HomeMy WebLinkAbout04/28/2016 - Meeting Materials Salt Lake City Code Provisions Related to PUAC
The Public Utilities Advisory Committee (PUAC) is a volunteer citizen
committee that serves as an advisory group for the Salt Lake City Department of Public
Utilities. The Salt Lake City Code provides guidance on the role of the PUAC, how it
should operate, and instances where it serves as a body with decision making authority.
Below are the complete portions of the City Code that are relevant to the PUAC.
The relevant provisions of the City Code are summarized as follows:
A. Chapter 2.07—this Chapter contains general City Code provisions that apply to
all citizen committees (specifically including the PUAC). It contains information
such as the process for appointment, the term of appointment, and election of
board officers.
B. Chapter 2.40—this Chapter is entitled Public Utilities Advisory Committee. It is
specific to the PUAC. It describes the recommended composition of the PUAC
and areas of focus in its advisory role. It also describes instances where the
PUAC serves as a body considering appeals.
C. Section 2.58.040—this Section describes how a public hearing on the disposition
of a significant parcel of real property can be conducted at a PUAC meeting.
D. Section 17.04.030—this Section states that the PUAC shall give
recommendations on water policies, rates and fees, which is approved by the
Department Director.
E. Section 17.08.030—this Section gives the PUAC a role in determining use rates
for facilities in City Creek Canyon.
F. Section 17.16.792—this Section deals with water shortage contingency plans and
provides that three members of the PUAC shall serve on a water appeal panel, if
one is appointed.
G. Section 17.52.090—this Section provides that the PUAC is the final appeal
authority for disputes involving sewer discharge permits.
H. Section 17.64.010 & 020—these Sections provide that the PUAC approves
changes to sewer rate charges.
I. Section 17.72.030—this Section provides that the PUAC reviews service charges
adjustments.
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J. Section 17.81.500—this Section provides that the PUAC is the final appeal
authority for stormwater rate charges.
K. Section 17.95.500—this Section provides that the PUAC is the final appeal
authority for street lighting charges.
L. Section 21A.34.130—this Section provides that the PUAC is the final appeal
authority regarding granting or denial of riparian permits.
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Chapter 2.07
CITY BOARDS AND COMMISSIONS J
2.07.010: PURPOSE:
2.07.020: CITY BOARDS AND COMMISSIONS NAMED:
2.07.030: CONFLICTS OF LAW:
2.07.040: APPOINTMENT:
2.07.050: TERM:
2.07.060: VACANCY:
2.07.070: OATH OF OFFICE:
2.07.080: CONFLICTS OF INTEREST:
2.07.090: REMOVAL FROM OFFICE:
2.07.100: COMPLIANCE WITH OPEN AND PUBLIC MEETINGS ACT:
2.07.110: BOARD MEETINGS:
2.07.120: ELECTION OF BOARD OFFICERS:
2.07.130: COMMITTEES:
2.07.140: QUORUM:
2.07.150: BOARD ACTION:
2.07.160: ATTORNEY AND ENGINEER DUTIES:
2.07.010: PURPOSE: Z 0
The purpose of this chapter is to establish common rules for the city boards,
commissions, councils, and committees enumerated in section 2.07.020 of this chapter
except as otherwise provided by rules set forth in this code applicable to a particular
board. (Ord. 67-13, 2013)
2.07.020: CITY BOARDS AND COMMISSIONS NAMED:
For the purpose of this chapter the term "city board" or "board" means the following city
boards, commissions, councils, and committees:
Airport board
Board of appeals and examiners
Business advisory board
Central business improvement district advisory board
Citizens' compensation advisory committee
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City and county building conservancy and use committee
Community development and capital improvement programs advisory board
Golf enterprise fund advisory board
Historic landmark commission
Housing advisory and appeals board
Housing trust fund advisory board
Human rights commission
Library board
Parks, natural lands, trails, and urban forestry advisory board
Planning commission
Public utilities advisory committee
Salt Lake art design board
Salt Lake City arts council board
Salt Lake City sister cities board
Transportation advisory board (Ord. 63-14, 2014)
2.07.030: CONFLICTS OF LAW: 0
If a provision of this chapter conflicts with a federal, state, or local law applicable to a
particular city board, such law shall supersede the conflicting provision set forth in this
chapter. (Ord. 67-13, 2013)
2.07.040: APPOINTMENT: 0
Appointments of city board members shall be made by the mayor with the advice and
consent of the city council unless otherwise provided by this code or other law regarding
a particular city board. (Ord. 67-13, 2013)
2.07.050: TERM: 0
A. Appointments to a city board shall be made for a four (4) year term, except when:
1. A provision of this code applicable to a particular board specifies a different term; or
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2. An appointment is to fill the unexpired term of a resigning, removed, or deceased board
member, in which case, an appointment shall be for the unexpired term.
B. Board members shall be limited to two (2) consecutive terms or eight (8) years in
office, whichever is greater.
C. A board member whose term has expired may continue to serve until a replacement
board member is appointed. (Ord. 67-13, 2013)
2.07.060: VACANCY: T 0
Vacancies occurring in the membership of a city board shall be filled by appointment by
the mayor with the advice and consent of the council for the unexpired term. (Ord. 67-13,
2013)
2.07.070: OATH OF OFFICE: i 0
If required by state law, board members shall sign the oath of office required by law to
be signed by city officials and file the same in the office of the city recorder. (Ord. 67-13,
2013)
2.07.080: CONFLICTS OF INTEREST: T 0
City board members are subject to the city's conflict of interest ordinance, chapter 2.44
of this title, and the municipal officers' and employees' ethics act, section 10-3-1301 et
seq., Utah Code Annotated, as amended, or its successor. (Ord. 67-13, 2013)
2.07.090: REMOVAL FROM OFFICE: 0
Any city board member may be removed from office by the mayor for cause prior to the
expiration of the term for which the member was appointed. Any member failing to
attend two (2) board meetings without advance notice in one calendar year shall be
subject to forfeiture of membership on the board. (Ord. 67-13, 2013)
2.07.100: COMPLIANCE WITH OPEN AND PUBLIC MEETINGS ACT:
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Every meeting of a city board shall conform with the open and public meetings act, as
set forth in chapter 4, title 52, Utah code or its successor, including, but not limited to,
the requirements for public notice, open meetings, closed meetings, meeting minutes,
chance or social meetings, electronic meetings, and electronic message transmissions.
(Ord. 67-13, 2013)
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2.07.110: BOARD MEETINGS: 1h 0
A. Each city board shall convene regular meetings, the frequency of which shall be
determined by the board except as otherwise provided by rules set forth in this code
applicable to a particular board.
B. Special meetings may be ordered by a majority of the board, the board chair, or the
mayor. (Ord. 67-13, 2013)
2.07.120: ELECTION OF BOARD OFFICERS: 0
Each city board shall select one of its members as chair and another member as vice
chair who shall perform the duties of the chair during the absence or disability of the
chair. (Ord. 67-13, 2013)
2.07.130: COMMITTEES: Z 0
A city board may designate one or more committees to study and make
recommendations on matters within the jurisdiction of the board. Committee members
may be board members but the board may also appoint nonboard members to such
committees. Any committee with nonboard members shall include at least one board
member. (Ord. 67-13, 2013)
2.07.140: QUORUM: 0
A quorum is a majority of members who have been appointed to a particular city board.
(Ord. 67-13, 2013)
2.07.150: BOARD ACTION: 0
A. A city board may hold a meeting and take action only when a quorum is present.
B. When a city board makes a recommendation to the mayor, it shall be submitted at the
same time to the city council. (Ord. 67-13, 2013)
2.07.160: ATTORNEY AND ENGINEER DUTIES: 0
The city attorney and the city engineer, or their designees, shall be the attorney and
engineer, respectively, for any city board. Any legal advice or assistance desired by a
city board shall be obtained only from the office of the city attorney except as otherwise
provided by rules set forth in this code applicable to a particular board. (Ord. 67-13,
2013)
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Chapter 2.40
PUBLIC UTILITIES ADVISORY COMMITTEE - -j
2.40.010: GENERAL PROVISIONS:
2.40.020: DEFINITIONS:
2.40.030: CREATED; COMPOSITION:
2.40.040: APPOINTMENT; TERM:
2.40.050: MEMBERSHIP ELIGIBILITY REQUIREMENTS:
2.40.060: POWERS AND DUTIES:
2.40.010: GENERAL PROVISIONS: = J
The provisions of chapter 2.07 of this title shall apply to the public utilities advisory
committee except as otherwise set forth in this chapter. (Ord. 67-13, 2013)
2.40.020: DEFINITIONS: J
For the purpose of this chapter the following words shall have meaning as given in this
section:
CITY: Means and has reference to Salt Lake City, a municipal corporation of the state of
Utah.
CITY COUNCIL: A duly elected legislative body of the city.
COMMITTEE: The city public utilities advisory committee.
COMMITTEE MEMBER OR MEMBERS: A person or persons appointed by the city
council of the city who is a duly qualified and acting voting member of the committee.
MAYOR: The duly elected or appointed and qualified mayor of the city.
PERSON: An individual. (Ord. 67-13, 2013)
2.40.030: CREATED; COMPOSITION:
There is created the city public utilities advisory committee, hereinafter referred to as
"committee", which body shall consist of nine (9) appointed voting members. The mayor,
the public utilities director and the city attorney shall be ex officio, nonvoting members.
(Ord. 67-13, 2013)
2.40.040: APPOINTMENT; TERM: J
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At least three (3) members, at the time of their appointment, shall reside outside of the
corporate limits of the city; provided, however, their place of residence shall be within the
county and within the service districts supplied by the city water department. Each
member's term of office shall expire on the applicable third Monday in January. (Ord. 67-
13, 2013)
2.40.050: MEMBERSHIP ELIGIBILITY REQUIREMENTS: 0
A person to be eligible to be appointed as a member of the committee shall meet the
following prerequisites:
A. Be not less than twenty one (21) years of age;
B. Be a resident of the state; and
C. No person shall be eligible to serve on the committee as a member while actively
engaged or employed in any commercial activity which sells goods or services
directly to the public utilities of the city. (Ord. 67-13, 2013)
2.40.060: POWERS AND DUTIES: 0
The committee shall have the following powers and duties:
A. Annually review the department's water and sewer system capital improvements
program;
B. Review annually the department's operations and maintenance budget and
expenditures;
C. Annually review the water and sewer revenue requirements and recommend to the
mayor any rate adjustments as they deem necessary;
D. Review and make recommendations on proposed legislation relating to water and
sewer;
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E. Consult with the mayor relative to water resources and sewage reclamation
requirements;
F. Determine and establish such rules and regulations for the conduct of the committee
as the members shall deem advisable; provided, however, that such rules and
regulations shall not be in conflict with this chapter or any other city, state or federal
law;
G. Adopt and alter all rules and regulations which it shall from time to time deem in the
public interest and most likely to advance, enhance, foster and promote the public
utility systems of the city and for the purposes of carrying out the objects of this
chapter; but such rules and regulations shall not be in conflict with the terms of this
chapter or any other city ordinance, state or federal law;
H. Assist the public utilities director in every way possible for the continuing orderly
development and operation of the public utility systems of the city in order to best
serve the users thereof;
I. Hear and decide appeals arising from decisions granting or denying:
1. A riparian protection permit as provided in subsection 21A.34.130B of this code; and
2. A wastewater discharge permit as provided in subsection 17.52.090F of this code;
J. Hear and decide appeals arising from decisions to imposing a fee for:
1. Stormwater charges as provided in subsection 17.81.500D of this code; and
2. Street lighting charges as provided in subsection 17.95.500D of this code. (Ord. 67-13,
2013)
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Chapter 2.58
CITY OWNED REAL PROPERTY J
2.58.010: SURPLUS REAL PROPERTY; IDENTIFICATION AND
REPORTING REQUIREMENTS:
2.58.020: SURPLUS REAL PROPERTY; METHODS OF DISPOSITION:
2.58.030: CONVEYANCE FOR VALUE:
2.58.035: SIGNIFICANT PARCEL OF REAL PROPERTY:
2.58.037: APPLICATION REQUIREMENTS:
2.58.040: SALE OF SIGNIFICANT PARCELS OF REAL PROPERTY;
NOTICE AND HEARING:
2.58.050: VALIDITY OF ACTIONS:
2.58.060: DISPOSITION OF PROCEEDS:
2.58.040: SALE OF SIGNIFICANT PARCELS OF REAL PROPERTY;
NOTICE AND HEARING: Qt 0
A. A significant parcel of real property owned by the city or any significant legal interest
therein shall not be sold, traded, leased or otherwise conveyed or encumbered until
the city has provided reasonable notice to all interested parties and held at least one
public hearing on the proposed conveyance as set forth herein.
B. Reasonable notice of the proposed conveyance shall include the following:
1. Notice of the proposed conveyance shall be mailed to all abutting property owners.
2. Notice of the proposed conveyance shall be delivered to the office of the city council,
posted in the office of the city recorder, delivered to a local media representative, and
posted on the city's website.
C. No significant parcel of city owned real property identified in section 2.58.035,
including table 2.58.035D, of this chapter may be conveyed until after a public
hearing has been held before one or more of the following as may be applicable: the
planning commission, the airport board, the public utilities advisory committee, the
golf enterprise fund advisory board, or the parks, natural lands, trails, and urban
forestry advisory board.
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D. In addition to the public hearing required above, the city council may also request a
public hearing before the conveyance of the property. Any request for a hearing
before the city council must be delivered to the office of the mayor no less than
fifteen (15) days after delivery of the notice to the office of the city council pursuant to
subsection B2 of this section. If no request for a hearing is made within that time
period, the city council shall be deemed to have waived any right to request a
hearing.
If a written call for hearing has been made by the city council, the mayor or his or her
designee shall attend the hearing to hear and consider comments upon proposals to
convey the property specified in the notice. The hearing shall take place before, after
or in conjunction with a regularly scheduled city council meeting, as determined by
the mayor.
E. Any notice of a proposed conveyance of a significant parcel of city owned real
property shall specify the following:
1. A description of the property to be conveyed or encumbered;
2. The nature of the proposed conveyance or encumbrance, whether the property is to be
sold, traded or encumbered, including the nature of the conveyance if the property is to
be sold, or if a trade or lease of property is contemplated, a brief summary of the
proposed transaction;
3. Persons to whom interests are to be conveyed;
4. Any consideration tendered;
5. The name of the person, department or entity requesting such action;
6. The basis upon which the value of the interest has been determined by the city;
7. The date, time and location of the public hearing to be held before the planning
commission, airport board, public utilities advisory committee, golf enterprise fund
advisory board, or parks, natural lands, trails, and urban forestry advisory board, as
applicable. The notice shall further state that interested persons may appear and
comment upon the proposal.
F. The conveyance or encumbrance of a significant parcel of real property of the city
may be finalized:
1. By the mayor, at his/her discretion following notice and any public hearings required by
this section; or
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2. By the mayor, if the transfer is revocable and the mayor has determined that an
unanticipated combination of facts and conditions of pressing necessity has emerged
that requires that action be taken before a city council hearing. Such conditions shall not
be deemed to arise unless it appears that delay from the notice or a city council hearing
would produce:
a. Great or irreparable injury to persons seeking the conveyance or encumbrance, with
negligible impact upon city interests;
b. Serious detriment to the social or economic interest of the community as whole; or
3. Substantial economic loss to the city.
G. Any decision by the mayor to forego the city council hearing provisions of this section
shall be made in writing to the city council, stating the specific reasons upon which
the decision was based.
H. The following shall be exempt from the mandatory procedures of this section:
1. The leasing of existing buildings, infrastructure, or facilities;
2. Special events lasting less than twenty one (21) days;
3. The leasing of recreation areas in accordance with their intended use;
4. The selling of burial rights in the Salt Lake City Cemetery; and
5. The granting of easements or other rights that service the property, including grants in
connection with utilities or safety equipment such as traffic signal poles. Any such
easement or use right must be primarily for the benefit of the city. With respect to open
space land under chapter 2.90 of this title, such easement or use right may be granted
only with the approval of the city's open space lands manager. (Ord. 50-15, 2015)
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Article I. General Provisions And Permits It m
17.04.010: Definitions
17.04.020: Preamble; Permit; Required For Water Use; Conditions
17.04.030: Charges For Use Of Water
17.04.040: Permit; Rights Permissive Only
17.04.050: Easements And Service Connections
17.04.060: Permit; Revocation Conditions
17.04.065: Exchange Of Water Rights
17.04.030: CHARGES FOR USE OF WATER: J
The policies, rates or fees for sale of surplus water in the watershed area shall be
recommended by the city's public utilities advisory committee and approved by the
director of public utilities. All said policies, rates or fees are subject to review and
approval of the city mayor and council. Such rates shall not exceed the city's special
county water rates. (Ord. 50-93 § 1, 1993)
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Chapter 17.08
CITY CREEK CANYON Y
17.08.010: RULES AND REGULATIONS:
17.08.020: RESERVATION AND FEE PAYMENT REQUIRED:
17.08.030: PICNIC FACILITIES; RESERVATION FEES:
17.08.040: DRIVING RESTRICTIONS:
17.08.050: ANIMALS:
17.08.060: BREAKING GLASS PROHIBITED:
17.08.070: CAMPING PROHIBITED:
17.08.080: FIRES PROHIBITED; EXCEPTION:
17.08.090: FIREARM DISCHARGE RESTRICTIONS:
17.08.100: VEGETATION, TREES AND SHRUBBERY; PERMIT
REQUIRED FOR REMOVAL:
17.08.110: NUISANCES PROHIBITED:
17.08.030: PICNIC FACILITIES; RESERVATION FEES: J
Any person or group desiring to reserve picnic facilities shall pay the fee shown on the
Salt Lake City consolidated fee schedule for the use of such facilities as determined by
the public utilities advisory committee and approved by the director. (Ord. 24-11, 2011)
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Article IX. Rates And Payments
17.16.640: Changes To Regulations And Rates
17.16.650: Special Or Temporary Rates
17.16.660: Payments Required Before Service Turned On
17.16.670: Minimum Charges
17.16.680: Meter Rates
17.16.685: Urban Vegetable Garden Adjustment Program
17.16.690: Average Rate Charged When Meter Fails
17.16.700: Billing Period
17.16.710: Duty To Pay Unaffected By Deposit
17.16.720: Deposit; Application To Unpaid Bills When
17.16.730: Deposit; Certificate; Refunds
17.16.740: Abatement For Nonuse Of Water; Conditions
17.16.750: Using Water Without Payment Prohibited
17.16.760: Nonpayment; Required Turnoff Conditions
17.16.770: Inspection; Access To Premises By City Officers
17.16.780: Water Turnoff Authority; Restoration Of Service
17.16.790: Delinquent Payment; Penalty
17.16.792: Water Shortage Contingency Plan; Civil Fines
17.16.792: WATER SHORTAGE CONTINGENCY PLAN; CIVIL FINES:
A. Any customer of the city's municipal and industrial water system found to be in
violation of any mandatory water use restriction in effect from time to time under the
water shortage contingency plan established under section 17.16.092 of this chapter,
shall be subject to the following maximum civil fines:
First violation 1$ 100 .00
rSecond violation 1250 .00
Third violation 1500 .00
Fourth violation and thereafter 1,000 .00
The violation level shall be based on violation history for the preceding twelve (12)
months. A civil fine for a customer's first violation shall be imposed only after the
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issuance of a written warning to such customer. Any civil fine based on a violation
susceptible to corrective action shall be imposed only after failure by the customer to
take such corrective action within a reasonable period of time, as determined by the
director, taking into account the nature of the action needed and the anticipated cost.
"Customer", for purposes of this section and section 17.16.092 of this chapter, shall
mean and include any person responsible, whether by ordinance or by contract
between the city and such person, to pay the water charges on any account for use
of water from the city's municipal and industrial water treatment and distribution
system, whether the location at which such water is used is situated within or outside
of the corporate limits of the city. It is the intent of the city that compliance with the
provisions of section 17.16.092 of this chapter, as enforced pursuant to this section,
by customers situated outside of the corporate limits of the city, shall be a contractual
condition of continued water service.
B. Any customer subject to a civil fine under this section shall be notified by the director,
in writing, of the date, nature, and circumstances of the violation, which notification
shall be delivered by posting such notice at a conspicuous location on the property,
and by mailing notice, by certified mail, no more than fifteen (15) calendar days after
the date of occurrence of the violation. The notice shall advise the customer of
his/her right to protest the fine to a hearing officer, which shall be the director or his
or her designee, within ten (10) business days after receipt of the notice. The hearing
officer shall have the authority to adjust the fine to take into account any extenuating
circumstances. Any determination by the hearing officer may be appealed to a three
(3) member water shortage appeals panel. The city council shall designate three (3)
members of the public utilities advisory committee to serve on the panel; provided,
however, that the director may designate other members of the PUAC to serve as
alternates as needed. All decisions of the water shortage appeals panel shall be
final.
C. All fines collected pursuant to this section shall be set aside in a segregated fund
within the public utilities enterprise fund, and used exclusively for paying all or a
portion of the costs and expenses incurred by the city in connection with the
implementation and administration of the plan and other elements of the city's water
conservation program. (Ord. 50-03 § 2, 2003)
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Chapter 17.52
WASTEWATER DISCHARGE PERMITS J
17.52.010: PERMIT REQUIREMENT:
17.52.020: PERMIT; PERMITTING PROCEDURES:
17.52.030: PERMIT; APPLICATION CONTENTS:
17.52.040: ZERO PROCESS WASTEWATER DISCHARGE PERMIT:
17.52.050: APPLICATION SIGNATORIES AND CERTIFICATIONS:
17.52.060: PERMIT; DECISIONS:
17.52.070: PERMIT; DURATION:
17.52.080: PERMIT; CONTENTS:
17.52.090: PERMIT; ISSUANCE APPEAL PROCESS:
17.52.100: PERMIT; MODIFICATIONS AND REVISIONS:
17.52.110: PERMIT; TRANSFER:
17.52.120: PERMIT; SUSPENSION AND REVOCATION:
17.52.130: PERMIT; REISSUANCE:
17.52.140: SPECIAL AGREEMENTS AND CONTRACTS:
17.52.150: REGULATION OF WASTE RECEIVED FROM OTHER
JURISDICTIONS:
17.52.160: REPORTING REQUIREMENTS:
17.52.170: ANALYTICAL REQUIREMENTS:
17.52.180: SAMPLE COLLECTION:
17.52.190: DATE OF RECEIPT OF REPORTS:
17.52.200: RECORDKEEPING:
17.52.210: CERTIFICATION STATEMENTS:
17.52.220: MONITORING FACILITIES FOR INDUSTRIAL USERS:
17.52.230: RIGHT OF ENTRY; INSPECTION AND SAMPLING:
17.52.240: SEARCH WARRANT:
17.52.250: CONFIDENTIAL INFORMATION AND TRADE SECRETS:
17.52.260: PUBLICATION OF USERS IN SIGNIFICANT
NONCOMPLIANCE:
17.52.270: FEES:
17.52.090: PERMIT; ISSUANCE APPEAL PROCESS: = J
Upon issuance of the wastewater discharge permit, any person including the applicant
shall have forty five (45) days to file in writing objections to any term or condition of the
permit and:
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A. If no objections are received by the city within this time, the permit is deemed to be
accepted.
B. In its objection, the appealing party must indicate the individual wastewater discharge
permit provisions objected to, the reasons for this objection, and the alternative
condition, if any, it seeks to place in the individual wastewater discharge permit
sections.
C. If a timely objection is filed and agreement cannot be reached with the POTW, the
POTW may submit to the director the proposed permit conditions and the written
objections thereto.
D. The effectiveness of the individual wastewater discharge permit shall not be stayed
pending the appeal.
E. The director shall establish such special permit conditions as he or she deems
advisable to ensure the applicant's compliance with this division or applicable law or
regulation, and direct the POTW to issue a wastewater discharge permit accordingly.
F. Appeals of decisions made by the director may be brought before the public utilities
advisory committee (PUAC), which may reevaluate the issues raised on appeal.
Decisions of the PUAC shall be considered final administrative actions for purposes
of judicial review.
G. Decisions by the PUAC not to reconsider an individual wastewater discharge permit,
not to issue an individual wastewater discharge permit, or not to modify an individual
wastewater discharge permit shall also be considered final administrative actions for
purposes of judicial review; if a decision is not made by the PUAC within ninety (90)
days of receipt of a written request, such request will be deemed denied.
H. Aggrieved parties seeking judicial review of the final administrative individual
wastewater discharge permit decision must do so by filing a complaint with the state
of Utah third district court within thirty (30) days of the date of final action. (Ord. 68-
11, 2011)
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Chapter 17.64
FEES AND CHARGES J
17.64.010: PAYMENT RESPONSIBILITY; BASIS AND PURPOSE OF
CHARGES:
17.64.020: FEES AND CHARGES; SCHEDULE 1 :
17.64.030: CLASSIFICATION OF USERS:
17.64.040: AUTHORITY TO ADOPT FEES:
17.64.050: ANNUAL REVIEW OF EACH USER'S SERVICE CHARGE
(REP. BY ORD. 72-98 § 12, 1998):
17.64.060: ANNUAL NOTIFICATION OF RATES AND CHARGES:
17.64.070: COMBINATION BILLINGS:
17.64.080: CHARGES FOR DISCONTINUING OR RESTORING
SERVICES:
17.64.090: TOXIC POLLUTANTS OR DAMAGE TO FACILITIES;
PAYMENT OF COSTS:
17.64.100: RESPONSIBILITY FOR CHARGES:
17.64.110: BILLING PROCEDURES AND RATES:
17.64.120: COLLECTION OF COSTS; PARTIAL PAYMENTS:
17.64.130: DELINQUENT PAYMENTS; RECOVERY BY CIVIL ACTION;
SERVICE TERMINATION:
17.64.140: DELINQUENT PAYMENTS; TAX LIEN AUTHORITY:
17.64.150: RESTORATION OF SERVICE; CONDITIONS:
17.64.010: PAYMENT RESPONSIBILITY; BASIS AND PURPOSE OF
CHARGES: = J
A. Each user shall pay all fees and charges required by the POTW. Appropriate
surcharges will be imposed. It is the purpose of this chapter to provide for the
payment of all POTW costs, maintenance and operation from the users. The total
annual cost of equipment replacement, maintenance, necessary modifications,
power, sampling, laboratory tests, and a reasonable contingency fund. The charges
will be based upon the quality and quantity of user's wastewater, and also upon the
POTW's capital and operating costs to intercept, treat and dispose of wastewater.
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B. The applicable charges shall be set forth in a schedule of rates for the POTW. The
schedule of rates and charges shall be adjusted from time to time by the POTW,
which shall be prior approved by the city public utilities advisory board and council to
equitably apportion such costs among the users of the POTW. (Ord. 36-93 § 10,
1993: prior code § 37-6-1)
17.64.020: FEES AND CHARGES; SCHEDULE 1 : Z 0
A. The POTW's fees and charges are set forth on the Salt Lake City consolidated fee
schedule which may be amended from time to time.
B. When recommended by the city's director of public utilities and approved by the public
utilities advisory committee, the director may waive sewer connection fees in an
amount equal to the city's water reservoir fee for service within the city only to
subsidized elderly, homeless or underprivileged housing where said housing is being
provided by and a waiver is applied therefor by the federal, Utah state, city, county
governments or their agencies and nonprofit corporations. (Ord. 24-11, 2011)
20
Chapter 17.72
SCHEDULES o
17.72.010: SCHEDULE 1; TOXICS; NONEXCLUSIVE (REP. BY ORD.
72-98 § 18, 1998):
17.72.020: SCHEDULE 2; LOCAL LIMITS (REP. BY ORD. 72-98 § 19,
1998):
17.72.030: SCHEDULE 1; RATES AND FEES:
17.72.010: SCHEDULE 1; TOXICS; NONEXCLUSIVE: 0
(Rep. by Ord. 72-98 § 18, 1998)
17.72.020: SCHEDULE 2; LOCAL LIMITS: 0
(Rep. by Ord. 72-98 § 19, 1998)
17.72.030: SCHEDULE 1; RATES AND FEES: 0
A. Purpose: For the purpose of defraying the cost of construction, reconstruction,
maintenance and operation of the city sewer system, there are hereby imposed the
charges shown on the Salt Lake City consolidated fee schedule upon all persons and
premises receiving sewer collection and treatment services.
B. Definitions:
CUSTOMER CLASS: The classification or classifications applicable to each customer of
the sewer system for purposes of calculating such customer's service charge under this
chapter, based on the applicable range of the strength of such customer's waste
discharge, as measured by BOD and TSS, as follows:
Customer
Class BOD (mg/1) TSS (mg/1)
1 <300 <300
2 300 - 600 300 - 600
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3 601 - 900 601 - 900
4 901 - 1,200 901 - 1,200
5 1,201 - 1,500 1,201 - 1,500
6 1,501 - 1,800 1,501 - 1,800
7 >1,800 >1,800
More than one class may apply to a customer at the same time. For example, a
customer may be in class 2 for BOD, and in class 4 for TSS. The director shall assign
class designations to customers based upon the nature of the facility owned or operated
by the customer, and estimates based on sample measurements taken from similar
facilities. Any customer may, at its expense, demonstrate that actual BOD or TSS
discharges differ from the director's estimates, and the director shall assign such
customer to a different class or classes, accordingly. Such actual measurements shall
be conducted in accordance with procedures established by the director.
DUPLEX: A single building containing two (2) independent dwelling units.
DWELLING UNIT: A building or other structure or portion thereof, in which: 1) an
individual resides as a separate housekeeping unit, or 2) a collective body of persons
(doing their own cooking) resides as a separate housekeeping unit in a domestic bond
based upon birth, marriage, domestic employment or other family relationship, as
distinguished from a boarding house, lodging house, club, fraternity, motel or hotel.
MULTIPLE DWELLING: Any building or other structure, having four (4) or more dwelling
units therein, including a mobile home park.
SERVICE CHARGE: The charge for sewer collection and treatment services levied on
all users of the public sewer system, as calculated pursuant to this chapter.
SERVICE TO MULTIPLE BUILDINGS: Sewer service to multiple buildings shall be
governed the same as section 17.16.200 of this title.
SINGLE DWELLING UNIT: A building containing one dwelling unit.
TRIPLEX: A single building containing three (3) independent dwelling units.
C. Sewer Charges:
1. a. Each sewer customer in classes 1 to 6 shall be charged a monthly service charge
equal to the greater of: 1) the cumulative flow rate, BOD rate and TSS rate per one
hundred (100) cubic feet of metered water usage during the winter period, as shown on
the Salt Lake City consolidated fee schedule, or 2) a minimum charge shown on the Salt
Lake City consolidated fee schedule. The average monthly water meter readings during
the consecutive months of November, December, January, February and March
(hereinafter "winter months"), shall be the basis for sewer billings for the twelve (12)
22
month period beginning July 1 and ending June 30, immediately following such winter
months.
b. Each customer in class 7 and all other classes that are monitored separately shall be
charged a monthly service charge based on actual discharge strength. The flow
component will be charged at a rate shown on the Salt Lake City consolidated fee
schedule per one hundred (100) cubic feet of metered water used during the billing
period. The charges for COD, BOD and TSS will be billed on actual pounds of discharge
as shown on the Salt Lake City consolidated fee schedule.
Either a BOD or COD charge will be assessed, but not both. When there is an
unexplained difference between the two (2) test results of COD and BOD the higher of
the two will be used. Nothing in this section shall authorize discharges in excess of the
maximum local limit concentrations established by the director pursuant to section
17.36.090 of this title.
c. In cases where little or no water is used during one or more of the winter months, such
that the average metered usage during such winter months cannot be reasonably
assumed to reflect typical monthly usage for an account, the director may use other
consumptive information specific to such account to determine average monthly
minimum usage for sewer billing purposes.
d. Meter readings for sewer billing purposes shall only include meters which measure water
entering the sewer system.
e. In the case of sewer users whose water usage is based in whole or in part on water
sources other than the city, the city may require installation of a city approved meter, at
the sewer user's expense, on the well(s) or other sources of water supply, for
measurement by the city during the winter months to determine the sewer user's water
use during the winter months.
f. For each single-family dwelling sewer user using water other than city water and desiring
not to install a water meter as provided above, the director may waive the meter
requirement, in which event the user will be charged for sewer service as provided in
subsection E of this section.
D. Metering Of Sewage Flows:
1. Meters will be allowed in sewer lines when the user is permitted or required by the
director to have the sewage flow subject to the following requirements:
a. The charges for sewer service will be based upon the actual sewer meter readings
rather than upon the average of said winter readings.
b. The user will furnish, install and maintain at user's expense a meter pursuant to the city's
standards and specifications.
E. New Sewer Accounts:
23
1. For new sewer accounts, until the data required by subsection C1a of this section is
available the monthly sewer rates shall be as shown on the Salt Lake City consolidated
fee schedule.
a. For class 7 customers, new accounts shall be treated in the same manner as
established accounts under subsection C1 b of this section.
F. Service Charge Adjustment:
1. The director may provide for adjustments as needed to ensure equitable service
charges. Such adjustments may be made where excessive quantities of culinary water
pass through the water meter, but are consumed on the premises and do not enter the
sewer system. In each such instance, the user will have the burden of providing
evidence of such inequities by showing that the quantity of water not entering the sewer,
but passing through the meter, exceeds twenty percent (20%) of the total flow in order to
merit such consideration by the director. Each such adjustment proposed to be made by
the director shall first be presented to the public utilities advisory committee for review
and recommendation, following which review and recommendation the director shall
make a final determination.
2. Additionally, the director may make adjustments under the following conditions due to
faulty inside plumbing. All adjustments will be determined by prior usage. When the
charge is not based on preceding usage and has not been established on winter
average the charge will be determined as outlined in this section or its successor.
a. When defective plumbing has caused the average winter water consumption to exceed
the previous year's average by twenty five percent (25%) or more, there may be an
adjustment made based on prior usage. The customer must provide to the director
evidence that plumbing repairs were made within thirty (30) days of notification from the
city. Such evidence may be in the form of a statement detailing the repairs made and the
date of completion. The adjustment shall be made following the determination by the
director that the repairs have resulted in decreased water consumption.
b. In the event of a customer's unexplainable large increase in water consumption during
the months of November through March of any year, the director may make adjustments
to any account when there has been a twenty five percent (25%) increase or more in
usage during the winter months. Any adjustment may be made only after an in depth
review of the account has been completed, and based solely on the merits of each
individual request, and the circumstances surrounding the request.
c. The director may make adjustments to the account of a single-family residence, if the
user or a user's tenant who has also signed the agreement for water service has
temporary additional (2 or more) people living at the residence during all or part of the
"winter meter readings" period and it has caused the average winter water consumption
to exceed the previous year's average by twenty five percent (25%) or more. Such
adjustment may be made by using the following guidelines:
(1) For one month or less, no adjustment will be allowed;
24
(2) For more than one month to twelve (12) months, the charge will be based on the new
average winter water use for the number of months said additional people were in the
residence;
(3) For all months following the period when said additional people are not in the residence,
the charge will be based upon the previous year's established average use, or the fee
shall be as outlined in subsection F2d of this section, or its successor subsection.
d. All adjustments will be determined by the sewer charge of the preceding year. When the
charge for the preceding year is not established on winter average, the charge will be
determined as outlined in subsection F2c of this section, or its successor subsection.
G. Sewer Service Fees: The director shall charge and the city shall collect the fees
shown on the Salt Lake City consolidated fee schedule.
1. Special industrial and commercial uses, including car washes, Laundromats, etc., as
determined by the city's public utilities director, shall be charged the fee shown on the
Salt Lake City consolidated fee schedule per equivalent fixture unit, as specified in the
uniform plumbing code.
2. Connection fees on property with prior development:
a. When a residential building is demolished and the existing lateral is used for the same
property, there is no new sewer connection fee for the property when residential use or
building type is same as prior to demolition. After five (5) years from date of demolition
no credit will be given for prior sewer connection fees. After five (5) years from
demolition the property owner will be required to pay all connection fees.
b. When a commercial building such as a hotel, motel, industrial building, etc., is
demolished the sewer fee shall be based and charged on new additional use pursuant to
the applicable fee shown on the Salt Lake City consolidated fee schedule. After five (5)
years from date of demolition no credit will be given for prior sewer connection fees.
After five (5) years from demolition the property owner will be required to pay all
connection fees required by the city.
3. Temporary sewer connections may only be made by approval of the director. Temporary
connections cannot exceed twenty four (24) months. The fee for each temporary
connection shall be shown on the Salt Lake City consolidated fee schedule. All other
applicable fees will be effective for temporary connections. (Ord. 24-11, 2011)
25
Chapter 17.81
STORMWATER SEWER UTILITY
ESTABLISHMENT AND FUNDING o
17.81.100: ESTABLISHMENT OF STORMWATER SEWER UTILITY AND
ADMINISTRATION OF STORMWATER SEWER FACILITIES:
17.81.200: SYSTEM OF RATES AND CHARGES:
17.81.300: BILLING AND COLLECTION:
17.81.400: STORMWATER IMPACT FEE:
17.81.500: APPEAL OF CHARGES:
17.81.500: APPEAL OF CHARGES: 0
A. Those single-family and duplex parcels larger than 0.25 gross acre, but having less
than three thousand (3,000) square feet of impervious surface, may request a
reduction of the charge to the tier 1 level.
B. Any owner or person who considers the city's stormwater charge as applied to a
parcel owned by such person to be inaccurate, or who otherwise disagrees with the
utility rate determination, may apply to the director for a service charge adjustment.
Such a request shall be in writing and state the grounds for such an appeal. The
director shall review the case file and determine whether an error was made in the
calculation or application of the charge and make an adjustment to the charge, if
necessary, to provide for proper application of the city's rates and charges pursuant
hereto. In all cases, the decision of the director shall be final unless appealed.
C. Any appeal of the amount billed under this chapter shall be filed in writing with the
director no later than twenty (20) days after the billing. Any subsequent appeal shall
be brought within twenty (20) days after the date of the appealed decision.
D. Appeal of decisions made by the director may be brought before the public utilities
advisory committee (PUAC), which may reevaluate the issue raised in the appeal.
Decisions of the PUAC shall be final and conclusive.
E. Nothing in this chapter shall be construed to grant a right to judicial review which does
not otherwise exist at law. (Ord. 40-11, 2011: Ord. 24-11, 2011)
26
STREET LIGHTING Z o
17.95.100: TERMS DEFINED:
17.95.200: ESTABLISHMENT OF STREET LIGHTING UTILITY AND
ADMINISTRATION OF STREET LIGHTING FACILITIES:
17.95.300: SYSTEM OF RATES AND CHARGES:
17.95.400: BILLING AND COLLECTION:
17.95.500: APPEAL OF CHARGES:
17.95.500: APPEAL OF CHARGES: T 0
A. Owners of an undeveloped parcel may appeal the charge in writing to the director for
a determination of the appropriate street lighting charge.
B. Any owner or person who considers the city's street lighting charge as applied to a
parcel owned by such person to be inaccurate, or who otherwise disagrees with the
utility rate determination, may apply to the director for a service charge adjustment.
Such a request shall be in writing and state the grounds for such an appeal. The
director shall review the case file and determine whether an error was made in the
calculation or application of the charge and make an adjustment to the charge, if
necessary, to provide for proper application of the city's rates and charges pursuant
hereto. In all cases, the decision of the director shall be final unless appealed.
C. Any appeal of the amount billed under this chapter shall be filed in writing with the
director no later than twenty (20) days after the billing. Any subsequent appeal shall
be brought within twenty (20) days after the date of the appealed decision.
D. Appeal of decisions made by the director may be brought before the public utilities
advisory committee (PUAC), which may reevaluate the issue raised in the appeal.
Decisions of the PUAC shall be final and conclusive.
E. Nothing in this chapter shall be construed to grant a right to judicial review which does
not otherwise exist at law.
27
Chapter 21 A.34
OVERLAY DISTRICTS J
21A.34.010: GENERAL PROVISIONS:
21A.34.020: H HISTORIC PRESERVATION OVERLAY DISTRICT:
21A.34.030: T TRANSITIONAL OVERLAY DISTRICT:
21A.34.040: AFPP AIRPORT FLIGHT PATH PROTECTION OVERLAY
DISTRICT:
21A.34.050: LC LOWLAND CONSERVANCY OVERLAY DISTRICT:
21A.34.060: GROUNDWATER SOURCE PROTECTION OVERLAY
DISTRICT:
21A.34.070: LO LANDFILL OVERLAY DISTRICT:
21A.34.080: CHPA CAPITOL HILL PROTECTIVE AREA OVERLAY
DISTRICT:
21A.34.090: SSSC SOUTH STATE STREET CORRIDOR OVERLAY
DISTRICT:
21A.34.100: M-11-1 LIGHT MANUFACTURING HEIGHT OVERLAY
DISTRICT:
21A.34.110: DMSC DOWNTOWN MAIN STREET CORE OVERLAY
DISTRICT:
21A.34.120: YCI YALECREST COMPATIBLE INFILL OVERLAY
DISTRICT:
21A.34.130: RCO RIPARIAN CORRIDOR OVERLAY DISTRICT:
21A.34.130: RCO RIPARIAN CORRIDOR OVERLAY DISTRICT :
A. General Provisions:
1. Purpose Statement: The purpose of the RCO riparian corridor overlay district is to
minimize erosion and stabilize stream banks, improve water quality, preserve fish and
wildlife habitat, moderate stream temperatures, reduce potential for flood damage, as
well as preserve the natural aesthetic value of streams and wetland areas of the city.
This overlay district is intended to provide protection for the following aboveground
streams, stream corridors and associated wetlands east of the Interstate 215 Highway:
City Creek, Red Butte Creek, Emigration Creek, Parleys Creek, and Jordan River.
Where these streams flow through areas already developed on the effective date of this
section (January 15, 2008), the RCO is intended to achieve a reasonable balance
between the dual nature of these areas: natural streams and developed land uses.
2. District Location: The RCO district applies to that portion of any lot or parcel of land
located between the annual high water level (AHWL) of City Creek, Red Butte Creek,
28
Emigration Creek, Parleys Creek and the Jordan River, where not located belowground,
and a line which is one hundred feet (100') along a horizontal plane from the AHWL. The
RCO district does not apply to any lot or parcel where a stream, with respect to such lot
or parcel, is located entirely belowground in a pipe or covered channel.
3. Applicability: The RCO district regulations set forth in this section supplement regulations
in the underlying base zoning district. RCO regulations shall govern any use or
development conducted within the RCO district unless specifically exempted under the
provisions of this section or another provision of this title.
a. An RCO permit is supplementary to any land use permit authorized under this title.
b. Canals and irrigation ditches are not subject to this section.
c. The surplus canal and watercourses west of Interstate 215 are regulated under section
21A.34.050, "LC Lowland Conservancy Overlay District", of this chapter and are not
subject to this section.
4. Relationship To Other Laws: The requirements of the RCO district shall apply in addition
to any other applicable federal, state, county, or city law or regulation.
a. Any use or development within the RCO district shall conform to applicable provisions of
title 20, "Subdivisions And Condominiums", of this code and this title. Compliance with
the requirements of this section shall not relieve a landowner from compliance with other
applicable provisions of this title except as expressly otherwise set forth in this section.
b. If a landowner obtains a permit for a use or development located within the RCO district
that is entirely within the jurisdiction of a federal or state government agency or Salt Lake
County, then the landowner shall also apply for a riparian protection permit. If the
relevant federal, state, or county agency approves the use or development as in
compliance with the agency's requirements, then the city shall issue the riparian
protection permit subject to compliance with the federal, state, or county approval and
shall not independently review the use or development for compliance with this section.
c. If any portion of a proposed use or development is outside the jurisdiction of a federal,
state, or county agency, then the applicant shall comply with the provisions of this
section and shall obtain a riparian protection permit if required under the provisions of
this section.
d. Salt Lake County shall not be required to obtain a riparian protection permit for any
county flood control activity authorized by the Utah code within or along a stream in the
RCO district. However, Salt Lake County shall obtain a riparian protection permit for any
stream restoration and non-flood control development or other use conducted by the
county which is located within the RCO district.
e. Any person who leases federal or state land, or any appurtenant structure or building
located within the RCO district shall obtain a riparian protection permit if required under
the provisions of this section.
29
f. A city department or agency that conducts a use or development within the RCO district
shall follow the requirements of this section and obtain a riparian protection permit if
required for such use or development.
g. The department of public utilities shall develop general permits as needed to address
routine channel maintenance, possible emergency situations, and similar activities.
These general permits shall provide how a particular use or development shall be
conducted to avoid adverse stream corridor impacts and shall include required mitigation
and restoration measures consistent with the provisions of this section. The process for
reviewing and approving a general permit application shall be the same for a public or
private person or entity.
B. Decision Making Authority:
1. Public Utilities Director: The public utilities director shall be responsible for implementing
and administering the provisions of this section. The public utilities director:
a. May authorize a minor exemption and reasonable use exception to the provisions of this
section as set forth, respectively, in subsections C5 and C6 of this section;
b. May render an administrative interpretation of any provision in this section pursuant to
the procedures set forth in chapter 21A.12 of this title;
c. May not make any decision involving land use, zoning, subdivision, legal conformity in a
zoning district, historic preservation, restoration, rehabilitation, or demolition of any
structure except as expressly set forth in this section;
d. Shall expedite the permit review process if an applicant reasonably demonstrates
imminent danger to individuals or property is associated with the subject land;
e. May adopt reasonable regulations, including approval of general permits, to implement
the provisions of this section; and
f. May designate one or more staff persons within the department to carry out these
responsibilities. Wherever this section refers to the director, such reference shall also
include the director's designee.
2. Public Utilities Advisory Committee: Pursuant to the authority granted in subsection
2.40.0601 of this code, the public utility advisory committee shall hear and decide any
appeal arising from a final decision granting or denying a riparian protection permit
pursuant to procedures set forth in chapter 21A.16 of this title.
3. Appeal Of Decision: Any person adversely affected by any decision of the public utilities
advisory committee may, within thirty (30) days after the decision is made, present to the
district court a petition specifying the grounds on which the person was adversely
affected.
30
C. Review Process And Procedures: An application for a riparian protection permit shall
be considered and processed as set forth in this subsection.
1. Riparian Protection Permit Application: A complete application shall be submitted to the
department of public utilities and shall contain at least the following information
submitted by the applicant, unless certain information is determined by the public utilities
director to be inapplicable or unnecessary to evaluate the application under the
provisions of this section. The public utilities director may determine, consistent with the
requirements of this section, other application matters such as the scale, quality, and
details shown on maps and plans, and the number of application copies required for
submittal.
a. The applicant's name, address, telephone number and interest in the land;
b. The landowner's name, address and telephone number, if different than the applicant,
and the owner's signed consent to the filing of the application;
c. The street address and legal description of the subject land;
d. The zoning classification, boundaries of base and overlay zoning districts, and present
use of the subject land;
e. A complete description of the use or development for which a riparian protection permit
is requested;
f. Plan view and cross sections of the site which show:
(1) The riparian corridor boundary with respect to the subject land;
(2) The annual high water line and each setback line from the AHWL (area A, 25 feet; area
B, 50 feet; and area C, 100 feet), elevation, and slope;
(3) The location and setback of existing and proposed buildings and structures;
(4) Existing and proposed grades;
(5) Any nonnative or invasive vegetation identified by location, type, and size, including any
area where invasive vegetation is proposed for removal;
(6) 100-year floodplain, past flood hazard areas, geological faults, high liquefaction areas,
and slopes thirty percent (30%) or greater;
(7) Habitat of any known threatened or endangered species of aquatic and terrestrial flora
or fauna, if required by the public utilities director;
(8) If wetlands exist on the subject land, a wetlands delineation approved by the U.S. army
corps of engineers; and
31
(9) Such other and further information or documentation as the public utilities director may
reasonably deem necessary for proper consideration of a particular application,
including, but not limited to, geotechnical and hydrological reports required under
subsection E8 of this section.
2. Riparian Corridor Delineation: The riparian corridor shall be delineated at the annual
high water level.
a. When the annual high water level cannot be found, the top of the channel bank may be
substituted if approved by the public utilities director.
b. A boundary location or delineation required under this section shall be prepared by a
licensed professional hydraulic engineer, hydrologist, wetlands scientist, fluvial
geomorphologist, another equivalent qualified environmental science professional, or the
public utilities department.
c. Any wetland delineation within a stream corridor shall be approved by the U.S. army
corps of engineers prior to submittal of the delineation to the public utilities director.
d. If a wetland exists within and extends beyond the one hundred feet (100') of the riparian
corridor, the outermost edge of the wetland shall be the outer edge of the riparian
corridor.
3. Determination Of Completeness: Upon receipt of an application for a riparian protection
permit, the public utilities director shall make a determination of completeness of the
application pursuant to section 21A.10.010 of this title.
4. Notice Of Applications For Additional Approvals: Whenever in connection with an
application for a riparian protection permit, an applicant is requesting another type of
approval, such as a building permit, subdivision, conditional use permit, variance, special
exception, or change in zoning or land use, each required notice shall include a
reference to all other requested approvals.
5. Minor Exceptions Authorized: Minor exceptions to the provisions of this section may be
approved by the public utilities director as provided in this subsection. A minor exception
may not authorize an exception to a prohibited land use.
a. Criteria: A minor exception shall be approved only if the public utilities director finds the
exception:
(1) Is of a technical nature (i.e., relief from a dimensional or design standard);
(2)Will not authorize a deviation of more than ten percent (10%) from an otherwise
applicable numerical standard;
(3) Is required to compensate for some unusual aspect of the site or proposed use or
development generally not shared by landowners in the vicinity;
32
(4) Supports a goal or objective consistent with any RCO master plan as may be adopted,
subsequent restoration efforts, or the purpose of this section;
(5)Will protect sensitive natural resources or better integrate development with the riparian
environment;
(6)Will avoid filling, grading, and construction of retaining walls; and
(7) Is not likely to:
(A) Interfere with the use and enjoyment of adjacent land;
(B) Create a danger to public health or safety, particularly from flooding or erosion damage;
(C) Change stream bank stability or increase the likelihood of erosion; or
(D) Affect water quality.
b. Conditions May Be Required: In granting a minor exception, the public utilities director
may attach any conditions necessary to meet the intent of this section. Any performance
bond required by such conditions shall be administered as provided in this title and any
other applicable provision of this code.
c. Time Limit: The public utilities director shall prescribe a time limit within which action
under the minor exception shall begin. Failure to begin such action within the established
time limit shall void the minor exception.
d. Burden Of Proof: The applicant shall have the burden of providing evidence to support a
minor exception request.
6. Reasonable Use Exception: If a landowner believes application of the provisions of this
section would deny all reasonable economic use of the owner's lot or parcel of land, the
owner may request a reasonable use exception pursuant to this subsection. A request
for a reasonable use exception shall be made to the public utilities director and shall
include basis for the owner's reasonable use exception request and any information set
forth in title 2, chapter 2.66 of this code which the public utilities director deems relevant
to the request.
a. Criteria: The public utilities director shall approve a request for a reasonable use
exception when all of the following criteria are met:
(1) The application of the provisions of this section would deny all reasonable economic
use of the land;
(2) No other reasonable economic use of the land would have less impact on the riparian
corridor area;
33
(3) The impact to the riparian corridor area resulting from granting the reasonable
economic use request is the minimum necessary to allow for reasonable economic use
of the land;
(4) The inability of the applicant to derive reasonable economic use of the land is not the
result of actions by the applicant or the applicant's predecessor;
(5) The reasonable economic use exception mitigates the loss of riparian corridor area
functions to the extent reasonably feasible under the facts of the application; and
(6) The reasonable economic use exception only authorizes a permitted or conditional use
authorized by the underlying district and conforms to other applicable requirements of
this title to the extent reasonably feasible under the facts of the application.
b. Burden Of Proof: The applicant shall have the burden of providing evidence to support a
reasonable economic use exception request.
7. Action By Public Utilities Director: Following review of a complete application for a
riparian protection permit, and any request for a minor exception or reasonable use
exception, the director shall, pursuant to provisions of this section: a) approve the permit;
b) approve the permit subject to specific modifications; or c) deny the permit. A riparian
protection permit for the proposed use or development shall be approved if the public
utilities director determines such action is in accord with the provisions of this section
and meets the following criteria:
a. Construction associated with the use or development is not reasonably anticipated to
result in the discharge of sediment or soil into any storm drain, wetland, water body, or
onto an adjacent lot or parcel; and
b. Except as otherwise required under a reasonable use exception, the proposed use or
development:
(1)Will result in equal or better protection for the riparian corridor area, considering the
provisions of this section, as reasonably determined by the public utilities director; and
(2)Will not occupy more than fifty percent (50%) of the total area within areas A and B
described in subsection D2 of this section.
8. Appeal Of Decision: Any person adversely affected by a final decision of the public
utilities director may within thirty (30) days after such decision appeal to the public utility
advisory committee as provided in subsection B2 of this section.
(REMAINDER OF SECTION 21A.34.130 IS NOT INCLUDED)
34