council agenda, as the case may be, unless the proposed amendment is sooner enacted or defeated, as the case may be.
- If a pending amendment to the text of this Title is enacted within six months after being noticed on a Planning Commission or City Council agenda, as the case may be, an affected application which was filed while the amendment was pending shall conform to the enacted amendment.
- If a pending amendment to the text of this Title is not enacted within six months after being noticed on a Planning Commission or City Council agenda, as the case may be, the amendment shall no longer be considered pending and any affected application may be approved without regard to the previously pending amendment.
- The Community Development Director shall provide written notice to an applicant affected by a pending amendment to the text of this Title written notice that:
- There is pending legislation;
- The application may require changes to conform to a text amendment which may be enacted; and
- Copies of the pending legislation are available at the Community Development office.
- All provisions herein are intended to and shall comply with the provisions of Utah Code § 10-20-902.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
- Any person or entity, or any officer, department, or board of the City, adversely affected by any decision, determination, or requirement of the Administrative Land Use Authority or the final decision, determination, or requirement of the Community Development Director or Zoning Administrator made in the administration or interpretation of the provisions of this Title may file an appeal to the the Board of Adjustment as the designated land use appeal authority for administrative decisions, determinations, or requirements provided herein. A complete application for appeal shall be filed with the City Recorder in a form established by the City within fourteen (14) days of the decision which is being appealed. The application for appeal shall include at a minimum the following information along with applicable appeal fees as set forth in the City Fee Schedule: (1) the name, address and telephone number of the appellant and the appellant's authorized agent, if any; (2) the decision being appealed; (3) the grounds for the appeal; and (4) a description of the alleged error in any final order, decision or determination of the person or body from which the appeal is taken in the administration or interpretation of this Title. The appeal shall set forth a description and allegation of every theory of relief that the appellant could raise in district court regarding the matter appealed.
- After the application for appeal is deemed complete, the City Recorder shall schedule a public meeting before the Board of Adjustment for the appeal within a reasonable time after receipt of the appeal. Public notice of the public meeting shall be provided in accordance with the provisions of CMC 15.01.130. The appellant shall be notified of the appeal meeting date at least seven (7) days prior to the meeting. Prior to the meeting, the City Recorder shall transmit to the City Council and the appellant all papers constituting the record of the decision which is being appealed. In the event the appellant is not the property owner, applicant, or agent of the property owner or applicant of a particular application being appealed, the City shall provide the property owner, applicant, or agent, as applicable, notice of the appeal meeting and a copy of the record in accordance with the provisions of this Section.
- The Board of Adjustment shall review the record of decision and after due consideration may affirm, modify, or overrule the decision, determination, or requirement, or remand the decision to the Administrative Land Use Authority or Community Development Director for additional review and entry of any such order or orders. The Board of Adjustment shall review the administrative decision for correctness and shall give no deference to the decision of the person or body from which the appeal is taken. The person making an appeal shall have the burden of proving an error has been made using the substantial evidence standard of review. The Board of Adjustment shall notify the appellant in writing of its ruling.
- The filing of a completed application for appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending a decision of the Board of Adjustment.
- Any person or entity adversely affected by a final decision of the City Council regarding any subdivision application for which the City Council has jurisdiction of final approval or Any final decision of the Board of Adjustment regarding an appeal of an administrative decision as provided herein, may appeal that decision to the district court in accordance with Utah Code § 10-20-1109.
- Any appeal during the Final Review Cycle #2 of a Residential Subdivision from a dispute arising from the subdivision improvement plans or the subdivision ordinance review shall comply with Utah Code § 10-20-806, as amended, and be held before an appeal panel or the Board of Adjustment, as applicable.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
The Community Development Director or designee shall have the authority to approve final subdivision plats for single-family, two-family, and townhome subdivisions as provided in CMC 15.04 (Final Plats). The Planning Commission shall have the authority to approve preliminary subdivision plats for single-family, two-family, and townhome subdivisions as provided in Chapter 15.03 (Preliminary Plats). Except as otherwise provided herein, the Community Development Director and all other officers and employees of the City act in an advisory capacity to the Planning Commission and City Council and have no authority to make binding decisions or to make authoritative representations, approvals or determinations other than in a purely advisory and recommending capacity.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Any public hearing or public meeting required under this Title, as the case may be, shall be scheduled and held subject to the requirements of this Section.
- Scheduling a Public Hearing or Public Meeting. An application requiring a public hearing or public meeting shall be scheduled within a reasonable time following receipt of a complete application. The amount of time between receipt of an application and holding a public hearing or public meeting regarding the application shall be considered in light of:
- The complexity of the application submitted;
- The number of other applications received which require a public hearing or public meeting;
- Available staff resources; and
- Applicable public notice requirements.
- Notice of Public Meeting. In accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-1, et seq., the applicable land use authority designated to act upon a subdivision application shall provide public notice of its meetings.
- Annual Meeting Schedule. The applicable land use authority shall give public notice at least once each year of its annual meeting schedule specifying the date, time, and place of such meetings.
- Individual Meeting. The applicable land use authority shall also provide not less than 24 hours public notice of the agenda, date, time, and place of each of its meetings in accordance with Utah Code § 52-4-202.
- Public Notice Required. For purposes of Subsection (1) and (2), public notice of meetings and annual schedule shall be satisfied by:
- Posting written notice at City Hall (except for an electronic meeting held without an anchor location pursuant to Utah Code § 52-4-207);
- Publishing notice on the Utah Public Notice Website; and
- Providing notice to at least one newspaper of general circulation within the geographic area of the City or a local media correspondent.
- Emergency Meetings. When because of unforeseen circumstances it is necessary for the applicable land use authority to hold an emergency meeting to consider matters of an emergency or urgent nature, the noticing requirements set forth herein may be disregarded and the best notice practical will be given in accordance with the Utah Open and Public Meetings Act, as set forth in Utah Code §§ 52-4-1, et seq.
- Notice of Public Hearing. When this Title or any State statute requires a public hearing for any proposed subdivision, amendment to a subdivision, or any other land use application governed by this Title, notice of the first public hearing regarding such matter shall be provided in accordance with the provisions set forth herein.
- Contents. Public notice of the public hearing should include the following information:
- A statement summarizing the substance of the application;
- The date, time, and place of the public hearing; and
- The place where the application may be inspected by the public or the person to contact for further information.
- Notice for First Public Hearing. Public notice of the first public hearing on an application shall be provided at least three (3) calendar days before the public hearing. Such notice shall be:
- Published on the Utah Public Notice Website;
- Posted on the City website;
- Mailed to each affected entity (as defined in Utah Code 10-20-102); and
- Posted on the property proposed for subdivision, in a visible location, with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passers-by.
- Notice for Subsequent Public Hearings. Public notice of any additional or subsequent public hearings on an application shall be provided at least three calendar days before the public hearing by:
- Publishing notice on the Utah Public Notice Website; and
- Posting on the City website.
- Multi-Unit Residential, Commercial or Industrial Project Notice. Notice of the first public hearing to consider a preliminary plat describing a multi-unit residential development or a commercial or industrial development shall be mailed to each affected entity (as defined in Utah Code § 10-20-102).
- Vacation of Public Street Notice. Notice of any subdivision or plat amendment that involves a vacation, alteration, or amendment of a street shall be provided in accordance with Utah Code § 10-20-208.
- Single-Family Residential, Two-Family Residential, or Townhomes Project Notice. If the administrative land use authority chooses to hold one public hearing to consider a preliminary subdivision land use application for a Single-Family, Two-Family, or Townhome residential project as provided in Utah Code § 10-20-805, notice of the public hearing shall be mailed to each affected entity as defined in Utah Code § 10-20-208.
- Applicant Notice. For each land use application filed in accordance with the provisions of this Title, the City shall notify the applicant of the date, time, and place of each public hearing and public meeting to consider the application. The City shall provide each applicant a copy of each staff report regarding the application at least three business days before the public hearing or public meeting, subject to the waiver provisions of Utah Code § 10-20-202. Such notice may be provided by mail, email, or other electronic means to the designated contact and mailing address or email address provided by the applicant. The City shall also provide the applicant notice of any final action on a pending application in accordance with the provisions of Subsection (l)
- Additional Notice. In addition to public notice of a public hearing as provided in this Section, the Zoning Administrator may provide additional notice of any application, including, but not limited to, direct mailings to neighboring property owners. Any direct mailing, or other notice provided under this Subsection is intended as a courtesy only. Any error or failure on the part of the City to provide such courtesy notice shall not affect the adequacy or sufficiency of posted notice of the meeting or public hearing as required by law.
- High Priority Transportation Corridors Notice. When required by law under Utah Code § 10-20-206 and specifically requested in writing, the City may be required to provide the Utah Department of Transportation with electronic notice of any land use application received by the City that may adversely impact the development of any designated high priority transportation corridor within the City. When required by law under Utah Code § 10-20-206 and specifically requested in writing, the City may be required to provide a large public transit district with electronic notice of any land use application received by the City that may impact the development of a major transit investment corridor.
- Standards and Specifications Notice. Prior to implementing an amendment to adopted standards and specifications for public improvements that apply to subdivisions or development within the City, the City shall give 30 days mailed notice and an opportunity to comment to anyone who has requested such notice in writing pursuant to Utah Code § 10-20-212.
- Challenge of Notice. If notice required by this Section or any other applicable provision of this Title is not challenged in accordance with applicable appeal procedures within 30 days from the date of the hearing or meeting for which notice was given, the notice shall be considered adequate and proper.
- Examination of Application. Upon reasonable request during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in accordance with the Utah Government Records Access and Management Act, as set forth in Utah Code §§ 63G-2-101, et seq., as amended. Copies of such materials shall be made available at reasonable cost in accordance with the City Fee Schedule.
- Public Hearing and Public Meeting Procedures. An application shall be considered pursuant to the provisions of this Title and any policies and procedures established by the decision-making body or official for the conduct of its meetings.
- Withdrawal of Application. An applicant may withdraw an application at any time prior to action on the application by the decision-making body or official. Application fees shall not be refundable if prior to withdrawal:
- A staff review of the application has been undertaken; or
- Notice for a public hearing or public meeting on the application has been mailed, posted, or published.
- Record of Public Hearing or Public Meeting.
- Written minutes and a recording shall be kept of all public hearings and meetings. Written minutes shall include:
- The date, time, and place of the meeting;
- The names of members present and absent;
- The substance of all matters proposed, discussed, or decided, and a record, by individual member, of votes taken;
- The names of each person who provides testimony or comments to the public body and the substance in brief of their testimony or comments; and
- Any other information that is a record of the proceedings of the meeting that any member requests be entered in the minutes or recording.
- The minutes, recordings, applications, exhibits, papers and reports submitted in any proceeding before the decision-making body or official, and the decision of the decision-making body or official, shall constitute the record thereof. The record shall be made available for public examination as provided in Subsection (h).
- Notification of Final Action. Notice of any final action or decision on a pending application by the decision-making body or official shall be provided to an applicant within a reasonable time. Such notice shall be provided by mail, email, or other electronic means to the designated contact and mailing address or email address provided by the applicant.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2021-10 on 6/1/2021
Amended by Ord. 2024-01 on 1/16/2024
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
The decision-making standards set forth in this Section are based on the fundamental distinction between legislative and administrative proceedings. Legislative proceedings establish public law and policy which is applicable generally, while administrative proceedings apply such law and policy to factually distinct, individual circumstances.
- Legislative Proceedings.
- The following types of applications under this Title are hereby declared to be legislative proceedings:
- Subdivision ordinance text adoption or amendment; and
- Temporary regulations.
- Decisions regarding a legislative application shall be based on the "reasonably debatable" standard, as follows:
- The decision-making authority shall determine what action, in its judgment, will reasonably promote the public interest, conserve the values of other properties, avoid incompatible development, encourage appropriate use and development, and promote the general welfare.
- In making such determination, the decision-making authority may consider the following:
- Testimony presented at a public hearing or meeting; and
- Personal knowledge of various conditions and activities bearing on the issue at hand, including, but not limited to, the location of businesses, schools, roads and traffic conditions; growth in population and housing; the capacity of utilities; the zoning of surrounding property; and the effect that a particular proposal may have on such conditions and activities, the values of other properties, and upon the general orderly development of the City.
- The decision-making body should state on the record the basis for its decision.
- Administrative Proceedings.
- The following types of applications under this Title are hereby declared to be administrative proceedings:
- Concept plan;
- Preliminary subdivision plat;
- Final subdivision plat or plat amendment;
- Special exception;
- Variance;
- Nonconformity;
- Routine and uncontested matter;
- Administrative interpretation; and
- Appeal of administrative decision.
- Decisions regarding an administrative application shall be based on the "substantial evidence" standard including at least the following:
- A statement of the standards for approval applicable to the application;
- A summary of evidence presented to the decision-making body or official;
- A statement of findings of fact or other factors considered, including the basis upon which such facts were determined and specific references to applicable standards set forth in this Title or other provisions of the Centerville Municipal Code; and
- A statement of approval, approval with conditions, or disapproval, as the case may be.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Unless expressly provided otherwise in this Title, if a person is required to complete an action on a certain day, on or before a certain day, or within one day or a period of days, the person may complete the action any time before 5:00 p.m. on the final day.
- Except as provided under Subsection (c), Saturdays, Sundays, and holidays shall be included in all computations of days made under this Title. For purposes of this Title, the term holiday shall mean any federal, State, or local holiday recognized by Centerville City.
- Saturdays, Sundays, and holidays are not included in computations of days if the days are specified in this Title as business days or working days.
- Unless otherwise expressly provided for in this Title:
- When computing any number of days before or after a specified date or event, the specified date or day of the event is not included in the count;
- If the commencement date of a time period preceding a specified date or event falls on a Saturday, Sunday, or holiday, the following business day shall be used;
- If the last day of a time period following a specified date or event falls on a Saturday, Sunday, or holiday, the time period is extended to the following business day; and
- If a deadline that falls before or after a specified date or event falls on a Saturday, Sunday, or holiday, the deadline shall be considered to fall on the following business day.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
15.02.002 Residential Subdivision15.02.004 Pre-Application Meeting15.02.006 Commercial Subdivision15.02.010 Concept Plan15.02.020 Concept Plan Submittal Requirements15.02.028 Concept Plan Completeness Review15.02.030 Concept Plan Distribution To Departments15.02.040 Reserved15.02.050 Concept Plan Review And Approval By The Planning Commission15.02.060 Concept Plan Expiration“Residential Subdivision” is defined in CMC 15.01.040 as a single-family subdivision, two-family subdivision, or townhome subdivision, or any combination thereof, but not including any other housing product or use type. Based on the provisions of State law, residential subdivisions are subject to different review and approval procedures, including deadlines and review cycle limitations on City review of applications. Under the provisions of State law, the City cannot require a concept plan for residential subdivisions. In the alternative, the City is required to provide, at the applicant’s sole discretion, a pre-application meeting to go over the applicant’s proposed residential subdivision. In accordance with State law, residential subdivisions shall not be required to submit a concept plan or concept plan application, but may optionally request a “Pre-Application Meeting” in accordance with the provisions set forth in this Chapter.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
- Any applicant proposing to develop a residential subdivision may request a pre-application meeting with the Community Development Director and applicable City staff prior to preparing any subdivision plats or improvement plans. A pre-application meeting is optional at the discretion of the applicant and does not count toward the maximum number of review cycles for residential subdivision applications.
- Within fifteen (15) business days after a request for a pre-application meeting, the Community Development Director shall schedule the pre-application meeting to discuss the proposal with the applicant and to give initial feedback, if any.
- At the pre-application meeting, the Community Development Director shall provide or have available on the City website the following:
- Copies of applicable land use regulations;
- Complete list of standards required for the project;
- Preliminary and final subdivision application checklists; and
- Feedback on conceptual sketches, if any.
- The optional pre-application meeting and review process is designed to provide the applicant with helpful information and suggestions before the expense and time involved in preparing the preliminary plat and plans is incurred. The optional pre-application meeting and review process shall be nonbinding on any subsequent review steps and nonbinding on the designated Administrative Land Use Authority in the exercise of its authority or approval. Pre-application meetings and discussions shall not confer any vested rights upon the applicant.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
“Commercial Subdivision” is defined in CMC 15.01.040 as a commercial subdivision, industrial subdivision, or multifamily subdivision, or any combination thereof, but not including any single-family, two-family, or townhome subdivision that meets the definition of “residential subdivision.” Commercial subdivisions are not subject to the procedures, provisions, and timelines of State law. Commercial subdivisions shall be subject to the “Concept Plan” provisions and requirements set forth in this Chapter.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
A concept plan shall be required for all commercial subdivisions. Concept plan review provides the applicant with an opportunity to consult with and receive comments from the City regarding the proposed subdivision of property. The applicant or applicant's duly authorized agent shall submit an application to the Community Development Director for subdivision concept plan review in accordance with the provisions of this Chapter, together with the appropriate application fees and deposits as set forth in the City Fee Schedule.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
The applicant shall submit three hard copies and one electronic copy of the proposed commercial subdivision concept plan to the Community Development Director. The proposed concept plan shall include the following items.
- The proposed name of the subdivision.
- A vicinity plan showing significant natural and manmade features on the site and within 500 feet of any portion of it; the property boundaries of the proposed subdivision and adjacent properties; the names of adjacent property owners; topographic contours at no greater interval than five feet; and north arrow.
- A proposed lot and street layout.
- A description of the type of culinary and irrigation water system(s) proposed and documentation of water rights and secondary water shares.
- A description of the size and location of sanitary sewer and storm water drain lines and subsurface drainage.
- A description of those portions of the property which are included in the most recent flood insurance rate maps prepared by FEMA.
- The total acreage of the entire property proposed for subdivision.
- Proposed changes to existing zoning district boundaries or zoning classifications or conditional use permits, if any.
- Legal description for all property located within the subdivision.
- Parcel numbers for all parcels of property located within the subdivision.
- Title report dated and current within 30 days of submittal showing title work and encumbrances for all property located within the subdivision.
- An American Land and Title Association Survey (“ALTA Survey”) containing information from Table A as required by the City Engineer.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
The Community Development Director shall review all commercial subdivision concept plan applications for completeness in accordance with CMC 15.01.084.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The Community Development Director, upon determining that the application is complete, shall distribute copies of the commercial subdivision concept plan to such City departments and other agencies or advisors as deemed appropriate.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- The Planning Commission shall schedule and hold a public hearing on the proposed commercial subdivision concept plan. Public notice of the public hearing and the public meeting shall be provided in accordance with the provisions of CMC 15.01.130. At the time and place specified, the Planning Commission shall hold a public hearing and review the submitted concept plan for compliance with the General Plan, Zoning Code, Subdivision Ordinance, and other applicable ordinances and regulations. The Planning Commission may approve or reject the proposed commercial subdivision concept plan and may make findings and recommendations regarding the submitted concept plan, specifying any inadequacy in the information submitted, noncompliance with City ordinances or regulations, or noncompliance with applicable engineering standards and requirements.
- The Planning Commission may require additional information, data or studies to be provided to the Planning Commission by the applicant for the overall development before approval, rejection or referral is made by the Planning Commission regarding the proposed concept plan.
- Approval of a proposed commercial subdivision concept plan by the Planning Commission shall not constitute an approval or disapproval of the proposed subdivision, but is intended to give the applicant general guidance as to the requirements and constraints for the applicant's proposed subdivision within the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Once a concept plan for a commercial subdivision has been approved by the Planning Commission the applicant may apply for preliminary plat approval consistent with the concept plan. Concept plan approval for a commercial subdivision shall expire and have no further force or effect if a complete application for preliminary plat approval is not submitted within twelve (12) months from the date of approval of the concept plan. This time period may be extended for up to six (6) months for good cause shown if the applicant petitions the Planning Commission for an extension prior to the expiration date. Only one extension may be granted for each approved commercial subdivision concept plan.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-17 on 8/20/2019
Amended by Ord. 2024-01 on 1/16/2024
15.03.002 Residential Subdivision15.03.004 Commercial Subdivision15.03.010 Preliminary Plat15.03.015 Preliminary Plat Filing Deadline15.03.020 Preliminary Plat Application And Fees15.03.030 Preliminary Plat Submittal Requirements15.03.032 Preliminary Plat Completeness Review15.03.034 Preliminary Plat Distribution To Departments15.03.036 Preliminary Plat Review Cycle Requirements15.03.040 Preliminary Plat Review And Approval By Planning Commission15.03.050 Preliminary Plat Expiration“Residential Subdivision” is defined in CMC 15.01.040 as a single-family subdivision, two-family subdivision, or townhome subdivision, or any combination thereof, but not including any other housing product or use type. Based on the provisions of State law, residential subdivisions are subject to different review and approval procedures, including deadlines and review cycle limitations on City review of applications. Under the provisions of State law, the City has designated the Planning Commission as the Administrative Land Use Authority authorized to approve or deny preliminary plat approvals for residential subdivisions. Residential subdivisions are also subject to review cycle timelines and checklist requirements as more particularly provided herein. If a public hearing is held on a preliminary plat for a residential subdivision, only one public hearing can be held by law. Except as otherwise provided herein or required by law, other provisions of this Chapter regarding preliminary plat approval are similar for commercial and residential subdivisions.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
“Commercial Subdivision” is defined in CMC 15.01.040 as a commercial subdivision, industrial subdivision, or multifamily subdivision, or any combination thereof, but not including any single-family, two-family, or townhome subdivision that meets the definition of “residential subdivision.” Commercial subdivisions are not subject to the procedures, provisions, and timelines of State law. Commercial subdivisions shall be reviewed and approved in accordance with applicable requirements set forth in this Chapter.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The purpose of the preliminary plat is to require formal preliminary approval of a subdivision as provided herein in order to minimize changes and revisions which might otherwise be necessary on the final plat and to ensure compliance of the subdivision with City ordinances and regulations. The preliminary plat and all information and procedures relating thereto, shall in all respects, be in compliance with the provisions of this Title and any other applicable City ordinances and regulations.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
For commercial subdivisions, an application for preliminary plat approval shall be made within the required time frame set forth in Section 15.02.060 regarding expiration of concept plan approval. For residential subdivisions, an application for preliminary plat approval may be submitted any time after the optional pre-application meeting, if the applicant elects to have a pre-application meeting with the City.
HISTORY
Adopted by Ord. 2019-17 on 8/20/2019
Amended by Ord. 2024-01 on 1/16/2024
The applicant shall file an application for preliminary plat approval with the Community Development Director on a form prescribed by the City, together with three hard copies and one electronic copy of the preliminary plat. At the time of filing the application, the applicant shall pay all application fees and deposits for preliminary plat review as provided in the City Fee Schedule.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
The preliminary plat shall be drawn to scale not smaller than 100 feet to the inch, and shall include the following.
- A north arrow.
- The proposed name of the subdivision.
- The location of the subdivision as it forms part of a larger tract, parcel, or lot.
- A sketch of the prospective future street system of the unplatted portion of the property, and the street system of the part submitted shall be considered in light of adjustments and connections with the future street system of the surrounding area and in accordance with the General Plan.
- A vicinity map of the proposed subdivision, drawn at a scale of 500 feet to the inch, showing all lots and streets in the project, and all abutting streets, with names of the streets.
- The names and addresses of the subdivider, the engineer or surveyor of the subdivision, and the owners of the land immediately adjoining the land to be subdivided.
- A contour map at intervals of at least two feet, showing all unusual topographic features with verification by a qualified engineer or land surveyor.
- Certification of the accuracy of the preliminary plat of the subdivision and any traverse to permanent survey monuments by a land surveyor registered to practice in the State of Utah.
- The boundary lines of the tract, parcel, or lot to be subdivided, with all dimensions shown.
- Existing sanitary sewers, storm drains, subdrains, culinary and secondary water supply mains and culverts and other utilities within the tract or within 100 feet thereof.
- The location, widths, and other dimensions of proposed streets, alleys, easements, parks, and other open spaces and lots with the size of each lot in square footage and proper labeling of spaces to be dedicated to the public.
- The location, principal dimension, recording information, purpose, and name of all existing streets and easements of record as shown on the title report within the proposed subdivision.
- The location, principal dimension, recording information, purpose, and name of existing streets and easements located within 100 feet of the boundary of the subdivision.
- The location and dimensions to the nearest existing bench mark or monument, and section line.
- The location and principal dimensions of all water courses, public utilities, and other important features and existing structures within the land adjacent to the tract to be subdivided, including railroads, power lines, and exceptional topography.
- The location of existing bridges, culverts, surface or subsurface drainage ways, utilities, buildings or other structures, pumping stations, or appurtenances, within the subdivision or within 200 feet thereof, and all known wells or springs (consult Utah State Engineer's Office).
- The location of the 100-year flood plain as determined by the Federal Emergency Management Agency (FEMA).
- Proposed off site and on site culinary and secondary water facilities, sanitary sewers, storm drainage facilities, and fire hydrants.
- A tentative plan by which the subdivider proposes to handle storm water drainage for an event with a 10 year return interval, as determined by the City Engineer.
- Each sheet of the set shall contain the name of the project, scale (not less than 100 feet to the inch), sheet number, north arrow, and date of latest draft or revision.
- Boundary lines of adjacent tracts of unsubdivided land within 100 feet of the tract proposed for subdivision, showing ownership and property monuments.
- A tentative plan for providing street lighting in the subdivision.
- Plans showing any required landscaping and/or parkstrip tree planting.
- If the site requires substantial cutting, clearing, grading, or other earthmoving operations in the construction of improvements, the application shall include a soil erosion and sedimentation control plan prepared by a registered civil engineer.
- Verification as to the accuracy of the plat by the owner.
- Legal description of the outside boundaries of all property located within the subdivision certified by an engineer or surveyor.
- Parcel number for all property within the subdivision and for all property immediately adjoining the property to be subdivided.
- The applicant shall provide with the application the following documents:
- Copies of any agreements with adjacent property owners relevant to the proposed subdivision.
- A comprehensive geotechnical and soils report prepared by a qualified engineer based upon adequate test borings or excavations shall be submitted in accordance with the City Standards and Specifications.
- A preliminary title report current within 30 days of submittal evidencing satisfactory proof of ownership, other land owners of interest, including lienholders, legal description of all property within the subdivision, and easements of record encumbering any property within the subdivision.
- Satisfactory evidence that all utilities and services will be available for the subdivision and that the utilities and easements therefor have been reviewed by the utilities.
- An adequate traffic report prepared by a qualified traffic engineer when required by the Planning Commission.
- If the proposed project is located within 100 feet of a critical flood area as defined by Davis County (which includes Deuel, Parrish, Barnard and Ricks Creek stream channels), the subdivider shall obtain and submit a Davis County Development and Construction permit and provide any required stream channel easements or restricted build areas.
- An American Land and Title Association Survey (“ALTA Survey”) containing information from Table A set forth in the City’s subdivision checklist.
- The subdivider shall comply with all other applicable federal, state and local laws and regulations and shall provide evidence of such compliance if requested by the City.
- Approval of any proposed subsurface drains in accordance with applicable provisions of CMC 9.06 (Subsurface Water) and a copy of proposed protective covenants in all cases where subsurface drains are to be located within the subdivision, as applicable.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
The Community Development Director shall review all preliminary plat applications for completeness in accordance with CMC 15.01.084.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The Community Development Director, upon determining that a preliminary plat application is complete, shall distribute copies of the preliminary plat and plans to such City departments and other agencies or advisors as deemed appropriate.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
Review of preliminary plat applications and plans for residential subdivisions shall be subject to the following timelines and review cycle requirements.
- Review Cycles: The review of the Preliminary Plat Application shall be limited to two (2) review cycles (referred to as Review Cycle 1 and Review Cycle 2) subject to following:
- Review cycle restrictions shall not apply to areas with suspected or identified geologic hazards.
- An incomplete application shall not prohibit review staff from providing feedback on portions of the application submitted to assist in the preparation of a complete application.
- Review Cycle 1:
- The Community Development Director shall provide comments to the applicant on the preliminary plat application within fifteen (15) business days from the date of submittal of a completed preliminary plat application.
- Review of the Preliminary Plat application by the Community Development Director shall include redline corrections and requests for additional information including specific citations of adopted ordinances, standards, and specifications and an index of requested modifications or additions.
- The applicant shall have twenty (20) business days to respond to each of the City’s redline corrections or requests for additional information and shall provide corrected drawings and a written response, identifying and explaining the applicant’s revisions and reasoning for declining to make revisions, if any. The explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of the revisions or additions for each required correction.
- If the applicant fails to respond to all of the City’s redline corrections or request for additional information within the required twenty (20) business days, the review cycle is not complete and the subsequent review cycle may not begin until all comments and requests are addressed by the applicant.
- If the applicant fails to respond to the City’s redline corrections and requests for additional information within ninety (90) calendar days from the date of request from the City, the application shall be deemed withdrawn and all vested rights thereunder shall be deemed expired.
- Review Cycle 2:
- The Community Development Director shall have fifteen (15) business days to review the re-submittal and corrections from the applicant and shall review the revised Preliminary Plat application and any modifications made from Review Cycle 1 and shall provide a second set of redline corrections and requests for additional information including specific citations and an index of requested modifications.
- The applicant shall have twenty (20) business days to respond to the City’s redline corrections or requests for additional information and shall provide corrected drawings and a written response identifying and explaining the applicant’s revision and reasoning for declining to make revision, if any. The explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of the revisions or additions for each required correction.
- If the applicant fails to respond to all of the City’s redline corrections or request for additional information for Review Cycle 2 within the required twenty (20) business days, the review cycle is not complete and the subsequent review cycle or approval may not begin until all comments and requests are addressed by the applicant.
- If the applicant fails to respond to the City’s redline corrections and requests for additional information within ninety (90) calendar days from the date of request from the City, the application shall be deemed withdrawn and all vested rights thereunder shall be deemed expired.
- The Planning Commission shall review and approve the corrected Preliminary Subdivision plat and plans in accordance with CMC 15.03.040 (Preliminary Plat Review and Approval by Planning Commission).
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
- The Planning Commission shall schedule and hold a public hearing on the proposed preliminary subdivision plat. Notice of the public hearing and the public meeting shall be provided in accordance with CMC 15.01.130. At the time and place specified, the Planning Commission shall hold a public hearing and review the submitted preliminary plat for compliance with the standards and criteria set forth in this Title and all other ordinances of the City, including but not limited to the Zoning Code, General Plan, Master Street Plan, and applicable Construction Codes. The Planning Commission may approve, approve subject to modification, or disapprove the submitted preliminary plat, and shall make findings specifying any inadequacy in the application, noncompliance with City ordinances or regulations, questionable or undesirable design and/or engineering, and the need for any additional information which may assist the Planning Commission to evaluate the preliminary plat. The Planning Commission may review all relevant information pertaining to the proposed development including, but not limited to, the following: fire protection; sufficient supply of culinary and secondary water to the proposed subdivision; sewer service; traffic considerations; potential for flooding; etc. The subdivider shall be notified in writing of the action taken by and the findings of the Planning Commission regarding the submitted preliminary plat.
- If the Planning Commission denies preliminary plat approval, no further review of the proposed subdivision shall be made by the Planning Commission and a new preliminary plat shall be required to re-initiate the subdivision process.
- Granting of a preliminary plat approval by the Planning Commission shall not constitute a final approval of the subdivision by the Planning Commission. Nor shall approval of the preliminary plat relieve the subdivider of the responsibility to comply with all required conditions and ordinances, and to provide the improvements and easements necessary to meet all City standards and requirements.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
- Once preliminary plat approval has been granted, the applicant may apply for final plat approval. Preliminary plat approval shall expire and have no further force or effect if a complete application for final plat approval is not submitted within twelve (12) months from the date of approval of the preliminary plat. This time period may be extended for up to six (6) months for good cause shown if the applicant petitions the Planning Commission for an extension prior to the expiration date. Only one extension may be granted for each approved preliminary plat.
- In those cases where a subdivision is proposed to be developed in phases, preliminary plat approval for the remaining portions of the subdivision shall not be voided if a complete application for final plat approval for the first phase is submitted within twelve (12) months from the date of approval of the preliminary plat and subsequent phases are recorded in accordance with the approved phasing plan.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-17 on 8/20/2019
15.04.002 Residential Subdivision15.04.006 Commercial Subdivision15.04.010 Final Plat15.04.020 Final Plat Filing Deadline15.04.025 Final Plat Application And Fees15.04.030 Final Plat Submittal Requirements15.04.040 Final Plat Construction Plans Submittal Requirements15.04.042 Final Plat Completeness Review15.04.044 Final Plat Distribution To Departments15.04.046 Final Plat Review Cycle Requirements For Residential Subdivisions15.04.050 Final Plat Review And Approval By Community Development Director For Residential Subdivisions15.04.060 Final Plat Review And Approval By City Council For Commercial Subdivisions15.04.068 Certification By Mayor15.04.070 Review By City Engineer15.04.080 Review By City Attorney15.04.090 Security For Public Improvements15.04.095 Installation Of Improvements Prior To Recording Final Plat15.04.100 Payment Of Fees15.04.110 Recording Of Final Plat15.04.120 Expiration Of Final Plat Approval“Residential Subdivision” is defined in CMC 15.01.040 as a single-family subdivision, two-family subdivision, or townhome subdivision, or any combination thereof, but not including any other housing product or use type. Based on the provisions of State law. residential subdivisions are subject to different review and approval procedures, including deadlines and review cycle limitations on City review of applications. In accordance with the provisions of State law, the City has designated the Community Development Director as the authorized authority to approve or deny final plat approvals for residential subdivisions. Residential subdivisions are also subject to review cycle timelines and checklist requirements as more particularly provided herein.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
“Commercial Subdivision” is defined in CMC 15.01.040 as a commercial subdivision, industrial subdivision, or multifamily subdivision, or any combination thereof, but not including any single-family, two-family, or townhome subdivision that meets the definition of “residential subdivision.” Commercial subdivisions are not subject to the procedures, provisions, and timelines of State law as adopted in SB 174 (2023). Commercial subdivisions shall be reviewed and approved in accordance with applicable requirements set forth in this Chapter.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The purpose of the final plat is to require formal approval by the authorized land use authority before a subdivision plat is finalized and recorded in the office of the Davis County Recorder and to ensure compliance of the subdivision with applicable ordinances. The final plat and all information and procedures relating thereto shall in all respects be in compliance with the provisions of this Title. The final plat and construction plans submitted shall conform in all respects to those regulations and requirements specified during the preliminary plat procedure.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Application for final plat approval shall be made within the required time frame as set forth in CMC 15.03.050 regarding expiration of preliminary plat approval.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-17 on 8/20/2019
Amended by Ord. 2024-01 on 1/16/2024
The applicant shall file an application for final plat approval with the Community Development Director on forms prescribed by the City, together with three (3) hard copies and one electronic copy of the proposed final plat and construction drawings. At the time of filing the application, the applicant shall pay to the City the application fees and deposits for the final subdivision as set forth in the City Fee Schedule.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
- The final plat shall consist of approved tracing linen with the outside or trim line dimensions of 19" by 30" and the border line of the plat shall be drawn in heavy lines leaving a space of at least 1.5" on the left side and at least 0.5" margin on the other sides, or other format acceptable to the Davis County Recorder.
- The final plat shall be so drawn that the top of the drawing faces either north or west, whichever accommodates the drawing best. All lines, dimensions, and markings shall be made on the tracing linen, mylar, or comparable material, with approved waterproof black ink. The plat shall be made to a scale large enough to clearly show all details, and in any case not smaller than 100 feet to the inch, and workmanship on the finished drawing shall be neat, clean cut and readable.
- The final plat shall show the subdivision name and the general location of the subdivision in bold letters at the top of the sheet.
- The final plat shall contain a north arrow and scale of the drawing and the date.
- The final plat shall be signed by all required and authorized parties, property owners, and lienholders, with appropriate notarial acknowledgments. All property owners of record and all lienholders of record as shown on the title report must sign the final plat. Consent to dedicate signatures with notarial acknowledgement may be approved for minor lienholders of record, as determined by the City Attorney.
- An accurate and complete survey to second order accuracy shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract, and of each block, when computed from field measurements on the ground shall close within a tolerance of one foot to 20,000 feet.
- The final plat shall show accurately drawn boundaries, showing the proper bearings and dimensions of all boundary lines of the subdivision, properly tied to public survey monuments. These lines should be slightly heavier than street and lot lines.
- The final plat shall show all survey, mathematical information, and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including bearing and distance of straight lines, and central angle, radius and arc length of curves, and such information as may be necessary to determine the location of beginning and ending points of curves. All property corners and monuments within the subdivision shall show the calculated Davis County coordinates. Lot and boundary closure shall be calculated to the nearest 100th of a foot.
- All lots, blocks, and parcels offered for dedication for any public purpose shall be delineated and designated with dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for streets or easements shall be clearly designated on the plat with dedication and ownership designation. A plat note or other acceptable recorded document shall be provided describing the ownership and maintenance responsibilities for any remnant or parcel in the subdivision.
- The square footage of each lot and parcel shall be shown. Sufficient linear, angular and curved data shall be shown to determine readily the bearing and length of the boundary lines of every block, lot and parcel which is a part thereof. No ditto marks shall be used for lot dimensions.
- The final plat shall show the right of way lines of each street, and the width of any portion being dedicated and widths of any existing dedications. The widths and locations of adjacent streets and other public properties within 50 feet of the subdivision shall be shown with dotted lines. If any street in the subdivision is a continuation or an approximate continuation of an existing street, the conformity or the amount of nonconformity of such existing streets shall be accurately shown.
- All lots and blocks are to be numbered consecutively under a definite system approved by the Planning Commission. Numbering shall continue consecutively throughout the subdivision with no omissions or duplications.
- All streets within the subdivision shall be numbered (named streets shall also be numbered) in accordance with and in conformity with the adopted street numbering system as set forth in CMC 11.01.160. Each lot shall show the street addresses assigned thereto, and shall be according to the standard addressing system as set forth in CMC 11.01.170. In the case of corner lots, an address will be assigned for each part of the lot having street frontage.
- The side lines of all proposed and existing easements of record as shown on the title report shall be shown by fine dashed lines. The width of all easements and sufficient ties thereto to definitely locate the same with respect to the subdivision shall be shown. All proposed and existing easements of record as shown on the title report shall be clearly labeled and identified.
- The plat shall fully and clearly show all stakes, monuments and other evidence indicating the boundaries of the subdivision as found on the site. Any monument or bench mark that is disturbed or destroyed before acceptance of all improvements, shall be replaced by the subdivider under the direction of the City Engineer. The following required monuments shall be shown on the final plat:
- The location of all monuments placed in making the survey, including a statement as to what, if any, points were reset by ties; and
- All right of way monuments at angle points and intersections as approved by the City Engineer.
- The final plat shall contain the name of the surveyor, together with the date of the survey, the scale of the map and number of sheets.
- In accordance with the provisions of Utah Code § 10-20-803, the final plat shall accurately describe and specify every existing right-of-way and recorded easement located within the plat for: (i) an underground facility; (ii) a water conveyance facility; or (iii) any other utility facility, as such terms are defined in Section 10-20-803, and any water conveyance facility located, entirely or partially, within the plat that is not recorded and of which the owner of land has actual or constructive knowledge, including from information made available to the owner of land in the State Engineer’s inventory of canals or from a surveyor.
- The following certificates, acknowledgments and descriptions shall appear on the title sheet of the final plat, and such certificates may be combined where appropriate:
- Registered land surveyor's "Certificate of Survey";
- Owners dedication certificate and signature line for each property owner of record and significant lienholders;
- Notary public's acknowledgment for each signature on the plat;
- A correct metes and bounds description of all property included within the subdivision;
- Plat shall contain blocks for signature of the Planning Commission, City Engineer, City Attorney, City Council (a signature line for the Mayor and an attestation by the City Recorder);
- A block for the Davis County Recorder shall be provided in the lower right corner of the final plat;
- Such other affidavits, certificates, acknowledgements, endorsements and notarial seals as are required by law, by this title, or by the City Attorney;
- Prior to recordation of the plat, the subdivider shall submit a current title report to be reviewed by the City Attorney; a "current title report" is considered to be one which correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than 30 days before the proposed recordation of the final plat;
- The owner's dedication certificate, registered land surveyor's certificate of survey, and any other certificates contained on the final plat shall be in the form prescribed by the City Standards and Specifications; and
- When a subdivision contains lands which are reserved in private ownership for community use, including common areas, the subdivider shall submit, with the final plat, the name, proposed articles of incorporation and bylaws of the owner, or organization empowered to own, maintain and pay taxes on such lands and common areas.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
The subdivider shall prepare and submit construction plans in accordance with the requirements and standards set forth in CMC 15.07 (Public Improvements) and the City Standards and Specifications.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
The Community Development Director shall review all final plat applications for completeness in accordance with CMC 15.01.084.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The Community Development Director, upon determining that a final plat application is complete, shall distribute copies of the final plat and plans to City departments and other agencies or advisors as deemed appropriate.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
Review of final plat applications and plans for residential subdivisions shall be subject to the following timelines and review cycle requirements.
- Final Plat Review Cycles: The review of the Final Plat Application shall be limited to two (2) review cycles (referred to as Final Plat Review Cycle 1 and Final Plat Review Cycle 2) subject to the following:
- Review cycle restrictions shall not apply to areas with identified or suspected geologic hazards.
- An incomplete application shall not prohibit review staff from providing feedback on portions of the application submitted to assist in the preparation of a complete application.
- Final Plat Review Cycle 1:
- The Community Development Director shall provide comments to the applicant on the final plat application within twenty (20) business days from the date of submittal of a completed final plat application.
- Review of the final plat application by the Community Development Director shall include redline corrections and requests for additional information including specific citations of adopted ordinances, standards, and specifications and an index of requested modifications or additions.
- The applicant shall have twenty (20) business days to respond to the City’s redline corrections or request for additional information and shall provide corrected drawings and a written response identifying and explaining the applicant’s revision and reasoning for declining to make revisions, if any. The explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revision or additions for each required correction.
- If the applicant fails to respond to all of the City’s redline corrections or request for additional information within the required twenty (20) business days, the review cycle is not complete and the subsequent review cycle or approval may not begin until all comments are addressed.
- If the applicant fails to respond to the City’s redline corrections and requests for additional information within ninety (90) calendar days from the date of request from the City, the application shall be deemed withdrawn and all vested rights thereunder shall be deemed expired.
- Final Plat Review Cycle 2:
- The Community Development Director shall have twenty (20) business days to review the re-submittal and corrections from the applicant and shall review the revised final plat application and any modifications made in Final Plat Review Cycle 1and shall, if necessary, provide a second set of redline corrections and requests for additional information including specific citations and an index of requested modifications.
- The applicant shall have twenty (20) business days to respond to the City’s redline corrections or requests for additional information and shall provide corrected drawings and a written response identifying and explaining the applicant’s revision and reasoning for declining to make revision, if any. The explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revision or additions for each required correction.
- If the applicant fails to respond all of the City’s redline corrections or request for additional information for Final Plat Review Cycle 2 within the required twenty (20) business days, the review cycle is not complete and the final plat may not be approved until all comments are addressed by the applicant.
- Upon determination of completion of redline corrections, the Final Plat application shall be retained by the Community Development Director for final approval.
- If the applicant makes a material change to a plan set during any review cycle, the City shall have the discretion to restart the review process at the first review cycle.
- If the applicant fails to respond to the City’s redline corrections and requests for additional information within ninety (90) calendar days from the date of request from the City, the application shall be deemed withdrawn and all vested rights thereunder shall be deemed expired.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The Community Development Director shall review all final plats for residential subdivisions to determine whether the final plat complies with all requirements of this Title and other applicable City ordinances and standards and complies with all conditions imposed as part of preliminary plat approval. Such review shall be performed in accordance with the review cycle provisions and timelines set forth in CMC 15.04.046. If the Community Development Director determines the final plat complies with the requirements of this Title, other applicable ordinances, and any reasonable conditions imposed, that all fees and deposits have been paid as required, and that the Community Development Director is satisfied with the final plat of the subdivision, the Community Development Director may approve the final plat. If the Community Development Director determines the final plat is not in conformity with this Title or other applicable ordinances, or any reasonable conditions imposed, the Community Development Director may deny the final plat specifying the reasons for such denial. Nothing herein shall prevent the Community Development Director from imposing reasonable conditions on approval of a final plat or imposing reasonable conditions precedent which must be met prior to approval of the final plat.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
The City Council shall schedule and hold a public meeting on the proposed final plat for commercial subdivisions. Public notice of the public meeting shall be provided in accordance with the provisions of CMC 15.01.130. At the time and place specified, the City Council shall review the submitted final plat for commercial subdivision to determine whether the final plat complies with all requirements of this Title and other applicable City ordinances and standards and complies with all conditions imposed as part of preliminary plat approval. If the City Council determines the final plat complies with the requirements of this Title, other applicable ordinances, and any reasonable conditions imposed, that all fees and deposits have been paid as required, and the City Council is satisfied with the final plat of the subdivision, the City Council may approve the final plat. If the City Council determines the final plat is not in conformity with this Title or other applicable ordinances, or any reasonable conditions imposed, the City Council may deny the final plat specifying the reasons for such denial. Nothing herein shall prevent the City Council from imposing reasonable conditions on approval of a final plat or imposing reasonable conditions precedent which must be met prior to approval of the final plat. If the City Council determines the final plat is not in conformity with this Title or other applicable ordinances, or any reasonable conditions imposed, the City Council may deny the final plat specifying the reasons for such denial.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
In order to ensure acceptance of dedication of public streets, easement, parcels, or other public property or infrastructure associated with final subdivisions, no final plat shall have any force or effect unless certified and signed by the Mayor and attested by City Recorder. Such certification and attestation shall be required whether the final plat is reviewed and approved by the City Council or not, including residential subdivisions and minor subdivisions that are approved by the Community Development Director.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The City Engineer shall review the final plat and construction plans and determine compliance with the engineering and surveying standards and criteria set forth in this ordinance and all other applicable ordinances of the City and the State of Utah. The City Engineer shall sign the final plat if the City Engineer finds that the subdivision and the construction plans fully comply with the improvement standards required by this Title, that the survey description is correct, and that all easements are correctly described and located. The City Engineer shall complete review of the plat within a reasonable time after the plat is submitted for review to the Engineer. If the final plat complies, the City Engineer shall sign the plat in the appropriate signature block. If the final plat or the construction plans do not comply the City Engineer shall return the plat to the subdivider with comment. For residential subdivisions, the City Engineer’s review and comments on preliminary and final plats, plans, and construction drawings shall be provided to the Community Development Director to be provided to the applicant as part of the City’s limited review cycles and within the required timeframes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
The City Attorney shall review the final plat, the signed subdivision improvements agreement, the current title report, and the security for ensuring completion of the improvements, to verify compliance with the City's dedication and bonding requirements. The City Attorney may also review public easements, protective covenants and other documents where applicable. Upon approval of the items specified in this Section, the City Attorney shall sign the plat in the appropriate signature block. For residential subdivisions, the City Attorney’s review and comments on preliminary and final plats and plans shall be provided to the Community Development Director to be provided to the applicant as part of the City’s limited review cycles and within the required timeframes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
- Prior to recording of an approved final plat, the developer shall enter into an Improvements Agreement acceptable to the City providing security to ensure completion of all public improvements required to be installed in connection with the subdivision. The Improvements Agreement shall be in a form approved by the City Council and may contain specific provisions approved by the City Attorney. The Improvements Agreement shall include, but is not limited to, the following provisions:
- The public improvements shall be completed within a period of time not to exceed eighteen (18) months from the date the Improvements Agreement is fully executed by both parties. The term of the bond and security shall be of sufficient length to cover the construction period and required warranty period.
- The public improvements shall be completed to the satisfaction of the City and in accordance with the City Standards and Specifications, and the approved plans and specifications for the project.
- The security provided for the Improvements Agreement ("Bond") shall be equal to 120% of the City Engineer's estimated cost of the improvements to be installed, including landscaping when required to be installed in connection with the development in accordance with CMC 15.05.070, CZC 12.51 (Landscaping), or other applicable Ordinance.
- The City shall have immediate access to the Bond proceeds in the event of default.
- The Bond proceeds may be reduced at intervals determined by the City upon the request of the developer as improvements are installed and completed. The amount of the reduction shall be determined by the City. Such requests may be made only once every thirty (30) days and no reduction shall be authorized until such time as the City has inspected the improvements and found them to be in compliance with the City Standards and Specifications and the approved plans. All reductions shall be by written authorization of the City with the approval of the City Engineer. No Bond shall be reduced below 10% of the estimated cost of the improvements plus the estimated cost of slurry seal until final acceptance of the improvements by the City Council following the warranty period set forth in CMC 15.05.100.
- If the Bond proceeds are inadequate to pay the cost of the completion of the improvements according to the City Standards and Specifications and approved plans, for whatever reason, including previous reductions, the developer shall be responsible for the deficiency and no further building permits shall be issued in the subdivision until the improvements are completed or, with City Council approval, a new, satisfactory Bond has been executed and delivered to the City, or other satisfactory arrangements have been made to ensure completion of the remaining improvements.
- In the event of default by the developer, the City's costs of administration, cost of obtaining the Bond proceeds, and costs of completing the improvements, including, but not limited to, administrative, engineering, legal, labor and materials costs, shall be deducted from any Bond proceeds. A minimum amount equal to 15% of the actual costs of the improvements shall be retained by the City as payment for its administrative costs expended in drawing on the Bond. The developer shall be required to reimburse the City for any deficiencies in the Bond funds to pay for such costs incurred by the City.
- The developer shall hold the City harmless from any and all liability which may arise as a result of the improvements which are installed until such time as the City certifies the improvements are complete and accepts the improvements, subject to the developer's warranty obligations set forth in CMC 15.05.100.
- No interest shall be paid on funds withheld by the City for Improvement Agreements and associated Bonds. Such interest shall be retained by the City as an administrative fee for administering, monitoring, and managing the Improvements Agreements and Bonds.
- The Improvements Agreement shall be one of the following types as prescribed by the City:
- A cash bond agreement accompanied by a cashier's check payable only to the City; or
- An escrow agreement and account with a federally insured bank or credit union. If the bank is located outside of the State of Utah and/or requires presentment of the sight draft outside of the State of Utah, additional language shall be provided in the Bond allowing for presentment by fax or other electronic means acceptable to the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-16 on 8/20/2019
Amended by Ord. 2024-01 on 1/16/2024
Pursuant to Utah Code § 10-20-807, after approval of the final plat and final construction drawings by the City, the developer may engage in certain limited development activities to install required public improvements associated with the subdivision prior to recording of the final plat, subject to the developer entering into an "Infrastructure Development Agreement (Prior to Recording Final Subdivision Plat)" with the City as approved by the City Council.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
All required and unpaid fees, deposits, and bonds shall be paid or posted, as applicable, by the subdivider to the City prior to recording of the final plat.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
After Community Development Director or City Council approval of the final plat, as applicable, filing of the Bond Agreement and Bond described in CMC 15.04.090, payment of all required fees and deposits, compliance with all conditions of approval and applicable ordinances, and signing of the plat by all required parties, property owners and lienholders, the final plat may be presented by the City Recorder to the Davis County Recorder for recordation. The City Recorder shall be responsible for recording all final subdivision plats and related documents. The developer is not authorized to record a final subdivision plat.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Final plat approval shall expire and have no further force or effect if the approved final plat is not recorded within twelve (12) months from the date of approval. This time period may be extended for up to six (6) months for good cause shown if the subdivider petitions the Community Development Director or City Council, as applicable, for an extension prior to the expiration date. Only one extension may be granted for each approved final plat. No extension will be granted for final plat approval if it is determined that it will be detrimental to the City. If any of the fees charged as a condition of subdivision approval have increased, the City may require that the bond estimate be recalculated and that the subdivider pay any applicable fee increases or provide additional bond funds as a condition of granting an extension.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-17 on 8/20/2019
Amended by Ord. 2024-01 on 1/16/2024
15.05.010 Subdivision Layout15.05.020 Lots15.05.030 Streets And Related Improvements15.05.040 Protection Strips15.05.050 Drainage15.05.060 Utilities15.05.070 Landscaping15.05.080 Orderly Development Required15.05.090 Building Permits15.05.100 Warranty Period- The subdivision layout shall conform to the General Plan.
- Where trees, groves, waterways, scenic points, historic spots or other City assets and landmarks are located within a proposed subdivision, reasonable steps should be taken to preserve these features.
- Where a railroad right of way abuts a subdivision, the plat shall make provisions for future grade separations whenever the City shall find such a requirement to be necessary.
- The width of each block shall be sufficient for an ultimate layout of two tiers of lots therein of a size required by the provisions of this Title, unless the general layout of the vicinity, line of ownership, topographical conditions, or locations of arterial streets or freeways justify or make necessary a variation from this requirement. The minimum width of a block shall not be less than 250 feet measured from center line of street to center line of street.
- The maximum length of blocks shall be 1200 feet. In blocks over 800 feet in length, a dedicated public walkway through the block, at approximately the center of the block, may be required. Such walkways shall not be less than 10 feet in width unless otherwise approved by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
- All subdivisions shall result in the creation of lots which are developable and capable of being built upon. A subdivision shall not create lots which would make improvement impractical due to size, shape, steepness of terrain, location of watercourses, problems of sewerage, driveway grades, or other physical conditions.
- All lots or parcels created by the subdivision shall have frontage on a dedicated street, improved to standards hereinafter required, equal to at least 50% of its minimum required width. Land designated as public right of way shall be separate and distinct from lots adjoining such right of way and shall not be included in the area of such lots.
- The minimum area and dimensions of all lots shall conform to the requirements of the Zoning Code for the district in which the subdivision is located.
- The side lines of all lots, so far as possible, shall be at right angles to the street which the lots face, or approximately radial to the center of curves, if such street is curved. Side lines of lots shall be approximately radial to the center of a cul de sac on which the lots face. In limited circumstances, the subdivision plat approving authority may authorize an exception to this requirement upon a showing of good cause.
- Corner lots for residential use should be platted 10 feet wider than interior lots in order to facilitate conformance with the required street setback requirements of the Zoning Code.
- A lot shall not be divided by a City limit line. Each such boundary line should be made a lot line.
- Remnants of property shall not be left in the subdivision which do not conform to lot requirements or are not required or suitable for common open space, private utility, public purpose, or other purpose approved by the subdivision plat approving authority.
- Double frontage lots are not permitted unless approved by the subdivision plat approving authority. Double frontage lots may only be approved when backing on the following streets:
- Main Street, both sides;
- Frontage Road (800 West).
- Parrish Lane west of Main Street, both sides;
- Pages Lane west of 400 East, both sides;
- Porter Lane from Main Street to 400 West, south side only; and
- 400 West from Parrish Lane to 1375 North both sides.
- The street frontage adjacent to the rear of approved double frontage lots shall be improved by the subdivider in accordance with the standards set forth in the City Standards and Specifications.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
- Subdividers shall locate streets within the subdivision so that the streets connect with existing streets. If the adjoining land is zoned for residential use, streets shall be located so that the adjacent land may be most efficiently subdivided.
- Dedication of half streets is prohibited unless: a full right of way is to be obtained; curb, gutter, and sidewalk is constructed on the subdivider's side; and a minimum of 28 feet of asphalt is laid. The balance of street improvements will be provided by the applicable property owner.
- All streets should conform to the width designated by the Master Street Plan wherever a subdivision is in an area for which a Master Street Plan has been adopted. For territory where the Master Street Plan does not designate a street, streets shall be provided as required by the subdivision plat approving authority.
- Curbs, gutters, and sidewalks shall be installed on existing and proposed streets by the applicant in all subdivisions.
- Local streets shall approach an arterial or collector street at an angle of at least 85 degrees. Grades for streets shall be a minimum of 0.5% and a maximum of 12% for all streets except major and minor arterials which shall be 10% maximum.
- Cul de sacs shall serve no more than 20 lots or units; shall be no longer than 400 feet, measured from the center point of the turn around to the center line of the intersecting street; and must be terminated with a turn around of not less than 100 feet in diameter. Downhill cul de sacs are not permitted unless adequate drainage and 100 year over flow is provided and such downhill cul de sacs must be approved by the subdivision plat approving authority and City Engineer.
- Where a street is designed to remain only temporarily as a dead end street, a satisfactory temporary turn-around area and recordable easement shall be provided at the end thereof to remain and be available for public use so long as the dead end exists. The City may require improvements to be installed in temporary turn-around areas.
- To assure conformity, the City shall furnish and install all required street signs and the cost thereof shall be charged to and paid by the subdivider in accordance with the City Fee Schedule.
- Permanent monuments shall be furnished, accurately established, and set by the subdivider's surveyor at such points as are necessary to definitely establish all lines of the plat except those defining individual lots.
- City approved street lights shall be installed at all street intersections, school or pedestrian crossings, or at bends or curves in the street by the subdivider.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
- Purpose. It is the intent and purpose of this Section that protection strips be authorized and approved by the City only in limited circumstances. It shall be the obligation of every developer desiring the approval of a protection strip to demonstrate to the City's satisfaction that approval of a protection strip is necessary to equitably allocate the burdens associated with development, and that the developer has exercised all other available options in pursuit of an equitable cost-sharing arrangement with contiguous property owners.
- Protection Strips Allowed. Where subdivision streets parallel contiguous property of other owners with approval of the City Council, and upon satisfaction of the requirements contained within this Section, developer may be authorized to retain ownership a protection strip of not less than one foot in width or greater than 10 feet in width, unless otherwise justified, between the street and adjacent property. All protection strips shall be located outside of but adjacent to the proposed right-of-way to be dedicated or other property designated for future public use and shall be maintained by the developer.
- Agreement. Approval of a request for a protection strip shall be conditioned upon the execution of an agreement between the City and the developer setting forth the terms and conditions of the granting of the protection strip including the duration of the agreement, the conditions of repayment and conveyance of the protection strip property, and the specific location of the protection strip. The agreement shall be approved by the City Council and shall be recorded in the office of the Davis County Recorder. In addition, a protection strip shall be clearly shown on the subdivision plat map and shall be specifically indicated as undedicated property and a protection strip.
- Limited Duration. In the event any protection strip has not been conveyed or dedicated to the adjacent property owner within 20 years from the date of the protection strip agreement, the developer or its representatives, successors and/or assigns shall convey title to the protection strip property to the City by special warranty deed, acceptable in form to the City. To secure developer's performance of this obligation, the City shall require that a deed be placed in escrow as a part of the protection strip agreement. The protection strip agreement and all obligations of the City regarding the protection strip shall terminate at the time the special warranty deed conveying the protection strip to the City is recorded.
- Administration Fees. The City Council hereby finds that protection strips create an administrative burden on the City, which burden should properly be borne by the developer requesting approval of a protection strip. Before a protection strip agreement is approved or amended by the City, the developer desiring approval of or amendment to a protection strip agreement shall pay the City the administrative fees and deposits required for protection strips as set forth in the City Fee Schedule.
- Cost Allocation. The protection strip agreement shall require that upon development of property adjacent to the protection strip, the developer convey the property contained within the protection strip to the adjacent property owner for consideration to be set forth within the agreement. Such consideration shall be calculated by the City Engineer and shall be the sum of the following criteria: (1) the fair cost of the land held in the protection strip at the time of the agreement; (2) the cost of the street and utility improvements properly chargeable to the adjacent property; (3) a proportionate share of the value of the land in the street at the time of the agreement, as determined by the City Engineer; and (4) any additional amounts which the City Engineer deems reasonably necessary with respect to the protection strip or the agreement.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
- The subdivider shall construct and install a storm water drainage system within the subdivision which shall be constructed of materials and according to the City Standards and Specifications and the requirements of the Storm Drainage Master Plan.
- The subdivider shall dedicate a right of way of 15 feet in width or greater as required by the City for storm drainage conforming substantially with the lines of any natural watercourse or channel, stream, creek, irrigation ditch, or floodplain that enters or traverses the subdivision as determined by Davis County Flood Control and/or the City Engineer. The subdivider shall also dedicate rights of way for any pipe, conduit, channel, and retention or detention area as recommended by the City Engineer.
- The storm water drainage system for subdivider's subdivision shall be connected to an approved off site storm drain or facility acceptable to the City.
- Storm drain, cross gutters, dipstone inlets, and other appurtenant structures shall be provided by the subdivider (within the limits of the subdivision) as required to adequately dispose of storm waters and the 10 year frequency storm flows developed within the limits of the subdivision and the existing flows entering the proposed subdivision from adjacent properties.
- All storm water drainage systems, improvements and facilities installed by the developer shall comply with applicable provisions of CMC 16 (Stormwater), and shall require videotaping prior to final inspection in accordance with City Fee Schedule.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- All utilities, including cable TV conduits, shall be provided through underground service, except where existing utilities are already in place. All underground utilities specified in this Section shall be installed prior to the installation of road base, surfacing, curbs, gutters and sidewalks. Underground utilities shall be installed only after streets have been rough graded to a line and grade approved by the City Engineer. If underground utilities are not installed prior to street surfacing sleeves shall be required.
- A culinary water supply, which must be approved by the City Engineer shall be available to each lot in the subdivision and shall be provided in conformance with the standards and rules and regulations of the City and requirements of the City Engineer. Where an approved public water supply is available, the City shall cause to be installed, at the subdivider's expense, water mains, valves, pressure reducing valves, and service laterals to each lot within the subdivision.
- Fire hydrants shall be installed by the City, at the subdivider's expense, at locations determined by the City Engineer and the Fire Department. Hydrants located within 350 feet of any building site in the subdivision shall be charged with water and must be operable before a building permit may be issued. Fire hydrant spacing shall not exceed 400 feet.
- The subdivider shall connect with a public sanitary sewer and provide sewer mains and extend laterals from the sewer main to each lot in the subdivision.
- Secondary water for the purpose of irrigation shall be made available to each lot in all residential subdivisions. The City Council may require nonresidential subdivisions to acquire secondary water. Construction of irrigation water facilities shall be subject to the approval of the appropriate pressure irrigation district, as signified by its letter of approval. The lines shall meet City culinary waterline standards and specifications. "As builts" shall be provided by the developer and submitted to the City prior to final inspection. Valves shall be located sufficient for adequate control of service areas, as approved. The subdivider will be required, at its own expense, to construct all required off site facilities to connect to existing irrigation district facilities. The size of service connections allowed will be determined by the irrigation district. Two lots may be served by a common service line, divided, where desirable. The applicable connection fee shall be paid to the irrigation district prior to their approval of the final plat.
- The use of any subsurface drains within a subdivision may be permitted on a limited basis, as deemed appropriate by the City, in accordance with the procedures and requirements set forth in CMC 9.06 (Subsurface Water) regarding subsurface drains, and shall require videotaping prior to final inspection in accordance with CMC 9.06.080.
- City approved street lights shall be installed at all street intersections, school or pedestrian crossings, and at bends or curves in the street at intervals specified in the City Standards and Specifications.
- Utility easements shall be provided within the subdivision as required for public utility purposes. All lots shall have at least a 10' wide front yard public utility easements, and at least two other 7' wide side or rear yard public utility easements. Additional easements, or increased width of easements, may be required as necessary to provide for adequate utility service and/or drainage within the subdivision and adjoining parcels. The City may also require separate waterline, storm drain or other utility easements for City owned facilities.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Whenever, in the opinion of the subdivision plat approving authority, the cuts and fills in a subdivision are of sufficient size or visibility to demand special treatment, the subdivider may be required to landscape such areas with suitable permanent plant materials and to provide for the maintenance of such landscaping. The subdivider shall submit a landscaping plan for review and approval by the City. The landscaping plan shall indicate how maintenance of the landscaping will be performed and by whom.
- Subdivisions in the Hillside Overlay Zone shall comply with all landscaping provisions of the Zoning Code, including, but not limited to, provisions of CZC 12.42 (Hillside Overlay Zone).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Whenever the subdivider shall develop a subdivision, such development shall be in an orderly manner and in such a way that the required improvements will be continuous and available as necessary during construction activities within the subdivision and that all of the improvements will be made available for the full, effective, and practical use and enjoyment thereof by the purchaser, grantee, assignee, transferee, or lessee of any of the lands subdivided within the time herein provided or in phases specified.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Except as otherwise provided in CMC 15.01.070, it shall be unlawful for any person to receive a building permit for a lot within a subdivision until water, sewer, storm drainage and all other required underground utilities located under the street surfaces within the subdivision are installed, inspected and approved by the City for the entire subdivision, and all streets in the subdivision are rough graded. It shall be the responsibility of the subdivider to allow no human occupancy until all necessary utilities are installed and basic improvements are adequate to render the subdivision habitable which improvements shall include paved streets. It shall be unlawful for any subdivider to sell any portion of an approved subdivision until the prospective buyer or builder has been advised that occupancy will not be permitted until all required improvements are completed.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The developer shall be required to warrant the developer's installed and accepted public improvements (and landscaping required to be bonded) comply with the City Standards and Specifications and applicable ordinances for design, materials, and workmanship, and will not fail in any material respect as a result of poor workmanship or materials within the required warranty period. The warranty period shall commence upon the date that all improvements required by the City to be installed within the subdivision have been completed to the satisfaction of the City, a final inspection of the improvements has been made, and the City has accepted the improvements ("Final Acceptance"). Except as otherwise provided herein, the warranty period for public improvements shall commence on the date of Final Acceptance and shall continue for a period of one year. As provided in Utah Code § 10-20-102, the City may require a two year warranty period for improvements (and landscaping required to be bonded) if the City determines for good cause that a lesser period would be inadequate to protect the public health, safety, and welfare; and the City has substantial evidence on record of: (1) prior poor performance of the applicant; or (2) that the area upon which the infrastructure or improvements will be constructed contains suspect soil and the City has not otherwise required the applicant to mitigate the suspected soil. If any deficiencies are found by the City during the warranty period in the design, materials, or workmanship or failure of the improvements to comply with City Standards and Specifications or applicable ordinances, the developer shall promptly resolve such defects or deficiencies and request the City Engineer to reinspect the improvements. In the event the developer fails to remedy any defects or deficiencies during the warranty period, the City may use the Bond proceeds in accordance with the terms and conditions of the Improvements Agreement. At the end of the warranty period, the developer shall request the City Engineer to make a final warranty period inspection of all improvements. If the City Engineer verifies that the improvements are acceptable, the City Engineer shall notify the City Manager who shall refer the matter to the City Council. The City Council shall then review the matter and upon approval of the same shall release the balance of the security posted by the developer under the Improvements Agreement.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
15.06.010 Planned Unit Development15.06.020 Non-Residential Subdivision Requirements- Design Standards. The design of the preliminary and final plats of the project in relation to streets, blocks, lots, common open spaces, and other design factors shall be in harmony with the intent of the General Plan and design standards recommended by the subdivision plat approving authority. Streets shall be so designed as to take advantage of open space vistas and create drives with a rural or open space character.
- Provisions for Common Open Space. The subdivider of a cluster subdivision or PUD shall submit plans of landscaping and improvements for the common open space. The subdivider shall also explain the intended use of the open space and provide detailed provisions of how the improvements thereon are to be financed and the area maintained. A project must meet the requirements of the Zoning Code, must assure proper use, construction, and maintenance of open space facilities, and must result in a development superior to conventional development in terms of its benefits to future residents of the project, surrounding residents, and the general public. The subdivision plat approving authority may place additional conditions or restrictions it may deem necessary to insure development and maintenance of the desired residential character, including plans for disposition or reuse of property if the open space used is not maintained in the manner agreed upon or is abandoned by the owners.
- Guarantee of Common Open Space Improvements. As assurance of completion of common open space improvements, the subdivider at the request of the subdivision plat approving authority, shall be required to file with the City, an acceptable bond, or other agreement, in a form satisfactory to the City Attorney guaranteeing such completion within two years after such filing. Upon completion of the improvements for which a bond or other agreement has been filed, the subdivider shall call for inspection by the City Engineer, such inspection to be made within 14 days from the date of request. If inspection shows that landscaping and construction have been completed in compliance with the approved plan, the bonds or security therefore shall be released. If the bonds or security are not released, refusal to release and reasons therefore shall be given the subdivider in writing.
- Continuation of Common Open Space. As assurance of continuation of common open space used in accordance with the plans approved by the subdivision plat approving authority, the subdivider shall grant to the City, an "Open Space Easement" on and over the common open space prior to the recording to the final plat, which easement will not give the general public the right of access, but will provide that the common open space remains open.
- Maintenance of the Common Open Space. In order to insure maintenance of the common open space and other improvements where so required, the subdivider, prior to the recording of the final plat, shall cause to be incorporated under the laws of the State of Utah, a homeowners or property owners association. By proper covenants running with the land and through the articles of incorporation and by laws of the association, it shall among other things, be provided:
- That the membership in the association shall be mandatory for each lot or dwelling unit purchaser, their guarantees, successors, and assigns.
- That the common open space restrictions shall be permanent and not just for a period of years.
- That the association shall be responsible for maintaining liability insurance, paying general property taxes, and maintaining recreational and other facilities.
- That all lot, unit, or homeowners shall pay their pro rata share of the cost of upkeep, maintenance, and operation.
- That any assessment levied by the association may become a lien on the real property of any lot, unit, or homeowner which may be foreclosed and the property sold.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
- The street and lot layout of a nonresidential subdivision shall be appropriate to the land for which the subdivision is proposed, and shall conform to the proposed land use and standards established in the General Plan and the Zoning Code.
- In addition to the principles and standards in this Title which are appropriate to the planning of all subdivisions, the subdivider shall demonstrate to the satisfaction of the subdivision plat approving authority that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:
- Proposed commercial, industrial or manufacturing parcels shall be suitable in area and dimensions to the types of commercial, industrial or manufacturing development anticipated, and to the requirements of the Zoning Code.
- Street rights of way and pavements shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereon.
- Special requirements may be imposed by the City with respect to street, curb, gutter and sidewalk design and construction.
- Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer and storm water drainage.
- Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries or adjacent existing or potential residential areas, or connected to streets intended for predominantly residential traffic.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
15.07.010 Standards And Specifications15.07.020 Construction Plans15.07.030 Submittal Requirements15.07.040 Preconstruction Meetings15.07.050 Inspection15.07.060 Requests For Inspection15.07.070 Correcting Defective WorkThe City Council has established and adopted City Standards and Specifications setting forth standards and specifications for the design, construction, and inspection of public improvements. Any installation, construction, alteration, repair, maintenance or other work regarding public improvements or any work within the public rights of way within the City shall comply with the City Standards and Specifications. Any additional standards and specifications or amendments thereto for design, construction specifications, inspection of the street improvements, curbs, gutters, sidewalks, and standards for design, construction specifications and inspection of water distribution systems, sewage disposal facilities, storm drainage, and flood control facilities shall be prepared by the City Engineer. Any additional standards and specifications or amendments thereto for fire hydrants shall meet the requirements of any federal, state and local governmental entities having jurisdiction over the same. All subdivision standards and specifications and amendments thereto which are under the control of the City shall be in writing and approved by the City Council before becoming effective. All subdividers shall comply with the City Standards and Specifications adopted by the City Council. All public improvements shall be installed in accordance with the City Standards and Specifications, the requirements of the City Engineer, the subdivision improvements agreement between the subdivider and the City, and all other applicable City Ordinances and regulations.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Complete and detailed construction plans and drawings of all improvements shall be prepared in conformance with the City Standards and Specifications. Construction plans and drawings shall be submitted to the Community Development Department and the City Engineer for review at the same time the final plat is being reviewed. Final approval of the project shall not be granted until the plans have been reviewed and recommended for approval by the City Engineer. Except as otherwise provided in Section 15.04.095, no construction shall be started until the final plat has been recorded and the construction plans have been approved by the City. Plans for all the street utilities shall be drawn on the same plans.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- The submittal standards set forth in this Section are for the purpose of standardizing the drawings and to obtain uniformity in appearance, clarity, size and reproduction.
- Three hard copies and one electronic copy of construction plans shall be submitted with one set to be retained by the City Engineer, one set to be furnished to the City, and one set returned to the subdivider for corrections and revisions. After corrections and revisions by the subdivider, three hard copies and one electronic copy of the revised construction plans shall be submitted for final review by the City Engineer.
- All drawings and/or prints shall be clear and legible and conform to good engineering and drafting practice. Size of drawings shall be 24" x 36" (trim line) with 2" border on top, bottom, and right sides, and 1.5" border on the left side.
- The plans shall include the following information:
- North arrow (plan)
- Elevations referenced to U.S.G.S. datum
- Stationing and elevations for profiles
- Title block located in lower right corner of sheet to include:
- Project title (subdivision, etc.)
- Specific type and location of work
- Name of engineer or firm preparing drawings with license number
- Utah Engineers stamp shall be required on all construction plans
- Date of plans
- Scale 1" = 20' or 1" = 40' horizontally; 1" = 2' or 4' vertical.
- Both plan view and profiles for curb and gutter plans shall be shown for each side of the street; street center line profile may be eliminated. Top of curb elevations with curve data must be shown for all curb returns.
- Size and location of culinary water lateral mains, meters, valves and hydrants (these plans to be finalized by the City Engineer).
- Type of pipe.
- Size and location of irrigation lateral mains, valves, fittings, etc.
- Size and location of sewer, storm drains, and subdrains, and manhole cleanouts.
- As needed, each set of plans shall be accompanied by a separate sheet of details for structures which are to be constructed.
- All structures shall be designed in accordance with minimum requirements established by the City Standards and Specifications.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Prior to excavating or starting of any work, the subdivider shall call the City Engineer to meet together for a preconstruction meeting. The subdivider shall bring to the meeting all contractors responsible to build the improvements associated with the project. The purpose of this meeting shall be to:
- Verify recordation of the plat and final approval of the plans;
- Determine schedule of construction;
- Determine names, addresses and phone numbers of contractors, inspectors and all persons involved;
- Review plans and special conditions or requirements;
- Review bond reduction request;
- Coordinate inspection and testing; and
- Discuss City Standards and Specifications.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Construction work involving the installation of public improvements in subdivisions shall be subject to inspection by the City Engineer. All inspections shall be conducted with reasonable diligence and based on objective inspection standards.
- Daily inspection shall be required on the following types of work:
- Laying of street surfacing.
- Placing of concrete for curb and gutter, sidewalks, and other structures.
- Laying of drainage pipe, water pipe, valves, hydrants and testing.
- Periodic inspection shall be required on the following:
- Street grading and gravel base.
- Excavations for curb and gutter and sidewalks.
- Excavations for structures.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Requests for inspections shall be made to the City Engineer by the person responsible for the construction. Requests for inspection on work shall be made one working day prior to the commencement of the work.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Inspections shall be made by the City Engineer after various phases of the construction work is completed. Any faulty or defective work shall be corrected by the subdivider or subdivider's contractor within a period of 30 days from the date of City Engineer's inspection wherein the faulty or defective work is noted and written notice is given to the subdivider and/or contractor.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
HISTORY
Repealed by Ord. 2024-02 on 1/16/2024
15.09.010 Plat Amendment15.09.020 Plat Amendment Submittal Requirements15.09.030 Plat Amendment Completeness Review15.09.040 Plat Amendment Distribution To Departments15.09.050 Plat Amendment Review Cycle Requirements For Residential Subdivision15.06.060 Plat Amendment Approval Procedures15.09.070 Public Hearing Requirements For Commercial Subdivision Plat Amendments15.09.080 Plat Amendment Notice Requirements15.09.090 Grounds For Vacating Or Amending A Plat15.09.100 Recording Of Amended Plat15.09.110 Effect Of Street Vacation15.09.120 Compliance With Ordinances15.09.130 Subdivision Name Change15.09.140 Exchange Of Title15.09.150 Plat Correction15.09.160 Plat Amendment Appeal15.09.170 Plat Amendment ExpirationAny fee owner of property, as shown on the last county assessment roll, in a recorded subdivision plat may file an application to amend or vacate some or all of the subdivision plat. Any application to amend or vacate a subdivision plat shall be filed in writing to the Community Development Director.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
The plat amendment application shall include all submittal requirements for final plat application as set forth in CMC 15.04 (Final Plat). The applicant for a plat amendment shall be required to prepare and submit a final plat for recording in accordance with the requirements of CMC 15.04.030 and comply with all public improvement, bonding, recording, and other applicable requirements for final plats as set forth in this Title. Plat amendment applications shall also include the following:
- The name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition;
- The signature of each owner identified in Subsection (a) who consents to the petition;
- The appropriate fees and deposits as set forth in the City Fee Schedule;
- An amended plat that complies with all the provisions and requirement for final plat as set forth in CMC 15.04.030 and the provisions of Utah Code § 10-20-803, regarding plat requirements;
- If the petition proposes to vacate some or all of a public street, right-of-way, or easement, the petition shall also include:
- The name and address of each owner of record of land that is:
- Adjacent to the public street, right-of-way, or easement; or
- Accessed exclusively by or within 300 feet of the public street, right-of-way, or easement; and
- The signature of each owner under Subsection (1) who consents to the vacation.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
The Community Development Director shall review all plat amendment applications for completeness in accordance with CMC 15.01.084.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The Community Development Director, upon determining that the application is complete, shall distribute copies of the plat amendment to City departments and other agencies or advisors as deemed advisable.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The Community Development Director shall review the plat amendment for compliance with this Title and applicable City ordinances. If the plat amendment is a residential subdivision as defined in CMC 15.01.040, then the timelines and review cycle provisions of CMC 15.04.046 (Final Plat Review Cycle Requirements) shall apply to the City’s review of the plat amendment.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
Except as otherwise provided herein, the Community Development Director is authorized to approve plat amendments for residential subdivisions in accordance with the procedures set forth in CMC 15.04 regarding Community Development Director approval of final plats for residential subdivisions. The City Council is authorized to approve plat amendments for commercial subdivisions in accordance with the procedures set forth in CMC 15.04 regarding City Council approval of final plats for commercial subdivisions regardless. The City Council shall consider the plat amendment at a public meeting and shall hold a public hearing, if required, in accordance with the provisions of CMC 15.09.030. The Community Development Director or City Council, as applicable, may require as part of the approval of the plat amendment any improvements or utility easements that are required of other subdivisions, as set forth in this Title. Any plat amendments involving the vacation of some or all of a public street, right-of-way, or easement, must be approved by the City Council, regardless of whether such plat amendment involves a residential or commercial subdivision.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
- The City Council shall hold a public hearing on commercial subdivision plat amendments to the extent required by law as more particularly provided herein.
- Pursuant to State law, the City Council is required to hold a public hearing on a plat amendment within 45 days after the day on which a completed application is filed if: (i) any owner within the plat notifies the City of the owner’s objection in writing within 10 days of mailed notification; or (ii) a public hearing is required because all of the owners in the subdivision have not signed the revised plat.
- The City Council is not required to hold a public hearing on the proposed plat amendment if: (i) the petition seeks to join two or more of the owner’s contiguous, residential lots; and (ii) notice has been given to adjacent property owners in accordance with applicable City Ordinances and State law.
- If the petition proposes to vacate some or all of a public street, right-of-way, or easement, the public hearing and notice thereof shall be conducted in accordance with the provisions of Utah Code § 10-20-208.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
- The City shall provide notice of public meetings and public hearings regarding a petition for plat amendment in accordance with the provisions of CMC 15.01.130 regarding public hearings and public meetings.
- In addition to the notice requirements set forth in CMC 15.01.130, notice of all plat amendments shall be provided in accordance with Utah Code § 10-20-207. Pursuant to Section 10-20-208, the City is required to provide notice of the date, time, and place of at least one public meeting regarding the proposed plat amendment, which notice shall be provided at least 10 calendar days before the public meeting and shall be:
- Mailed and addressed to the record owner of each parcel within 300 feet of the property proposed for subdivision plat amendment; or
- Posted on the property proposed for subdivision plat amendment in a visible location with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passers-by.
- In addition to the notice requirements set forth in this Section, notice of all plat amendments involving a vacation or amendment to a public street, right-of-way, or easement shall be provided in accordance with Utah Code § 10-20-208. Pursuant to Section 10-20-208, the City is required to provide notice of the date, time, and place of the public hearing regarding a plat amendment involving the vacation or amendment to a public street, right-of-way, or easement at least 10 days before the public hearing, which notice shall be:
- Mailed to the record owner of each parcel that is accessed by the public street, right-of-way, or easement;
- Mailed to each affected entity;
- Posted on or near the street, right-of-way, or easement in a manner that is calculated to alert the public;
- Published on the City website until the public hearing concludes; and
- Published on the Utah Public Notice Website.
- Pursuant to Utah Code § 10-20-811, the City shall provide notice of all plat amendment petitions by mail, email, or other effective means to each affected entity that provides a service to an owner of record of the portion of the plat that is being vacated or amended at least 10 calendar days before the City Council may approve the vacation or amendment of the plat.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2021-10 on 6/1/2021
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
- The Community Development Director or City Council, as applicable, may approve the vacation or amendment of a subdivision plat that does not include the vacation of some or all of a public street, right-of-way, or easement, by signing an amended plat showing the vacation or amendment, if the Community Development Director or City Council, as applicable, finds:
- There is good cause for the vacation or amendment; and
- No public street, right-of-way or easement has been vacated or amended.
- The City Council may approve the vacation or amendment of a subdivision plat that includes the vacation of some or all of a public street, right-of-way, or easement, by adopting an ordinance granting the petition to vacate some or all of a public street, right-of-way, or easement, and recording the ordinance and/or an amended plat reflecting the vacation, if the City Council finds:
- Good cause exists for the vacation; and
- Neither the public interest nor any person will be materially injured by the vacation.
- The City Council may vacate a subdivision or a portion of a subdivision by making the findings set forth in Subsection (a) or (b), as applicable, and recording in the Davis County Recorder’s Office an ordinance describing the subdivision or the portion of the subdivision being vacated.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
The City shall ensure that any approved amended plat is recorded in the Davis County Recorder’s Office. An amended plat may not be submitted to the county recorder for recording unless it is signed, acknowledged, and dedicated by each owner of record of the portion of the plat that is amended. A management committee may sign and dedicate an amended plat as provided in the Utah Condominium Ownership Act, as set forth in Utah Code §§ 57-8-101, et seq. Pursuant to Utah Code § 10-20-812, if an amended plat is approved and recorded in accordance with this Chapter, the recorded plat shall vacate, supersede, and replace any contrary provision in a previously recorded plat of the same land.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
In accordance with Utah Code § 10-20-813, any action of the City Council approving the vacating of some or all of a public street, right-of-way, or easement, that has been dedicated to public use operates to the extent to which it is vacated, upon the effective date of the recorded plat, as a revocation of the acceptance of and the relinquishment of the City’s fee in the vacated street, right-of-way, or easement, and may not be construed to impair any right-of-way or easement of any lot owner or the franchise rights of any public utility.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
All plat amendments shall comply with and be subject to City Ordinances, including, but not limited to, applicable provisions of this Title and the Zoning Code, and applicable provisions of Utah Code § 10-20-811, regarding the vacating or amending of a subdivision plat.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
- An owner of land may not submit for recording an amended plat that gives the subdivision described in the amended plat the same name as a subdivision in a plat already recorded in the Davis County Recorder’s Office.
- The name of a recorded subdivision may be changed by recording an amended plat making that change in accordance with the procedures set forth in Utah Code § 10-20-811, and the provisions set forth in this Chapter regarding plat amendments.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
- In accordance with the provisions of Utah Code § 10-20-811, the owners of record of adjacent parcels that are described by either a metes and bounds description or a recorded plat may exchange title to portions of those parcels if the exchange of title is approved by the Zoning Administrator in accordance with the provisions of this Section.
- An application for exchange of title approval shall be filed in writing with the Community Development Director on forms provided by the City, and shall include, at a minimum, the following:
- Three hard copies and one electronic copy of a survey, prepared by a licensed land surveyor or professional engineer, accurately drawn to scale and certified, showing:
- The two affected lots or parcels;
- The location of existing buildings on the lots or parcels;
- The proposed location of the new lot or parcel line;
- Any existing easements, driveways, utilities and infrastructure improvements;
- The frontage calculations for the two lots before and after the exchange of title; and
- The size of the two lots before and after the exchange of title.
- The applicable fees and deposits as set forth in the City Fee Schedule.
- The proposed notice of approval and conveyance of title documents.
- The Zoning Administrator shall review all applications for exchange of title approval and shall approve such requests if the exchange of title will not result in a violation of any land use ordinance of the City.
- No exchange of title shall be permitted which would result in the creation of a new dwelling lot or housing unit or the creation of a remnant piece of land that did not previously exist.
- If an exchange of title is approved by the Zoning Administrator, a notice of approval acceptable to the City shall be recorded in the Davis County Recorder’s Office, which notice of approval shall:
- Be executed by each owner included in the exchange and by the Zoning Administrator;
- Contain an acknowledgment for each party executing the notice in accordance with the provision of the Utah Recognition of Acknowledgments Act, as set forth in Utah Code §§ 57-2a-1, et seq.; and
- Recite the descriptions of both the original parcels and the parcels created by the exchange of title.
- A notice of approval recorded under this Section does not act as a conveyance of title to real property. If an exchange of title is approved by the Zoning Administrator, the applicant shall also be required to file and record a conveyance of title reflecting the approved changed with the Davis County Recorder’s Office.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
Minor typographical or clerical errors in a subdivision plat may be corrected in accordance with and subject to the provisions of Utah Code § 57-3-106.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any person adversely affected by a final decision of the Community Development Director regarding a plat amendment as provided in this Chapter may appeal such decision to the Board of Adjustment as provided elsewhere in this Title. Any person adversely affected by a final decision of the City Council regarding a plat amendments as provided in this Chapter may file a petition for review of the decision with the district court as provided elsewhere in this Title and in accordance with Utah Code § 10-20-1109.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2024-01 on 1/16/2024
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
Amended plat approval shall expire and have no further force or effect if the approved amended plat is not recorded within twelve (12) months from the date of approval. This time period may be extended for up to six (6) months for good cause shown if the subdivider petitions the Community Development Director or City Council, as applicable, for an extension prior to the expiration date. Only one extension may be granted for each approved amended plat. No extension will be granted for amended plat approval if it is determined that it will be detrimental to the City. If any of the fees charged as a condition of subdivision approval have increased, the City may require that the bond estimate be recalculated and that the subdivider pay any applicable fee increases or provide additional bond funds as a condition of granting an extension.
HISTORY
Adopted by Ord. 2019-17 on 8/20/2019
Amended by Ord. 2024-01 on 1/16/2024
15.10.010 Minor Subdivision15.10.020 Minor Subdivision Submittal Requirements15.10.030 Minor Subdivision Completeness Review15.10.040 Minor Subdivision Distribution To Departments15.10.050 Minor Subdivision Review Cycle Requirements15.10.060 Minor Subdivision Approval By Community Development Director15.10.070 Minor Subdivision Expiration- A minor subdivision is a subdivision of not more than three (3) lots, as more particularly defined in CMC 15.01.040, that meets the minor subdivision criteria and requirements set forth in this Chapter. An applicant may use the minor subdivision approval procedures set forth herein if the subdivision consists of not more than three (3) lots and meets the following requirements:
- The proposed subdivision is not traversed by the mapped lines of a proposed street or a street to be widened as shown in the General Plan or Master Street Plan;
- The proposed subdivision has been approved by the culinary water authority and the sanitary sewer authority;
- The proposed subdivision is located in a zoned area approved for such use or development;
- The proposed subdivision conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance;
- All lots within the proposed subdivision meet the frontage, width, and area requirements of the Zone in which the subdivision is located, or has properly received a variance from such requirements.
- No part or portion of any property within the proposed subdivision has been a part of a minor subdivision approved less than three years earlier.
- If a minor subdivision does not meet the above-criteria, the applicant must apply for and follow the standard procedures set forth in this Title for residential and commercial subdivisions, including, but not limited to concept plan (or pre-application meeting), preliminary plat, and final plat application requirements.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The applicant shall submit an application for minor subdivision to the Community Development Director on forms provided by the City. The minor subdivision application shall include all submittal requirements for final plat application as set forth in CMC 15.04 (Final Plat). The applicant for a minor subdivision shall be required to prepare and submit a final plat for recording in accordance with the requirements of CMC 15.04.030 and comply with all public improvement, bonding, recording, and other applicable requirements for final plats as set forth in this Title.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The Community Development Director shall review all minor subdivision applications for completeness in accordance with CMC 15.01.084.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The Development Director, upon determining that the application is complete, shall distribute copies of the minor subdivision to City departments and other agencies or advisors as deemed appropriate.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The Community Development Director shall review the minor subdivision for compliance with this Title and applicable City ordinances. If the minor subdivision is a residential subdivision as defined in CMC 15.01.040, then the timelines and review cycle provisions of CMC 15.04.046 (Final Plat Review Cycle Requirements) shall apply to the City’s review of the minor subdivision.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
The Community Development Director is authorized to approve all minor subdivisions in accordance with the procedures set forth in CMC 15.04 (Final Plats) regarding Community Development Director approval of final plats for residential subdivisions regardless of whether the minor subdivision is a residential subdivision or commercial subdivision. The Community Development Director may require as part of the approval of the minor subdivision any improvements or utility easements that are required of other subdivisions, as set forth in this Title.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
Minor subdivision approval shall expire and have no further force or effect if the minor subdivision plat is not recorded within twelve (12) months from the date of approval of the minor subdivision. This time period may be extended for up to six (6) months for good cause shown if the subdivider petitions the Community Development Director for an extension prior to the expiration date. Only one extension may be granted for each approved minor subdivision.
HISTORY
Adopted by Ord. 2024-01 on 1/16/2024
16.01 General Provisions16.02 Storm Drainage Utility16.03 Stormwater Management Permits16.04 Stormwater Management Standards16.05 Prohibited Actions16.06 Violations And Enforcement16.01.010 Purpose16.01.012 Intent16.01.020 Applicability16.01.030 Administration And Interpretation16.01.040 Appeals16.01.050 Ultimate Responsibility16.01.060 Storm Drainage Master Plan16.01.070 UPDES General Permit16.01.080 Stormwater Management Plan16.01.090 Definitions16.01.100 SeverabilityThe purpose of this Title is to establish and provide policies, rules and regulations regarding the City’s storm drain system and for the control, management, discharge, removal and prevention of pollutants entering the City’s storm drain system. It is further the purpose of this Title to protect the health, safety and welfare of Centerville City, its inhabitants and the environment by improving the City’s storm drain system, managing and controlling stormwater run-off, protecting property, and preventing polluted water from entering the City’s storm drain system and other receiving waters to the maximum extent practicable as required by Federal and State law. The objectives of this Title are:
- To regulate and prevent the contribution of pollutants to the City’s storm drain system by stormwater discharges by any user;
- To prohibit illicit connections and discharges to the City’s storm drain system;
- To guide, regulate and control the design, construction, use, and maintenance of any development or other activity that results in the movement of earth on land within the City;
- To minimize increases in non-point source pollution caused by stormwater run-off from development which would otherwise degrade local water quality;
- To reduce stormwater run-off rates and volume, soil erosion, and non-point source pollution, wherever possible, through stormwater BMPs, and to ensure that these BMPs are properly maintained and pose no threat to public safety;
- To establish a viable and fair method of financing the construction, operation, and maintenance of the City’s storm drain system;
- To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this Title;
- To establish penalty and enforcement procedures for violations of this Title; and
- To ensure compliance with requirements of the City's UPDES General Permit, the Centerville City Stormwater Pollution Prevention Plan, the Centerville Stormwater Management Plan, and all other governing documents and regulations regarding stormwater management.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The intent of this Title is to assist in compliance with the City’s General Permit for Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) authorizing discharges under the Utah Pollutant Discharge Elimination System (UPDES) from the State of Utah Department of Environmental Quality Division of Water Quality and the requirements and obligations of the Utah Water Quality Act, as set forth in Utah Code §§ 19-5-101, et seq., and the Federal Water Pollution Control Act, set forth in 33 U.S.C. §§ 1251, et seq., and the rules and regulations adopted pursuant to these statutes.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The provisions of this Title shall apply to any activities conducted within the incorporated area of the City, to all real property and development within the incorporated area of the City, and to all portions of the City’s storm drain system. This Title shall also apply to all water entering the City’s storm drain system generated on any developed or undeveloped land or entering any creek, stream, or stormwater facility located within the City, including such creeks, streams or facilities located within the City but maintained by Davis County, unless explicitly exempted in writing by the City or other authorized enforcement agency.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The Public Works Director shall implement, administer, and enforce the provisions of this Title. Any powers granted or duties imposed upon the Public Works Director may be delegated to the Drainage Utility Supervisor or any other person or entity acting in the beneficial interest of or in the employ of the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
Except as otherwise specifically provided herein, any person aggrieved by a final decision of the Public Works Director interpreting or administering the provisions of this Title may appeal such decision to the City Manager by filing a written Notice of Appeal with the City Recorder within 15 days from the date of the decision being appealed. The Notice of Appeal shall state the specific grounds for the appeal and the applicable facts and circumstances related to the appeal. The City Manager may hold a hearing on the appeal. If the person or entity is not satisfied with the City Manager’s decision, a further appeal may be made to the City Council. The appeal to the City Council shall follow the same procedure as the appeal to the City Manager. The City Council’s decision shall be final and binding on all parties.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The standards and requirements set forth in this Title and promulgated pursuant to this Title are minimum standards and requirements. This Title does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. The issuance of any permit or any inspection conducted under the terms and provisions of this Title shall not release any person from responsibility, liability, penalty, or requirement set forth herein or by any applicable State or Federal laws, regulations, or permits. Any person violating the terms and conditions of this Title or discharging contaminated waters into the City’s storm drain system shall be liable and responsible for such violations and/or contaminations.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The City has adopted a master plan for the construction of storm drainage facilities within the City known as the Centerville City Storm Drainage Master Plan. All construction and development within the City and any connections or discharges of water into the City’s storm drain system shall comply with provisions of the Storm Drainage Master Plan, as may be amended from time to time. A copy of the Centerville City Storm Drainage Master Plan can be reviewed here: Storm Drain Master Plan.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The City has applied for and received from the State of Utah, Department of Environmental Quality, Division of Water Quality, a UPDES General Permit for Discharges from Small Municipal Separate Storm Sewer Systems (MS4s). This UPDES General Permit for MS4s is required to be renewed every five years pursuant to renewal procedures set forth in the UPDES Permit. All construction and development within the City and any and all connections and discharges of waters into the City’s storm drain system shall comply with terms, conditions, and provisions of the City’s UDPES General Permit. A copy of the City’s UPDES General Permit for MS4s can be reviewed here: UPDES General Permit.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The City has adopted a Stormwater Management Plan in accordance with applicable State and Federal rules and regulations. All construction and development within the City and any and all connections and discharges of waters into the City’s storm drain system shall comply with the terms, conditions, and provisions of the City's Stormwater Management Plan. A copy of the City’s Stormwater Management Plan can be reviewed here: Stormwater Management Plan.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
Words not otherwise defined but used in this Title or the materials referenced herein are defined in the Federal Clean Water Act, as set forth in 33 § U.S.C. §§ 1251, et seq., and any rules and regulations adopted pursuant thereto and any applicable State laws, rules, and regulations, including, but not limited to, the UPDES and NPDES permits and programs. As used herein, the following terms, phrases, and words shall have the following meanings:
- "Authorized Enforcement Official" means City employees designated to administer and enforce this Ordinance.
- "Best Management Practices" (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, design standards, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly into the waters of the United States. BMPs also include treatment requirements, operating procedures, educational activities, and practices to control site run-off, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
- "Catch Basin" means a basin combined with a storm drain inlet used to trap solids.
- "City Approvals" means any permit or approval required by the City prior to any construction activity, including, but not limited to, site preparation, grading, excavation or construction.
- "Clean Water Act" means the Clean Water Act of 1987, formerly referred to as the Federal Water Pollution Control Act, set forth in 33 USC § 1251, et seq., and any subsequent amendments thereto.
- “Common Plan of Development or Sale” means a plan to subdivide a parcel of land into separate parts for separate sale. This can be for a residential, commercial, or industrial development. The common plan originates as a single parcel that is separated into lots or parcels as approved by the City. The original subdivision plan is considered the “common plan of development or sale” even if it is completed in separate stages or phases.
- "Construction Activity" any land disturbance or construction activities such as clearing, grubbing, grading, excavating, building, and demolition.
- "Conveyance System" any channel or pipe for collecting and directing the stormwater.
- "Culvert" means a covered channel or large diameter pipe that directs water flow below the ground surface.
- "Degradation" (Biological or Chemical) means the breakdown of chemical compounds into simpler substances, usually less harmful than the original compound, as with the degradation of a persistent pesticide. (Geological) means the wearing down by erosion. (Water) means the lowering of the water quality of a watercourse by an increase in the amount of pollutants.
- "Detention" means the process of collecting water from developed areas and releasing it at a slower rate than it enters the collection system. The excess of inflow over outflow is temporarily stored in a pond or a vault and is typically released over a few hours or a few days.
- "Detention Basin" means a depression, designed with an inlet and outlet that regulates water flow and allows debris to settle out, that is capable of detaining stormwater run-off until it can be released downstream.
- "Discharge" means the release of stormwater or other substance from a conveyance system or storage container.
- "Drainage" means the collection, conveyance, containment, and/or discharge of surface and stormwater run-off.
- "Drain Inlet" means a point of entry into a detention basin, storm drain, or other inlet used to trap solids.
- "Entity" means any corporation, partnership, limited liability company, organization, association, trust, governmental agency, or any other legal entity.
- "Erosion" means the wearing away of land surface by wind or water. Erosion occurs naturally from weather or run-off but can be intensified by land-clearing practices related to farming, residential, commercial or industrial development, road building, or timber-cutting.
- "Fill" means a deposit of earth material placed by artificial means.
- "Final Stabilization" means all soil disturbing activities at the site have been completed, and a uniform (e.g. evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.
- "General Permit" means a permit issued under the NPDES or UPDES program to cover a class or category of stormwater discharges.
- "Grading" means the cutting and/or filling of the land surface to a desired slope or elevation.
- "Hazardous Waste" means the by-products of society that can pose a substantial or potential hazard to human health or the environment when improperly managed. Possesses at least one of four characteristics (flammable, corrosive, reactive, or toxic), or appears on special EPA lists.
- "Illegal Discharge" means any direct or indirect non-stormwater discharge to the storm drain system, except discharges from fire fighting activities and other discharges exempted in this Title.
- "Illicit Connection" means any physical connection to a publicly maintained storm drain system allowing discharge of non-stormwater which has not been permitted by the public entity responsible for the operation and maintenance of the system.
- "Impervious Surface" means any hard surface that prevents or hinders the absorption of water into the soil or that causes water to run off in greater quantities or at greater flow rates than the natural surface. Common impervious surfaces may include, but are not limited to: roofs; sidewalks; concrete, asphalt paving; walkways; patios; covered decks; solid decking; driveways; parking areas; storage areas; RV parking areas, gravel driveways; other trafficked or compacted gravel; roadbase; brick patios; concrete pavers; sports courts and other surfaces which similarly prevent or hinder the absorption of water into the soil.
- "Individual Permit" means a permit issued under the NPDES or UPDES program for a specific facility, whereby the unique characteristics of that facility may be addressed through the imposition of special conditions or requirements.
- "Infiltration" means the downward movement of water from the surface to the subsoil. The infiltration capacity is expressed in terms of inches/hour.
- "Inlet" means an entrance into a ditch, storm sewer, or other waterway.
- “Low Impact Development” (LID) means an approach to land development or redevelopment that works with nature to more closely mimic pre-development hydrologic functions. LID employs principles such as preserving and recreating natural landscape features, 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.
- "Municipal Separate Storm Sewer System" (MS4) means a municipally owned and operated stormwater collection system that may consist of any or all of the following: curb, gutter, drainage swales, piping, ditches, canals, detention basins, inlet boxes, or any other system used to convey stormwater that discharges into canals, ditches, streams, rivers, or lakes not owned and operated by that municipality.
- "Mulch" means a natural or artificial layer of plant residue or other materials covering the land surface which conserves moisture, holds soil in place, aids in establishing plant cover, and minimizes temperature fluctuations.
- "Non-Point Source" means pollution caused by diffuse sources (not a single location such as a pipe) such as agricultural or urban run-off.
- "Nonstructural Practices" means a preventative action to protect receiving water quality that does not require construction. Nonstructural BMPs rely predominantly on behavioral changes in order to be effective. Major categories of nonstructural BMPs include education, recycling, maintenance practices and source controls.
- "NPDES" (National Pollutant Discharge Elimination System) means the EPA’s program to control the discharge of pollutants to waters of the United States.
- "NPDES Permit" means an authorization, or license, or equivalent control document issued by EPA or an approved state agency to implement the requirements of the NPDES program.
- "Off-site" means any area lying upstream of the site that drains onto the site, any area lying downstream of the site to which the site drains, and any area that is not on-site of the project.
- "On-site" means the entire property that includes the proposed development.
- "Outfall" means the point, location, or structure where wastewater or drainage discharges from a sewer pipe, ditch, or other conveyance to a receiving body of water.
- "Person" means any individual, corporation, partnership, limited liability company, organization, association, trust, governmental agency, or any other legal entity.
- "Point Source" means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.
- "Pollutant" means generally, any substance introduced into the environment that adversely affects the usefulness of a resource. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
- "80th Percentile Rainfall Event" means the depth of rainfall which is not exceeded in 80 percent of all runoff producing rainfall events within the time period analyzed. In other words, 80 percent of the rainfall storm events that produce runoff will be less than or equal to this depth. Centerville City’s 80th percentile rainfall depth is 0.50 inches or 0.60 inches for retention basins that do not overflow into the City street or drainage system.
- "Receiving Waters" means bodies of water or surface water systems receiving water from upstream constructed or natural systems.
- "Retention" means the process of collecting and holding surface and stormwater runoff with no surface outflow.
- "Riparian" means a relatively narrow strip of land that borders a stream or river.
- "Run-Off" means that part of precipitation, snow melt, or irrigation water that runs off the land into streams or other surface water. It can carry pollutants from the air and land into the receiving waters.
- "Source Control" means a practice or structural measure to prevent pollutants from entering stormwater run-off or other environmental media.
- "Storm Drain" means a closed conduit for conducting stormwater that has been collected by inlets or collected by other means.
- "Storm Drain System" means the City’s storm drain system comprised of storm and subsurface water facilities, improvements, streets, gutters, drains, swales, detention basins, property, or other interests therein made, constructed or acquired by the City for purposes of managing and controlling storm or subsurface water.
- "Stormwater" means water produced by storms, surface drainage, snow and ice melt, and spring flows and drainage. Stormwater does not include infiltration.
- "Stormwater Pollution Prevention Plan" (SWPPP) means a document which describes the BMPs and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters.
- "Structural Practices" means constructed facilities or measures to help protect receiving water quality and control stormwater quantity. Examples include storage, vegetation, infiltration and filtration.
- "Swale" means an elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated, and is normally without flowing water. Swales direct stormwater flows into primary drainage channels and allow some of the stormwater to infiltrate into the ground surface.
- "UPDES Permit" means an authorization, or license, or equivalent control document issued by the State of Utah to implement the requirements of the NPDES and UPDES programs.
- “Utah Water Quality Act” means the Utah Water Quality Act as set forth in Utah Code §§ 19-5-101.
- "Waters of the State" means surface waters and ground waters within the boundaries of the State of Utah and subject to its jurisdiction.
- "Waters of the United States" means surface watercourses and water bodies as defined in 40 CFR § 122.2. including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The provisions of this Title are hereby declared severable. If any provision, clause, section, or sentence of this Title or the application thereof to any person, establishment or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect or invalidate any other remaining provisions or application of this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
16.02.010 Purpose16.02.020 Definitions16.02.030 Drainage Utility16.02.040 Enterprise Fund16.02.050 Facilities And Assets16.02.060 Fees16.02.070 Billing16.02.080 Exemptions16.02.090 Credits16.02.100 Administration16.02.110 Policies16.02.120 AppealsThe purpose of this Chapter is to protect the health, safety and welfare of the City and its inhabitants by improving the City’s storm drain system, managing and controlling groundwater and stormwater run-off, protecting property, improving water quality, preventing polluted waters from entering the City’s water supply and other receiving waters, and establishing a viable and fair method of financing the construction, operation, and maintenance of the City’s storm drain system.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
In addition to the definitions set forth in CMC 16.01.090, for the purposes of this Chapter, the following terms, phrases and words shall have the following meanings:
- "Developed Parcel" means any parcel that has been altered from its natural condition by the construction of improvements or other impervious surface areas or by grading or filling of the ground surface areas which grading or filling affects the hydraulic properties of the parcel.
- "Equivalent Service Unit" (ESU) means the average amount of impervious surface, expressed in square feet, on developed parcels in the City.
- "Parcel" means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for tax purposes and given a tax identification (lot) number by the Davis County Assessor.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The City Council hereby creates and establishes a drainage utility. The drainage utility shall plan, design, construct, maintain, administer, and operate the City’s storm drain system, including subsurface drain facilities and system.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The City Council hereby establishes a drainage utility enterprise fund to handle all income, expenses, and other financial transactions related to the drainage utility. All drainage utility service charges shall be deposited in the drainage utility enterprise fund. Money in the drainage utility enterprise fund shall not be commingled with or transferred to other City funds. However, the drainage utility may pay other City funds for services and expenses directly attributable to the drainage utility. The drainage utility enterprise fund shall be operated according to State law and City ordinances, rules, regulations, and policies.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The drainage utility shall operate independently of City operations funded by the general fund. Upon creation of the utility, all of the City’s storm drain system, facilities and assets (other than streets and other facilities, and assets designated by the City Council) shall be transferred to the drainage utility in consideration for the drainage utility’s agreement to take primary responsibility for planning, designing, constructing, maintaining, administering, and operating the City’s storm drain system.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
- Imposed. Each developed parcel of real property in the City shall be charged a drainage utility fee as set forth in the City Fee Schedule.
- ESU. The fee shall be based on the number of equivalent service units (ESU’s) contained on the parcel. The City Council finds that the ESU is the most accurate measurement for determining the amount that each parcel contributes to, benefits from, and otherwise uses the drainage utility. Based on a study completed within Centerville, the City Council finds and establishes that one ESU equals 3,600 square feet of impervious surface area.
- Calculation. The fees established herein are based upon studies conducted by the City or caused to be conducted by the City. Based on collected data, the City Council finds that each single family residential unit and residential duplex contributes approximately the same amount of stormwater run-off; therefore, each developed single family residential parcel or residential duplex shall pay a base rate of one ESU. All developed multi-family residential parcels, commercial parcels, and other nonresidential parcels shall pay a multiple of this base rate, expressed in ESU’s, according to the measured impervious area on the parcel.
- Charge per ESU. The amount charged for each ESU shall be established by resolution of the City Council and set forth in the City Fee Schedule.
- Charge for Subsurface Drains. An additional fee for properties that are serviced and/or benefited by a subsurface drain system maintained by the City shall be established by resolution of the City Council and set forth in the City Fee Schedule.
- Charges for Swale. An additional fee for properties that are serviced and/or benefited by swale areas maintained by the City shall be established by resolution of the City Council and set forth in the City Fee Schedule.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The City Council finds that the City’s storm drain system, culinary water system, and solid waste collection system are all interrelated services that are part of a unified City plan to provide for the health, safety, and welfare of the City and its residents in an environmentally responsible manner. Therefore, the drainage utility fee shall be included on the City’s regular monthly utility bill for any given property. If there is no regular utility bill for the property, the drainage utility fee shall be charged to the owner of the property. The fee shall be deemed a civil debt owed to the City by the person or entity paying for the City utility service provided to the property. All developed parcels shall be charged the fee, regardless of whether or not the owner or occupant of the property requests the drainage utility service. Failure to pay any portion of the utility bill may result in termination of water service.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The City Council may establish exemptions to the drainage utility fees as set forth in the City Fee Schedule.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The City Council may establish credits to the drainage utility fees as set forth in the City Fee Schedule.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The drainage utility shall be administered by the Drainage Utility Supervisor.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The Drainage Utility Supervisor may recommend for adoption by the City Council policies and procedures to assist in the application, administration and interpretation of this Chapter. Said policies and procedures may be adopted by resolution of the City Council.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
Any person or entity aggrieved by any final decision of the Drainage Utility Supervisor in implementing this Chapter may appeal such decision to the City Manager in accordance with the appeal provisions set forth in CMC 16.01.040.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
16.03.010 Stormwater Management16.03.020 Stormwater Permit16.03.030 Stormwater Permit Purpose16.03.040 Stormwater Permit Required Prior To Construction16.03.050 Stormwater Permit Exemptions16.03.060 State Stormwater Construction General Permit (CGP)16.03.070 State Stormwater Common Plan Permit (CPP)16.03.080 Low Erosivity Waiver16.03.090 State Stormwater Permit Application16.03.100 State Stormwater Permit Review16.03.110 City Review Of State Stormwater Permit16.03.120 City Stormwater Permit16.03.130 City Stormwater Permit Application16.03.140 City Stormwater Permit Review16.03.150 Stormwater Pollution Protection Plan Required16.03.160 Stormwater Pollution Protection Plan Requirements16.03.170 City Stormwater Pollution Prevention Plan16.03.180 Plans By Licensed Professional Engineer16.03.190 Permit Duration And Renewal16.03.200 Permit Nontransferable Or Assignable16.03.210 Compliance With Other Ordinances16.03.220 Permit Kept On-Site16.03.230 SWPP Pre-Construction Meeting16.03.240 SWPPP Pre-Construction Review Checklist16.03.250 Notice Of Commencement (NOC)16.03.260 Inspections16.03.270 Monthly Inspections16.03.280 Priority Construction Site Inspections16.03.290 Inspection Fees16.03.300 Inspection Enforcement16.03.310 As-Built Plans16.03.320 Notice Of Termination (NOT)16.03.330 Training16.03.340 Training Records16.03.350 Enforcement Records16.03.360 Project Records16.03.370 Violations16.03.380 City Stormwater Acknowledgment Form16.03.390 Bonding For Stormwater Management FacilitiesThe City is required under the UPDES General Permit for Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) to implement and enforce a stormwater management program to reduce pollutants in any stormwater runoff to the City’s stormwater system from construction sites, as more particularly provided in this Chapter. Public and private projects, including the City’s own projects, are required to meet the requirements set forth herein.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
As part of the City’s stormwater management program, a Stormwater Permit is required for certain construction activities within the City that cause land disturbance. The type of Stormwater Permit required depends on the type of construction activity and the extent of land disturbance, as more particularly provided herein.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The objective of the Stormwater Permit is to control and limit pollutants coming off a construction site so the pollutants do not end up in a water body. Precipitation and storm events mobilize pollutants at construction sites and can carry the pollutants to a water body. The Stormwater Permit requires permittees to take certain steps to prevent pollutants from leaving the construction site and entering water bodies. Soil particulates are considered pollutants because, although soil particles naturally erode, construction activity exacerbates this process substantially by releasing soil nutrients that can cause degradation if released into water bodies.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
A Stormwater Permit must be obtained prior to or in conjunction with the issuance of any demolition, excavation, land disturbance, building, site plan, land use, or subdivision permit or approval, or any development or construction activity within the City. A copy of the required Stormwater Permit, along with the relevant Stormwater Pollution Prevention Plan (SWPPP), shall be provided to the Drainage Utility Supervisor for review and acceptance prior to issuance of any permit or approval.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
A Stormwater Permit is not required for the following activities:
- Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; or
- Agricultural operations legally conducted as a permitted or accessory use, but not including construction activities or the construction of agricultural facilities.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
Any new development project that disturbs one acre or more, including a project less than one acre that is part of a larger common plan of development or sale that is more than one acre, is required to obtain a stormwater permit from the State known as the Construction General Permit (CGP) UTRC00000.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
Any single residential lot or parcel development that disturbs less than one acre, but is located in a common plan of development or sale that is one acre or more, is eligible to obtain a more streamlined stormwater permit from the State known as the Common Plan Permit (CPP) UTRH00000. For purposes of the Common Plan Permit, the common plan of development or subdivision must have been initiated after October 1992.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The developer of a “small construction activity” may apply for a Low Erosivity Waiver (LEW) Certification from the State in accordance with applicable State regulations. A “small construction activity” is defined as construction activity that is one acre or greater but less than five acres with an “R” factor of less than 5.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
A General Construction Permit or Common Plan Permit can be obtained from the State online at the Utah Division of Water Quality website under Stormwater. Such permits are obtained by submitting a Notice of Intent (NOI) to be covered under the UPDES General Stormwater Permit for Construction Activities. All NOIs require certification by the owner and/or operator of the construction site. General Construction Permits and Common Plan Permits must be renewed annually in accordance with CMC 16.03.190.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
State Stormwater Permits shall be reviewed and approved by the State Department of Water Quality. Once approved by the State, the Drainage Utility Supervisor and City Engineer shall review all State Stormwater Permits and Stormwater Pollution Protection Plans (SWPPPs) in accordance with CMC 16.03.110.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The Drainage Utility Supervisor and City Engineer shall review and accept all State Stormwater Permits and Stormwater Pollution Protection Plans (SWPPPs) for compliance with State requirements and the terms and conditions of this Title. In the event the State Stormwater Permit or SWPPP is deemed inadequate or fails to meet the terms and requirements of this Title, the Drainage Utility Supervisor and/or City Engineer may require additional information or impose additional conditions and requirements on the proposed construction activities to the extent necessary to bring the application and/or plan into compliance with the terms and purposes of this Title. Failure to comply with the terms and conditions of this Title shall be grounds for denial of the Stormwater Permit and/or any development, land use, subdivision, or land disturbance permit or approval. No construction activity, land use, or land disturbance activity shall occur on the subject property until a Stormwater Permit and SWPPP is accepted by the Drainage Utility Supervisor and City Engineer.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
Any development project or land disturbance that is not covered by a State Stormwater Permit is required to obtain a City Stormwater Permit (CSWP) regardless of the size of the project or land disturbance. All applications for a City Stormwater Permit shall include a Stormwater Pollution Prevention Plan (SWPPP) and Best Management Practices (BMPs) for the subject property and construction site, as more particularly provided herein.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
An application for a City Stormwater Permit shall be submitted to the Drainage Utility Supervisor on forms provided by the City. The Drainage Utility Supervisor is authorized to prepare and update the application forms as needed. All applicable fees, bonds, and deposits shall be paid at the time of submittal of the application. All City Stormwater Permits must be renewed annually in accordance with CMC 16.03.190. All applications shall include the following information and/or documents:
- The name, address, and contact information for the owner of the site, the developer of the site, contractors working at the site, and any consulting firm retained by the applicant;
- The proposed starting date and estimated completion date for the proposed work and/or construction activity;
- A City Stormwater Pollution Prevention Plan, as more particularly described in CMC 16.03.170, for the subject property and the proposed construction activities to be prepared and implemented in accordance with the terms and conditions of this Title;
- The required stormwater pollution prevention review and application fee as set forth in the City Fee Schedule; and
- A bond in the amount deemed sufficient by the City to cover all costs and required performance under the terms and conditions of this Title regarding stormwater pollution prevention, including, but not limited to, compliance with the terms and conditions of this Chapter, the Stormwater Pollution Prevention Plan, and any additional conditions required by the Drainage Utility Supervisor and/or City Engineer, as provided herein.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The Drainage Utility Supervisor and City Engineer shall review and approve all City Stormwater Permits and City Stormwater Pollution Protection Plans (SWPPPs) for compliance with State requirements and the terms and conditions of this Title. In the event the City Stormwater Permit application or City SWPPP as submitted is deemed inadequate or fails to meet the terms and requirements of this Title, the Drainage Utility Supervisor and/or City Engineer may require additional information or impose additional conditions and requirements on the proposed construction activities to the extent necessary to bring the application and/or plan into compliance with the terms and purposes of this Title. Failure to comply with the terms and conditions of this Title shall be grounds for denial of the City Stormwater Permit and/or any development, land use, subdivision, or land disturbance permit or approval. No construction activity, land use, or land disturbance activity shall occur on the subject property until a Stormwater Permit and SWPPP is approved by the Drainage Utility Supervisor and City Engineer.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
A Stormwater Pollution Protection Plan (SWPPP) is required for certain construction activities within the City that cause land disturbance. The type of SWPPP required depends on the type of construction activity and the extent of land disturbance, as more particularly provided herein. A SWPPP shall be submitted with the applicable State Stormwater Permit.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
All construction operators shall prepare the required SWPPP and apply sediment and erosion control BMPs as necessary to protect water quality, reduce discharge of pollutants, and control waste. Such BMPs shall include, but are not limited to, addressing discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. All SWPPPs shall, at a minimum, comply with the SWPPP requirements set forth in the most current UPDES Stormwater General Permit of Construction Activities.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
- A City Stormwater Pollution Prevention Plan ("City SWPPP") shall be required with all applicable permit applications and shall include sufficient information (e.g., maps, hydrologic calculations, soil reports, erosion and sediment control plan, 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 structural and/or non-structural BMPs proposed for managing stormwater generated at the project site. The City SWPPP shall include a landscaping plan in accordance with CMC 16.04.020. The intent of the City SWPPP is to determine the type of stormwater BMPs necessary for the proposed project and to ensure adequate planning for long-term operation, management, and maintenance of stormwater run-off from future development. The Drainage Utility Supervisor may prepare a City SWPPP checklist for assistance in preparing such plans.
- For development or redevelopment occurring on a previously developed site, an applicant shall be required to include within the City SWPPP the BMPs for controlling existing stormwater run-off discharges from the site in accordance with the standards of this Title to the maximum extent practicable.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
Any proposed stormwater facilities and submitted plans shall be calculated, designed, and certified by a licensed professional engineer.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
Construction operators are required to obtain coverage under an applicable Stormwater Permit for the duration of the project. Stormwater Permits are valid for the time period specified in the permit. If the work is not completed during such period, the permittee is required to renew the permit with either the State or the City depending on the type of permit. State Stormwater Permits can be renewed by submitting a Notice of Intent (NOI) with the State online at the Utah Division of Water Quality website under Stormwater. City Stormwater Permits can be renewed by the Drainage Utility Supervisor and City Engineer in accordance with CMC 16.03.130 regarding permit application procedures. Any permit renewal shall require written review and amendment to the Stormwater Permit, SWPPP, BMPs, and bonding, as deemed necessary, and payment of renewal fees.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
A Stormwater Permit shall not be transferable or assignable and work shall not be performed under a permit in any place other than that specified in the permit. Nothing contained herein shall prevent a permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance, and other requirements of this Title. Permittees and subcontractors shall be appropriately licensed, insured, and bonded.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The issuance or acceptance of any Stormwater Permit by the City or State shall be subject to and conditioned upon compliance with all other applicable City Ordinances regarding the proposed land disturbance or construction activity, including, but not limited to, CMC 15 (Subdivisions), CZC 12 (Zoning), excavation, erosion control and grading permit ordinances, and other land use development requirements.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
Any approved Stormwater Permit, SWPPP and all related documents and plans shall be kept on-site at the project by the permittee.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The City is required to conduct a SWPP pre-construction meeting with developers to review site design, planned operations at the construction site, planned BMPs during the construction phase, and planned BMPs to manage runoff created after development. The SWPPP pre-construction meeting is in addition to the engineering and public improvement pre-construction meeting required under other applicable City ordinances.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The Drainage Utility Supervisor shall develop and implement a checklist for pre-construction SWPPP review consistent with the requirements of the current UPDES Stormwater General Permit for Construction Activities.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
After issuance of a permit, the Drainage Utility Supervisor shall be notified by the permittee of proposed commencement of the work (NOC) at least 24 hours prior to commencement of work. Any required pre-construction meetings shall be held with City staff in accordance with applicable City ordinances.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
Permittees and property owners shall allow access by qualified City personnel to inspect all phases of construction, including prior to land disturbance, during active construction, and post-construction activities to ensure compliance with all stormwater management requirements. Field inspections may occur pre-construction, during construction, and post-construction to verify BMPs are built and properly designed and to ensure BMPs are properly maintained. Field inspections for compliance with this Title and any permits issued hereunder shall be conducted by the Drainage Utility Supervisor, City Building Inspector, City Engineer, City Ordinance Enforcement Officer, and/or other designated agents of the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
The City is required to conduct monthly inspections of all new construction sites with land disturbance of greater than one acre or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale which collectively disturbs land greater than or equal to one acre. Such inspections must be conducted by a qualified person as defined in the UPDES General Permit for MS4s. Such inspections shall be conducted using the City Stormwater Inspection Form.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The City is required to identify priority construction sites considering factors set forth in the UPDES General Permit for MS4s. The City is required to conduct inspections of identified priority construction sites at least biweekly (every two weeks). Such inspections shall be conducted using the City Stormwater Inspection Form.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
Inspections may be subject to an inspection fee as adopted by the City Council and set forth in the City Fee Schedule.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The City is required under its UPDES General Permit to take all necessary follow-up actions such as re-inspection or enforcement action to ensure compliance with the provisions of this Title and all other terms of the City’s UPDES General Permit. Such follow-up and enforcement actions must be tracked and documented by the Drainage Utility Supervisor.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
In addition to all other ordinance requirements, all permittees subject to the terms and conditions of this Chapter are required to submit actual as-built plans for any and all permanent stormwater BMPs and facilities after final construction is completed. As-built plans must show the final design specifications for all stormwater BMPs facilities must be certified by a licensed professional engineer. A final inspection by the Drainage Utility Supervisor and/or City Engineer is required before release of any bond can occur.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
Permittees wishing to terminate coverage under a Stormwater Permit must submit a notice of termination (NOT) to the State or City, as applicable. The purpose of the NOT is to verify final stabilization and removal of all temporary control measures. A copy of the NOT shall be submitted to the Drainage Utility Supervisor. Permittees must submit the NOT within 30 days after completion of their construction activities and final stabilization of their portion of the site, or another operator taking over all of their responsibilities at the site. A permittee cannot submit a NOT without final stabilization unless another party has agreed to assume responsibility for final stabilization of the site. Appropriate enforcement action may be taken for permit violations where a permittee submits a NOT but the permittee has not transferred operational control to another permittee or the site has not undergone final stabilization.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
Any staff or third-party inspectors or plan reviewers whose primary job duties are related to implementing the City’s stormwater management program, including permitting, plan review, construction site inspections, and enforcement, are required to receive annual training to conduct such activities. New hires in these positions are required to receive training within 60 days of hire.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The Drainage Utility Supervisor is required to retain training records, including the dates, activities or course descriptions, and names and positions of staff or third-party participants in accordance with UPDES General Permit for MS4s.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The Drainage Utility Supervisor is required to retain enforcement records, including, but not limited to, enforcement actions, verbal warnings, stop work orders, warning letters, notices of violation, and any other enforcement conducted by the City, in accordance with UPDES General Permit for MS4s.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The Drainage Utility Supervisor is required to keep stormwater records for all construction projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, to ensure stormwater plans are complete and in compliance with State regulations and the UPDES General Permit for MS4s. Such records shall include, but are not limited to, site plan reviews, SWPPPs, inspections, and enforcement actions. These records must be retained for a minimum of five years or until construction is completed, whichever is longer.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
Any violation of these stormwater management and permitting requirements, or any other violation of the provisions of this Title shall be subject to enforcement and sanctions as more particularly provided in Chapter 16.06 (Violations and Enforcement).
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The property owner and/or developer of any development activity that requires a City building permit and is not covered by a State Stormwater Permit, may be required to sign a City Stormwater Acknowledgment Form agreeing to comply with all Stormwater regulations and restrictions set forth in this Title. The Drainage Utility Supervisor shall be responsible for creating and updating the City Stormwater Acknowledgment Form, as deemed appropriate. The Building Department shall be responsible for requiring and obtaining the signed Stormwater Acknowledgment Form prior to issuance of a building permit for the subject property, if applicable.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
Pursuant to Utah Code § 10-20-807, the City may require the developer of any project to bond for required public or private infrastructure improvements that are essential or required to meet the stormwater management requirements as set forth herein, including, but not limited to stormwater management facilities. Bonding for such stormwater management facilities or improvements shall be accomplished in accordance with improvement agreement and bonding requirements set forth in Title 15 (Subdivisions) and Title 12 (Zoning Code).
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
16.04.010 Stormwater Management Requirements16.04.020 Stormwater Management Design Criteria16.04.030 Low Impact Development (LID) Requirements16.04.040 Low Impact Development (LID) Practices16.04.050 Retention Systems For 80th Percentile Rainfall Event (New Development)16.04.060 Retention Systems For 80th Percentile Rainfall Event (Redevelopment)16.04.070 Low Impact Development (LID) Exemptions16.04.080 Long-Term Stormwater Management16.04.090 Long-Term Stormwater Management Purpose16.04.100 Long-Term Stormwater Management BMPs16.04.110 Long-Term Stormwater Management Requirements16.04.120 Long-Term Stormwater Management Design Criteria16.04.130 Long-Term Stormwater Facilities Maintenance AgreementThe following performance criteria shall be utilized and addressed for stormwater BMPs at all sites and proposed land disturbance or construction activities.
- All construction sites shall implement and use erosion and sediment control practices as more particularly provided herein and as otherwise required by State law or regulations.
- All construction sites shall comply with all requirements set forth in the most current UPDES General Permit for MS4s and applicable State Stormwater Permit.
- All site designs shall establish stormwater BMPs to control the peak flow rates of stormwater discharge associated with specified design storms as specified in the UPDES Stormwater General Permit for Construction Activities (UTR090000 or applicable permit) and reduce the generation of stormwater. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater run-off from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practicable to provide treatment for both water quality and quantity.
- New development shall not discharge untreated stormwater directly into a jurisdictional wetland or local water body without adequate treatment. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the Public Works Director and City Engineer. In no case shall the impact on functional values be any less than allowed by the Army Corp of Engineers (ACE) or the Department of Environmental Quality (DEQ) responsible for natural resources.
- Annual groundwater recharge rates shall be maintained, by promoting infiltration through the use of structural and non-structural methods. At a minimum, annual recharge from the post development site shall mimic the annual recharge from pre-development site conditions. This subsection shall not apply to areas with high water tables.
- All site designs shall establish stormwater BMPs to minimize, to the maximum extent practicable, sediment, debris, and all other pollutants from entering the storm drain system during all phases of demolition. The owner, developer, contractor, and/or their authorized agents shall be responsible for the removal of all construction debris, dirt, trash, rock, sediment, and sand that may accumulate in the storm drain system and stormwater appurtenances as a result of site development.
- All site designs shall establish stormwater BMPs to minimize, to the maximum extent practicable, soil erosion. Any earth disturbance shall be conducted in such a manner so as to effectively reduce accelerated soil erosion and resulting sedimentation. All earth disturbances shall be designed, constructed, and completed in such a manner so that the exposed area of any disturbed land shall be limited to the shortest possible period of time. Soil erosion control measures for all slopes, channels, ditches, or any disturbed land area shall be completed within 14 calendar days after final grading, or final earth disturbance, has been completed. All temporary soil erosion control measures shall be maintained until permanent soil erosion control measures are implemented.
- Stormwater discharges to critical areas with sensitive resources (i.e., cold water fisheries, shellfish beds, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater BMPs.
- Stormwater discharges from land uses or activities with higher potential pollutant loadings, known as "hotspots", may require the use of specific structural BMPs and pollution prevention practices.
- Post-construction stormwater BMPs, where practicable, shall be installed during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed. Post-construction stormwater BMPs may include, but are not limited to, stormwater detention structures (including wet ponds); stormwater retention structures; flow attenuation by use of open vegetated swales and natural depressions; infiltration of run-off on-site; and sequential systems (which combine several practices).
- All site design and development shall comply with applicable Low Impact Development (LID) Requirements and Design Criteria as more particularly set forth in CMC 16.04 (Stormwater Management Standards).
- Prior to design, applicants shall consult with the Drainage Utility Supervisor and City Engineer to determine if the project or activity is subject to additional stormwater design requirements.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
- Site Design. Stormwater BMPs for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered:
- Topography;
- Maximum Drainage Area;
- Depth to Water Table;
- Removal of Suspended Sediment;
- Soils;
- Slopes;
- Terrain;
- Head; and
- Location in relation to environmentally.
- Conveyance. All stormwater BMPs shall be designed to convey stormwater to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but is not limited to:
- Maximizing of flowpaths from inflow points to outflow points;
- Protection of inlet and outfall structures;
- Elimination of erosive flow velocities; and
- Providing of underdrain systems, where applicable.
- Landscaping. All stormwater BMPs and City SWPPP must have a landscaping plan detailing both the vegetation to be in the project and how and who will manage and maintain this vegetation. This plan shall be prepared by a registered landscape architect.
- Maintenance. The permittee carrying out all BMPs and control measures under the provisions of this Title, and all subsequent owners or tenants of the property on which such measures have been taken, shall maintain all temporary and permanent BMPs and control measures. Should the permittee, or any subsequent property owner and/or tenants, fail to adequately maintain the temporary and permanent BMPs and control measures, the City reserves the authority to enter the affected property and to take such action as is necessary in accordance with the enforcement and violation provisions of CMC 16.06 (Violations and Enforcement). The permittee and/or subsequent property owners may be required to enter into a Stormwater Facilities Maintenance Agreement to be recorded against the property ensuring proper maintenance of and liability for temporary and permanent BMPs and control measures.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
Effective July 1, 2020, all new development or redevelopment projects that are required to obtain a State Stormwater Permit are required to comply with new stormwater retention requirements. Pursuant to Part 4 of the UPDES General Permit for MS4s, such developments are required to manage rainfall on-site, and prevent the off-site discharge of the net increase in the volume associated with the precipitation from all rainfall events less than or equal to the 80th percentile rainfall. Such on-site retention and management of stormwater shall be accomplished through the use of Low Impact Development (LID) practices designed to retain, infiltrate, evapotranspire, and/or harvest and reuse rainwater, as more particularly provided herein.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The Low Impact Development (LID) practices and standards are more particularly set forth in Section 4.1 of the City Stormwater Management Plan. As provided therein, the City allows the following LID practices: (1) biorention cells; (2) bioswales; (3) vegetated strips; (4) infiltration basins; (5) infiltration trenches; and (6) underground infiltration gallery. The LID design criteria and engineering details are more particularly set forth in the City Standards and Specifications.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
Any new development project that disturbs one acre or more, including a project less than one acre that is part of a larger common plan of development or sale that is more than one acre, is required to manage and retain on-site all rainfall runoff from rainfall events equal to or less than the 80th percentile rainfall event. Centerville’s 80th Percentile Rainfall Event is more particularly defined in CMC 16.01.090. The precipitation from all rainfall events equal to or less than the 80th percentile must be prevented from off-site discharge. Retaining rainfall events equal to or less than the 80th percentile rainfall event reduces the runoff from smaller frequently occurring storms, which account for the majority of the annual precipitation volume. Determination of the 80th percentile rainfall depth allows for calculation of a water quality volume for which developers and engineers can choose City-approved LID practices to infiltrate, evapotranspire, and/or harvest and reuse the rainfall runoff generated.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
Retention systems described in CMC 16.04.050 shall be evaluated for potential capacity increases when 10% or more of additional impervious surfaces (such as buildings, roads, parking lots, and other structures or impervious materials) are constructed as part of a redevelopment or if a site plan requires an amendment.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
If it is infeasible to meet the LID or retention system requirements set forth herein, the developer may submit a request for exemption and the use of alternative design criteria to the City Engineer. Such request for exemption shall include evidence of the infeasibility of LID or retention system requirements and engineering design and rationale for the alternative design. The developer must document and quantify that infiltration, evapotranspiration, and rainwater harvesting have been used to the maximum extent feasible and that full employment of these controls are infeasible due to constraints. Such infeasibility may be due to one or more of the following conditions: (1) high groundwater; (2) drinking water source protection area; (3) soil conditions; (4) slopes; (5) accessibility; (6) excessive costs; or (7) any other justifiable constraint. The City Engineer shall review all requests for exemption from LID or retention system requirements and may approve or deny such request. Any determination regarding the request for exemption shall be made in writing. The City Engineer may request additional information or studies as determined necessary to consider the request for exemption.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The City is required under the provisions of its UPDES General Permit for MS4s to implement and enforce a long-term stormwater management program to address post-construction stormwater runoff from private and public development and redevelopment as more particularly provided in this Chapter. Public and private projects, including the City’s own projects, are required to meet the requirements set forth herein.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The purpose of the long-term stormwater management program is to implement requirements and standards or criteria to ensure stormwater controls and management practices for new development or redevelopment are in place to prevent or minimize impacts to water quality.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The City’s long-term stormwater management program should include structural and nonstructural BMPs to minimize development in areas susceptible to erosion and sediment loss, minimize the disturbance of native soils and vegetation, preserve areas that provide important water quality benefits, implement measures for flood control, and protect the integrity of natural resources and sensitive areas.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
Owners and operators of development and redevelopment sites within the City which disturb land greater than one acre or more of surface area, or are part of a common plan of development that disturbs one acre or more and have not passed a final stormwater inspection for notice of termination (NOT) are required meet the minimum long-term stormwater management requirements of the State of Utah UPDES Construction General Permit Number UTRC00000 (effective July 8, 2020), Section 3.5.2.b., and the following requirements.
- Controlling Peak Runoff from Sites. All site designs shall establish stormwater management practices to control the peak flow rates of stormwater discharge associated with a specified design storm return frequency. These practices should seek to mirror pre-development runoff from the site.
- Controlling Runoff Volume from New Development Sites. New development projects must manage on-site discharge and prevent off-site discharge of the precipitation from all rainfall events less than or equal to the 80th percentile rainfall event (see, CMC 16.01.090 regarding Centerville’s definition of 80th percentile rainfall event) by the use of practices that infiltrate, evapotranspire, and/or harvest rainwater.
- Controlling Runoff Volume from Redevelopment Sites. Redevelopment projects must be developed such that either:
- There is no more than 10% increase to impervious surface area at project completion; or
- At project completion, the net increase in volume associated with precipitation from all rainfall events less than or equal to the 80th percentile rainfall event (see, CMC 16.01.090 regarding Centerville’s definition of 80th percentile rainfall event) managed on-site by the use of practices that infiltrate, evapotranspire, and/or harvest rainwater.
- Additional Stormwater Design Requirements. Stormwater discharges from land uses or activities with higher potential loadings, as determined by the City Engineer or Drainage Utility Supervisor, may require the use of specific structural best management practices (BMPs) and pollution prevention practices based on policy or standards established by the City Engineer or Drainage Utility Supervisor. Prior to design, applicants are required to consult with the City Engineer and Drainage Utility Supervisor to determine if they are subject to additional stormwater design requirements.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
In addition to the provisions of CMC 16.04.110, the stormwater management design criteria shall be based on a design storm having a 25-year return frequency and on the following:
- Peak Runoff Calculations. Hydrologic design calculations for the pre-development and post-development conditions must show that the proposed stormwater management measures are capable of controlling runoff from the site in compliance with this ordinance based on a specified design storm return frequency. A description and source of all parameters used in the calculations shall be included. The calculations should be based on one of the following:
- Rational Method
- National Resources Conservation Service (NRCS) Method
- Unit Hydrograph derived from locally-observed data
- Any other comparable methodology as approved by the City Engineer
- Retention Volume Calculations. Calculations used to determine Retention Volumes include the 80th Percentile Storm Depth, Project Volume Retention Goal, Water Quality Volume, and Volumetric Runoff Coefficient shall be based on methods described in the current edition of the Utah Division of Water Quality publication: A Guide to Low Impact Development within Utah.
- Design Feasibility. All site designs shall be within feasibility constraints as determined by the City Engineer. If the standard to control runoff volume on a site is not feasible due to constraints, then said standard must be met to the maximum extent feasible as determined by the City Engineer and an alternative treatment design shall be provided for all runoff under the said standard that is not controlled on-site.
- Soils Information. If a stormwater management control measure fundamentally depends on the hydrologic properties of soils (e.g., infiltration basins), then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles and soil survey reports. The City Engineer may also require a soils report when deemed necessary.
- Ground Water Information. If a stormwater management control measure fundamentally depends on infiltration, then a ground water study shall be submitted. The City Engineer may also require a ground water study when deemed necessary.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
Owners and operators of development and redevelopment sites within the jurisdictional limits of the City which disturb one acre or more of surface area, or are part of a common plan of development that disturbs one acre or more and have not passed a final stormwater inspection for notice of termination (NOT) are required to enter into a Stormwater Facilities Maintenance Agreement with the City agreeing to and establishing control measures, standard operations, and maintenance procedures and obligations for required storm water facilities associated with the construction activities. The Stormwater Facilities Maintenance Agreement shall be recorded against the subject property. The Stormwater Facilities Maintenance Agreement shall be in a form acceptable by the City and shall include the following:
- Provisions requiring enforceable operation and maintenance obligations to ensure all stormwater treatment facilities and systems functions as designed;
- Provisions allowing for access, inspections, and corrective action by the City;
- Provisions for the Public Works Department to notify the responsible party if stormwater facilities are found to contain any defects or are not being adequately maintained;
- Provisions that provide if the property is not maintained or repaired within the prescribed schedule, the Public Works Department may perform the maintenance and repair at its expense, and asses the owners(s) of the facility for the cost of necessary work and any penalties; and
- Provide any other provisions necessary to accomplish the goals of this ordinance as required by the City Engineer or Drainage Utility Supervisor.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
16.05.010 Violations Of This Title16.05.020 Permit Required16.05.030 No Polluted Waters16.05.040 Obstructions16.05.050 Dumping16.05.060 Damage To Facilities16.05.070 Tracking Mud Or Materials On Public Street16.05.080 Washing Out Concrete Trucks16.05.090 Stockpiling Debris16.05.100 Chemical Storage Or Use16.05.110 Dumpster Location16.05.120 Portable Toilet Location16.05.130 Dust Control16.05.140 Illicit Discharges16.05.150 Residential Roof Drainage RestrictionsIt is unlawful for any person or entity to violate or cause to be violated any of the provisions of this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
It is unlawful for any person or entity to conduct or cause to be conducted any activity which is subject to the Stormwater Permit requirements of this Title upon any parcel of real property within the City unless a Stormwater Permit and all of its applicable components have been issued for the subject parcel of real property and activity.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
The only substance allowed to be discharged under this Title into the City’s storm drain system is stormwater, surface drainage, subsurface drainage, ground water, or roof run-off water. Such water may be discharged only into City storm drain system facilities which have adequate capacity for the accommodation of such water. Such discharged water shall comply with the terms and provisions of this Title and the City’s stormwater quality standards.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
- Obstruction. It is unlawful for any person or entity to obstruct or contribute to the obstruction of the flow of stormwater run-off or non-stormwater run-off into any detention basin, storm drain, curb and gutter, drain inlet, or other associated structural controls that convey stormwater and/or non-stormwater run-off, unless the obstruction is authorized in writing by the City.
- Interference. It is unlawful for any person or entity to cause any obstruction that inhibits the normal flow of stormwater and/or non-stormwater run-off in any curb and gutter, unless the obstruction is associated with a street and/or storm drainage improvement project and is authorized in writing by the City and granted with the issuance of a permit signed by an authorized agent of the City.
- Covering Inlet. It is unlawful for any person or entity to cover any drain inlet for any reason or purpose, unless the obstruction is authorized in writing by the City; provided, however, that a drainage system inlet may be temporarily obstructed in emergency situations in order to prevent contaminants from entering the storm drain system.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2022-06 on 7/19/2022
Renumbered by Ord. 2023-09 on 6/20/2023
- Dumping. It is unlawful for any person or entity to dump or allow to be dumped into any detention basin, storm drain, curb, gutter, drain inlet, or other storm drainage structure that conveys stormwater and/or non-stormwater, any type of deleterious product, including, but not limited to, debris, petroleum product, chemical, paint, pesticide, herbicide, heavy metal, acid or base product, solid or liquid waste product, hazardous waste product, and/or human or animal waste.
- Exceptions. The restrictions set forth in Subsection (a) shall not apply to the normal run-off of non-stormwater related to domestic home uses; for example, lawn watering.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
It shall be unlawful for any person or entity to place or cause to be placed in the easement, channel, bed or bank of any river, stream, wash or other natural drain or within or upon any storm drain, subsurface drain, flood control channel, reservoir, detention basin, debris basin, spreading ground or other property over which the City has an interest, matter of any kind that may operate to impede, retard or change the normal direction of the flow of flood, storm, subsurface or other waters, or that may catch or collect debris carried by such waters, or that may be carried downstream by such waters to the damage and detriment of adjacent private or public property, or that may degrade the quality of the water, without first obtaining a written permit for such placement from the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
It is unlawful for any person or entity to track or drop mud, stones, dirt, concrete, gravel, sediment, or other similar materials onto public streets by construction or delivery vehicles. It shall be the duty of the driver of a vehicle who unlawfully drops or deposits mud, stones, concrete, gravel, sediment, or other similar materials or permits the load or any portion thereof to be dropped or deposited upon any public street to immediately remove the same or cause the same to be removed. It shall be the duty of the driver of any vehicle to clean the tires and vehicle undercarriage of dirt or debris before the vehicle enters onto a paved public street. Developers shall provide for the cleaning of all construction vehicles on site before the vehicles leave the site. Developers shall be required to bond for protection measure and potential clean up costs as determined by the Drainage Utility Supervisor and City Engineer in connection with any City approvals or permits issued for the land disturbance or construction activity. In the event construction traffic causes debris to be dropped or deposited onto public streets in violation of this Section, Developers shall also be responsible and liable for cleaning the public streets. Curbs, gutters, and streets adjacent to construction projects will be inspected by the City for compliance with the provisions of this Section.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
It is unlawful for any person or entity to wash out a concrete truck at any construction site other than in pre-approved designated areas or to discharge waste concrete or concrete truck rinse water except into pre-approved discharge facilities. Dumping of excess concrete at any construction site shall not be allowed. It shall be the duty of the driver of the concrete vehicle to wash out his or her concrete truck in pre-approved designated areas. The driver of the vehicle shall be responsible for cleaning up any concrete or debris deposited on any site in violation of this Section. Developers shall provide a pre-approved designated area for the cleaning of concrete trucks. Developers shall be required to bond for protection measure and potential clean up costs as determined by the Drainage Utility Supervisor and/or City Engineer in connection with any City approvals or permits issued for the land disturbance or construction activity. In the event a concrete truck is washed out or excess concrete is deposited on any site, the Developer shall also be responsible and liable for cleaning up the illegally deposited concrete from the site. Projects will be inspected by the City for compliance with the provisions of this Section.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
It is unlawful for any person or entity to stockpile construction or yard improvement materials or debris in the street, gutter or in any drainage channel (natural or man-made). This includes, but is not limited to, ramps being constructed for temporary access across the existing curb and gutter, stockpiling of topsoil or other fill material, stockpiling of sand, gravel, landscape rock, bark, mulch, or any other material that may be considered a source of pollution in the storm drain system. Materials stored on a pallet or in a self-contained storage unit may be pre-approved by the Public Works Director.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
It is unlawful for any person or entity to use or store chemicals in a manner that causes pollution to the City’s storm drain system.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
Dumpsters shall not be allowed in the street or on any paved surfaces within the public right-of-way except as may be approved under special circumstances by the Public Works Director, in accordance with CMC 11.01.085 (Dumpsters and Equipment). Drain plugs with respect to containers designed with drains shall be in place at all times. Dumpsters shall be serviced with sufficient frequency so as to prevent overflow, spillage and the emanation of offensive odors.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-07 on 4/4/2023
Renumbered by Ord. 2023-09 on 6/20/2023
Portable toilets shall not be allowed in the street, on any paved surfaces, or in the park strip except as may be approved in writing under special circumstances by the Public Works Director.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
Dust control measures shall be implemented on all construction sites where there will be major soil disturbances or heavy construction activity, such as clearing, excavation, demolition, or excessive vehicle traffic. Dust control measures include, but are not limited to mulch, sprinkling, vegetative cover, wind breaks, stone, and spray on chemical soil treatments.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
- No person or entity shall discharge or cause to be discharged into the City’s storm drain system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards.
- The commencement, conduct or continuance of any illicit discharge to the City’s storm drain system is prohibited except as described as follows:
- Water line flushing or other potable water sources;
- Landscape irrigation or lawn watering;
- Approved diverted stream flows;
- Ground water infiltration to storm drains (this exemption does not apply to construction sites unless otherwise addressed in applicable stormwater permit; pumping or otherwise channeling ground water to the storm drain system is not considered ground water “infiltration” and does not fall under this exemption);
- Air conditioning condensation;
- Natural riparian habitat or wetland flows;
- Emergency fire fighting activities;
- Swimming pools (only if dechlorinated in accordance with federal regulations to less than 0.4 PPM chlorine); or
- Discharges specified in writing by the Public Works Director as being necessary to protect public health and safety.
- Dye testing is an allowable discharge, but requires a written notification to the Public Works Director five business days prior to the time of the test.
- The prohibitions set forth in this Section shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system by the City.
- The prohibitions set forth in this Section expressly include, without limitation, connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. The prohibition also expressly includes, without limitation, connections of sanitary sewer lines to the storm drain system.
- No person or entity shall install drainage outlets into curbsides. In limited circumstances, when deemed necessary, the Public Works Director and City Engineer may approve in writing an exception to this provision based on a showing of necessity and good cause.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
No person or entity shall connect roof drains to the subsurface drainage system. The capacity of the subsurface drainage system is not designed to handle the quantity of run-off generated from roof drains. Run-off from roof drains should be directed to a lawn or a flower bed.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
16.06.010 Purpose16.06.020 Authorized Enforcement Officers16.06.030 Notification Of Spills16.06.040 Inspections16.06.050 Testing And Monitoring16.06.060 Removal Of Obustruction16.06.070 Stop Work Order And Revocation Of Permit16.06.080 Order Compliance16.06.090 Documentation16.06.100 Violation And PenaltyThe purpose of this Chapter is to provide specific processes and sanctions to minimize the occurrence of stormwater violations and to obtain compliance from violators. In accordance with the UDPDES General Permit for MS4s, the City’s enforcement program shall include appropriate enforcement procedures, escalating enforcement actions, and appeals procedures.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
The following persons are authorized to implement the enforcement procedures set forth herein. Such authorized enforcement officers have the authority, to the extent permitted by law, to impose sanctions to ensure compliance with the provisions of this Title and the City’s stormwater management program. Authorized enforcement officers include the Public Works Director, Drainage Utility Supervisor, City Engineer, City Building Inspector or Building Official, Code Enforcement Officer, or other specifically designated agent of the City.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
- All persons in charge of a project, development, or facility or responsible for emergency response for a project, development or facility are responsible to train personnel, maintain records of such training and maintain notification procedures to assure that immediate notification is provided to the City upon becoming aware of any suspected, confirmed or unconfirmed release of material, pollutants or waste that creates a risk of discharge into the City’s storm drain system.
- As soon as any person in charge of a project, development, or facility or responsible for emergency response for a project, development or facility has knowledge of any release of materials as described in Subsection (a), such person shall take all necessary steps to ensure the containment and clean up of such release and shall immediately notify the Drainage Utility Supervisor of the occurrence (no later than the next business day).
- The notification requirements of this Section are in addition to any other notification requirements set forth in Federal, State, or local regulations and/or laws.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
Whenever the Drainage Utility Supervisor determines it is necessary to make an inspection to enforce any of the provisions of this Title, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which may constitute a violation of the provisions of this Title, the Drainage Utility Supervisor and/or enforcement official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the official by this Title; provided that: (1) if such building or premises is occupied, he or she first shall present proper credentials and request entry; and (2) if such building or premises is unoccupied, he or she first shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
- Whenever the Drainage Utility Supervisor determines that any person engaged in any activity and/or owning or operating any facility may cause or contribute to stormwater pollution or illicit discharges to the City’s storm drain system, the Drainage Utility Supervisor may, by written notice, order that such person undertake such monitoring activities and/or analyses and furnish such reports as the Drainage Utility Supervisor may recommend. The written notice shall be served either in person or by certified or registered mail, return receipt requested, and shall set forth the basis for such order and shall particularly describe the monitoring activities and/or analyses and reports required. The burden to be borne by the owner or operator, including costs of these activities, analyses and reports, shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such order shall undertake and provide the monitoring, analyses and reports within the time frames set forth in the order.
- In the event the owner or operator of a project, development or facility fails to conduct the monitoring and/or analyses and furnish the reports required by the order in the time frames set forth therein, the City may cause such monitoring and/or analyses to occur and assess all costs incurred, including reasonable administrative costs and attorney’s fees, to the facility owner or operator. The City may pursue judicial action to enforce the order and recover all costs incurred.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2023-09 on 6/20/2023
In addition to any penalties which may be imposed pursuant to this Title, the City may do the following:
- Remove any of the obstructions and any pipelines or other devices installed in violation of the provisions of this Title;
- Give written notice to persons in violation of the provisions of this Title requiring the removal of offending installations from natural channels or other storm drainage facilities. Notices may be personally served or may be mailed to violators by registered mail provided that a copy is also posted on offending installations for a period of 10 days. If such installations are not removed within 10 days after notice is given, the City may effect removal at the expense of the person in violation and may recover its costs and expenses therefor; and/or
- Bring an action for the abatement of the nuisance caused by the offending installation, and/or for the recovery of the City’s costs and expenses incurred in removing the offending installation pursuant to Subsections (a) or (b), above.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
In the event that any person holding a Stormwater Permit pursuant to this Title fails to complete the work required under the Permit, fails to comply with all the requirements, conditions and terms of the Permit, or violates the terms of the Permit the City may suspend or revoke the Stormwater Permit and/or the applicable site development permit and issue a stop work order as is necessary to eliminate any danger to persons or property and to leave the site in a safe condition. The City may also authorize completion of all necessary temporary or permanent erosion control or stabilization measures, including use of bond. The Permittee shall be liable to the City for all costs and expenses that may be incurred or expended by the City in bringing the property into compliance with the requirements of the Permit and any collection costs, including legal fees, incurred by the City. The City may recover these costs through appropriate legal action. The City may also suspend or revoke or issue a stop work order for any development, site work, or other activity conducted in violation of the terms and conditions of this Title. Any person issued a stop work order due to violations of this Title shall be liable to the City for all costs and expenses incurred by the City in bringing the property or work into compliance with the terms of this Title, including any collection costs and attorney’s fees incurred by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
Whenever the City finds that a person or entity has violated a prohibition or failed to meet a requirement of this Title, the authorized enforcement official may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
- The performance of monitoring, analyses, and reporting;
- The elimination of illicit connections or discharges;
- That violating discharges, practices, or operations shall cease and desist;
- The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
- Payment of a fine to cover administrative and remediation costs; and
- The implementation of source control or treatment BMPs.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
The City is required to provide documentation and tracking of all stormwater enforcement actions in accordance with applicable provisions of the UPDES General Permit for MS4s.
HISTORY
Adopted by Ord. 2023-09 on 6/20/2023
- Violation. Any person who violates any provision of this Title shall be guilty of a class B misdemeanor and shall be subject to fines as provided in Utah Code § 76-3-301, as amended, and/or imprisonment as provided in Utah Code § 76-3-204, as amended. Each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense.
- Civil Penalties. The City may impose civil penalties for any violation of this Title in accordance with applicable provisions of CMC 1.06 (Civil Penalties).
- Damages. If, as the result of the violation of any provision of this Title, the City or any other party suffers damage and is required to make repairs to and/or replace any materials, the cost of the repair or replacement shall be borne by the party in violation, in addition to any criminal fines and/or penalties.
- Nuisance. In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this Title shall be considered a threat to the public health, safety, welfare and the environment, and may be declared and deemed a nuisance by the Public Works Director, or his or her designee, and may be abated and/or restored by the City in accordance with nuisance procedures.
- Other Relief. This Section shall not limit the authority of any court of competent jurisdiction to impose any other sanction or order any other relief as may be appropriate and lawful under local, State or Federal law.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Renumbered by Ord. 2023-09 on 6/20/2023
17.01 Findings And Definitions17.02 Franchise Required17.03 Compensation And Fees17.04 Franchise Application17.05 Construction Regulations17.06 Sale Or Transfer17.07 Oversight And Insurance17.08 Enforcement And Remedies17.09 Miscellaneous Provisions17.01.010 Findings And Intent17.01.020 Scope17.01.030 Excluded Activity17.01.040 Definitions- Findings Regarding Rights-of-Way. The City finds that the Rights-of-Way within the City:
- Are critical to the travel and transport of persons and property in the business and social life of the City;
- Are intended for public uses and must be managed and controlled consistent with that intent;
- Can be partially occupied by the facilities of utilities and other public service entities delivering utility and public services rendered for profit, to the enhancement of the health, welfare, and general economic well-being of the City and its citizens; and
- Are a unique and physically limited resource requiring proper management to maximize the efficiency and to minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, placement, relocation, and maintenance in the Rights-of-Way.
- Finding Regarding Compensation. The City finds that the City should receive fair and reasonable compensation for use of the Rights-of-Way.
- Finding Regarding Local Concern. The City finds that while Telecommunications Systems are in part an extension of interstate commerce, their operations also involve Rights-of-Way, municipal franchising, and vital business and community service, which are of local concern.
- Finding Regarding Promotion of Telecommunications Services. The City finds that it is in the best interests of its taxpayers and citizens to promote the rapid development of Telecommunications Services, on a nondiscriminatory basis, responsive to community and public interest, and to assure availability for municipal, educational and community services.
- Findings Regarding Franchise Standards. The City finds that it is in the interests of the public to Franchise and to establish standards for franchising Providers in a manner that:
- Fairly and reasonably compensates the City on a competitively neutral and nondiscriminatory basis as provided herein;
- Encourages competition by establishing terms and conditions under which Providers may use valuable public property to serve the public;
- Fully protects the public interests and the City from any harm that may flow from such commercial use of Rights-of-Way;
- Protects the police powers and Rights-of-Way management authority of the City in a manner consistent with federal and state law;
- Otherwise protects the public interests in the development and use of the City infrastructure;
- Protects the public's investment in improvements in the Rights-of-Way; and
- Ensures that no barriers to entry of Telecommunications Providers are created and that such franchising is accomplished in a manner that does not prohibit or have the effect of prohibiting Telecommunication Services, within the meaning of the Telecommunications Act of 1996 ("Act") as set forth in 47 USC 609, et seq. [P.L. No. 104-104].
- Power to Manage Rights-of-Way. The City adopts this Title pursuant to its power to manage the Rights-of-Way, pursuant to common law, the Utah Constitution and statutory authority, and to receive fair and reasonable, compensation for the use of Rights-of-Way by Providers as expressly set forth by Section 253 of the Act.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
This Title shall provide the basic local scheme for Providers of Telecommunications Services and Systems that require the use of the Rights-of- Way, including Providers of both the System and Service, those Providers of the System only, and those Providers who do not build the System but who only provide Services. This Title shall apply to all future Providers and to all Providers in the City prior to the effective date of this Title, whether operating with or without a Franchise.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Cable TV. This Title shall not apply to cable television operators otherwise regulated by other state, federal or municipal franchises or ordinances. See CMC 18 (Cable) regarding municipal regulation of cable television operators.
- Wireless Services. This Title shall not apply to Personal Wireless Service Facilities.
- Provisions Applicable to Excluded Providers. Providers excused by other law that prohibits the City from requiring a Franchise shall not be required to obtain a Franchise, but all of the requirements imposed by this Title through the exercise of the City's police power and not preempted by other law shall be applicable.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
For purposes of this Title, the following terms, phrases, words, and their derivatives shall have the meanings set forth in this Section, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the single number include the plural number, and words in the plural number include the singular. The word "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
- "Application" means the process by which a Provider submits a request and indicates a desire to be granted a Franchise to utilize the Rights-of-Way of all, or a part, of the City. An Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by a Provider to the City concerning: the construction of a Telecommunications System over, under, on or through the Rights-of-Way; the Telecommunications Services proposed to be provided in the City by a Provider; and any other matter pertaining to a proposed System or Service.
- “City” means Centerville City, Utah.
- "Completion Date" means the date that a Provider begins providing Services to customers in the City.
- "Construction Costs" means all costs of constructing a System, including make ready costs, other than engineering fees, attorneys or accountants fees, or other consulting fees.
- “Control” or “Controlling Interest” means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be, of the System or of a Provider. A rebuttable presumption of the existence of Control or a Controlling Interest shall arise from the beneficial ownership, directly or indirectly, by any Person, or group of Persons acting in concert, of more than 35% of any Provider (which Person or group of Persons is hereinafter referred to as “Controlling Person”). “Control” or “Controlling Interest” as used herein may be held simultaneously by more than one Person or group of Persons.
- "FCC" means the Federal Communications Commission, or any successor thereto.
- "Franchise" means the rights and obligations extended by the City to a Provider to own, lease, construct, maintain, use or operate a System in the Rights-of-Way within the boundaries of the City. Any such authorization, in whatever form granted, shall not mean or include: (1) any other permit or authorization required for the privilege of transacting and carrying on a business within the City required by the ordinances and laws of the City; (2) any other permit, agreement or authorization required in connection with operations on Rights-of-Way or public property including, without limitation, permits and agreements for placing devices on or in poles, conduits or other structures, whether owned by the City or a private entity, or for excavating or performing other work in or along the Rights-of-Way.
- "Franchise Agreement" means a contract entered into in accordance with the provisions of this Title between the City and a Franchisee that sets forth, subject to this Title, the terms and conditions under which a Franchise will be exercised.
- "Gross Revenue" includes all revenues of a Provider that may be included as gross revenue within the meaning of Chapter 26, Title 11 of the Utah Code Annotated, 1953, as amended. In the case of any Provider not covered within the ambit of Chapter 26, Title 11 of the Utah Code, the definition of Gross Revenue shall be that set forth in the Franchise Agreement.
- "Infrastructure Provider" means a Person providing to another, for the purpose of providing Telecommunication Services to customers, all or part of the necessary System which uses the Rights-of-Way.
- "Open Video Service" means any video programming services provided to any Person through the use of Rights-of-Way, by a Provider that is certified by the FCC to operate an Open Video System pursuant to Section 651, et seq., of the Telecommunications Act (47 U.S. C. Title VI, Part V), regardless of the System used.
- "Open Video System" means the system of cables, wires, lines, towers, wave guides, optic fiber, microwave, laser beams, and any associated converters, equipment, or facilities designed and constructed for the purpose of producing, receiving, amplifying or distributing Open Video Services to or from subscribers or locations within the City.
- "Operator" means any Person who provides Service over a Telecommunications System and directly or through one or more Persons owns a Controlling Interest in such System, or who otherwise controls or is responsible for the operation of such a System.
- "Ordinance" or "Telecommunications Ordinance" means this Title concerning the granting of Franchises in and by the City for the construction, ownership, operation, use or maintenance of a Telecommunications System.
- "Person" includes any individual, corporation, partnership, association, joint stock company, trust, or any other legal entity, but not the City.
- "Personal Wireless Services Facilities" has the same meaning as provided in Section 704 of the Telecommunications Act (47 U.S.C. 332(c)(7)(c)), which includes what is commonly known as cellular and PCS Services that do not install any System or portion of a System in the Rights-of-Way.
- "Provider" means an Operator, Infrastructure Provider, Resaler, or System Lessee.
- "PSC" means the Public Service Commission, or any successor thereto.
- "Resaler" refers to any Person that provides local exchange service over a System for which a separate charge is made, where that Person does not own or lease the underlying System used for the transmission.
- "Rights-of-Way" means the surface of and the space above and below any public street, sidewalk, alley, or other public way of any type whatsoever, now or hereafter existing as such within the City.
- "Signal" means any transmission or reception of electronic, electrical, light or laser or radio frequency energy or optical information in either analog or digital format.
- "System Lessee" refers to any Person that leases a System or a specific portion of a System to provide Services.
- "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing (e.g., data, video, and voice), without change in the form or content of the information sent and received.
- "Telecommunications System" or "System" means all conduits, manholes, poles, antennas, transceivers, amplifiers and all other electronic devices, equipment, Wire and appurtenances owned, leased, or used by a Provider, located in the Rights-of-Way and utilized in the provision of Services, including fully digital or analog, voice, data and video imaging and other enhanced Telecommunications Services. Telecommunications System or Systems also includes an Open Video System.
- "Telecommunications Services" or "Services" means any telecommunications or communications services provided by a Provider within the City that the Provider is authorized to provide under federal, state and local law, and any equipment and/or facilities required for and integrated with the Services provided within the City, except that these terms do not include "cable service" as defined in the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 (47 D.S.C. 521, et seq.), and the Telecommunications Act. Telecommunications System or Systems also includes an Open Video System.
- “Wire” means fiber optic Telecommunications cable, wire, coaxial cable, or other transmission medium that may be used in lieu thereof for similar purposes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
17.02.010 Non-Exclusive Franchise17.02.020 Every Provider Must Obtain17.02.030 Nature Of Grant17.02.040 Current Providers17.02.050 Nature Of Franchise17.02.060 Regulatory Approval Needed17.02.070 TermThe City is empowered and authorized to issue non-exclusive Franchises governing the installation, construction, operation, use and maintenance of Systems in the City's Rights-of-Way, in accordance with the provisions of this Title. The Franchise is granted through a Franchise Agreement entered into between the City and Provider.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Except to the extent preempted by federal or state law, as ultimately interpreted by a court of competent jurisdiction, including any appeals, every Provider must obtain a Franchise from the City prior to constructing a Telecommunications System or providing Telecommunications Services using the Rights-of-Way, and every Provider must obtain a Franchise before constructing an Open Video System or providing Open Video Services via an Open Video System. Any Open Video System or Service shall be subject to the customer service and consumer protection provisions applicable to the Cable TV companies to the extent the City is not preempted or permitted as ultimately interpreted by a court of competent jurisdiction including any appeals. The fact that particular Telecommunications Systems may be used for multiple purposes does not obviate the need to obtain a Franchise for other purposes. By way of illustration and not limitation, a cable operator of a cable system must obtain a cable franchise, and, should it intend to provide Telecommunications Services over the same System, must also obtain a Telecommunications Franchise.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A Franchise shall not convey title, equitable or legal, in the Rights-of- Way. A Franchise is only the right to occupy Rights-of-Way on a non-exclusive basis for the limited purposes and for the limited period stated in the Franchise. The right may not be subdivided, assigned, or subleased, except as may be expressly provided in a Franchise Agreement. A Franchise does not excuse a Provider from obtaining appropriate access or pole attachment agreements before co-locating its System on the property of others, including the City's property. This Section shall not be construed to prohibit a Provider from leasing conduit to another Provider, so long as the Lessee has obtained a Franchise.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Except to the extent exempted by federal or state law, any Provider acting without a Franchise on the effective date of this Title shall request issuance of a Franchise from the City within 90 days of the effective date of this Title. If such request is made, the Provider may continue providing service during the course of negotiations. If a timely request is not made, or if negotiations cease and a Franchise is not granted, the Provider shall comply with the provisions of CMC 17.08.040.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Franchise granted by the City under the provisions of this Title shall be a nonexclusive Franchise providing the right and consent to install, operate, repair, maintain, remove and replace its System on, over and under the Rights-of-Way in order to provide Services.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Before offering or providing any Services pursuant to the Franchise, a Provider shall obtain any and all regulatory approvals, permits, authorizations or licenses for the offering or provision of such Services from the appropriate federal, state and local authorities, if required, and shall submit to the City upon the written request of the City evidence of all such approvals, permits, authorizations or licenses.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
No Franchise issued pursuant to this Title shall have a term of less than five years or greater than 10 years. Each Franchise shall be granted in a non-discriminatory manner.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
17.03.010 Compensation17.03.020 Timing17.03.030 Fee Statement And Certification17.03.040 Future Costs17.03.050 Taxes And Assessments17.03.060 Interest On Late Payments17.03.070 No Accord And Satisfaction17.03.080 Not In Lieu Of Other Taxes Or Fees17.03.090 Continuing Obligation And Holdover17.03.100 Costs Of PublicationAs fair and reasonable compensation for any Franchise granted pursuant to this Title, a Provider shall have the following obligations:
- Application Fee. In order to offset the cost to the City to review an Application for a Franchise and in addition to all other fees, permits or charges, a Provider shall pay to the City, at the time of Application, a non-refundable Application fee set forth in the City Fee Schedule. The Application fee shall also be paid when an amendment, renewal or transfer of an Application is filed with the City. Applicants shall also be required to pay reasonable costs and expenses for professional services, such as engineering and legal fees, incurred by the City in connection with any application.
- Franchise Fees. The Franchise fee, if any, shall be set forth in the Franchise Agreement. The obligation to pay a Franchise fee shall commence on the Completion Date. The Franchise fee is offset by any business license tax or fee enacted by the City.
- Excavation Permits. The Provider shall also pay fees required for an excavation permit as provided in the Excavation Permit Ordinance set forth in CMC 11.04 (Excavation Permits).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2026-08 on 4/7/2026
Unless otherwise agreed to in the Franchise Agreement, all Franchise Fees shall be paid on a monthly basis within 45 days of the close of each calendar month.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Unless a Franchise Agreement provides otherwise, each fee payment shall be accompanied by a statement showing the manner in which the fee was calculated and shall be certified as to its accuracy.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A Provider shall pay to the City or to third parties, at the direction of the City, an amount equal to the reasonable costs and expenses that the City incurs for the services of third parties (including but not limited to attorneys and other consultants) in connection with any renewal or Provider-initiated renegotiation, transfer, amendment or other modification of this Title or a Franchise, provided, however, that the parties shall agree upon a reasonable financial cap at the outset of negotiations. Any costs associated with any work to be done to provide space on City owned poles shall be borne by the Provider.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
To the extent taxes or other assessments are imposed by taxing authorities, other than the City on the use of the City property as a result of a Provider's use or occupation of the Rights-of-Way, the Provider shall be responsible for payment of its pro rata share of such taxes, payable annually unless otherwise required by the taxing authority. Such payments shall be in addition to any other fees payable pursuant to this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In the event that any payment is not actually received by the City on or before the applicable date fixed in the Franchise, interest thereon shall accrue from such date until received at the rate charged for delinquent state taxes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
No acceptance by the City of any fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such fee payment be construed as a release of any claim the City may have for additional sums payable.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The fee payment is not a payment in lieu of any tax, fee or other assessment except as specifically provided in this Title, or as required by applicable law. By way of example, and not limitation, excavation permit fees are not waived and remain applicable.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In the event a Provider continues to operate all or any part of the System after the Term of the Franchise, such operator shall continue to comply with all applicable provisions of this Title and the Franchise, including, without limitation, all compensation and other payment provisions throughout the period of such continued operation, provided that any such continued operation shall in no way be construed as a renewal or other extension of the Franchise, nor as a limitation on the remedies, if any, available to the City as a result of such continued operation after the term, including, but not limited to, damages and restitution.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A Provider shall assume any publication costs associated with its Franchise that may be required by law.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
17.04.010 Franchise Application17.04.020 Application Criteria17.04.030 Franchise DeterminationTo obtain a Franchise to construct, own, maintain or provide Services through any System within the City, to obtain a renewal of a Franchise granted pursuant to this Title, or to obtain the City approval of a transfer of a Franchise, as provided in CMC 17.06.010, granted pursuant to this Title, an Application must be filed with City on a form provided by the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In making a determination as to an Application filed pursuant to this Title, the City may, but shall not be limited to, request or consider the following:
- Obtaining a copy of the order from the PSC granting a Certificate of Convenience and Necessity, if any is necessary for Provider's offering of Services within the State of Utah;
- Certification of the Provider's financial ability to compensate the City for Provider's intrusion, maintenance and use of the Rights-of-Way during the Franchise term proposed by the Provider;
- Provider's Agreements to comply with the requirements of this Title; and
- Prior to making any attachments to poles, the willingness to enter into a pole attachment agreement with the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City, in its discretion, shall determine the award of any Franchise on the basis of these and other considerations relevant to the use of the Rights-of-Way, without competitive bidding.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
17.05.010 General Requirement17.05.020 Quality17.05.030 Licenses And Permits17.05.040 Relocation Of The System17.05.050 Protect Structures17.05.060 No Obstruction17.05.070 Safety Precautions17.05.080 Repair17.05.090 System Maintenance17.05.100 Trimming Of Trees17.05.110 Publicizing WorkNo Provider shall receive a Franchise unless it agrees to comply with each of the terms set forth in this Title governing construction and technical requirements for its System, in addition to any other requirements or procedures specified by the City or the Franchise, including requirements regarding locating and sharing in the cost of locating portions of the System with other Systems or with City utilities. A Provider shall obtain a City Excavation Permit, pursuant to the Excavation Permit Ordinance set forth in CMC 11.04 (Excavation Permits), before commencing any work in the Rights-of-Way.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All work involved in the construction, operation, maintenance, repair, upgrade and removal of the System shall be performed in a safe, thorough and reliable manner using materials of good and durable quality. If, at any time, it is determined by the FCC or any other agency granted authority by federal law or the FCC to make such determination, that any part of the System, including, without limitation, any means used to distribute Signals over or within the System, is harmful to the public health, safety or welfare, or quality of service or reliability, then a Provider shall, at its own cost and expense, promptly correct all such conditions.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A Provider shall have the sole responsibility for diligently obtaining, at its own cost and expense, all permits, licenses or other forms of approval or authorization necessary to construct, operate, maintain, upgrade or repair the System, including but not limited to any necessary approvals from Persons and/or the City to use private property, easements, poles and conduits. A Provider shall obtain any required permit, license, approval or authorization, including but not limited to excavation permits, pole attachment agreements, etc., prior to the commencement of the activity for which the permit, license, approval or authorization is required.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- New Grades or Lines. If the grades or lines of any Rights-of-Way are changed at any time in a manner affecting the System, then a Provider shall comply with the requirements of the Excavation Permit Ordinance set forth in CMC 11.04 (Excavation Permits).
- The City Authority to Move System. The City may, at any time, in case of fire, disaster or other emergency, as determined by the City in its reasonable discretion, cut or move any parts of the System and appurtenances on, over or under the Rights-of-Way of the City, in which event the City shall not be liable therefor to a Provider. The City shall notify a Provider in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this Section. Notice shall be given as provided in CMC 17.09.040.
- A Provider Required to Temporarily Move System. A Provider shall, upon prior reasonable written notice by the City or any Person holding a permit to move any structure, and within the time that is reasonable under the circumstances, temporarily move any part of its System to permit the moving of said structure. A Provider may impose a reasonable charge on any Person other than the City for any such movement of its Systems.
- Rights-of-Way Change - Obligation to Move System. When the City is changing any Rights-of-Way and makes a written request, a Provider is required to move or remove its System from the Rights-of-Way, without cost to the City, to the extent provided in the Excavation Permit Ordinance. This obligation does not apply to Systems originally located on private property pursuant to a private easement, which property was later incorporated into the Rights-of-Way, if that private easement grants a superior vested right. This obligation exists whether or not the Provider has obtained an Excavation Permit.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In connection with the construction, operation, maintenance, repair, upgrade or removal of the System, a Provider shall, at its own cost and expense, protect any and all existing structures belonging to the City and all designated landmarks, as well as all other structures within any designated landmark district. A Provider shall obtain the prior written consent of the City to alter any water main, power facility, sewerage or drainage system, or any other municipal structure on, over or under the Rights-of-Way of the City required because of the presence of the System. Any such alteration shall be made by the City or its designee on a reimbursable basis. A Provider agrees that it shall be liable for the costs incurred by the City to replace or repair and restore to its prior condition in a manner as may be reasonably specified by the City, any municipal structure or any other Rights-of-Way of the City involved in the construction, operation, maintenance, repair, upgrade or removal of the System that may become disturbed or damaged as a result of any work thereon by or on behalf of a Provider pursuant to the Franchise.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In connection with the construction, operation, maintenance, upgrade, repair or removal of the System, a Provider shall not unreasonably obstruct the Rights-of-Way of fixed guide way systems, railways, passenger travel, or other traffic to, from or within the City without the prior consent of the appropriate authorities.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A Provider shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, security personnel and suitable and sufficient lighting, and such other requirements prescribed by OSHA and Utah OSHA. A Provider shall comply with all applicable federal, state and local requirements including but not limited to the National Electric Safety Code.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
After written reasonable notice to the Provider, unless, in the sole determination of the City, an eminent danger exists, any Rights-of-Way within the City which are disturbed or damaged during the construction, operation, maintenance or reconstruction by a Provider of its System may be repaired by the City at the Provider’s expense to a condition as good as that prevailing before such work was commenced. Upon doing so, the City shall submit to such a Provider an itemized statement of the cost for repairing and restoring the Rights-of-Ways intruded upon. The Provider shall, within 30 days after receipt of the statement, pay to the City the entire amount thereof.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A Provider shall:
- Install and maintain all parts of its System in a non-dangerous condition throughout the entire period of its Franchise;
- Install and maintain its System in accordance with standard prudent engineering practices and shall conform, when applicable, with the National Electrical Safety Code and all other applicable federal, state and local laws or regulations; and
- At all reasonable times, permit examination by any duly authorized representative of the City of the System and its effect on the Rights-of-Way.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A Provider shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over Rights-of-Way so as to prevent the branches of such trees from coming in contact with its System.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Before entering onto any private property, a Provider shall make a good faith attempt to contact the property owners in advance and describe the work to be performed.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
17.06.010 Notification Of Sale17.06.020 If PSC Approval Is No Longer Required17.06.030 Events Of Sale- PCS Approval. When a Provider is the subject of a sale, transfer, lease, assignment, sublease or disposed of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, consolidation or otherwise, such that it or its successor entity is obligated to inform or seek the approval of the PSC, the Provider or its successor entity shall promptly notify the City of the nature of the transaction. The notification shall include either: (1) the successor entity's certification that the successor entity unequivocally agrees to all of the terms of the original Providers Franchise Agreement; or (2) the successor entity's Application in compliance with this Title.
- Transfer of Franchise. Upon receipt of a notification and certification in accordance with Subsection (a), the City designee, as provided in CMC 17.08.010, shall send notice affirming the transfer of the Franchise to the successor entity. If the City has good cause to believe that the successor entity may not comply with this Title or the Franchise Agreement, it may require an Application for the transfer. The Application shall comply with CMC 17.04.010.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
If the PSC no longer exists, or if its regulations or state law no longer require approval of transactions described in CMC 17.06.010, and the City has good cause to believe that the successor entity may not comply with this Title or the Franchise Agreement, it may require an Application. The Application shall comply with the provisions of this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The following events shall be deemed to be a sale, assignment or other transfer of the Franchise requiring compliance with CMC 17.06.010:
- The sale, assignment or other transfer of all or a majority of a Providers assets to another Person;
- The sale, assignment or other transfer of capital stock or partnership, membership or other equity interests in a Provider by one or more of its existing shareholders, partners, members or other equity owners so as to create a new Controlling Interest in a Provider;
- The issuance of additional capital stock or partnership, membership or other equity interest by a Provider so as to create a new Controlling Interest in such a Provider; or
- The entry by a Provider into an agreement with respect to the management or operation of such Provider or its System.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
17.07.010 Insurance, Indemnity, And Security17.07.020 Oversight17.07.030 Maintain Records17.07.040 Confidentiality17.07.050 Provider's Expense17.07.060 Right Of InspectionPrior to the execution of a Franchise, a Provider will deposit with the City an irrevocable surety bond as required by the terms of the Franchise, and shall obtain and provide proof of the insurance coverage required by the Franchise. A Provider shall also indemnify the City as set forth in the Franchise.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2019-16 on 8/20/2019
The City shall have the right to oversee, regulate and inspect periodically the construction, maintenance, and upgrade of the System, and any part thereof, in accordance with the provisions of the Franchise and applicable law. A Provider shall establish and maintain managerial and operational records, standards, procedures and controls to enable a Provider to prove, in reasonable detail, to the satisfaction of the City at all times throughout the Term, that a Provider is in compliance with the Franchise. A Provider shall retain such records for not less than the applicable statute of limitations.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A Provider shall at all times maintain:
- On file with the City, a full and complete set of plans, records and" as-built" hard copy maps and, to the extent the maps are placed in an electronic format, they shall be made in electronic format compatible with the City's existing GIS system, of all existing and proposed installations and the types of equipment and Systems installed or constructed in the Rights-of-Way, properly identified and described as to the types of equipment and facility by appropriate symbols and marks which shall include annotations of all Rights-of- Ways where work will be undertaken. As used herein, "as-built" maps includes "file construction prints." Maps shall be drawn to scale. "As-built" maps, including the compatible electronic format, as provided above, shall be submitted within 30 days of completion of work or within 30 days after completion of modification and repairs. "As-built" maps are not required of the Provider who is the incumbent local exchange carrier for the existing System to the extent they do not exist.
- Throughout the Term of the Franchise, Provider shall maintain complete and accurate books of account and records of the business, ownership, and operations of a Provider with respect to the System in a manner that allows the City at all times to determine whether a Provider is in compliance with the Franchise. Should the City reasonably determine that the records are not being maintained in such a manner, a Provider shall alter the manner in which the books and/or records are maintained so that a Provider comes into compliance with this Section. All financial books and records which are maintained in accordance with the regulations of the FCC and any governmental entity that regulates utilities in the State of Utah, and generally accepted accounting principles shall be deemed to be acceptable under this Section.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
If the information required to be submitted is proprietary in nature or must be kept confidential by federal, state or local law, upon proper request by a Provider, such information shall be treated as a Protected Record within the meaning of the Utah Government Records Access and Management Act ("GRAMA"), making it available only to those who must have access to perform their duties on behalf of the City, provided that a Provider notifies the City of, and clearly labels the information which a Provider deems to be confidential, proprietary information. Such notification and labeling shall be the sole responsibility of the Provider.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All reports and records required under this Title shall be furnished at the sole expense of a Provider, except as otherwise provided in this Title or a Franchise.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
For the purpose of verifying the correct amount of the Franchise fee, the books and records of the Provider pertaining thereto shall be open to inspection or audit by duly authorized representatives of the City at all reasonable times, upon giving reasonable notice of the intention to inspect or audit the books and records. The Provider agrees to reimburse the City the reasonable costs of an audit if the audit discloses that the Provider has paid 95% or less of the compensation due the City for the period of such audit. In the event the accounting rendered to the City by the Provider herein is found to be incorrect, then payment shall be made on the corrected amount within 30 calendar days of written notice, it being agreed that the City may accept any amount offered by the Provider, but the acceptance thereof by the City shall not be deemed a settlement of such item if the amount is in dispute or is later found to be incorrect.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
17.08.010 Enforcement And Remedies17.08.020 Force Majeure17.08.030 Extended Operation And Continuity Of Services17.08.040 Removal Or Abandonment Of Franchise PropertyThe City is responsible for enforcing and administering this Title, and the City or its designee, as appointed by the Council, is authorized to give any notice required by law or under any Franchise Agreement. Any Franchise granted pursuant to this Title shall contain appropriate provisions for enforcement, compensation, and protection of the public, consistent with the other provisions of this Title, including, but not limited to, defining events of default, procedures for accessing the Bond/Security Fund, and rights of termination or revocation.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In the event a Provider's performance of any of the terms, conditions or obligations required by this Title or a Franchise is prevented by a cause or event not within a Provider's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this Section, causes or events not within the control of a Provider shall include, without limitation, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Continuation After Expiration. Upon either expiration or revocation of a Franchise granted pursuant to this Title, the City shall have discretion to permit a Provider to continue to operate its System or provide Services for an extended period of time not to exceed six months from the date of such expiration or revocation. A Provider shall continue to operate its System under the terms and conditions of this Title and the Franchise granted pursuant to this Title.
- Continuation by Incumbent Local Exchange Carrier. If the Provider is the incumbent local exchange carrier, it shall be permitted to continue to operate its System and provide Services without regard to revocation or expiration, but shall be obligated to negotiate a renewal in good faith.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Abandoned System. In the event that: (1) the use of any portion of the System is discontinued for a continuous period of 12 months, and 30 days after no response to written notice from the City to the last known address of Provider; (2) any System has been installed in the Rights-of-Way without complying with the requirements of this Title or Franchise; or (3) the provisions of CMC 17.02.040 are applicable and no Franchise is granted, a Provider, except the Provider who is an incumbent local exchange carrier, shall be deemed to have abandoned such System.
- Removal of Abandoned System. The City, upon such terms as it may impose, may give a Provider written permission to abandon, without removing, any System, or portion thereof, directly constructed, operated or maintained under a Franchise. Unless such permission is granted or unless otherwise provided in this Title, a Provider shall remove within a reasonable time the abandoned System and shall restore, using prudent construction standards, any affected Rights-of-Way to their former state at the time such System was installed, so as not to impair their usefulness. In removing its plant, structures and equipment, a Provider shall refill, at its own expense, any excavation necessarily made by it and shall leave all Rights-of-Way in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles or attachments. The City shall have the right to inspect and approve the condition of the Rights-of-Way cables, Wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this Title and any security fund provided in a Franchise shall continue in full force and effect during the period of removal and until full compliance by a Provider with the terms and conditions of this Section.
- Transfer of Abandoned System to City. Upon abandonment of any System in place, a Provider, if required by the City, shall submit to the City a written instrument, satisfactory in form to the City, transferring to the City the ownership of the abandoned System.
- Removal of Above-Ground System. At the expiration of the term for which a Franchise is granted, or upon its revocation or earlier expiration, as provided for by this Title, in any such case without renewal, extension or transfer, the City shall have the right to require a Provider to remove, at its expense, all above-ground portions of a System from the Rights-of-Way within a reasonable period of time, which shall not be less than 180 days. If the Provider is the incumbent local exchange carrier, it shall not be required to remove its System, but shall negotiate a renewal in good faith.
- Leaving Underground System. Notwithstanding anything to the contrary set forth in this Title, a Provider may abandon any underground System in place so long as it does not materially interfere with the use of the Rights-of-Way or with the use thereof by any public utility, cable operator or other Person.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
17.09.010 Conflicts17.09.020 Severability17.09.030 New Developments17.09.040 Notices17.09.050 Exercise Of Police Power17.09.060 Construction17.09.070 Applicability17.09.080 Other Applicable Ordinances17.09.090 City Failure To Enforce17.09.100 Construed According To Utah LawIn the event of a conflict between any provision of this Title and a Franchise entered pursuant to it, the provisions of this Title in effect at the time the Franchise is entered into shall control.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
If any provision of this Title is held by any federal, state or local court of competent jurisdiction, to be invalid as conflicting with any federal or state statute, or is ordered by a court to be modified in any way in order to conform to the requirements of any such law and all appellate remedies with regard to the validity of the ordinance provisions in question are exhausted, such provision shall be considered a separate, distinct, and independent part of this Title, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law is subsequently repealed, rescinded, amended or otherwise changed, so that the provision which had been held invalid or modified is no longer in conflict with such law the provision in question shall return to full force and effect and shall again be binding on the City and the Provider, provided that the City shall give the Provider 30 days, or a longer period of time as may be reasonably required for a Provider to comply with such a rejuvenated provision, and written notice of the change before requiring compliance with such provision.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
It shall be the policy of the City to amend this Title, upon Application of a Provider, when necessary to enable the Provider to take advantage of any developments in the field of Telecommunications which will afford the Provider an opportunity to more effectively, efficiently, or economically serve itself or the public.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All notices from a Provider to the City required under this Title or pursuant to a Franchise granted pursuant to this Title shall be directed to the officer as designated by the City Council. A Provider shall provide in any Application for a Franchise the identity, address and phone number to receive notices from the City. A Provider shall immediately notify the City of any change in its name, address, or telephone number.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
To the full extent permitted by applicable law either now or in the future, the City reserves the right to adopt or issue such rules, regulations, orders, or other directives that it finds necessary or appropriate in the lawful exercise of its police powers.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
This Title shall be construed in a manner consistent with all applicable federal and state statutes.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
This Title shall apply to all Franchises granted or renewed after the effective date of this Title. This Title shall further apply, to the extent permitted by applicable federal or state law to all existing Franchises granted prior to the effective date of this Title and to a Provider providing Services, without a Franchise, prior to the effective date of this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A Provider's rights are subject to the police powers of the City to adopt and enforce ordinances necessary to the health, safety and welfare of the public. A Provider shall comply with all applicable general laws and ordinances enacted by the City pursuant to its police powers. In particular, all Providers shall comply with the City zoning and other land use requirements.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A Provider shall not be relieved of its obligation to comply with any of the provisions of this Title or any Franchise granted pursuant to this Title by reason of any failure of the City to enforce prompt compliance.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
This Title and any Franchise granted pursuant to this Title shall be construed in accordance with the substantive laws of the State of Utah.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
18.01 Findings And Definitions18.02 Franchise Required18.03 Construction Regulations18.04 Public And Emergency Use18.05 Repair, Restoration, And Relcation18.06 Insurance And Records18.07 Renewal, Sale Or Transfer18.08 Enforcement And Remedies18.01.010 Statement Of Intent18.01.020 Statement Of Findings18.01.030 Authority18.01.040 Definitions18.01.050 ScopePursuant to and in accordance with applicable provisions of state and federal laws and regulations regarding Cable Systems and Cable Services, including, but not limited to the Cable Communications Policy Act of 1984, as more particularly set forth in 47 U.S.C. §§ 521, et seq., the City’s stated purposes and intent in adopting this Title are as follows:
- To establish a local policy concerning cable communications;
- To establish Franchise procedures and standards which encourage the growth and development of Cable Systems and which assure that Cable Systems are responsive to the needs and interests of the local community;
- To establish guidelines for the exercise of local authority with respect to the regulation of Cable Systems and the use of municipal rights-of-way;
- To assure that cable communications provide and are encouraged to provide the widest possible diversity of information sources and services to the public;
- To establish an orderly process for Franchise issuance and renewal which protects Cable Operators against unfair denials of issuance or renewal where the Cable Operator’s past performance and proposal for future performance meet the standards established in this Title and applicable state and federal laws and regulations;
- To promote competition in cable communications and minimize unnecessary regulation that would impose an undue economic burden on Cable Systems; and
- To regulate and manage the use of the City’s Rights-of-Way, as more particularly defined herein, in accordance with the Findings set forth in CMC 18.01.020.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Pursuant to and in accordance with applicable provisions of state law regarding a municipality’s right to regulate its rights-of-way, the City’s stated findings regarding the use and management of its Rights-of-Way are as follows:
- The Rights-of-Way of the City are critical to the travel and transport of persons and property in the business and social life of the City;
- The Rights-of-Way of the City are intended for public uses and must be managed and controlled consistent with such intent;
- Subject to the terms and conditions of applicable federal, state and local laws and regulations, the Rights-of-Way of the City can be partially occupied by the facilities of utilities and other public service entities delivering or providing utility and public services to the enhancement of the health, welfare, and general economic well-being of the City and its citizens; and
- The Rights-of-Way of the City are a unique and physically limited resource requiring proper management to maximize the efficiency and to minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience to and negative effects upon the public from the construction, placement, relocation and maintenance of such facilities within the public Rights-of-Way.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The City adopts this Title pursuant to its powers to manage the Rights-of-Way of the City, pursuant to common law, the Utah Constitution, and statutory authority, including, but not limited to Utah Code § 10-8-11 and § 10-8-15. This Title shall be construed in light of applicable federal and state laws and regulations regarding Cable Systems and Cable Service, including, but not limited to the Cable Act, as more particularly defined in CMC 18.01.040. To the extent applicable, the provisions of this Title are also intended to comply with the Utah Municipal Cable Television and Public Telecommunications Services Act, as set forth in Utah Code §§ 10-18-101, et seq. The provisions of this Title shall be administered by the City Manager.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
For purposes of this Title, the following terms, phrases, words and their derivatives shall have the meanings set forth in this Section, unless the context clearly indicates that another meaning is intended. The terms, phrases, words and abbreviations defined herein are intended to conform to and comply with the definitions and terms of the Cable Act, as more particularly defined herein. In the event of conflict, the provisions of federal and state law and regulations shall govern. Words used in the present tense include the future tense, words in the singular include the plural number, and vice versa. The words “shall” and “will” are mandatory and the words “should” and “may” are permissive. Words not defined shall be given their common and ordinary meaning.
- Affiliate. Affiliate when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.
- Basic Cable Service. Basic cable service means the lowest priced tier of Cable Service that includes the retransmission of local broadcast television signals.
- Cable Act. Cable Act means collectively the Communications Act of 1934, as set forth in 47 U.S.C. §§ 609, et seq., the Cable Communications Policy Act of 1984, as set forth in 47 U.S.C. §§ 521, et seq., the Cable Television Consumer Protection and Competition Act of 1992, as set forth in 47 U.S.C. §§ 546, et seq., and applicable federal regulations and orders promulgated pursuant thereto.
- Cable Channel. Cable Channel means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by FCC regulation).
- Cable Operator. Cable Operator means any person or group of persons who provides Cable Service over a Cable System and directly or through one or more Affiliates owns a significant interest in such Cable System, or who otherwise controls or is responsible for, through any arrangement, the management and operation of a Cable System.
- Cable Service. Cable Service means: (1) the one-way transmission to Subscribers of video programming or other programming service; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
- Cable System. Cable System means the facilities, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within the Service Area. Cable System does not include any facilities or systems excluded from the definition of Cable System as more particularly provided in 47 U.S.C. § 522.
- FCC. FCC means Federal Communications Commission or successor governmental entity thereto.
- Franchise. Franchise means an authorization or renewal thereof by agreement or other written authorization, issued by the City, authorizing the construction and operation of a Cable System or Cable Services within the Rights-of-Way of the City.
- Gross Revenue. Gross Revenue means any and all revenues of a Cable Operator, as determined according to generally accepted accounting principles consistently applied, derived directly or indirectly by the Cable Operator, or Affiliate of the Cable Operator that would constitute a Cable Operator of the Cable System under the Cable Act, arising from or attributable to operation of the Cable System to provide Cable Service in the Service Area. Gross Revenue shall also include such revenue sources from the provision of Cable Service as may now exist or hereafter develop from or in connection with the operation of the Cable System within the Service Area, provided that such revenues, fees, receipts, or charges may lawfully be included in the gross revenue base for purposes of computing the City’s permissible Franchise Fee under the Cable Act. Gross Revenue does not include any Franchise fees or taxes which are imposed directly or indirectly on any Subscriber by any governmental unit or agency, and which are collected by the Cable Operator on behalf of a governmental unit or agency. Gross Revenue does not include revenues which cannot be collected by the Cable Operator and are identified as bad debt; provided, that if revenue previously representing bad debt is collected, this revenue shall be included in Gross Revenue for the collection period. Gross revenue shall include revenue from subscriptions, installations, rentals, and revenue from other sources, such as leased access, advertising, commissions, and home shopping revenues.
- Person. Person means an individual, partnership, association, joint stock company, trust, corporation, governmental entity, or other legal entity.
- Rights-of-Way. Rights-of-Way shall mean municipal streets, alleys or rights-of-way within the City’s boundaries dedicated to the public and any utility easements within the City’s boundaries wherein the City has acquired the right and authority to locate or permit the location of utilities consistent with Cable Systems and telecommunications facilities. Rights-of-Way shall not include any real or personal property of the City that is not specifically described herein and shall not include City parks, trails, bike paths, buildings and other structures or improvements, regardless of whether they are situated in the Rights-of-Way.
- Service Area. Service Area means the present boundaries of the City, and shall include any additions thereto by annexation or other legal means.
- Subscriber. Subscriber means a Person or user of the Cable System who lawfully receives Cable Service on the Cable System with the Cable Operator's express permission.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
This Title shall provide the basic local scheme for Cable Operators that require the use of the Rights-of-Way of the City. This Title shall apply to all future Cable Operators and to all Cable Operators in the City prior to the effective date of this Title, whether operating with or without a Franchise as required herein. This Title shall be effective within the geographical limits of the City, including any areas subsequently annexed to the City. This Title shall apply to any Franchise or renewal approved after the effective date of this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
18.02.010 Franchise Required18.02.020 Franchise Applications18.02.030 Application Fees18.02.040 Current Cable Operators18.02.050 Nature Of Franchise18.02.060 Competitive Equity18.02.070 Term18.02.080 Franchise FeeExcept to the extent preempted or exempted by federal or state law, as ultimately interpreted by a court of competent jurisdiction, including any appeals, every Cable Operator must obtain a Franchise from the City prior to constructing a Cable System or providing Cable Services within the City that require use of the City Rights-of-Way. A Franchise is granted through a Franchise Agreement or other acceptable Rights-of-Way use agreement entered into between the City and the Cable Operator. The fact that a particular Cable System may be used for multiple purposes does not obviate the need to obtain a franchise for other purposes. By way of illustration and not limitation, a Cable Operator of a Cable System must obtain a Cable Franchise, and, should it intend to provide telecommunications services over the same system, must also obtain a Telecommunications Franchise in accordance with CMC 17 (Telecommunications).
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any Cable Operator desiring to install, construct, operate, use or maintain a Cable System within the Rights-of-Way or to provide Cable Services through a Cable System utilizing such Rights-of-Way shall file a Cable Franchise Application with the City on forms provided by the City. Any requests for a renewal, amendment or transfer of an existing Franchise shall be submitted by filing the same Cable Franchise Application with the City. The City may request additional information from the applicant as deemed necessary and relevant to determining whether to grant the requested application. The City Council, in its discretion, shall determine whether to grant any Franchise application on the basis of compliance with the terms and provisions of this Title, applicable federal, state and local law, and any other considerations relevant to the use of the Rights-of-Way of the City. In reviewing any application, the City may require adequate assurance that the Cable Operator has the financial, technical, and legal qualifications to provide Cable Service within the City. Prior to approval or denial of an application for a Franchise, renewal, transfer or amendment, a public hearing shall be held before the City Council, with adequate notice and an opportunity for the public to be heard regarding the matter.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Applicants shall be required to submit at the time of application for Franchise, the applicable application fees as adopted by the City and set forth in the City Fee Schedule, which application fees shall be nonrefundable. An application fee shall also be paid when an amendment, renewal or transfer of a Franchise is filed. Applicants shall also be required to pay reasonable costs and expenses for professional services, such as engineering and legal fees, incurred by the City in connection with any application. Such application fees and costs shall be limited to the reasonable cost of processing the application and shall be subject to the limitations set forth in 47 U.S.C. § 542.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Amended by Ord. 2026-08 on 4/7/2026
Except to the extent exempted or prohibited by federal or state law, any Cable Operator operating or using a Cable System or providing Cable Services within the Rights-of-Way on the effective date of this Title without a Franchise shall request issuance of a Franchise from the City within 90 days of the effective date of this Title. If a timely request is made, the Cable Operator may continue providing service during the course of negotiations. If a timely request is not made, or if negotiations cease and a Franchise is not granted, the Cable Operator shall comply with the provisions of CMC 18.05.070 regarding abandonment and removal of facilities. If a Cable Operator has previously been granted a Franchise, the term of which has not expired as of the effective date of this Title, the Cable Operator may continue to operate under the existing Franchise Agreement until the term of the Franchise expires. Alternatively, the Cable Operator may negotiate a new Franchise which complies with the provisions of this Title prior to the expiration of the existing Franchise.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A Franchise granted to any Cable Operator pursuant to the provisions of this Title governing the installation, construction, operation, use and maintenance of Cable Systems within the Rights-of-Way shall be non-exclusive. A Franchise granted to any Cable Operator pursuant to the provisions of this Title shall not convey title, equitable or legal, in the Rights-of-Way of the City. A Franchise is only the right to occupy the Rights-of-Way on a non-exclusive basis for the limited purposes and for the limited period stated in the Franchise. The City assumes no duty or obligation to defend any interest in its Rights-of-Way and the Cable Operator remains solely responsible to make arrangements required as a result of other persons claiming an interest in the City’s Rights-of-Way. The Franchise right may not be subdivided, assigned, or subleased, except as may be expressly provided in this Title or any Franchise granted hereunder. A Franchise does not excuse a Cable Operator from obtaining appropriate access or pole attachment agreements before co-locating its system on the property of others, including the City’s property, or from obtaining other required franchises for additional services or facilities. This Section shall not be construed to prohibit a Cable Operator from leasing conduit to another Cable Operator, so long as the lessee has obtained an applicable Franchise from the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
A Franchise granted by the City pursuant to the provisions of this Title shall be granted on a non-discriminatory and competitively neutral basis. In order to provide for competitive neutrality, all Franchise agreements entered into by the City for the granting of a Cable Franchise shall be in substantially the same form as the City’s Cable Franchise Agreement, as approved by the City Council.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The term of each Franchise shall be set forth in the Franchise Agreement; provided, no Cable Franchise shall be granted for a term exceeding 10 years.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Franchise Fee. Every Cable Operator shall pay to the City a Franchise fee (“Franchise Fee”) of 5% of the Cable Operator’s annual gross revenue as more particularly defined in CMC 18.01.040. The Franchise Fee shall not include any excluded costs or payments under applicable provisions of 47 U.C.A. § 542. In accordance with the Cable Act, the 12 month period applicable under the Franchise for the computation of the Franchise Fee shall be a calendar year.
- Quarterly Installments. The Franchise Fee is payable in quarterly installments which shall be due on or before the 45th day after the end of the calendar quarter. Each payment shall be accompanied by a detailed financial and revenue statement prepared and signed by a representative of the Cable Operator showing the Gross Revenue received by Cable Operator for the preceding quarter and the calculations for computing the quarterly Franchise Fee and certified as to the accuracy, completeness and veracity of the revenue figures. Gross Revenue will be reported by service category, type and level, as applicable. In the event that payment in full is not made within the 45 days after the date specified herein, the Cable Operator shall pay interest to the City on any unpaid balance at a rate of 12% per annum or the maximum rate allowable by law, whichever is greater.
- Certification. Cable Operator shall be required to provide the City with an annual certification of Franchise Fees remitted. Within six months after the Cable Operator’s fiscal year end, the Cable Operator shall provide to the City a certification certifying to the accuracy, completeness and veracity of the annual Franchise Fee payments remitted for the preceding fiscal year. This certification must be prepared in accordance with generally accepted accounting standards and signed by a certified public accountant or an authorized officer of the Cable Operator.
- Increase in Maximum Allowed by Law. If the provisions of the Cable Act are ever amended to change the maximum franchise fee percentage allowed by law, then the City shall have the right to increase the Franchise Fee due hereunder up to the legal maximum, subject to providing Cable Operator 90 days written notice of such increase.
- No Release or Accord. No acceptance of any payment shall be construed as a release of, or an accord, or satisfaction of, any claim that the City might have for further or additional sums payable under the terms of this Title, or for any other performance or obligation of the Cable Operator.
- Other Fees and Assessments. Franchise Fees and other payments made by the Cable Operator to the City under the terms of this Franchise shall be considered in addition to, and exclusive of other fees, taxes, levies or assessments presently in effect or subsequently adopted which fee, tax, levy or assessment is of general applicability and which is not unduly discriminatory against Cable Operators or Subscribers. Nothing in this Title shall be construed to limit any authority of the City to impose a tax, fee or other assessment of any kind on any person (other than the Cable Operator) with respect to Cable Service or other communications service provided by such person over a Cable System for which charges are assessed to subscribers but not received by Cable Operator.
- Audit Authority. The City shall have the right to inspect Cable Operator’s books and records in accordance with the provisions of CMC 18.06.050, and the right to conduct an annual audit in accordance with the provisions of CMC 18.06.060, to ensure that the appropriate and required Franchise Fees are being paid to the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
18.03.010 Compliance With Laws18.03.020 Regulatory Approval18.03.030 Licenses And Permits18.03.040 Excavation Permit18.03.050 Approval Of Plans18.03.060 Notification Of Residents18.03.070 Quality And Safety18.03.080 Technical Standards18.03.090 Facilities Underground18.03.100 Marking Of Facilities18.03.110 As-Built Drawings18.03.120 Conditions Of OccupancyCable Operator shall comply with all applicable federal, state and local laws regarding the installation, maintenance and operation of Cable Operator’s Cable System and providing Cable Services to Subscribers within the Service Area. All Cable Operators shall comply with the terms of any lawfully adopted generally applicable local ordinance and any ordinances adopted pursuant to the City’s police power as more particularly set forth in CMC 18.08.010.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Before offering or providing any Cable Services pursuant to a Franchise granted by the City pursuant to the provisions of this Title, the Cable Operator shall obtain any and all regulatory approvals, permits, authorizations or licenses for the offering or providing of Cable Services from the appropriate federal, state and local authorities. Upon written request of the City, the Cable Operator shall submit to the City evidence of such approvals, permits, authorizations and licenses.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Prior to any installation, construction, repairs, modifications, or other work within the Rights-of-Way, Cable Operator shall apply for and obtain, at its own cost and expense, all permits, licenses or other forms of approval or authorization necessary to install, construct, operate, maintain, modify, or repair the Cable System, including, but not limited to, any necessary approvals from persons or private parties to use private property, easements, poles and conduit. All fees associated with such required permits, licenses or other approvals shall be paid by the Cable Operator. Cable Operator shall maintain all required permits, licenses and approvals during the term of any Franchise granted hereunder and for any holdover period. In the event of an emergency, Cable Operator shall be required to apply for and obtain all applicable permits and pay all applicable fees for the construction or work conducted by the Cable Operator by the next business day from the date of the emergency and the commencement of work conducted in response thereto.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Cable Operator shall be required to obtain an Excavation Permit from the City prior to conducting or commencing any work within the Rights-of-Way in accordance with applicable provisions of the City’s Excavation Permit Ordinances as set forth in CMC 11.04 (Excavation Permits). All construction, installation, maintenance, operation, alteration, repair or reconstruction of the Cable System or any other work conducted or performed by Cable Operator within the Rights-of-Way shall comply with the Excavation Permit Ordinance and any Excavation Permit issued thereunder.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Prior to construction or alteration of the Cable System, or any portion thereof, Cable Operator shall in each case, file plans with the City and receive written approval of such plans, which approval by the City shall not be unreasonably withheld. Issuance of an excavation, construction, or similar permit as required by City Ordinance, shall constitute such written approval.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Cable Operator shall make reasonable best efforts to individually notify all residents affected by any proposed substantial construction, installation, alteration or work on the Cable System in writing prior to the commencement of that work provided that such prior notification will not unnecessarily delay repairs or restoration of existing services or slow expeditious remedy of unsafe conditions.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All work involved in the construction, operation, maintenance, repair, upgrade and removal of a Cable System shall be performed by the Cable Operator in a safe, thorough, and reliable manner using materials of good and durable quality. All such work shall comply with applicable federal, state and local laws. Cable Operator shall install and maintain all parts of its Cable System in a safe and non-dangerous condition throughout the entire period of its Franchise or any holdover period. The Cable System shall not endanger or unreasonably interfere with the safety of persons or property in the Service Area.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Cable Operator is responsible for insuring that the Cable System is designed, installed and operated in a manner that fully complies with the Cable Act, including, but not limited to, FCC rules in Subpart K of Part 76 of Chapter I of Title 47 of the Code of Federal Regulations, as revised or amended from time to time. As provided in these rules, the City shall have, upon request, the right to obtain a copy of tests and records required in accordance with appropriate rules.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Unless otherwise specifically provided herein, all facilities and equipment constituting Cable Operator's Cable System shall be installed underground.
- In those areas of the Service Area where all of the transmission or distribution facilities of the respective public utilities providing cable services, telephone communications, and electric services are underground, the Cable Operator likewise shall construct, operate, and maintain all of its transmission and distribution facilities underground.
- In those areas of the Service Area where all of the transmission or distribution facilities of the respective public utilities providing cable services, telephone communications, and electric services are above ground, the Cable Operator likewise may construct, operate and maintain its transmission and distribution facilities above ground.
- In those areas of the Service Area where the transmission or distribution facilities of the respective public utilities providing cable services, telephone communications, and electric services are both aerial and underground, the Cable Operator shall consult with the City Engineer to determine whether the construction will be aerial or underground. Wherever possible depending on the season and the location, facilities shall be constructed and maintained underground. If the reason for not putting the facilities underground is seasonal, subject to City waiver as weather and other conditions may require, the Cable Operator shall make reasonable efforts to move such facilities underground as weather permits, but no later than June 30th of the next summer.
- With respect to any cables, wires and other like facilities constructed and installed by Cable Operator above ground, the Cable Operator shall, at its sole cost and expense except as provided by law or entitlement, reconstruct and install such cables, wires or other facilities underground pursuant to any project under which the cables, wires or other like facilities of such utilities are placed underground within an area. The duty of the Cable Operator to place its cables, wires and other facilities underground shall arise only if all like facilities of utilities which are existing above ground are placed underground. For purposes of this Section, “like facilities” shall mean cable, telecommunications or electrical facilities and utilities.
- For the purposes of this Title, with the exception of service drops, facilities to be placed “underground” shall be at least 18 inches below the surface grade.
- Nothing herein shall be deemed to expressly or impliedly authorize the Cable Operator to construct or install poles or wire-holding structures within the Rights-of-Way for purposes of placing cables, wires, lines or otherwise, without the written consent of the City. Such consent shall be given upon such terms and conditions as the City, in its sole discretion, may prescribe.
- Cable Operator may construct, operate, and maintain certain limited ground-mounted appurtenances such as subscriber taps, line extenders, system passive devices (splitters, directional couplers), amplifiers, power supplies, and pedestals above ground if existing technology reasonably requires, but shall be of such size and design and shall be so located as to minimize visual and physical impact on adjacent yards and landscapes insofar as it is technically and economically feasible and safe.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Cable Operator shall be required to locate and mark or otherwise visibly indicate and alert others to the location of any portion of its Cable System that is located underground, and to comply with all applicable state and federal laws, including “blue stake” requirements, regarding underground facilities.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Every Cable Operator shall at all times maintain on file with the City a full and complete set of plans, records, and as-built drawings, in hard copy and electronic copy form, of all existing installations and the types of equipment and systems installed or constructed within the Rights-of-Way, properly identified and described as to the types of equipment and facility by appropriate symbols and marks. As used herein, as-built drawings include file construction prints. Maps and drawings shall be drawn to scale. As-built drawings shall be submitted within 30 days of completion of work, modifications or repairs. Electronic copies of such drawings and records may also be required upon request of the City.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Any Cable System installed within the Rights-of-Way pursuant to the terms of this Title or any Franchise granted hereunder shall be located so as to cause a minimum of interference with the proper use of the Rights-of-Way and with the rights and reasonable convenience of property owners who own property that adjoins such Rights-of-Way. All wires, conduits, cable, and other property and facilities of the Cable Operator constituting the Cable System shall be located, constructed, installed, and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic, and travel upon the Rights-of-Way of the City. No Cable System shall be located where it will interfere with the rights of property owners or with gas, electric, or telephone fixtures, or with water hydrants or mains, sewer facilities, or any other service, utility or facility that benefits the City’s or its resident’s health, safety and welfare. Notwithstanding the grant of authority set forth in this Title or any Franchise granted hereunder, no Right-of-Way shall be used by Cable Operator if the City, in its sole discretion, determines that such use is inconsistent with the terms, conditions, or provisions by which such Right-of-Way was created or dedicated, or presently used. Nothing contained in this Title or in any Franchise granted hereunder shall be construed as granting to Cable Operator any rights whatsoever to the use of any private property without the express consent of the owner thereof. In the event a Cable Operator’s Cable System creates a hazardous or unsafe condition or an unreasonable interference with property, then at its own expense, the Cable Operator shall voluntarily, or upon the request of the City, remove that part of the Cable System that creates the hazardous condition or interference from the subject property.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
18.04.010 Channels For Public, Educational And Government Use18.04.020 Service To Public Buildings18.04.030 Support Of Access18.04.040 Emergency UsePursuant to and in accordance with the provisions of 47 U.S.C. § 531, the City may establish requirements in a Franchise with respect to designation or use of channel capacity for public, educational, or governmental use. If the City requires channel designation for public, educational, or governmental use in any Franchise, the City shall also prescribe in the Franchise such rules and procedures under which the Cable Operator is permitted to use such channel capacity for the provision of other services if such channel capacity is not being used for the purposes designated.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Every Cable Operator shall, upon request, provide without charge, one outlet of Basic and Expanded Basic Service to City Hall, the Public Works Building, the Performing Arts Center, and any City offices, buildings, fire station(s), police stations(s), and public school building(s) that are passed by its Cable System. The outlets of Basic and Expanded Basic Service shall not be used to distribute or sell services in or throughout such buildings, nor shall such outlets be located in areas open to the public. Users of such outlets shall hold the Cable Operator harmless from any and all liability or claims arising out of their use of such outlets, including but not limited to, those arising from copyright liability. The Cable Operator shall not be required to provide an outlet to such buildings where the drop line from the feeder cable to said building or premises exceeds 125 cable feet unless the City agrees to pay the incremental cost of such drop line in excess of 125 cable feet. If additional outlets of Basic and Expanded Basic Service are provided to such buildings, the City shall pay the usual installation fees associated therewith, including, but not limited to, labor and materials.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Upon written request by the City, each Cable Operator shall provide, for specific use toward capital facilities associated with the educational and government access requirements of the City, a capital contribution (“Capital Contribution”) paid annually during the term of any Franchise granted hereunder. The terms, conditions and amount of the Capital Contribution payable by the Cable Operator to the City shall be set forth in the Franchise. All such regulations and requirements shall comply with applicable provisions of the Cable Act, including, but not limited to regulations set forth 47 C.F.R. Part 76.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Every Cable Operator within the City shall provide and maintain, in accordance with the Cable Act, including, but not limited to, the provisions of FCC Regulations Part 11, Subpart D, Section 11.51, as may from time to time be amended, an Emergency Alert System (EAS) for use in transmitting Emergency Act Notifications (EAN) and Emergency Act Terminations (EAT) in local and statewide situations as may be designated to be an emergency by the Local Primary (LP), the State Primary (SP) and/or the State Emergency Operations Center (SEOC), as those authorities are identified and defined within the Cable Act, including, but not limited to, FCC Regulations, Section 11.18.
- In the case of any emergency or disaster, the Cable Operator shall, upon the request of the City, make available its facilities for the City to provide emergency information and instructions during emergency or disaster period in accordance with applicable local, state and federal EAS procedures. The City shall permit only authorized persons to operate the EAS equipment and take reasonable precautions to prevent any use of the Cable Operator’s Cable System in any manner that results in inappropriate use, or any loss or damage to the Cable System. Except to the extent expressly prohibited by law, the City agrees to hold the Cable Operator, its employees, officers and assigns harmless from any claims arising out of the emergency use of its facilities by the City, including, but not limited to, reasonable attorneys’ fees and costs.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
18.05.010 Restoration18.05.020 Relocation For The City18.05.030 Relocation For Third Parties18.05.040 Tree Trimming18.05.050 Protection Of Facilities18.05.060 Repair18.05.070 Abandonment And RemovalIf during the course of the Cable Operator's construction, operation, or maintenance of the Cable System there occurs a disturbance or damage of any Rights-of-Way by the Cable Operator, Cable Operator shall replace and restore such Right-of-Way at Cable Operator’s expense to a condition reasonably comparable to the condition of the Rights-of-Way existing immediately prior to such disturbance or damage and in a manner reasonably approved by the Public Works Director. Cable Operator shall also restore and repair any adjacent private property disturbed or damaged during the course of Cable Operator's construction, operation or maintenance of the Cable System to a condition reasonably comparable to the condition of such property existing immediately prior to such disturbance or damage. If the Cable Operator fails to restore any portion of the Rights-of-Way, the City may, upon 10 days prior written notice, restore the Rights-of-Way and bill the Cable Operator for the costs incurred by the City in performing such restoration. The Cable Operator shall be required to reimburse the City for such costs within 30 days from receipt of invoice.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Upon reasonable advance written notice, to be not less than five business days, the Cable Operator shall, at its own expense, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the Rights-of-Way, any property or facilities of the Cable Operator when lawfully required by the City by reason of public convenience and necessity, traffic conditions, public safety, street abandonment, freeway and street construction, modification or maintenance, change or establishment of street grade, installation of sewers, drains, gas or water pipes, power lines or other municipal utility infrastructure, or any other type of public structures, improvements or projects which are not used to compete with the Cable Operator’s Cable Service.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Cable Operator shall, on the request of any Person holding a lawful permit issued by the City, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the Rights-of-Way as necessary any property or facilities of the Cable Operator, provided: (a) the expense of such is paid by said Person benefiting from the relocation, including, if required by the Cable Operator, making such payment in advance; and (b) the Cable Operator is given reasonable advance written notice to prepare for such changes. For purposes of this Section, “reasonable advance written notice” shall be no less than 10 business days in the event of a temporary relocation, and no less than 45 days for a permanent relocation.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Except in the event of an emergency, Cable Operator shall obtain the prior written consent of the City to trim trees or other natural growth within the Rights-of-Way in order to construct access and maintain the Cable System. The Cable Operator shall reasonably compensate the City for any damage caused by such trimming, or shall, in the City’s sole discretion and at Cable Operator’s own cost and expense, reasonably replace all trees or shrubs damaged as a result of any construction, access or maintenance of the Cable System undertaken by the Cable Operator. Cable Operator shall also comply with the restoration provisions and requirements of CMC 18.05.010 in connection with any disturbance of or damage to public or private property caused by any trimming activities conducted by Cable Operator. Nothing herein shall give the Cable Operator the right to trim trees or shrubs not located within Rights-of-Way without the prior written consent of the owner of such trees or other natural growth. The Cable Operator shall make a reasonable best effort, including written notice, to notify owners of property adjacent to trees that will be subject to significant trimming at least 72 hours prior to doing the work. As used herein, “significant trimming” is any trimming of trees beyond minor cuts that do not substantially change the aesthetic character of the tree or damage or injure the tree. All trimming and pruning of trees shall comply with the American National Standard for Tree Care Operation (ANSI A300), or comparable generally accepted compendium, and shall be conducted under the direction of an arborist certified with the International Society of Arboriculture.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In connection with the construction, operation, maintenance, repair, upgrade or removal of a Cable System, the Cable Operator shall, at its own cost and expense, protect any and all existing facilities, structures and improvements belonging to the City or other persons or utilities. A Cable Operator shall obtain prior written consent of the City to alter any water main, power facility, sewer or drainage system, or any other municipal facility, structure or improvement on, over or under the Rights-of-Way of the City required because of Cable Operator’s Cable System. Any such alteration shall be made by the City or its designee on pre-paid basis. A Cable Operator shall be liable for costs incurred by the City to replace or repair and restore to its prior condition in a manner as may be reasonably specified by the City, any municipal structure, facility, improvement or Rights-of-Way of the City involved in the construction, operation, maintenance, repair, upgrade or removal of a Cable System that may become disturbed or damaged as a result of any work thereon by or on behalf of a Cable Operator.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
After written reasonable notice to the Cable Operator, unless, in the sole determination of the City, an eminent danger exists, any Rights-of-Way within the City which are disturbed or damaged during the construction, operation, maintenance or reconstruction by a Cable Operator of its Cable System may be repaired by the City at the Cable Operator’s expense to a condition as good as that existing before such work was commenced. Upon doing so, the City shall submit to such Cable Operator an itemized statement of the cost for repairing and restoring the Rights-of-Way intruded upon. The Cable Operator shall, within 30 days after receipt of the statement, pay the City the entire amount thereof.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Unless otherwise agreed to by the City, the Cable Operator shall remove its Cable System from the Rights-of-Way within 180 days of any of the following occurrences: (a) the Cable Operator ceases to operate its Cable System or provide Cable Services within the City for a continuous period of 12 months; (b) the Cable Operator elects not to renew a Franchise issued pursuant to this Title; or (c) the Cable Operator’s Franchise is revoked by the City. The Cable Operator shall also restore any property damaged or affected by such removal in accordance with the provisions of CMC 18.05.010. If the Cable Operator’s Cable System is not removed from the Rights-of-Way within the required time frame, the City may remove or cause to be removed Cable Operator’s Cable System upon 30 days written notice. All costs incurred by the City in removing a Cable System, or portion thereof, shall be paid by the Cable Operator within 30 days of invoice from the City. If the City is required to remove the Cable System, or any portion thereof, any and all rights to such facilities removed by the City shall be deemed forfeited by the Cable Operator and the City shall have the right to retain such property or to sell it as surplus and retain the proceeds obtained therefrom.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
18.06.010 Insurance Requirements18.06.020 Indemnification18.06.030 Bonds And Surety18.06.040 Books And Records18.06.050 Right Of Inspection18.06.060 Annual Audit Authority18.06.070 NoticesEvery Cable Operator granted a Franchise pursuant to this Title or otherwise utilizing the Rights-of-Way shall maintain in full force and effect, at its own cost and expense, during the term of the Franchise or occupancy, a comprehensive form of general public liability insurance in a form substantially similar to the ISO approved comprehensive general liability policy, to be approved by the City, from a responsible insurance company with an A.M. Best rating of A-9 or better (or a comparable rating by any other nationally recognized rating agency), licensed and authorized to do business in Utah, in an amount not less than of $2,000,000 combined single limit per occurrence and $4,000,000 aggregate for bodily injury and property damage. The insurance policy or policies required to be obtained by the Cable Operator shall insure against and cover any and all insurable liabilities, damages, claims and losses set forth in and covered by the indemnification and hold harmless provisions of CMC 18.06.020, and shall include defense costs. The insurance policy or policies shall name as an additional insured the City, and in their capacity as such, its officers, agents, representatives and employees. Cable Operator shall provide a Certificate of Insurance to the City upon final execution of a Franchise evidencing coverage and compliance with the terms and conditions of this Title. Additionally, the Cable Operator shall maintain in full force and effect, Automobile Liability insurance with limits of no less than $500,000 combined single limit per accident for bodily injury and property damage. The insurance policy or policies required herein shall be noncancellable except upon 30 days prior written notice to the City. In no event shall insurance coverage be provided by the Cable Operator in amounts less than those set forth herein or less than federal or state statutory limits and requirements, including, but not limited to governmental immunity cap limits for municipal corporations, as set forth in Utah Code
§§ 63G-7-101, et seq. The Cable Operator shall increase the limits of such insurance to at least the amount of the Limitation of Judgments described in Utah Code
§§ 63G-7-101, et seq., of the Utah Governmental Immunity Act, as calculated by the State risk manager every two years and stated in Utah Admin. Code R37-4-3. If the State of Utah authorizes a Cable Operator to self-insure, the Cable Operator may exercise its right to self-insure so long as the minimum insurance coverages described herein are met and maintained.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
To the extent permitted by law, a Cable Operator shall at all times fully indemnify, defend, protect and hold harmless, the City, its officers, boards, representatives, agents and employees, from and against any and all claims, suits, actions, judgments, demands, liens, penalties and all liability for damages of whatsoever kind, whether compensatory or punitive, either at law or in equity, which might be claimed now or in the future, including, but not limited to, any liability or claims resulting from property damage or bodily injury (including accidental death), which arise out of or caused by the Cable Operator's, its agents, employees, contractors, subcontractors, independent contractors, or implied or authorized representatives, construction, operation, location, repair, replacement, removal, restoration or maintenance of the Cable System, including, but not limited to, reasonable attorney’s fees and costs, incurred by the City in defense of such claims, provided that the City shall give the Cable Operator written notice of its obligation to indemnify the City within 30 days of receipt of a claim or action pursuant to this Section. Notwithstanding the foregoing, the Cable Operator shall not be required to indemnify the City for any damages, liability or claims resulting from the willful misconduct or negligence of the City. Nothing herein shall be construed to prevent the City from raising any defense under the Utah Governmental Immunity Act, as set forth in Utah Code
§§ 63G-7-101, et seq., with regard to claims from third parties. The indemnity provisions contained herein shall survive the expiration, revocation or termination of any Franchise.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Except as expressly reserved herein, Cable Operators shall not be initially required to obtain or maintain bonds or other surety as a condition of being awarded a Franchise under the terms of this Title. The City recognizes that the costs associated with bonds and other surety may be ultimately borne by the Subscribers in the form of increased rates for Cable Services. The City expressly reserves the right to require such bonds in the future. In the event that bonding is required in the future by the City, the City shall provide all Cable Operators at least 60 days prior written notice thereof stating the exact reason for the requirement. Notwithstanding the above provisions, Cable Operators shall be responsible for standard performance bonds and insurance required for encroachment and excavation permits for work done within Rights-of-Way and other bond and surety requirements of general applicability.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Cable Operator shall maintain complete and accurate books of accounts and records of the business, ownership, and operations of the Cable Operator with respect to the Cable System and Cable Services in a manner that allows the City at all times to determine whether a Cable Operator is in compliance with the terms of this Title and any Franchise granted hereunder. All financial books and records which are maintained in accordance with the regulations of applicable federal and state agencies that regulate cable television systems and services shall be deemed to be acceptable under this Section.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Upon 10 working days written notice, the City shall have the right to review all books and records of the Cable Operator as reasonably necessary for the enforcement of this Title and any Franchise granted hereunder. Such review, unless mutually agreed upon or judicially ordered, shall occur at the Cable Operator’s local office during Cable Operator’s normal business hours. If necessary books and records are not easily accessible at the local office of the Cable Operator, the Cable Operator may, at its sole option, choose to pay the reasonable travel costs of the City’s representatives to view the books and records at the appropriate location. The Cable Operator shall not be required to maintain any books and records for compliance purposes under this Section or any applicable Franchise longer than four years from the date of the book or record. Cable Operator shall not be required to disclose books and records of any Affiliate which is not providing Cable Service in the Service Area. Subject to applicable provisions and restrictions of the Utah Government Records Access and Management Act, as set forth in Utah Code §§ 63G-2-101, et seq., the City agrees to treat any information disclosed by the Cable Operator as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof. The Cable Operator shall not be required to provide Subscriber information in violation of the Cable Act, including, but not limited to, 47 U.S.C. § 551.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
On an annual basis, the City, including the City’s Auditor, his/her authorized representative, or an independent certified public accounting firm or other financial expert, shall have the right to conduct an independent audit of Cable Operator’s books, records and accounts reasonably related to the administration and enforcement of this Title and any Franchise granted hereunder. Any such audit shall be conducted in accordance with Generally Accepted Accounting Principles (“GAAP”). The audit shall be conducted at the sole expense of the City; provided, if the results of such an audit show an underpayment of applicable Franchise Fees in an amount equal to 5% or greater, the Cable Operator shall pay the reasonable cost of the audit plus interest at a rate of 12% per annum or the maximum rate allowed by law, whichever is greater, in addition to any amount owed as shown by the audit. The City’s right to audit and the Cable Operator’s obligation to retain records related to a Franchise Fee audit shall expire three years after each Franchise fee payment has been made to the City or upon expiration of the statute of limitations for pursuing reimbursement for such Franchise Fees, whichever is greater.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
All notices from a Cable Operator to the City required under this Title shall be directed to the City Manager. Cable Operators shall provide in any application for a cable Franchise the identity, address and phone number to receive notices from the City. Separate noticing procedures and contacts may be provided in the Franchise.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
18.07.010 Renewal Of Franchise18.07.020 Sale Or Transfer18.07.030 Opportunity To Effectuate Transfer18.07.040 Conditions Of Sale18.07.050 Extended Operation18.07.060 Continuing Obligation And HoldoverAny proceedings undertaken by the City that relate to the renewal of a Franchise granted pursuant to the provisions of this Title shall be governed by and comply with the provisions of the Cable Act, including, but not limited to, 47 U.S.C. § 546, unless the procedures and substantive protections set forth therein shall be deemed to be preempted and superseded by the provisions of any subsequent provision of federal or state law. Notwithstanding anything to the contrary set forth in this Section, the City and any Cable Operator, while affording the public appropriate notice and opportunity to comment, may agree to undertake and finalize informal negotiations regarding renewal of a Franchise granted hereunder. Renewal of a Franchise shall comply with the Application procedures set forth in CMC 18.02.020, and other applicable provisions of this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Cable Operator's right, title, or interest in the Franchise shall not be sold, transferred or assigned, in whole or in part, other than to an entity controlling, controlled by, or under common control with the Cable Operator, without the prior written consent of the City, such consent not to be unreasonably withheld. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Cable Operator in the Franchise or Cable System in order to secure indebtedness. Any request for approval of such a sale, transfer or assignment by Cable Operator shall contain or be accompanied by such information as is required in accordance with applicable provisions of the Cable Act and FCC Regulations. The City may request and shall notify the Cable Operator in writing of any additional information it reasonably requires to determine the legal, financial and technical qualifications of the transferee. Pursuant to and only to the extent required in 47 U.S.C. § 537, the City shall have 120 days to act upon any complete request for approval of a sale, transfer or assignment as provided herein. If the City fails to render a final decision on the complete request within the time frame set forth herein, the request shall be deemed granted unless the Cable Operator and City agree to an extension of time. Any future buyer, assignee or transferee of any right or interest under a Franchise shall consent in writing to be bound by the terms and conditions of the Franchise as a condition precedent to such purchase, transfer or assignment. In the event of a sale, transfer or assignment, the buyer, assignee or transferee (“Subsequent Owner”) shall be liable for the performance of each of the obligations contained in the Franchise. Acceptance of an assignment, transfer, deed, bill of sale, or similar conveyance, shall constitute an agreement by such party to assume and to be bound by the provisions of the Franchise. Each such Subsequent Owner shall sign an assignment and assumption agreement with the City in a form reasonably acceptable to the City agreeing to be bound by all the terms and conditions of the Franchise as provided herein and shall provide the City the requisite insurance certification required by this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
The Cable Operator and the City agree that in the case of a final determination of a lawful revocation of the Franchise, the Cable Operator shall be given a reasonable opportunity to effectuate a transfer of its Cable System to a qualified third party. Furthermore, the Cable Operator shall be authorized to continue to operate pursuant to the terms of its prior Franchise during such a period of time; however, under no event shall such authorization exceed a period of time greater than 12 months from the effective date of such revocation, unless otherwise agreed to in writing by the City. If, at the end of that time, the Cable Operator is unsuccessful in procuring a qualified transferee or assignee of its Cable System which is reasonably acceptable to the City, the Cable Operator and the City may avail themselves of any rights they may have pursuant to federal or state law. It is further agreed that the Cable Operator's continued operation of the Cable System during the 12 month period shall not be deemed to be a waiver, nor an extinguishment of, any rights of either the City or the Cable Operator. Any transfer or assignment made hereunder shall comply with the procedures and provisions of CMC 18.07.020.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
If a renewal of the Cable Operator's Franchise is denied or the Cable Operator’s Franchise is lawfully terminated pursuant to applicable provisions of this Title or any Franchise granted hereunder, and the City either lawfully acquires ownership of the Cable System or by its actions lawfully effects a transfer of ownership of the Cable System to another party, any such acquisition or transfer shall be at the price determined pursuant to the provisions set forth in the Cable Act, including, but not limited to, 47 U.S.C. § 547.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Upon either expiration or revocation of a Franchise granted pursuant to this Title, the City shall have the discretion to permit a Cable Operator to continue to operate its system or provide services for an extended period of time not to exceed six months from the date of such expiration or revocation. The Cable Operator shall continue to operate its system under the terms and conditions of this Title and the Franchise granted pursuant to this Title during the approved period for extended operations.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
In the event a Cable Operator continues to operate any or all of its Cable System or services within the City after the term of the granted Franchise has expired, without approval from the City pursuant to CMC 18.07.050 for extended operations, such Cable Operator shall continue to comply with all applicable provisions of this Title and the expired Franchise, including, without limitation, all compensation and other payment provisions throughout the period of such continued operation; provided, that any such continued operation shall in no way be construed as a renewal or other extension of the Franchise, nor as a limitation on the remedies available to the City as a result of such continued operation after the expiration of the Franchise.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
18.08.010 Police Power18.08.020 Authority Over Non-Cable Systems And Services18.08.030 Failure To Enforce18.08.040 Revocation Or Termination18.08.050 Governing Law And Interpretation18.08.060 Severability18.08.070 ViolationsCable Operators’ rights are subject to the police powers of the City to adopt and enforce ordinances necessary to the health, safety and welfare of the public. Cable Operators shall comply with all applicable general laws and ordinances enacted by the City pursuant to its police powers. To the fullest extent permitted by applicable law, either now or in the future, the City reserves the right to adopt or issue such rules, regulations, or directives that it finds necessary or appropriate in the lawful exercise of its police powers.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Nothing in this Title or any Franchise granted hereunder shall be construed as a waiver of any right that the City may have to regulate or receive compensation for non-cable services to the extent authorized by applicable law. Cable Operator shall comply with and be subject to any and all applicable and lawful local, state and federal laws, rules and regulations regarding such non-cable services and all permitting, franchise and tax requirements regarding the same.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Cable Operators shall not be relieved of any obligations granted pursuant to this Title or any Franchise granted pursuant to this Title by reason of any failure of the City to enforce prompt compliance.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
Revocation or termination procedures may be set forth in the Franchise Agreement. In the event of revocation or termination of any Franchise, the Cable Operator shall have the right to affect a transfer pursuant to the provisions of CMC 18.07.030, and shall thereafter, as applicable, be subject to the abandonment and removal provisions of CMC 18.05.070. The Cable Operator shall repair and restore all property, public or private, that is disrupted, damaged or destroyed as a result of such removal in accordance with the provisions of CMC 18.05.010.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
This Title shall be construed in accordance with applicable federal and state law. This Title and any Franchise granted pursuant to this Title shall be construed in accordance with the laws of the State of Utah.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
If any word, phrase, sentence, part, section, subsection, or other portion of this Title, or any application thereof to any person or circumstances is declared void, unconstitutional, or invalid for any reason by a court of competent jurisdiction, such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this Title, and all applications thereof, shall remain in full force and effect.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
- Criminal Penalties. Any violation or failure to abide by, and comply with, any provisions or requirements of this Title shall be a violation of the Centerville Municipal Code, punishable as a class B misdemeanor unless otherwise provided by State law.
- Civil Penalties. The City may also impose civil penalties for violations of the provisions of this Title in accordance with the provisions of CMC 1.06 (Civil Penalties).
- Additional Remedies. The penalties set forth herein are in addition to all other remedies available to the City as provided by law and any contractual provisions set forth in a Franchise adopted pursuant to the provisions of this Title.
HISTORY
Adopted by Ord. 2017-03 on 4/4/2017
19.01.010 Scope And Purpose19.01.020 Authority19.01.030 Applicability19.01.040 Definitions19.01.050 Orders, Rules, And Regulations19.01.060 Master License Agreement Required19.01.070 Use By Right-Of-Way For Small Wireless Facilities And Utility Poles19.01.080 Design Standards19.01.090 Additional Requirements19.01.100 Permitting, Application And Review Process19.01.110 Damage And Repair19.01.120 Enforcement And Remedies; Abandonment And/or Removal19.01.130 CompensationAppendix: Small Wireless Facilities Infrastructure Design StandardsThis Title applies to Small Wireless Facilities in the City’s public Right-of-Way, as such terms are more particularly defined in CMC 19.01.040. The purpose of this Title is to regulate the installation, construction, operation, co-location, modification, maintenance, and removal of Small Wireless Facilities in the City’s public Right-of-Way, balancing the benefit of wireless services with other established goals, objectives and values of the City while promoting and protecting the public health, safety and welfare of the citizenry and the general public. It is the intent of this Title to comply with all applicable provisions of Federal and State law, including, but not limited to the Utah Small Wireless Facilities Deployment Act, as set forth in Utah Code §§ 54-21-101, et seq., and the Federal Communications Commission, Declaratory Ruling and Third Report and Order: Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, to the extent applicable to the City.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
In accordance with Federal and State law, the City may exercise zoning, land use, planning, placement, and permitting authority with respect to wireless support structures and utility poles. To the fullest extent allowed under Federal and State law, rules and regulations, the City reserves the right to regulate zoning, land use, planning, placement and permitting related to wireless communication facilities.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
All references to Small Wireless Facilities in this Title shall refer only to Small Wireless Facilities in the public Right-of-Way. No person shall install, construct, modify, or otherwise place any Small Wireless Facility within the public Right-of-Way in violation of the provisions of this Title. In the interest of the health, safety and welfare of the City, its citizens, and the general public, no Small Wireless Facilities shall be collocated on any power, traffic or directional poles within the City.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
For purposes of this Title, the following words shall have the meanings set forth in this Section. Words not defined shall be given their common and ordinary meaning. The definitions set forth herein are intended to comply and be consistent with the terms and definitions set forth in the Utah Small Wireless Facilities Deployment Act, as set forth in Utah Code §§ 54-21-101, et seq.
- Antenna – Communications equipment that transmits or receives an electromagnetic radio frequency signal used in the provision of a wireless service.
- Applicant – A wireless provider who submits an application.
- Application – A request submitted by a wireless provider to the City for a permit to collocate a Small Wireless Facility in the Right-of-Way or install, modify, or replace a Utility Pole or Wireless Support Structure.
- Authority Pole – A Utility Pole owned, managed, or operated by, or on behalf of, the City.
- Collocate – To install, mount, maintain, modify, operate, or replace a Small Wireless Facility on a Wireless Support Structure or Utility Pole, or, ground-mounted equipment, adjacent to a Wireless Support Structure or Utility Pole.
- Decorative Pole – An Authority Pole that is specially designed and placed for an aesthetic purpose and on which attachments are prohibited (other than Small Wireless Facilities, informal or directional signs, or temporary holiday or special event attachments).
- Design District – An area that is zoned or otherwise designated by the City as an area of historic or other significance for which the City maintains and enforces unique design and standards. Design District shall include the Parrish Lane Gateway District, the Shorelands Commerce Park District, and the South Main Street Corridor Overlay District, as defined in the Centerville Zoning Code.
- Gross Revenue – Means the same as gross receipts from telecommunications services as defined in Utah Code Ann. § 10-1-402.
- Historic District – A group of buildings, properties, or sites that are listed in the National Register of Historic Places, formally determined eligible for listing in the National Register of Historic Places by the Keeper of the National Register, or in an historic district or area created under Utah Code Ann. § 10-20-601. Historic District shall include the Centerville Deuel Creek Historic District as defined in the Centerville Zoning Code.
- Master License Agreement – An agreement between a provider and the City that sets forth general terms and conditions pursuant to which the provider may install and operate small wireless facilities in the Right-of-Way.
- Micro Wireless Facility – A type of Small Wireless Facility that, not including any antenna, is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height on which any exterior antenna is no longer than 11 inches and only provides Wi-Fi service.
- Permit – Written authorization required by the City and issued under this Title for construction, excavation or other work in, or obstruction of, the public Right-of-Way allowing a wireless provider to perform an action or initiate, continue, or complete a project, subject to the terms of this Title and a Master License Agreement.
- Right-of-Way – Includes the areas on, below or above all public highways, roadways, streets, roads, sidewalks, alleys, dedicated Rights-of-Way, owned by or dedicated for public use or dedicated to the City. It does not include utility or other easements not located within the above described areas.
- Small Wireless Facility – A wireless facility on which each wireless provider’s antenna could fit within an enclosure of no more than 6 cubic feet in volume, and for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume, not including any electric meter, concealment element, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, vertical cable run for the connection of power or other service, wireless provider antenna, or coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility. If more than one Small Wireless Facility is collocated on a structure, the facilities together shall collectively not exceed the total size dimensions described herein.
- Substantial Modification – A proposed modification or replacement to an existing Wireless Support Structure that will substantially change the physical dimensions of the wireless support structure under the substantial change standard established in 47 C.F.R. Sec. 1.40001(7) or a proposed modification in excess of the site dimensions specified in 47 C.F.R. Part 1, Appendix C, Sec. III.B.
- Utility Pole – A pole or similar structure that is in a Right-of-Way and is or may be used for: wireline communications, electric distribution, lighting, or the collocation of a Small Wireless Facility. Utility pole does not include traffic control signs, street signs, a Wireless Support Structure, a structure that supports electric transmission lines, or electric power poles owned by the City.
- Wireless Facility – Equipment at a fixed location that enables wireless communication between user equipment and a communications network, including equipment associated with wireless communications regardless of the technological configuration, a radio transceiver, an antenna, a coaxial or fiber-optic cable, a regular or backup power supply, or comparable equipment. A Wireless Facility does not include the structure or an improvement on, under, or within which the equipment is collocated; or a coaxial or fiber-optic cable that is: (i) between wireless structures or utility poles; (ii) not immediately adjacent to or directly associated with a particular antenna; or (iii) a wireline backhaul facility.
- Wireless Infrastructure Provider – See definition in Utah Code 54-21-101.
- Wireless Provider – A wireless infrastructure provider or wireless service provider.
- Wireless Service – Any service using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public using a wireless facility. “Wireless Service” includes the use of WiFi.
- Wireless Service Provider - See definition in Utah Code 54-21-101.
- Wireless Support Structure – An existing or proposed structure that is in the Right-of-Way and designed to support or capable of supporting a wireless facility, including a monopole, tower, either guyed or self-supporting, billboard or building. A Wireless Support Structure does not include: a structure designed solely for the collocation of a Small Wireless Facility, utility pole, City owned structure that supports electric lines used for the provision of municipality electric service, or structure owned by the City that uses electric lines that are used for the provision of electrical service.
- Wireline Backhaul Facility - See definition in Utah Code 54-21-101.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
In addition to the requirements set forth in this Title, the City may adopt orders, rules and regulations which are reasonably necessary to accomplish the purposes of and are consistent with this Title. Such additional regulations include the Small Wireless Facilities Infrastructure Design Guidelines as adopted by resolution of the City Council.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
- A wireless provider may not install, repair, maintain, remove and replace wireless facilities in the Right-of-Way without first entering into a master license agreement with the City.
- The City is empowered and authorized to grant nonexclusive master license agreements on a nondiscriminatory basis, governing the installation, operation, use and maintenance of wireless facilities in the City’s rights of way that are consistent with the provisions of this Title.
- The City may negotiate additional or different terms with the different wireless providers, in the exercise of City’s reasonable discretion and pursuant to the City’s police powers and proprietary rights in the Rights-of-Way.
- The City shall grant a master license agreement to a wireless provider pursuant to ordinance authorizing the negotiation and execution of a master license agreement. Acceptance of the master license shall occur by the wireless provider executing the authorized master license agreement within 30 days of recordation of the authorizing ordinance. Any amendment or extension thereof will also require City council approval.
- The term of a master license agreement may be renewed if the wireless provider is in compliance with the master license agreement and all applicable laws, rules, and regulations, including this Title. At the expiration of the term of the master license agreement, the wireless provider shall remove its wireless facilities from the Right-of-Way.
- If a wireless provider has telecommunications systems that may be used for multiple purposes, such as a wireline backhaul facility or video services system, then such provider shall obtain a franchise or other relevant agreement from the City for each permitted purpose.
- Before offering or providing any wireless services pursuant to the master license agreement, a wireless provider shall obtain all other regulatory approvals, permits, authorizations or licenses for the offering or providing of such services from the appropriate Federal, State, and local authorities, if required, and shall submit to the City evidence of the same. If such regulatory approvals, permits, authorizations or licenses cannot be obtained until after a permit is issued from the City, provider shall inform the City in writing and such regulatory approvals, permits, authorizations or licenses may be waived until after issuance of the permit from the City. If nay portion is herein is waived, provider shall still be required to provide such proof of regulatory approvals, permits, authorizations, or licenses after a permit is issued by the City.
- The grant of a master license agreement does not excuse the wireless provider from obtaining: (i) any permit or other authorization required to engage in or carry on any business within the City as required by the laws, rules, and regulations of the City; (ii) any other permit, agreement or authorization required in connection with the use of property or facilities owned by third parties; or (iii) any other permit or authorization required in connection with excavating or performing other work in or along the Right-of-Way.
- Any wireless provider acting without a master license agreement on the effective date of the ordinance codified in this Title shall request issuance of a master license agreement from the City within 90 days of the effective date of this Ordinance. If such request is made, the wireless provider may continue to provide services during the course of negotiations. If a timely request is not made, or if a master license agreement is not granted, the wireless provider shall remove its equipment from the Right-of-Way within 30 days of notice from the City.
- A master license agreement shall not convey title, equitable or legal, in the Right-of-Way. A master license agreement is the right to non-exclusively occupy the Right-of-Way for the limited purposes and time period stated in the agreement.
- A master license agreement granted pursuant to this Title shall contain appropriate provisions for enforcement, compensation, and protection of the public, consistent with the other provisions of this Title, including, but not limited to, defining events of default, procedures for accessing the bond/security fund, and rights of termination or revocation.
- In the event a wireless provider continues to operate all or any of its wireless facilities after the terms of the master license has expired, such wireless provider shall continue to comply with all applicable provisions of this Title and the master license agreement, including, without limitation, all compensation provisions; provided, that any such continued operations shall in no way be construed as a renewal or other extension of the master license agreement, nor as a limitation on the remedies available to the City as a result of such continued operation after the term, including, but not limited to, damages and restitution.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
- Subject to the provisions of this Title and the issuance of a permit, a Wireless Provider may:
- Collocate a Small Wireless Facility;
- Install, operate, modify, maintain or replace:
- A Utility Pole associated with the Wireless Provider’s collection of Small Wireless Facilities;
- Equipment required for a Wireless Provider’s Collocation of Small Wireless Facilities; or
- Authority Pole with the wireless provider’s collection of Small Wireless Facilities.
- Except, an Applicant may not install a new Utility Pole in a Right-of-Way without the City’s discretionary, nondiscriminatory, and written consent, if the Right-of-Way is adjacent to a street or thoroughfare that is:
- not more than 60 feet wide, as depicted in the official plat records;
- adjacent to single-family residential lots, other multifamily residences or undeveloped land that is designated for residential use by master plan, zoning or deed restrictions.
- Small Wireless Facilities and new, modified, and replacement Utility Poles, Authority Poles and Wireless Support Structures in the Right-of-Way shall be allowed in any zoning district after staff review and approval in accordance with the standards set forth in this Title.
- A Small Wireless Facility, Utility Pole or Authority Pole may not:
- obstruct or hinder the usual travel or public safety on a Right-of-Way;
- obstruct, damage, or interfere with another utility facility in a Right-of-Way or a utility's use of the utility's facility in a Right-of-Way or the clear view area of any public or private driveway or drive approach.
- Construction and maintenance by the Wireless Provider shall comply with all applicable legal obligations for the protection of underground and overhead utility facilities.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
- Integrated Design. The design and location of a Small Wireless Facility, Utility Pole, and/or Wireless Support Structure shall comply with all standards adopted by the City. Small Wireless Facilities shall be architecturally integrated into the Wireless Support Structure and shall be installed in a manner that prioritizes and minimizes the visual impact. Small Wireless Facilities should not be readily noticed. Exposed cabling is prohibited, except for Collocations on existing structures where internal cable routing is not feasible (e.g., on a wooden pole). To the extent reasonably feasible from an engineering, construction and design perspective, the application shall consider the surrounding colors, materials, and architectural features to ensure that the design of the new facility is compatible with the surrounding area and the goals of the City.
- Height and Size Limitations.
- The height of a new or modified Utility Pole or Authority Pole that has a collocated Small Wireless Facility may not exceed 50 feet above ground level.
- For a utility pole existing on or before September 1, 2018, an antenna of a Small Wireless Facility may not extend more than 10 feet above the top of the Utility Pole.
- A Small Wireless Facility and its associated equipment may not exceed the dimensions set forth in Utah Code 54-21-101(25).
- Decorative Poles. If necessary to collocate a Small Wireless Facility, a Wireless Provider may replace a decorative pole, if the replacement pole reasonably conforms to the design aesthetic of the displaced decorative pole.
- Historic and Design Districts.
- A wireless provider shall participate in a pre-application meeting with the City’s Planning Staff and obtain design approval from the City before collocating a new Small Wireless Facility or installing a new Utility Pole in an area that is zoned or otherwise designated as a Historic District or a Design District. The pre-application meeting shall be included in any time frames set forth for review of the application by the City.
- All Small Wireless Facilities in Historic or Design Districts shall, to the extent possible, use design techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, or other design options that will blend the Small Wireless Facilities to the surrounding natural setting and built environment. Design, materials and colors of Small Wireless Facilities shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation located in the Right-of-Way and on adjacent parcels.
- Should the Director determine that such design meets the intent of this Code and the community is better served thereby, the design may include the use of man-made trees, clock towers, bell steeples, light poles, buildings, and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflage or conceals the presence of Antennas or Poles so as to make them architecturally compatible with the surrounding area pursuant to this Title.
- All visible exterior surfaces on all Small Wireless Facilities shall be constructed out of or finished with non-reflective materials.
- Subject to the permit process set forth in this Title, the City may require a reasonable, technically feasible, nondiscriminatory, or technologically neutral design or concealment measure in an historic district or design district, unless the facility is excluded from evaluation for effects on historic properties under 47 C.F.R. Sec. 1.1307(a)(4).
- No above ground wireless facilities or poles shall be installed in designated Historic Districts.
- Aesthetics. Small Wireless Facilities shall not be lighted or marked unless required by an applicable governmental authority. Signs located at the Small Wireless Facilities shall be limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by an applicable governmental authority. Commercial advertising is strictly prohibited.
- Undergounding. All new fiber backhaul lines, electrical distribution lines, wires, cables, or other facilities serving Small Wireless Facilities must be located underground, however antennas or other facilities required to remain above ground in order to be functional are permitted as approved by the City.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
- Insurance and Bonding. A wireless provider will be responsible for carrying and maintaining insurance and bonds as may be required in the master license agreement and in connection with obtaining a permit.
- Indemnity. A wireless provider shall indemnify, save harmless, and defend City, its officers and employees, from and against all losses, claims, counterclaims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorneys’ fees, arising out of or in connection with such provider’s wireless facilities or use of the Right-of-Way, unless and to the extent caused by the City’s negligence.
- Electrical Service. A wireless provider will be solely responsible for establishing electrical power services for to each of its wireless facilities and for the payment of all electrical utility charges to the City.
- Inspections. All wireless facilities and wireless provider-owned structures shall be maintained by the wireless provided in a clean and good condition, free of graffiti, and rusting, excessive dirt, and peeling paint. The City shall have the authority to conduct inspections of the wireless facilities and structures at any time to determine whether such facilities and structures comply with the requirements of this Title. The City shall notify provider in writing of any failed inspections and provide 30 days to provider to remedy any failed inspection. If provider fails to remedy any failed inspection, the City may remedy any defect and provider shall pay to the City the actual costs incurred by the City along with any administrative penalties set forth by the City.
- Compliance with Law. All Small Wireless Facilities must at all times comply with all applicable federal, state, and local building codes and safety codes and regulations. All Small Wireless Facilities and structures shall be constructed and installed to manufacturer’s specifications.
- Hazardous Materials. Provider shall not possess, use, generate, release, discharge, store, dispose of, or transport any hazardous materials on, under, in, above, to, or from any Right-of-Way except in compliance with all applicable environmental laws and pre-approved by City. Wireless provider shall promptly reimburse City for any fines or penalties levied against c because of wireless provider’s failure to comply with environmental laws.
- Compliance. Provider shall follow all City Ordinances regarding insurance, bonding, and any other requirement applicable to other entities utilizing the the Right-of-Way.
- Additional Requirements. Wireless facilities will be subject to any additional requirements set forth in the applicable master license agreement and permit.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
- All Applicants shall be required to obtain a permit to Collocate a Small Wireless Facility in a Right-of-Way or to install a new, modified, or replacement Utility Pole, Authority Pole or Wireless Support Structure associated with a Small Wireless Facility in a Right-of-Way.
- City staff is authorized and empowered to create any necessary forms, rules, regulations and requirements consistent with this Title that are necessary to assist the City in the permitting, application and review process.
- All Applications shall contain the following:
- Application form signed by the Applicant or authorized representative;
- Zoning and construction drawings;
- Application fee;
- An industry-standard pole load analysis indicating that the structure on which the wireless facilities will be mounted will safely support the load. If a small wireless facility cannot be safely installed on the respective structure, applicant shall either replace the structure with a compliant structure of the same type, or propose a new location;
- A photograph of each proposed location showing the condition of the location before construction and installation;
- Proof or evidence of insurance as required by applicable City Ordinance or the master license agreement or any other agreement with the City; and
- An affidavit that the installation or collocation of the Small Wireless Facility shall be completed within 270 days after the day on which the City issues the permit.
- Application Fees. The Applicant shall pay all application fees set forth in CMC 19.01.130.
- Procedure for Review of Applications
- Within thirty (30) days of the receipt of an application for Review for the collocation of Small Wireless Facility or new, modified or replacement Utility Pole or Authority Pole, the City shall determine whether the application is complete and notify the Applicant in writing.
- If the City determines the application is incomplete, the City shall specifically identify the missing information in the written notification. The processing deadline shall be tolled from the day on which the City sends the Applicant the written notice to the day on which the City receives the Applicant’s missing information or for a mutually agreeable period of time as identified in a written agreement between the Applicant and the City.
- Expiration of Application. An Application for a Small Wireless Facility expires if the City notifies the Wireless Provider that the Wireless Provider’s Application is incomplete, in accordance with Subsection (2) and the Wireless Provider fails to respond within 90 days after the day on which the City notifies the wireless provider.
- Decision. The City shall approve or deny an Application for the Collocation of a Small Wireless Facility, within 60 days after the day on which the City receives the complete Application and for a new, modified, or replacement Utility Pole, within 105 days after the day on which the City receives the complete Application. If the City fails to approve or deny the Application within the applicable time period the Application is deemed approved.
- Denial of Application.
- The City may deny an Application to collocate a Small Wireless Facility or to install, modify, or replace a Utility Pole, only if the action requested in the Application:
- materially interferes with the safe operation of traffic control equipment;
- materially interferes with a sight line or a clear view area for transportation or pedestrians;
- materially interferes with compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101 et seq., or a similar federal or state standard regarding pedestrian access or movement;
- fails to comply with the requirements set forth in this Code;
- creates a public health or safety hazard; or
- obstructs or hinders the usual travel or public safety of the Right-of-Way.
- Notification of Denial. If the City denies an application, the City shall document the basis for the denial, including any specific law on which the denial is based and send written notification informing the Applicant of the denial, including the basis for the denial.
- Resubmission of Application. Within 30 days after the day on which the City denies an Application, the Applicant may, without paying an additional application fee cure any deficiency the City identifies in the Applicant's Application and resubmit the Application. The City shall approve or deny a revised Application within 30 days after the day on which the City receives the revised Application. Review of a revised Application is limited to the deficiencies documented as the basis for denial unless the Applicant has changed another portion of the Application.
- Consolidated Applications. If an Applicant seeks to Collocate multiple Small Wireless
Facilities within the City, the City shall allow the Applicant, at the Applicant’s discretion, to file a consolidated Application for the Collocation of up to 25 Small Wireless Facilities, if all of the Small Wireless Facilities in the consolidated Application are substantially the same type and proposed for collocation on substantially the same types of structures, or install, modify, or replace multiple Utility Poles within the City, the City shall allow the Applicant, at the Applicant’s discretion, to file a consolidated Application for the installation, modification, or replacement of up to 25 Utility Poles.
- A consolidated Application may not combine Applications solely for collocation of Small Wireless Facilities on existing Utility Poles with Applications for the installation, modification, or replacement of a Utility Pole.
- If the City denies the application for one or more Utility Poles, or one or more Small Wireless Facilities, in a consolidated application, the City may not use the denial as a basis to delay the application process of any other Utility Pole or Small Wireless Facility in the same consolidated Application.
- An applicant may not file within a 30-day period more than one consolidated application or multiple applications that collectively seek permits for a combined total of more than 25 Small Wireless Facilities and Utility Poles.
- Exceptions to Permitting. Except as otherwise provided herein or in a master license agreement, applications for permits are not required for routine maintenance of the Small Wireless Facility or support structures for the Small Wireless Facility unless it interferes with pedestrian or vehicular traffic or affects the health, safety or welfare of the City.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
If a Wireless Provider's activity causes damage to a pole or Right-of-Way, the Wireless Provider shall repair the pole or Right-of-Way to substantially the same condition as before the damage. If a Wireless Provider fails to make a repair required by the City within a reasonable time after written notice, the City may make the required repair; and charge the Wireless Provider the reasonable, documented, actual cost for the repair. If the damage causes an urgent safety hazard, the City may immediately make the necessary repair and charge the Wireless Provider the reasonable, documented, cost for the repair.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
- Enforcement. The City is responsible for enforcing and administering this Title. The City or its designee is authorized to give any notice required by law or under any master license agreement or permit. Failure of City to require performance of any term in this Title or the waiver by either party of breach hereof shall not prevent subsequent enforcement of that term and shall not be deeded a waiver of any subsequent breach.
- Abandonment and/or Removal of wireless facilities:
- In the event: (a) the use of a wireless facility is discontinued for a continuous period of 12 months; (b) the term of the applicable master license agreement has expired; or (c) any wireless facility or structure has been installed in the Rights-of-Way without complying with the requirements of this Title, and the respective wireless facilities have not been removed by the wireless provider within 30 days of any such event, such wireless provider shall be deemed to have abandoned such wireless facility.
- If any wireless facility is deemed abandoned or installed without complying with the requirements of this Title, the wireless provider shall remove its wireless facilities and structures within 60 days of the City’s notice of such abandonment and shall repair and restore the Right-of-Way to a similar or better condition than at the time of the installation. Failure to do so may result in the City’s removal of the facilities and structures at the wireless provider’s cost. The City shall have the right to inspect and approve the condition of the Right-of-Way, wireless facilities, and structures prior to and after removal. The liability, indemnity and insurance provisions of this Title and any security required of a wireless provider shall continue in full force and effect during the period of removal and until full compliance by a provider with the terms and conditions of this Title.
- Transfer and/or Acknowledgment of Abandoned System. Upon abandonment of any system, a provider, if required by the City, shall submit to the City a written instrument, in a form satisfactory to the City, transferring to the City the ownership of the abandoned system or, as the City may request, acknowledging abandonment of the system.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
As fair and reasonable compensation for any small wireless facility installation granted pursuant to this Title, applicants and providers shall have the following obligations:
- Application Fees. The Applicant shall pay the applicable application fees set forth in Utah Code 54-21-503 and as more particularly provided in CMC 19.01.100;
- $100 for each small wireless facility;
- $250 for each utility pole associated with a small wireless facility; and
- $1,000 for each utility pole or WCF that is not permitted under Utah Code 54-21-204.
- Right-of-Way Rate. A provider shall pay a right-of-way rate of the greater of 3.5% of all gross revenues related to the provider’s use of the city’s right-of-way for small wireless facilities or $250 annually for each small wireless facility in accordance with Utah Code 54-21-502. A provider does not have to the pay this rate if it is subject to the municipal telecommunications license tax under Title 10, Part 4 of the Utah Code, Municipal Telecommunications License Tax Act, and CMC 5.08 (Telecommunications License Tax).
- Permit Fees. The Applicant and/or provider shall also pay fees required for any permit necessary to install and maintain the proposed WCF or utility pole.
- Authority Pole Collocation Rate. The city adopts the authority pole collocation rate as established in Utah Code 54-21-504.
HISTORY
Adopted by Ord. 2019-07 on 4/12/2019
In addition to Title 19 of the Centerville Municipal Code, the City has adopted the Small Wireless Facilities Infrastructure Design Standards as adopted by Resolution No. 2019-09. A copy of the Small Wireless Facilities Infrastructure Design Standards can be accessed here.
HISTORY
Adopted by Res. 2019-09 on 4/12/2019
20.01 General Provisions20.02 Impact Fee Enactments20.03 Notice And Hearing20.04 Accounting And Expenditures20.05 Adjustments And Credits20.06 Challenges And Appeals20.07 Culinary Water Impact Fees20.08 Park Impact Fees20.09 Storm Drain Impact Fees20.01.010 Title20.01.020 Purpose20.01.030 Authority20.01.040 Definitions20.01.050 Severability20.01.060 Interpretation20.01.070 Effective Date20.01.080 DisclaimerThis Title shall be known as the “Centerville Impact Fees Ordinance.” This Title shall also be known as Title 20 of the Centerville Municipal Code or CMC 20 (Impact Fees). This Title may be cited under either designation and referred to herein as this Title.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
This Title establishes the City’s impact fees policies and procedures and is enacted pursuant to the Impact Fees Act as set forth in Utah Code §§ 11-36a-101, et seq. The purpose of this Title is to set forth provisions regarding impact fees imposed by the City, provide a schedule of impact fees for development activity within the City, describe certain capital improvements to be funded by such impact fees, and set forth direction for challenging, modifying, and appealing impact fees imposed by the City.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
This Title is adopted pursuant to authority provided in the Impact Fees Act as set forth in Utah Code §§ 11-36a-101, et seq. The City is authorized to impose impact fees subject to and in accordance with applicable provisions of the Impact Fees Act.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Words and phrases that are defined in the Impact Fees Act shall have the same definition in this Title. In the event of conflict between definitions set forth herein and those set forth in State law, the definitions set forth in State law shall govern. The following words and phrases are defined as follows:
- “City” means Centerville City, a political subdivision of the State of Utah.
- “Development Activity” means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that creates additional demand and need for public facilities.
- “Development Approval” means any written authorization from the City that authorizes the commencement of development activity and any other approval as defined in Utah Code § 11-36a-102.
- “Impact Fee” means a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. Impact fee does not include a tax, special assessment, building permit fee, hookup fee, fee for project improvements, or other reasonable permit or application fee.
- “Impact Fee Analysis” means the written analysis for each impact fee imposed by the City as required by Utah Code § 11-36a-303.
- “Impact Fee Facilities Plan” means the facilities plan for each impact fee imposed by the City as required by Utah Code § 11-36a-301.
- “Impact Fees Act” means the Utah Impact Fees Act as set forth in Utah Code §§ 11-36a-101, et seq.
- “Level of Service” means the defined performance standard or unit of demand for each cacpital component of a public facility within the a service area.
- “Project Improvements” means site improvements and facilities that are: planned and designed to provide service for development resulting from a development activity; necessary for the use and convenience of the occupants or users of development resulting from a development activity; and not identified or reimbursed as a system improvement. Project Improvements does not include system improvements as more particularly defined herein.
- “Proportionate Share” means the cost of public facility improvements that are roughly proportionate and reasonably related to the service demands and needs of any development activity.
- “Public Facilities” means impact fee facilities as defined in the Impact Fees Act that have a life expectancy of 10 or more years and are owned or operated by or on behalf of a local political subdivision or private entity. As defined in the Impact Fees Act, impact fee facilities include, but are not limited to, water rights and water supply, treatment, storage, and distribution facilities; wastewater collection and treatment facilities; stormwater, drainage, and flood control facilities; municipal power facilities; roadway facilities; parks, recreation facilities, open space, and trails; public safety facilities; environmental mitigation; or municipal gas facilities.
- “Service Area” means a geographic area designated by the City on the basis of sound planning or engineering principles in which a public facility, or a defined set of public facilities, provides service within the area.
- “System Improvements” means existing public facilities that are identified in the impact fee analysis under Utah Code § 11-36a-304 and designed to provide services to service areas within the community at large, and future public facilities identified in the impact fee analysis under Utah Code §11-36a-304 that are intended to provide services to service areas within the community at large. System improvements do not include project improvements as defined herein.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
If any section, subsection, paragraph, clause, or phrase of this Title is declared invalid for any reason, such decision shall not affect the remaining portions of this Title, which shall remain in full force and effect, and for this purpose, the provisions of this Title are declared to be severable.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
This Title has been divided into sections, subsections, paragraphs, and clauses for convenience only and the interpretation of this Title shall not be affected by such division or by any heading contained herein.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
In accordance with the provisions of Utah Code § 11-36a-401, this Title and the impact fees adopted herein or pursuant hereto, shall not take effect until 90 days after the day on which the ordinance is approved. All impact fees in place at the time of adoption of this Title shall remain in full force and effect until and unless repealed and replaced by the provisions of this Title after the 90-day waiting period.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Nothing in this Title may be construed to repeal or otherwise eliminate an impact fee in effect on the effective date of this Title that is pledged as a source of revenues to pay bonded indebtedness that was incurred before the effective date of this Title.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
20.02.010 Impact Fee Enactment20.02.020 Impact Fee Facilities Plan20.02.030 Impact Fee Analysis20.02.040 Calculating Impact Fees20.02.050 Certification20.02.060 Compliance20.02.070 Public Facilities Restrictions20.02.080 Level Of Service Restrictions20.02.090 Accessory Dwelling Unit Restrictions20.02.100 School RestrictionsBefore imposing or amending an impact fee, the City is required to prepare and adopt by ordinance an impact fee enactment in accordance with Utah Code § 11-36a-401. The impact fee enactment shall be prepared to include all of the elements and requirements set forth in Utah Code § 11-36a-402. An impact fee enactment may not take effect until 90 days after the day on which the impact fee enactment is approved by the City Council as more particularly provided in CMC § 20.01.070 and Utah Code § 11-36a-401.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Before imposing or amending an impact fee, the City is required to prepare an impact fee facilities plan to determine the public facilities required to serve development resulting from new development activity in accordance with Utah Code § 11-36a-301. The impact fee facilities plan shall identify and include all of the elements and requirements set forth in Utah Code § 11-36a-302.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Before imposing or amending an impact fee, the City is required to prepare an impact fee analysis for each impact fee in accordance with Utah Code § 11-36a-303. The City is also required to prepare a summary of the impact fee analysis designed to be understood by a lay person. The impact fee analysis shall identify and include all of the elements and requirements set forth in Utah Code § 11-36a-304.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
In calculating an impact fee, the City may include those costs, services, and expenses set forth in Utah Code § 11-36a-305. In calculating impact fees, the City shall base such amounts on realistic estimates and the assumptions underlying those estimates shall be disclosed in the impact fee analysis. An impact fee imposed by the City may not exceed the highest fee justified by the applicable impact fee analysis.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The impact fee facilities plan and impact fee analysis for any impact fee imposed by the City must include a written certification from the person or entity that prepared the impact fee facilities plan and impact fee analysis in accordance with Utah Code § 11-36a-306.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
An impact fee imposed by the City shall comply with the requirements of the Impact Fees Act, as set forth in Utah Code §§ 11-36a-101, et seq.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Pursuant to Utah Code § 11-36a-201, impact fees may only be established for public facilities that have a life expectancy of 10 or more years and are owned or operated by or on behalf of a local political subdivision or private entity, as more particularly defined in CMC § 20.01.020 and Utah Code § 11-36a-102.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Pursuant to Utah Code § 11-36a-202, the City may not impose an impact fee to:
- Cure deficiencies in a public facility serving existing development;
- Raise the established level of service of a public facility serving existing development; or
- Recoup more than the City’s costs actually incurred for excess capacity in an existing system improvement.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Pursuant to Utah Code § 11-36a-202, the City may not impose an impact fee on development activity that consists of the construction of an internal accessory dwelling unit, as defined in Utah Code § 10-21-303, within an existing primary dwelling.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
Certain restrictions apply to imposing an impact fee on a school district or charter school as more particularly set forth in Utah Code §§ 11-36a-202, 11-36a-206, and 10-21-304.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Amended by Ord. 2026-01 (LUDMA renumbering) on 2/3/2026
20.03.010 Notice Of Intent To Prepare Or Amend Impact Fee Facilities Plan20.03.020 Notice To Adopt Or Amend Impact Fee Facilities Plan20.03.030 Public Hearing To Adopt Or Amend Impact Fee Facilities Plan20.03.040 Notice Of Intent To Prepare Impact Fee Analysis20.03.050 Notice Of Intent To Adopt Or Amend Impact Fee Enactment20.03.060 Public Hearing To Adopt Or Amend Impact Fee Enactment20.03.070 ExemptionBefore preparing or amending an impact fee facilities plan, the City shall provide notice of its intent to prepare or amend an impact fee facilities plan in accordance with applicable provisions of Utah Code § 11-36a-501.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Before adopting or amending an impact fee facilities plan, the City shall provide notice of its intent to adopt or amend an impact fee facilities plan in accordance with applicable provisions of Utah Code § 11-36a-502.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Before adopting or amending an impact fee facilities plan, the City shall hold a public hearing to hear public comment on the adoption or amendment to the impact fee facilities plan in accordance with applicable provisions of Utah Code § 11-36a-502.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Before preparing or contracting to prepare an impact fee analysis, the City shall provide notice of its intent to prepare or contract to prepare an impact fee analysis in accordance with the requirements of Utah Code § 11-36a-503.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Before adopting or amending an impact fee enactment, the City shall provide notice of its intent to adopt or amend an impact fee enactment in accordance with applicable provisions of Utah Code § 11-36a-504. The City shall also make a copy of the impact fee enactment and impact fee analysis available to the public in accordance with applicable provisions of Utah Code § 11-36a-504.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Before adopting or amending an impact fee enactment, the City shall hold a public hearing to hear public comment on the adoption or amendment to the impact fee enactment in accordance with applicable provisions of Utah Code § 11-36a-504.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
In accordance with Utah Code § 11-36a-403, an impact fee enactment that repeals or suspends the collection of impact fees is exempt from the noticing provisions set forth in this Chapter and in Utah Code § 11-36a-501, et seq.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
20.04.010 Impact Fees Accounting20.04.020 Impact Fees Reporting20.04.030 Impact Fees Expenditures20.04.040 Timing Of Expenditures20.04.050 Impact Fees Refunds - Developer Requested20.04.060 Other Impact Fees20.04.070 Additional Fees And Costs20.04.080 Fees Effective At Time Of Payment20.04.090 Imposition Of Additional Fee Or Refund After DevelopmentThe City shall establish a separate interest-bearing ledger account for each type of public facility for which an impact fee is collected, deposit a receipt for an impact fee in the appropriate ledger account, and retain the interest earned on each fund or ledger account in the fund or ledger account in accordance with Utah Code § 11-36a-601.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
At the end of each fiscal year, the City shall prepare a report for each impact fee fund or ledger account that complies with Utah Code § 11-36a-601. The annual impact fee report shall be certified by the Finance Director and transmitted to the State Auditor within 180 days after the day on which the fiscal year ends.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Pursuant to Utah Code § 11-36a-602, the City may expend impact fees only for a system improvement: (i) identified in the applicable impact fees facilities plan; and (ii) for the specific public facility type for which the fee was collected. Impact fees will be expended on a first-in first-out basis as described in CMC § 20.04.040.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Except as otherwise provided by law, the City shall expend or encumber impact fees with respect to a lot for a permissible use and within six years after the impact fee with respect to that lot is collected. For purposes of this calculation, the first funds received shall be deemed to be the first funds expended. Pursuant to Utah Code § 11-36a-602, the City may hold the impact fees for longer than six years if the City identifies in writing: (i) an extraordinary and compelling reason why the impact fees should be held longer than six years; and (ii) an absolute date by which the fees will be expended.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Pursuant to Utah Code § 11-36a-603, the City shall refund any impact fees paid by a developer, plus interest earned, when: (i) the developer does not proceed with the development activity and files a written request for a refund; (ii) the impact fees have not been spent or encumbered; and (iii) no impact has resulted. An impact that would preclude a developer from a refund from the City may include any impact reasonably identified by the City, including, but not limited to, the City having sized facilities and/or paid for, installed and/or caused the installation of facilities based in whole or in part upon the developer’s planned development activity even though that capacity may, at some future time, be utilized by another development.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
If the City fails to spend or encumber an impact fee in accordance with Utah Code § 11-36a-602, the City shall refund the impact fee to the original owner or claimants in accordance with Utah Code § 11-36a-603. The City may retain an unclaimed refund in accordance with Utah Code § 11-36a-603 and shall expend any such unclaimed refund on capital facilities identified in the current capital facilities plan for the type of public facility for which the impact fee was collected.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The impact fees authorized herein are separate from and in addition to user fees and other charges lawfully imposed by the City and other fees and costs that may not be included as itemized component parts of the impact fees set forth in the City Fee Schedule. In charging any such fees as a condition of development approval, the City recognizes that the fees must be a reasonable charge for the service provided.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The City will collect impact fees at the time of subdivision approval, building permit issuance, or any other trigger point set forth in the City Fee Schedule for the applicable impact fee. The impact fees will be calculated by the City. Unless the City is otherwise bound by a contractual requirement, the impact fees shall be determined by the fees set forth in the City Fee Schedule in effect at the time of payment.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
Should any developer undertake development activities such that the ultimate density or other impact of the development activity is not revealed to the City, either through inadvertence, neglect, a change in plans, or any other cause whatsoever, and/or the impact fee is not initially charged against all units or the total density within the development, the City shall be entitled to charge an additional impact fee to the developer or other appropriate person covering the density for which an impact fee was not previously paid.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
20.05.010 Adjustments20.05.020 Credits20.05.030 Waiver For Public PurposeHISTORY
Adopted by Ord. 2024-02 on 1/16/2024
In accordance with Utah Code § 11-36a-402, the City may adjust the standard impact fee at the time the fee is charged to respond to unusual circumstances in specific cases or to ensure that impact fees are imposed fairly. The City may also adjust the standard impact fee in response to a request for an individualized impact fee review for the development activity of the state, a school district, or a charter school and an offset or credit for a public facility for which an impact fee has been or will be collected. To the extent required by law, the City may adjust the amount of the impact fee on a particular development based on written information and data submitted by the developer deemed sufficient by the City to show a discrepancy between the impact fee being assessed and the actual impact of the development on the system.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
In accordance with Utah Code § 11-36a-402, a developer may be allowed a credit against an impact fee or a proportionate reimbursement of an impact fee if the developer dedicates land for a system improvement, builds and dedicates some or all of a system improvement, or dedicates a public facility that the City and the developer agree will reduce the need for a system improvement; provided that the system improvement is identified in the City’s Impact Fee Facilities Plan and is required by the City as a condition of approving the development activity. To the extent required in Utah Code § 11-36a-402, the City shall provide a credit against impact fees for any dedication of land for, improvement to, or new construction of, any system improvements provided by the developer if the facilities are system improvements, as defined herein and identified in the City’s Impact Fee Facilities Plan, or are dedicated to the public and offset the need for an identified system improvement.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
In accordance with Utah Code § 11-36a-403, the City Council may, on a project by project basis, authorize exceptions or adjustments to the impact fees for those projects the City Council determines to be of such benefit to the community as a whole to justify the exception or adjustment. Such projects may include low or moderate income housing or other development activities with a broad public purpose. The City Council may elect to waive or adjust impact fees for such projects. Applications for exceptions are to be filed with the City at the time the developer first requests the extension of service to the development or property.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
20.06.010 Requests For Information20.06.020 Advisory Opinion20.06.030 Challenges20.06.040 Procedure For Challenge20.06.050 Time Limitation20.06.060 Sole Remedy20.06.070 Administrative Appeal20.06.080 Arbitration20.06.090 Mediation20.06.100 Declaratory JudgementA person or entity required to pay an impact fee who believes the the impact fee does not meet the requirements of law may file a written request for information with the City Recorder in accordance with and subject to the provisions of Utah Code § 11-36a-701. As required by law, within two weeks after the receipt of the request for information, the City Recorder shall provide the person or entity with the applicable impact fee facilities plan, impact fee analysis, and any other relevant information relating to the applicable impact fee.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
A local government, private entity, or a potentially aggrieved person may request an advisory opinion from a neutral third party to determine compliance with the Impact Fees Act by filing a request for a written advisory opinion with the Office of the Property Rights Ombudsman in accordance with the procedures and provisions of Utah Code § 13-43-205. The statutory deadline for filing a request for an advisory opinion is set forth in Utah Code § 13-43-205. Unless otherwise provided by law, an advisory opinion issued by the Office of the Property Rights Ombudsman is not binding on any party to nor admissible as evidence in a dispute involving land use law and does not stay the progress of a land use application or the effect of a land use decision. However, if an impact fee that is the subject of an advisory opinion under Utah Code § 13-43-205 is listed as a cause of action in litigation, and that cause of action is litigated on the same facts and circumstances, and is resolved consistent with the advisory opinion, the substantially prevailing party on the cause of action may collect reasonable attorney fees and court costs and a refund of impact fees held to be in violation of the Impact Fees Act, as more particularly provided in Utah Code § 11-36a-701.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
A person or entity that has paid an impact fee that the City has imposed may challenge the impact fee in accordance with applicable provisions of Utah Code § 11-36a-701, et seq. Except as otherwise provided by law, a person or entity that has paid an impact fee that the City has imposed may generally challenge: (1) the impact fee; (2) whether the City complied with the notice requirements of the Impact Fees Act with respect to the imposition of the impact fee; and (3) whether the City complied with other procedural requirements of the Impact Fees Act for imposing the impact fee.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
A challenge to an impact fee may be initiated by filing: (1) an appeal to the City Council pursuant to the administrative appeal procedures set forth in CMC § 20.06.070; (2) a request for arbitration as provided in Utah Code § 11-36a-705; or (3) an action in district court.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
A person or entity that initiates a challenge to an impact fee may not initiate that challenge unless it is initiated within the applicable time limitations set forth in Utah Code § 11-36a-702 for the applicable type of challenge. Pursuant to Utah Code § 11-36a-702, the deadline to file an action in district court challenging an impact fee is tolled from the date that a challenge is filed using the administrative appeals procedure set forth in CMC § 20.06.070 until 30 days after the day on which a final decision is rendered in the administrative appeals process. Pursuant to Utah Code § 11-36a-705, the filing of a written request for arbitration tolls the time limitations set forth in Utah Code § 11-36a-702 until the day on which the arbitrator or arbitration panel issues a decision.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The sole remedy for a challenge to the City’s compliance with noticing requirements with respect to imposition of the impact fee is the equitable remedy of requiring the City to correct the defective notice and repeat the process, as provided in Utah Code § 11-36a-701. The sole remedy for a challenge to City’s impact fee is a refund of the difference between what the person or entity paid as an impact fee and the amount the impact fee should have been if it had been correctly calculated, as provided in Utah Code § 11-36a-701. The sole remedy for a successful challenge under Utah Code § 11-36a-701 which determines an impact fee process was invalid or an impact fee is in excess of the fee allowed by law, is a declaration that, until the City enacts a new impact fee study, the City may charge an impact fee only as the court determines would have been appropriate if it had been properly enacted, as provided in Utah Code § 11-36a-703.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The City hereby adopts an administrative appeal procedure to consider and decide challenges to impact fees imposed by the City. Any person or entity that has paid an impact fee to the City may challenge or appeal the impact fee to the City Council by filing written notice of administrative appeal with the City Recorder within 30 days after the day on which the person or entity paid the impact fee. The notice of appeal shall set forth the grounds for the appeal and shall include any applicable filing fees as set forth in the City Fee Schedule. Upon receiving the written notice of appeal, the City Council shall set a hearing date to consider the merits of the challenge or appeal. The person or entity challenging or appealing the fee may appear at the hearing and present any written or oral evidence deemed relevant to the challenge or appeal. Representatives of the City may also appear and present evidence to support the imposition of the impact fee. The City Council shall hold a hearing and make a decision on the appeal within 30 days after the day on which the administrative appeal is filed as required by Utah Code § 11-36a-703. To the extent provided in Utah Code § 11-36a-703, a person or entity is not required to exhaust administrative remedies by filing an administrative appeal with the City before filing an action in district court.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
A person or entity intending to challenge an impact fee under Utah Code § 11-36a-703 shall file a written request for arbitration with the City within the time limitations set forth in Utah Code § 11-36a-702 for the applicable type of challenge. If a person or enity files a written request for arbitration as provided herein, an arbitrator or arbitration panel shall be selected in accordance with the procedures set forth in Utah Code § 11-36a-705. The arbitrator or arbitration panel shall hold a hearing and issue a written decision on the challenge in accordance with the time requirements set forth in Utah Code §11-36-705. Except as otherwise provided in Utah Code § 11-36a-705, the arbitration shall be governed by the Utah Uniform Arbitration Act, as set forth in Utah Code §§ 78B-11-101, et seq.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
In addition to the methods of challenging an impact fee as provided herein, a specified public agency may require the City to participate in mediation of any applicable impact fee in accordance with the provisions of Utah Code § 11-36a-704. To require mediation, the specified public agency shall submit a written request for mediation to the City. The specified public agency may submit a request for mediation under Utah Code § 11-36a-704 at any time, but no later than 30 days after the day on which an impact fee is paid. To the extent required by law, upon the submission of a request for mediation as provided herein, the City shall cooperate with the specified public agency to select a mediator and to participate in the mediation process.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
A person or entity residing in or owning property within any defined impact fee service area, or an organization, association, or a corporation representing the interests of persons or entities owning property within a defined impact fee service area, has standing to file a declaratory judgment action challenging the validity of an impact fee in accordance with and subject to the provisions of Utah Code § 11-36a-701.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
20.07.010 Culinary Water Impact Fee Enactment20.07.020 Culinary Water Impact Facilities Plan20.07.030 Culinary Water Impact Fee Analysis20.07.040 Culinary Water Impact Fee Service Area20.07.050 Culinary Water Impact Fee20.07.060 Conflicts And RepealThe City adopted Ordinance No. 2013-10 enacting the Culinary Water Impact Fee. Except as otherwise provided in CMC 20.07.060 regarding conflicts and repeal, Ordinance No. 2013-10 is hereby adopted in its entirety and incorporated herein by this reference. A copy of Ordinance No. 2013-10 can be accessed at the following link: Ordinance No. 2013-10.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The City adopted the Culinary Water Impact Fee Facilities Plan. Except as otherwise provided in CMC 20.07.060 regarding conflicts and repeal, the Culinary Water Impact Fee Facilities Plan is hereby adopted in its entirety and incorporated herein by this reference. A copy of the Culinary Water Impact Fee Facilities Plan can be accessed at the following link: Culinary Water Impact Fee Facilities Plan.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The City adopted the Culinary Water Impact Fee Analysis. Except as otherwise provided in CMC 20.07.060 regarding conflicts and repeal, the Culinary Water Impact Fee Facilities Plan is hereby adopted in its entirety and incorporated herein by this reference. A copy of the Culinary Water Impact Fee Analysis can be accessed at the following link: Culinary Water Impact Fee Analysis.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The service area for the Culinary Water Impact Fees includes all of the area within the corporate limits and jurisdictional boundaries of Centerville City.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The City Council has previously approved the Culinary Water Impact Fee in accordance with Ordinance No. 2013-10, as more particularly set forth in Section 12.030 (Water Development Impact Fees) of the Centerville Fee Schedule. The City reserves the right to establish or amend the Culinary Water Impact Fee as established in this Title by Resolution enacting or amending the Centerville Fee Schedule. In no event will the Culinary Water Impact Fee set forth in the Centerville Fee Schedule exceed the maximum supportable Culinary Water Impact Fee as set forth in Ordinance No. 2013-10.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
In the event of conflict between the provisions of any of the documents adopted herein by reference and the provisions of this Title, the provisions of this Title shall apply. In the event of conflict between any of the documents adopted herein by reference or the provisions of this Title with the provisions of State law, the provisions of State law shall govern. The procedural, administrative, and statutory provisions set forth in this Title regarding impact fee accounting, reporting, expenditures, refunds, adjustments, credits, waivers, challenges, appeals, definitions, noticing, and enactments hereby repeal and replace any similar provisions set forth in the Culinary Water Impact Fee Enactment, the Culinary Water Impact Fee Facilities Plan, and the Culinary Water Impact Fee Analysis.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
20.08.010 Park Impact Fee Enactment20.08.020 Park Impact Fee Facilities Plan20.08.030 Park Impact Fee Analysis20.08.040 Park Impact Fee Service Area20.08.050 Park Impact Fee20.08.060 Conflicts And RepealThe City adopted Ordinance No. 2018-03 enacting the Park Impact Fee. Except as otherwise provided in CMC 20.08.060 regarding conflicts and repeal, Ordinance No. 2018-03 is hereby adopted in its entirety and incorporated herein by this reference. A copy of Ordinance No. 2018-03 can be accessed at the following link: Ordinance No. 2018-03.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The City adopted the Park Impact Fee Facilities Plan. Except as otherwise provided in CMC 20.08.060 regarding conflicts and repeal, the Park Impact Fee Facilities Plan is hereby adopted in its entirety and incorporated herein by this reference. A copy of the Park Impact Fee Facilities Plan can be accessed at the following link: Park Impact Fee Facilities Plan.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The City adopted the Park Impact Fee Analysis. Except as otherwise provided in CMC 20.08.060 regarding conflicts and repeal, the Park Impact Fee Facilities Plan is hereby adopted in its entirety and incorporated herein by this reference. A copy of the Park Impact Fee Analysis can be accessed at the following link: Park Impact Fee Analysis.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The service area for the Park Impact Fees includes all of the area within the corporate limits and jurisdictional boundaries of Centerville City.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The City Council has previously approved the Park Impact Fee in accordance with Ordinance No. 2018-03, as more particularly set forth in Section 12.010 (Park Impact Fees) of the Centerville Fee Schedule. The City reserves the right to establish or amend the Park Impact Fee as established in this Title by Resolution enacting or amending the Centerville Fee Schedule. In no event will the Park Impact Fee set forth in the Centerville Fee Schedule exceed the maximum supportable Park Impact Fee as set forth in Ordinance No. 2018-03.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
In the event of conflict between the provisions of any of the documents adopted herein by reference and the provisions of this Title, the provisions of this Title shall apply. In the event of conflict between any of the documents adopted herein by reference or the provisions of this Title with the provisions of State law, the provisions of State law shall govern. The procedural, administrative, and statutory provisions set forth in this Title regarding impact fee accounting, reporting, expenditures, refunds, adjustments, credits, waivers, challenges, appeals, definitions, noticing, and enactments hereby repeal and replace any similar provisions set forth in the Park Impact Fee Enactment, the Park Impact Fee Facilities Plan, and the Park Impact Fee Analysis.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
20.09.010 Storm Drain Impact Fee Enactment20.09.020 Storm Drain Impact Facilities Plan20.09.030 Storm Drain Impact Fee Analysis20.09.040 Storm Drain Impact Fee Service Area20.09.050 Storm Drain Impact Fee20.09.060 Conflict And RepealThe City adopted Ordinance No. 2014-13 enacting the Storm Drain Impact Fee. Except as otherwise provided in CMC 20.09.060 regarding conflicts and repeal, Ordinance No. 2014-13 is hereby adopted in its entirety and incorporated herein by this reference. A copy of Ordinance No. 2014-13 can be accessed at the following link: Ordinance No. 2014-13.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The City adopted the Storm Drain Impact Fee Facilities Plan. Except as otherwise provided in CMC 20.09.060 regarding conflicts and repeal, the Storm Drain Impact Fee Facilities Plan is hereby adopted in its entirety and incorporated herein by this reference. A copy of the Storm Drain Impact Fee Facilities Plan can be accessed at the following link: Storm Drain Impact Fee Facilities Plan.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The City adopted the Storm Drain Impact Fee Analysis. Except as otherwise provided in CMC 20.09.060 regarding conflicts and repeal, the Storm Drain Impact Fee Facilities Plan is hereby adopted in its entirety and incorporated herein by this reference. A copy of the Storm Drain Impact Fee Analysis can be accessed at the following link: Storm Drain Impact Fee Analysis.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The service area for the Storm Drain Impact Fees includes all of the area within the corporate limits and jurisdictional boundaries of Centerville City.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
The City Council has previously approved the Storm Drain Impact Fee in accordance with Ordinance No. 2014-13, as more particularly set forth in Section 12.020 (Storm Drain Impact Fees) of the Centerville Fee Schedule. The City reserves the right to establish or amend the Storm Drain Impact Fee as established in this Title by Resolution enacting or amending the Centerville Fee Schedule. In no event will the Storm Drain Impact Fees set forth in the Centerville Fee Schedule exceed the maximum supportable Storm Drain Impact Fee as set forth in Ordinance No. 2014-13.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024
In the event of conflict between the provisions of any of the documents adopted herein by reference and the provisions of this Title, the provisions of this Title shall apply. In the event of conflict between any of the documents adopted herein by reference or the provisions of this Title with the provisions of State law, the provisions of State law shall govern. The procedural, administrative, and statutory provisions set forth in this Title regarding impact fee accounting, reporting, expenditures, refunds, adjustments, credits, waivers, challenges, appeals, definitions, noticing, and enactments hereby repeal and replace any similar provisions set forth in the Storm Drain Impact Fee Enactment, the Storm Drain Impact Fee Facilities Plan, and the Storm Drain Impact Fee Analysis.
HISTORY
Adopted by Ord. 2024-02 on 1/16/2024