1. The building codes; structural, electrical, mechanical, plumbing etc as adopted by the State of Utah, with state amendments, are hereby approved and adopted as the building code of Nibley City. Any reference ere in to the "Building Code" shall mean the building codes as adopted by the State of Utah with amendments, interpreted by the Authority Having Jurisdiction.
   1. Incorporate penalties for violations, see section 103 of above referenced code.
      

1. Created: There is hereby created the position of building official who shall also be known as the building inspector.
   
2. Powers:
   1. Stop Order: The building inspector shall have the power to order all work stopped on construction, alteration or repairs of buildings in the city when such work is being done in violation of any provisions of any ordinance relating thereto, or in violation of the subdivision or zoning titles of the city. Work shall not be resumed after the issuance of such order, except on the written permission of the inspector; provided, that if the stop order is an oral one, it shall be followed by a written stop order within one hour. Such written stop order may be served by any peace officer or other authorized person. 
   2. Entry: The building inspector shall have the power to enter into any building or the premises where the work of altering, repairing or constructing any building or structure is going on, for the purpose of making inspections at any reasonable hour, pursuant to any of the provisions of this title and NCC 7. 
3. Duties: The building inspector shall, in addition to all other duties imposed on him by the city:
   1. Enforce the provisions of the uniform building code.
   2. Inspect all buildings, structures, ditches, signs, fences and objects to determine their safety and effect on the persons who are within the city. 
   3. Until such time as a plumbing inspector is appointed or designated, the building inspector shall be responsible for enforcing the plumbing regulations of the city. 
   4. Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must:
      1. Be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure;
      2. Use construction materials and utility equipment that are resistant to flood damage; and
      3. Use construction methods and practices that will minimize flood damage.
   5. Review subdivision proposals and other proposed new developments to assure that:
      1. All such proposals are consistent with the need to minimize flood damage;
      2. All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage; and
      3. Adequate drainage is provided so as to reduce exposure to flood hazards.
   6. Require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

Application and Plans: A building permit shall be secured from the building department on application accompanied by plans and specifications, which must state the specific nature of the construction or alterations to be made. The plan must be verified by the person who will perform or be in charge of the construction or alteration.

1. Report, Plan Approved: The city council hereby approves and adopts the reports from Cache Landmark Engineering, Inc., entitled Nibley City western development storm water collection system master plan, January 2005, and the capital facilities plans and projections reflected therein.
2. Fee Schedule:
   1. Impact Fees: Impact fees are hereby adopted as a condition of the signing of a subdivision plat by the city for any development activity which creates additional demand and need for public facilities for the storm water system.
   2. Fee Schedule:
      1. For the Sunrise Retention Basin the fee shall be two thousand six hundred dollars ($2,600.00) per ERU.
      2. For the Hansen/Zilles Retention Basin the fee shall be two thousand six hundred dollars ($2,600.00) per ERU.
      3. For the Hansen Retention Basin the fee shall be two thousand six hundred dollars ($2,600.00) per ERU. The above schedule is for the total due as per the engineer's estimate for each basin area. A developer may receive a credit toward the total storm water impact fee by installing portions of the system. The city administrator and city engineer shall determine the credit due to a developer according to the corresponding amount of system either installed or planned to be installed by the developer. Planned installations shall be included in the performance bond agreement.
3. Service Area Designated: The specific area for each basin listed above and shown on the attached map designated as either the Sunrise Retention Basin or the Hansen/Zilles Retention Basin or the Hansen Retention Basin area of the city of Nibley is hereby designated and established as an individual service area for purposes of this section.
4. Adjustment To Fee:
   1. Conditions: Unless otherwise provided by the city council, impact fees shall be paid to the city prior to the signing of the final plat by the city. However, the city may adjust the impact fees imposed pursuant to this section as necessary in order to:
      1. Respond to unusual circumstances in specific cases;
      2. Ensure that impact fees are imposed fairly;
      3. Permit the adjustment of the amount of the fee based on data or studies submitted by an applicant or developer, as approved by the city;
      4. Allow a credit against impact fees, as approved by the city council, for dedication of land for, improvement to, or new construction of, any system improvements by the applicant or developer if the facilities are identified as necessary to the city's capital facilities plan and are required by the city as a condition of approving the development activity. No credits shall be given for project improvements as defined by the Utah impact fees act.
   2. Authority Of Mayor: The mayor shall have the authority to make such adjustments based upon information submitted by the applicant or developer.
5. Policy Adoption: The city may adopt policies consistent with this section and any resolutions passed by the city council to assist in the implementation, administration and interpretation of this section related to municipal impact fees.
6. Administration Of Fees: The city shall account for, expend and refund impact fees collected pursuant to this section in accordance with the Utah impact fees act.
7. Challenges, Appeals:
   1. Request For Information: Any person or entity required to pay an impact fee imposed by this section who believes the fee does not meet the requirements of the law may file a written request for information with the city as provided by law.
   2. Analysis: Within two (2) weeks of the receipt of the request for information, the city shall provide the person or entity with the written analysis required by the act and with any other relevant information relating to the impact fee.
   3. Appeal: Within thirty (30) days after paying the impact fee, any person or entity who wishes to challenge the fee shall file a written appeal with the city recorder setting forth in detail all factual and legal grounds in support of the appeal and challenge to the impact fee, and which is relied upon by the appealing party with respect to the fees challenged. Upon receipt of the written appeal, the city recorder shall forward the appeal, together with a recommendation, to the city council and shall schedule a public hearing before the council on the appeal for the purpose of receiving input from all interested persons. The city council shall thereafter render its decision on the appeal no later than thirty (30) days after the date the appeal was filed with the city recorder.
   4. Failure To Comply: Any person or entity who has failed to comply with the administrative remedies established by this subsection, may not file or join an action challenging the validity of any impact fee.
   5. District Court Review: Any person or entity who was a party to an appeal under this subsection who is adversely affected by the decision of the city council may petition the district court for a review according to provisions outlined in Utah Code § 11-36-401.
      

1. All required notices have been given and made and public hearings conducted as requested by the Impact Fee Act with respect to the Impact Fee Analysis, and this impact fee enactment (this "Ordinance").
2. Growth and development activities in Nibley City will create additional demands on its park, transportation, culinary water and sanitary sewer systems. The capital facility improvement requirements which are analyzed in the Impact Fee Analysis are the direct result of additional facility needs caused by future development activities. The persons responsible for growth and development activities should pay a proportionate share of the costs of the park, transportation, culinary water and sanitary sewer systems needed to serve the growth and development activity.
3. Impact fees are necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the future, in comparison with the benefits already received and yet to be received.
4. In enacting and approving the Impact Fee Analysis and this Ordinance, the Council has taken into consideration, and in certain situations will consider on a case-by-case basis in the future, the future capital facilities and park, transportation, culinary water and sanitary sewer needs of Nibley City, the capital financial needs of Nibley City which are the result of the City's future facilities needs, the distribution of the burden of costs to different properties within the City based on the use of park, transportation, culinary water and sanitary sewer facilities of the City by such properties, the financial contribution of those properties and other properties similarly situated in Nibley City at the time of computation of the required fee and prior to the enactment of this Ordinance, all revenue sources available to Nibley City, and the impact on future park, transportation, culinary water and sanitary sewer facilities that will be required by growth and new development activities in Nibley City.
5. The provisions of this Ordinance shall be liberally construed in order to carry out the purpose and intent of the Council in establishing the impact fee program.
6. The existing impact fee ordinance of the city is superseded and amended to read as set forth in this chapter; provided, however, that this chapter shall be deemed a continuation of the previous ordinance, and not a new enactment, insofar as the substance of revisions of the previous ordinance is included, whether in the same or in different language; and this chapter shall be so interpreted upon all questions of construction.

1. Except as provided below, words and phrases that are defined in the Impact Fee Act shall have the same meaning in this Ordinance.
2. "Service Area 1" shall mean that geographic area designated. It is determined to be the entire City.
3. "Project Improvements" does not mean system improvements and includes, but is not limited to those projects listed in the Analysis.

1. The Council hereby approves and adopts the Impact Fee Analysis, dated February 7, 2013, (Analysis) attached as Exhibit A and the analysis reflected therein. The Impact Fee Analysis is incorporated herein by reference as though fully set forth herein. Based on its approval and adoption of the Impact Fee Analysis, the Council hereby imposes the impact fees specified herein and enacts this Ordinance to require payment of the impact fees specified herein as a condition of building a house or residential living units, institutional or commercial building in Nibley City.
2. The City Council hereby approve and adopts the Impact Fee Analysis, dated July 2019, attached as Exhibit B and the analysis reflected therein, and includes the same within the meaning of the terms “Impact Fee Analysis” or “Analysis” as used in this Ordinance. The Impact Fee Analysis is incorporated herein by reference as though fully set forth herein. Based on its approval and adoption of the Impact Fee Analysis, the Council hereby imposes the impact fees specified herein and enacts this Ordinance to require payment of the impact fees specified herein as a condition of building a house or residential living units, institutional or commercial building in Nibley City.
   

1. Developer Credits/Developer Reimbursements. A developer may be allowed a credit against or proportionate reimbursement of Impact fees 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. A credit against impact fees shall be granted 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, or are dedicated to the public and offset the need for an identified system improvement.
2. Impact Fees Accounting. Nibley City shall establish a separate interest-bearing ledger account for the cash impact fees collected pursuant to this Ordinance. Interest earned on such account shall be allocated to that account. Impact fees collected prior to the effective date of this Ordinance need not meet the requirements of this section.
   1. Reporting. At the end of each fiscal year, Nibley City shall prepare a report on such account generally showing the source and amount of all monies collected, earned and received by the fund or account and each expenditure from the fund or account. The report shall also identify impact fee funds by the year in which they were received, the project from which the funds were collected, the capital projects for which the funds were budgeted, and the projected schedule for expenditure and be provided in a format approved by the State Auditor and certified by the Nibley City Chief Financial Officer.
   2. Impact Fee Expenditures. Nibley City may expend cash impact fees covered by this Ordinance only for systems improvements that are (i) public facilities identified in the Impact Fee Analysis; and (ii) of the specific public facilities type for which the fee was collected.
   3. Time of Expenditure. Cash impact fees collected pursuant to this Ordinance are to be expended, dedicated or encumbered for a permissible use within six (6) years of receipt by Nibley City, unless the Council directs otherwise. For purposes of this calculation, the first funds received shall be deemed to be the first funds expended.
   4. Extension of Time. Nibley City may hold previously dedicated or unencumbered fees for longer than six (6) years if it identifies in writing, before the expiration of the six year period, (i) an extraordinary and compelling reason why the fees should be held longer than six (6) years; and (ii) an absolute date by which the fees will be expended.
3. Refunds. Nibley City shall refund any impact fees paid by a builder or developer, plus interest actually earned when (i) the builder or developer does not proceed with the building activity and files a written request for a refund; (ii) the fees have not been spent or encumbered; (iii) the builder or developer has contributed in excess of its proportional costs; and (iv) no impact has resulted.
4. Additional Fees and Costs. The impact fees authorized hereby are separate from and in addition to user fees and other charges lawfully imposed by Nibley City, such as engineering and inspection fees, building permit fees, review fees, and other fees and costs that may not be included as itemized component parts of the impact fee.
5. Fees Effective at Time of Payment. Unless Nibley City is otherwise bound by a contractual requirement, the impact fee shall be determined from the impact fee schedule in effect at the time of payment in accordance with the provisions of NCC 17.06.050.
6. Imposition of Additional Fee. 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.
7. 
   

1. Impact fees are hereby imposed as a condition of and unless otherwise provided and approved by the City Council, shall be paid prior to the issuance of a building permit by Nibley City for any development activity which creates additional demand and need for public facilities or makes demands on the roadways, streets, park, culinary water and sanitary sewers in Nibley City's system. The fees imposed are as follows:

1. Facilities Impact Fee

2. Transportation Impact Fee

B. Impact Fees for Other Forms of Development. Other forms of development not readily related to those of the above chart shall be subject to an impact fee calculated by the City Manager using the formulas in the Analysis and the trip generation data from thesame source as used in the Analysis.

1. Waiver for "Public Purpose." The Council may, on a project by project basis, authorize Waiver for "Public Purpose." The Council may, on a project by project basis, authorize exceptions or adjustments to the then impact fee rate structure for those projects the Council determines to be of such benefit to the community as a whole to justify the exception or adjustment. Such projects may include low income housing, and except for an exemption for low income housing, the City Council shall establish one or more sources of funds other than impact fees to pay for the exempted development activity.
2. Adjustments. The Council may adjust impact fees imposed pursuant to this Ordinance as necessary in order to respond to unusual circumstances in specific areas, ensure that impact fees are imposed fairly, permit the adjustments of the amount of the impact fees based upon studies and data submitted by an applicant in order to ensure that the impact fee represents the proportionate share of the cost of providing such public facilities which are reasonably related to and necessary in order to provide the services in question to anticipate future growth and development activities. This adjustment may result in a higher fee if the city determines that a user would create a greater than normal impact on the system. The city may also decrease the fee if the city is satisfied that the developer-provided documentation demonstrates that the proposed impact will be less than what could be expected given the type of user.
   
   The City may adjust the standard impact fee at the time the fee is charged to respond to a request for a prompt and 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.

1. Application. The appeal procedure applies both to challenges to the legality of impact fees, to similar and related fees of Nibley City and to the interpretation and/or application of those fees. It shall not apply to any decision of the City Council concerning a waiver for public purposes.
2. Declaratory Judgment Action. Any person or entity residing in or owning property within Nibley City, and any organization, association or corporation representing the interests of persons or entities owning property within Nibley City may file a declaratory judgment action challenging the validity of an impact fee only after having first exhausted their administrative remedies of this section.
3. Request for Information Concerning the Fee. Any person or entity required to pay an impact fee under this Ordinance may file a written request for information concerning the fee with Nibley City. Nibley City will provide the person or entity with Nibley City's written impact fee analysis and other relevant information relating to the impact fee within fourteen (14) days after receipt of the request for information.
4. Appeal to Nibley City Before Payment of the Impact Fee. Any affected or potentially affected person or entity who wishes to challenge an impact fee under this Ordinance prior to payment thereof may file a written request for information concerning the fee and proceed under Nibley City's appeal procedure.
5. Appeals to Nibley City. Any developer, landowner or affected party desiring to challenge the legality of any impact fee or related fee, paid pursuant to this Ordinance, subject to Utah Code § 11-36a-703(4), shall appeal directly to Nibley City by filing a written challenge with Nibley City, provided that the affected party does so in writing within the time limitations stated in Utah Code § 11-36a-702(1). If no written challenge is filed with Nibley City within the said time limitations of Utah Code § 11-36a-702(1), the affected party may neither file nor pursue an administrative appeal with Nibley City nor seek judicial relief.
   1. Hearing. An informal hearing will be held not sooner than five (5) days nor more than twenty-five (25) days after the written appeal/challenge to the validity of Nibley City's impact fees is filed. The Hearing of the appeal shall be conducted by the City's Land Use Appeal Officer.
   2. Decision. After the conclusion of the informal hearing, the Land Use Appeal Officer shall affirm, reverse, or take action with respect to the challenge or appeal as he/she may deem appropriate. The decision of the Land Use Appeal Officer will be issued within thirty (30) days after the date the written appeal/challenge was filed. In light of the statutorily mandated time restriction, Nibley City shall not be required to provide more than three (3) working days prior notice of the time, date and location of the informal hearing and the inconvenience of the hearing to the challenging party shall not serve as a basis of appeal of Nibley City's final determination.
6. Denial Due to Passage of Time. Should Nibley City, for any reason, fail to issue a final decision on a written appeal/challenge to an impact fee, its calculation or application, within thirty (30) days after the filing of that appeal/challenge with Nibley City, the challenge shall be deemed to have been denied and any affected party to the proceedings may seek appropriate judicial relief from such denial.
7. Judicial Review. Any party to the administrative action provided for herein, who is adversely affected by Nibley City's final decision may petition the district court for a review of the decision and shall file such petition within thirty (30) days after the day on which a final decision is rendered in the City's administrative appeals procedure. (Utah Code § 11-36a-702(2)). After having been served with a copy of the pleadings initiating the court review, Nibley City shall submit to the court the record of the proceedings before Nibley City, including minutes, and if available, a true and correct transcript of any proceedings.
   

1. Except as otherwise specifically provided herein, this impact fee ordinance shall not repeal, modify or affect any other impact fee of the city in existence as of the effective date hereof. All impact fees established, including amendments and modifications to previously existing impact fees, after the effective date hereof shall comply with the requirements of this impact fee ordinance. This impact fee ordinance shall take effect ninety (90) days after the day on which this impact fee ordinance is approved and adopted by the City Council and this impact fee ordinance shall be posted, as provided by law, immediately after approval and adoption.
   

1. If any section, subsection, paragraph, clause or phrase of this ordinance shall be declared invalid for any reason, such decision shall not affect the remaining provisions of this ordinance, which shall remain in full force and effect, and for this purpose, the provisions of this Ordinance are declared to be severable.
   

1. “System Improvements” means:
   1. Existing public facilities that are:
      1. Identified in the Impact Fee Analysis (“IFA”), attached as Exhibit “A”; and
      2. Designed to provide services to the service areas within the community at large; and
   2. Future public facilities that are intended to provide services to service areas within the community at large.
2. “Equivalent Residential Unit” means that unit of demand that has an impact on the wastewater treatment infrastructure of Logan City that is equivalent to a single-family residence with a flow of 245 gallons per day.
3. “Public Facilities” for purposes of this ordinance means only the following impact fee related facilities that have a life expectancy of 10 or more years and are owned by Logan City, and which are operated on behalf of the City:
   1. Wastewater collection and treatment facilities

1. The City Council hereby adopts the Impact Fee Facilities Plan (IFFP) and Impact Fee Analysis (IFA) prepared for Logan City by Lewis Young Robertson & Burningham, Inc.
2. A copy of the IFA is included as Exhibit “A”.
3. The entire area of the City is hereby designated as one service area with respect to wastewater treatment facilities.

The IFFP and IFA as set forth in Exhibit “A” is hereby adopted in its entirety by the City in accordance with applicable provisions of the Impact Fees Act.

1. A Wastewater Impact Fee is hereby established and imposed as a condition of the issuance of a building permit by the City for any development activity which creates additional demand and need for public facilities in accordance with the Act. The Wastewater Impact Fee shall be $2,433.00 per Equivalent Residential Unit. Mult-family units shall be charged $1,703 per unit. Mul-family shall be defined as a residential dwelling that consists of duplex, triplex, quadplex, apartment, condominium and all other dwelling units that are individually or jointly water metered and not classified as single family residential. These may consist of one building or multiple buildings with in a complex. Units can be arranged side-by-side or stacked vertically and can be owned individually or leased separately. The non-standard Wastewater Impact Fee is calculated as by determining the Estimated Flow divided by 245GPD multiplied by $2,433.00.
2. The Non-Standard Impact Fee is defined as commercial and industrial facilities, public facilities, multifamily residential units (more than one dwelling sharing one connection), and any other user which may create different impact than what is standard for its land use. The City of Logan Environmental Director or his designee is responsible for the assessment and adjustment of the non-Standard Impact Fee.
3. Nibley City will collect the Wastewater Impact Fee at the time of building permit application. All impact fees must be paid in full before a building permit is issued.
4. Logan City and/or the Logan City Environmental Director is authorized to adjust the standard impact fee described above at the time the fee is paid in order to:
   1. Respond to:
      1. Unusual circumstances in specific cases; or
      2. A request for a prompt and 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; and
   2. Ensure that the impact fee is imposed fairly.
5. The amount of the Wastewater Impact Fee to be imposed on a particular development may be adjusted by Logan City and/or the Logan City Environmental Director.
6. Applications for exceptions are to be filed with Logan City and/or the Logan City Environmental Director at the time the applicant first requests the extension of service to the applicant's development or property.
7. Subject to approval by the Logan City and/or the Logan City Environmental Director, developers, including a school district or a charter school, may be allowed a credit against Impact Fees or proportionate reimbursement of Impact Fees if the developer 1) dedicates land for a System Improvement, 2) builds and dedicates some or all of a System Improvement, or 3) dedicates a public facility that Logan City and the developer agree will reduce the need for a System Improvement; provided that the System Improvement is: (i) identified in the Logan City Impact Fee Facility Plan; and (ii) is required by Logan City as a condition of approving the Development Activity. To the extent required in Section 11-36a-402 of the Act, the City, subject to the approval of Logan City and/or the Logan City Environmental Director, shall provide a credit against Impact Fees for any dedication of land for, improvements to, or new construction of any System Improvements provided by the developer if the facilities, 1) are a System Improvement; or 2) are dedicated to the public and offset the need for an identified System Improvement.

1. Logan City shall account for, expend, and refund Wastewater Impact Fees pursuant in accordance with provisions of the Act. 

1. Any person or entity required to pay a Wastewater Impact Fee imposed by Logan City who believes the fee does not meet the requirements of law may file a written request for information with Logan City and/or the Logan City Environmental Director as provided by law.
2. Within two weeks after the receipt of the request for information, Logan City and/or the Logan City Environmental Director shall provide the person or entity with the written impact fee analysis required by the Act and with any other relevant information relating to the impact fee.

1. This ordinance and fee schedule may be amended by subsequent ordinances, subject to approval by Logan City and/or the Logan City Environmental Director.
2. The City may adopt policies consistent with this ordinance and any resolutions passed by the City Council to assist in the implementation, administration and interpretation of this ordinance related to Impact Fees.
3. Any parts or portions of previous ordinances, resolutions, rules, and regulations which are inconsistent or in conflict with this ordinance are hereby repealed.
4. Prior policies, ordinances, rules, and regulations of the City regarding Wastewater Impact Fees that are not in conflict with this ordinance remain in effect.
5. If any part of this Ordinance is declared invalid by a court of accepted jurisdiction, the remainder shall not be affected thereby.
6. As required by Section 401(2) of the Act, this ordinance shall become effective 90 days after passage by the City Council and public notice as required by law.

1. Where the estimated groundwater elevation is within 48 inches of the existing ground surface as shown in the City’s Water Table Depth GIS layer, where a subdivision plat contains a note, mark, or restriction delineating areas where groundwater is within 48 inches of the existing ground surface, or where a study, report, or analysis is performed for a lot, subdivision or other development that demonstrates that groundwater elevation is within 48 inches of the existing ground surface, the lowest crawl space or finished floor for any building or structure within such area shall be built at an elevation at least six inches (6”) above finished curb or centerline of the street, whichever is higher.
2. Where the estimated groundwater elevation is at least 48-inches or more below the existing surface as shown in the City’s Water Table Depth GIS layer, the lowest crawl space or finished floor shall be built at an elevation at least six inches (6”) above finished curb or centerline of the street, whichever is higher, unless an individual lot owner is able to meet the following conditions:
   1. A stamped report, prepared by a Utah Licensed Professional Engineer or Professional geologist, establishing the historic high-water table elevation shall be submitted to the City Engineer for review and acceptance.
   2. No finished floor elevation, including crawl spaces and basement floor elevations, shall be permitted unless constructed at least 1 foot above the aforementioned groundwater elevation.
   3. A groundwater discharge system such as a sump pump or other system approved by the City Engineer shall be installed in a way that protects groundwater discharge from entering the City’s sewer system prior to issuance of a Certificate of Occupancy. Discharge shall comply with NCC 15.04.040(J) with additional consideration given to topography of the lot and surface runoff to prevent adverse ponding and nuisance flows from leaving the site.
   4. Prior to issuance of a Certificate of Occupancy, final floor and or crawl space elevations constructed in accordance with this ordinance shall be certified by a licensed Professional Engineer or Surveyor to ensure compliance with this ordinance.