1. Creation: The water department of the city is hereby created. It shall administer the operation and maintenance of the water system of the city.
   
2. Public Works Director: There is hereby created the position of public works director.
   
3. Duties: The public works director shall manage and supervise the city water system pursuant to the provisions of this chapter and pursuant to resolutions, rules and regulations adopted by the city council from time to time prescribing his powers and duties and directing the manner and frequency with which he shall make reports to the mayor relating to the water system. All of the functions and activities of the public works director shall be carried on under the direction of the mayor.

1. Connection: Any person, other than a subdivider or developer seeking multiple connections, who desires or is required to secure a new connection to the city water system, shall file with the water department for each such connection a written and signed connection application which is on file in the office of the water department.
2. Connection By Subdividers: Whenever a subdivider or developer desires or is required to install water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agre􀀌ment, which shall constitute an application for permission to make the extensions and connections, and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required.
3. Service: Any person who desires or is required to secure water service when such service is available from the city water system, shall file with the water department a written application and agreement for the service which is on file in the office of the water department.
4. No landowner, person, subdivider or developer's application to connect to Nibley City's water and sewer system will be considered unless the property noted on the application is within Nibley City limits. No application for connection or service will be considered from outside Nibley City limits until the property is properly annexed into Nibley City. The City Council may make exceptions for public entities.
5. Owners of record of dwellings and commercial buildings are responsible for any and all City utility usage associated with their property. As such, owners of all dwellings and commercial buildings in the City are responsible for the payment of City Utilities provided to their property.
6. Only property owners of record may apply for residential and commercial utilities provided by the City.
7. Residential and commercial utility customers are required to provide documentation proving property ownership prior to receiving City Utility services.
   

1. Service Rates And Connection Fees: The rates, penalty fee for delinquency in payment, connection fee, reservoir fee, inspection fee and other charges incidental to connection and services from the city water system shall be fixed from time to time by resolution enacted by the city council. The city council may from time to time promulgate rules for levying, billing, guaranteeing and collecting charges for water services and all other rules necessary for the management and control of the water system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established.
   
2. Special Rates: The city council may from time to time fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the water system under exceptional circumstances, upon such terms and conditions as they may deem proper.
   
3. Complaints; Corrections: The city council is hereby constituted a board of equalization of water rates to hear complaints and make corrections of any assessments deemed to be illegal, unequal or unjust. They may, if they see fit, rebate all or any part of the water bill of any indigent person.

1. Statement: The designated Nibley City staff member shall furnish to each utility account holder, by means of mailing, electronic delivery, and/or physical delivery to the holder’s place of residence or usual place of business, a written or printed statement stating thereon the amount of utility service charges assessed against the holder once each month or at such other regular interval as the city council shall direct. The statement shall specify the amount of the bill for all city provided utility services, any assessed late fees and penalties, the place of payment, and date due.
2. Failure To Pay: The furnished statement shall specify the amount of the bill for all city provided utility services, any assessed late fees and penalties, the place of payment, and date due. If any utility account holder fails to pay the full balance due on the statement within twenty (20) days of the billing date, the utility account will be considered delinquent. All delinquent utility accounts shall be assessed late fees and penalties in accordance with the adopted Nibley City Consolidated Fee Schedule. Any utility account holder that fails to pay the full delinquent balance within forty (40) days of the billing date shall be subject to termination of city provided utility services. The designated Nibley City staff member shall furnish to each utility account holder subject to termination, by means of mailing, electronic delivery, and/or physical delivery to the holder’s place of residence or usual place of business, a written or printed utility service termination notice ten (10) calendar days prior to a proposed termination of city provided utility services. At such time as the delinquent balance is paid in full, the utility account shall no longer be subject to termination unless delinquency occurs at a later date. Termination from city provided utility services due to delinquency shall not take place on Thursdays, Fridays, Saturdays, Sundays, or any officially recognized Federal and/or Utah State holidays.
3. Discontinued Service: If the city provided utility services are thereafter terminated due to delinquency, the utility account holder must pay all delinquent assessed utility charges, late fees and penalties to the city or make arrangements for their payment in a manner satisfactory to the city before the city provided utility services shall again be reinstated. Furthermore, in addition to such payments and penalties, a delinquent utility account holder may be required to make and file a new utility service agreement with the city. The city manager, city treasurer, or city recorder is hereby authorized and empowered to enforce the payment of all delinquent utility service charges by an action at law in the name of the city.
4. Discount for Deployed Military Personnel: Upon presentation of proof of remote military deployment by the utility account holder, Nibley City will waive half of the total utility bill, excluding late fees and penalties, for the duration of the remote deployment. This would include assessed fees for culinary water, wastewater, garbage, recycling, green waste, radio, 911, and stormwater. The waiver shall only be given if the deployed service member is an account holder. The waiver shall only remain in effect if the utility account is up-to-date. If the account becomes twenty (20) calendar days delinquent, the waiver shall be forfeited and regular billing will resume.

Any customer desiring to discontinue service shall notify the city in writing of such fact at least ten (10) days before the date when such service shall be discontinued. On giving such written notice, the customer shall not be responsible for water bills incurred after the date specified in the notice. Any credit balance in favor of the customer as a result of an advance payment of bills or a deposit made will be refunded upon discontinuation of service. 

It shall be unlawful for any person by himself, family, servants or agents to utilize the city water or sewage system without paying therefor, as herein provided or, without authority, to open any fire hydrant, stopcock, valve or other fixtures attached to the system of water supply unless it is done pursuant to proper application, agreement or resolution. It shall be unlawful to injure, deface or impair any part or appurtenance of the water or sewer system, or to cast anything into any reservoir or tank belonging to the water system.

1. Turning On After Being Turned Off Prohibited: It shall be unlawful for any person, after the water has been turned off from the premises for nonpayment of water charges or other violation of the ordinances, rules, regulations or resolutions pertaining to the water supply, to turn on or allow the water to be turned on or used without authority from the public works director or city recorder.
2. Separate Connections: It shall be unlawful for two (2) or more families or service users to be supplied from the same service pipe, connection or water meter unless special permission for such combination usage has been granted by the city council and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with this subsection shall warrant a withholding of a supply of water through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the city for all water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the city to require separate pipes, connections or meters at a subsequent time.
3. Unauthorized Users: It shall be unlawful for any water service user to permit any person from other premises or any unauthorized person to use or obtain water services regularly from his premises or water facilities, either outside or inside his premises.
4. Adjoining Premises: No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the public works director and subject to such requirements relating to controls as may be imposed by him.
5. Visitors: Individuals visiting the premises of an authorized user in a recreational vehicle, not including a mobile home, and continuing to live therein during the period of visitation may receive water service from the service pipes or facilities of the host during the visitation period which shall not exceed one month. Continued use thereafter shall be deemed unauthorized and violative of the provisions of this chapter relating to separate connections and unauthorized use.
6. Water Theft: It is unlawful for any person, firm, or entity to access, divert, or use water from the City system without proper authorization. It is also unlawful to tamper with, bypass, or otherwise interfere with water meters or other city-owned water infrastructure. A water theft fee shall be assessed for any instance of water theft or unauthorized water use, as established on the currently approved Consolidated Fee Schedule.

1. Permit Required: It shall be unlawful for any person to lay, repair, alter or connect any water line to the city culinary water system without first having received a construction permit from the office of the city recorder or from the public works director.
   
2. Application: Applications for permits to make water connections or other alteration or for laying or repairing lines connected directly or indirectly to the city water system must be made in writing by a licensed plumber, his authorized agent, or by the owner of the premises who shall describe the nature of the work to be done for which the application is made.
   
3. Determination Of Approval: The application shall be granted if the public works director determines that:
   1. The connection, repair, alteration or installation will cause no damage to the street in which the water main is laid, or that it will not be prejudicial to the interests of persons whose property has been or may thereafter be connected to the water main.
   2. The connection conforms to the ordinances, regulations, specifications and standards of materials required by the city.
4. Line And Grade Designation: All connections, alterations or installations shall be to the line and grade designated by the public works director.
   
5. Fees: Fees for permits or for inspection services shall be of such amounts as the city council shall from time to time determine by resolution.
   
6. Moving Or Replacement Of Water Lines: In the event that the city in its sole discretion determines that any water line of the city must be moved or replaced, the city shall bear that portion of the cost of such move or replacement which applies to main lines up to the property line of the customer. The cost of reconnecting such new line or lines from the house of the customer to his property line shall be borne by the customer.
   
7. Plumbing Requirements: Permission to connect with the city water system shall not be given unless the plumbing in the house or building to be connected meets the provisions of the building and plumbing codes of the city.

1. Good Repair: All users of water services shall keep their service pipes and connections and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the public works director, shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe.
   
2. Quality Of Service Pipe: All service and other pipe used in conjunction with the water services of the city shall be of such material, quality and specifications as the city council may from time to time by resolution provide, and shall be installed at such distances below ground as may be specified by regulations relating to the water department. All work, alterations or extensions affecting water pipes shall be subject to the acceptance of the public works director, and no connections with any water mains shall be made without first obtaining a permit therefor from the city recorder.

1. Petition To City Council: Any person, including any subdivider, who desires to have the water mains extended within the city, and is willing to advance the whole expense of such extension and receive the return of an agreed portion thereof, as hereinafter provided, may make application to the city council by petition. The petition shall contain a description of such proposed extension accompanied by a map showing the location of the proposed extension together with an offer to advance the whole expense thereof, which cost shall be verified by the public works director. The city council may grant or deny the petition as in its discretion deems best for the welfare of existing water users in the city.
2. Cost Determined: Upon the receipt of such petition and map and before the petition is granted, the city council shall obtain from the public works director a certified statement showing the whole cost or expense of making such extension. 
3. Amount Deposited: If the city council grants the petition, the amount of the cost of making the extension, as certified by the public works director, shall be deposited with the city recorder before any work shall be done on such extension. The deposit shall be made within thirty (30) days, or such other time as the city council shall indicate, after the granting thereof. 
4. Return Of Deposit: At the time the city council decides whether or not to grant petition for an extension, it shall also decide whether or not any portion of the costs is to be refunded and the manner and circumstances under which such refund shall be made or credited to the applicant, his successors or representatives. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.
5. Forfeiture: In the event any deposit remains unclaimed for a period of five (5) years after the depositor has discontinued water service, the deposit may be forfeited and then transferred to the water utility fund. 
6. Ownership Of Extension: Any such extension shall be deemed the property of the city.

Vehicles for sprinkling shall be regulated and controlled by the water department through the public works director.

The public works director and his agents shall at all ordinary hours have free access to any place supplied with water services from the city system for the purpose of examining the apparatus and ascertaining the amount of water service being used and the manner of its use.

No water shall be supplied from the pipes of the city water system for the purpose of driving motor, syphon, turbine or other wheels, or any hydraulic engines or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose, except by special permission of the city council.

Water for fire hydrants will be furnished for a fee, as listed on the currently approved Consolidated Fee Schedule. Installation and repairs on such hydrants shall be at the expense of the user city and shall be made under the direction of the city. All customers shall grant the city, upon demand, a right of way or easement to install and maintain such hydrants on their premises if the city concludes that hydrants shall be so installed for the protection of the residents of the city.

In time of scarcity of water, whenever it shall in the judgment of the mayor and the city council be necessary, the mayor shall by proclamation limit the use of water to such extent as may be necessary. It shall be unlawful for any person, his family, servants or agents to violate any proclamation made by the mayor in pursuance of this chapter.

1. Effect On City Water System: It shall be unlawful for any person to use such number of outlets simultaneously or to use such sprinkler or combinations of sprinkler or outlets as will in the opinion of the city council materially affect the pressure or supply of water in the city water system or any part thereof, and the city council may from time to time, by resolution, specify combinations or numbers of outlets which may have such effect.
   
2. Order To Discontinue: The city council shall, after determining that such improper use exists, notify the affected water user or the owner of the premises whereon such use occurs of such determination in writing, order such use discontinued and advise that such continued usage constitutes a violation of this chapter.

1. Prohibited Acts: It shall be unlawful for any water user to:
   1. Waste water.
   2. Allow it to be wasted by stops, taps, valves, leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow.
   3. Wastefully run water from hydrants, faucets or stops, or through basins, water closets, urinals, sinks or other apparatus.
   4. Use the water for purposes other than for those which he has applied, or to use water in violation of the rules and regulations for controlling the water supply.
2. Refer To City Council: Users of water from the city water system shall not permit water to continue to run wastefully and without due effort to conserve water. If, in the judgment of the public works director or of any of the officers of the city, a user of city water engages in practices which result in the needless waste of water and continues to do so after reasonable notice to discontinue wastefulness has been given, the public works director or any officer may refer the matter to the city council.
   
3. Termination Of Service; Meeting: The city council may thereupon consider terminating the right of the individual to use culinary water. If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate his water connection at least five (5) days prior to the meeting of the city council at which termination of water service is to be considered. The notice shall inform him of the time and place of the meeting and the charges which lead to the consideration of the termination.
   
4. Appearance By Water User: A water user whose right to utilize city water is being reviewed shall have opportunity to appear with or without counsel and present the reasons why his water service should not be discontinued.
   
5. Determination: After due hearing, the city council may arrive at a determination. If the determination is to discontinue the wasteful water user's service connection, the city council shall notify him of the decision and of the period during which the service will remain discontinued.

1. Number Of Meters: Dispute: Except as otherwise expressly permitted by this chapter, all structures, dwelling units, establishments and persons using water from the city water system must have such number of water meters connected to their water system as are necessary in the judgment of the public works director to adequately measure use and determine water charges to the respective users. Whenever a dispute between the public works director and the property owner arises as to the appropriate number of meters to be installed on any premises, the matter shall be heard and determined by the city council after due notice in writing to the parties involved.
2. Meters Furnished By City: Meters will be furnished by the city upon application for a connection, and upon payment of such connection fees and other costs as may be established by the city council from time to time by resolution. Meters shall be deemed to be and remain the property of the city.
3. Meter Readings: The public works director shall cause meter readings to be taken regularly and shall advise the city recorder thereof for the purpose of recording the necessary billings for water service. It is unlawful for any person to obstruct, block, damage, or otherwise prevent access to a water meter. If the meter is obstructed due to a physical barrier or other interference and is unable to be read, a penalty may be assessed to the property owner as the responsible party. If the obstruction poses an immediate hazard or prevents the City from addressing an urgent water system issue, the City may remove the obstruction without prior notice and assess related costs to the responsible party. The meter obstruction penalty fee is listed on the current approved Consolidated Fee Schedule.
4. Tampering: Meters may be checked, inspected or adjusted at the discretion of the city, and they shall not be adjusted or tampered with by the customer. Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the city, unless special permission is given by the city through its representatives to the customer to do so.
5. Meter Testing: If a customer submits a written request to the public works director to test his water meter, the city may, if under the circumstances it deems it advisable and in its discretion, order a test of the meter measuring the water delivered to such customer. If such request is made within twelve (12) months after the date of the last previous test, the customer may be required to pay the cost of such test. If the meter is found in such test to record from ninety seven percent (97%) to one hundred three percent (103%) of accuracy under methods of testing satisfactory to the city council, the meter shall be deemed to accurately measure the use of water.
6. Estimation In Case Of Failure: If the city's meters fail to register at any time, the water delivered during the period of failure shall be estimated on the basis of previous consumption during a period which is not questioned. In the event a meter is found to be recording less than ninety seven percent (97%) or more than one hundred three percent (103%) of accuracy, the city shall make such adjustments in the customer's previous bills as are just and fair under the circumstances.
7. Damage By Customer: All damages or injury to the lines, meters or other materials of the city on or near the customer's premises caused by any act or neglect of the customer shall, in the discretion of the city, be repaired by and at the expense of the customer, and the customer shall pay all costs and expenses, including reasonable attorney fees, which may arise or accrue to the city through its efforts to repair the damage to the lines, meters or to other equipment of the department or collect such costs from the customer.

1. Scope: The city may furnish water service from its water system to persons outside the city in accordance with the provisions of this chapter.
   
2. Petition For Service: Any person located outside the city limits who desires to be supplied with water services from the city water system and is willing to pay in advance the whole expense of extending the water system to his property, including the cost of extending any water main beyond its present location, may make application to the city council by petition containing:
   1. A description of the proposed extension.
   2. A map showing the location thereof. 
   3. An offer to pay the whole expense incurred by the city in providing such extension and to advance such expense as shall be verified to by the public works director. The city council and the person seeking such extension may enter into an agreement providing in detail the terms under which the extension may be utilized by others in the future and the terms under which all or any portion of the cost of installing such extension may be refunded. 
   4. An acknowledgement that the city in granting the petition need supply only such water to the petitioner which from time to time the city council deems beyond the requirements of water users within the city limits, and that such extension shall be the property of and subject to the control of the city.
3. Costs Determined: Upon receipt of such petition and map and before the petition is granted, the city council shall determine what portion, if any, of the extension of the city water mains to the city limits the city shall construct, and shall obtain from the public works director a verified statement showing the whole cost and expense of making such extension. Such costs and expenses shall include administrative and supervisory expenditures of the water department, which shall in no event be deemed to be less than ten percent (10%) of the cost of materials and labor.
   
4. Extensions May Be Master Metered: When an extension supplying more than one house or user outside the city limits is connected to city water mains, the public works director may require a master meter to be installed near the point where the connection is to be made to the city main. This installation will be at the expense of the persons served by such extension according to the regular rates for meter installation. Responsible parties must agree to pay all bills for water served through the meter at the applicable water rates.

The city shall not be held liable for any damage to a water service user by reason of stoppage or interruption of his or her water supply service caused by fires, scarcity of water, accidents to the water system or its mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause. This section shall not be construed to extend the liability of the city beyond that provided in the governmental immunity act.

1. Notice Of Violation: Any person found to be violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
2. Misdemeanor Penalty: Any person who shall continue any violation beyond the time limit provided for in subsection A of this section shall be guilty of a class B misdemeanor and upon conviction thereof, shall be subject to penalty as provided in NCC 1.08.010 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
3. Liability For Damages: Any person violating any of the provisions of this chapter shall become liable to the city for the expense, loss or damage occasioned the city by reason of such violation.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

1. Deposits: It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of said city, any human excrement, garbage or other objectionable waste.
   
2. Discharges: It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
   
3. Private Systems: Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal or wastewater.
   
4. Connection Required; Exception: The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley, easement or right of way in which there is now located or may in the future be located a public sanitary sewer of the city, or within three hundred feet (300') of the system, is hereby required, at the owner's expense, to install suitable sewer facilities therein, and to connect such facilities directly with the public sewer in accordance with the provisions of this chapter, within one hundred eighty (180) days after date of official notice to do so; provided, that said sewer is within three hundred feet (300') of the owner's property line. An exception to this policy may be granted by the city council in extraordinary cases only.
   
5. Extraterritorial Jurisdiction: To evidence compliance with the requirements of this section, the city adopts this penalty and compensatory sanctions, the violation of which shall constitute a class B misdemeanor. Under the authority of Utah Code § 10-8-15, as amended, the city hereby exercises a municipality's extraterritorial jurisdiction to protect its culinary water system and its source from exposure to underground percolation from any ecological injury, pollution or contamination of the watershed or exposure of the system and water polluting underground percolations influencing the culinary waterworks source. The city, under the authority of Utah Code § 10-8-38, as amended, declares that all lands (whether inside or outside an incorporated municipality) within three hundred feet (300') on either side of the transmission or interceptor lines and the inlet facilities of each and all of the collection, interception and inlet facilities or one or any combination of the same (the "system") are a part of the wastewater facilities of the city and the system, and the city hereby requires that the owner or occupant of any land upon which any structure is located and on the nearest property line of any kind within three hundred feet (300') of any lateral, interceptor or collection portion of the system shall connect to the system, the failure of which shall constitute a public offense and punishable by law as a class B misdemeanor.

1. Permitted: Where a public sanitary or combined sewer is not available under the provisions of NCC 15.04.020(D), the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
2. Permit; Fee: Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit from the governmental entity with jurisdiction. The application for such permit shall be made on a form furnished by the appropriate governmental entity, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary. A permit and inspection fee shall be paid as required at the time the application is filed.
3. Compliance; Inspection: Permission to use the system for a private wastewater disposal system shall not become authorized until the installation is completed in compliance with the approved plans applicable with all state and local codes, and this chapter. Authorized city employees shall be allowed to inspect the work at any stage of construction. The applicant for the permit shall notify the city recorder when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty eight (48) hours of the receipt of notice by the city recorder.
4. State Compliance; Minimum Lot Area: The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the department of environmental quality of the state of Utah. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than one-half (1/2) acre. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
5. Connection To Public System; Time Limit: At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in NCC 15.04.020(D), a direct connection shall be made to the public sewer within one hundred eighty (180) days, in compliance with this policy, and the private disposal system shall be disconnected, safely abandoned and made inoperable in compliance with applicable laws and regulations.
6. Maintenance: When a public sewer is not available, the owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, and at no expense to the city.
7. Additional Requirements: No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Utah state department of environmental quality.

1. Permit Required: No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city.
   
2. Classifications; Equivalent Residential Units; Application; Fee:
   1. There shall be two (2) classes of sewer connections to be known as "residential" and "commercial". Each connection type shall be measured by ERUs (equivalent residential units). Each residence served by the waste water system will be considered to be a "residential" connection and will be considered to be equal to one ERU. Internal and external Accessory Dwelling Units as defined in NCC, shall not be considered an ERU for billing purposes. In cases where there is more than one dwelling unit in a residence, each will be counted as a separate ERU. Each establishment served by the city's wastewater system that is not residential in nature will be considered a "commercial" connection charged equal to the average number of ERUs of flow contributed to the system. In the city, an ERU is equal to seven thousand (7,000) gallons per month.
   2. Prior to connecting to the wastewater system, a preliminary study shall be conducted to determine the ERU value for each "commercial" connection. One year from the date the connection occurs, actual flows shall be used to confirm the ERU value for the connection. The flow data will be updated annually.
   3. In every case, the owner or agent shall make application on a form obtained from the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the public works director.
   4. A fee for sewer connection permits and inspections shall be set by resolution of the city council.
3. Mandatory Connection; Penalty:
   1. Each person owning, occupying or having an interest in any structure in the city, the property line of which is within three hundred feet (300') of the sewer line shall connect to the sewer system upon an application in the form hereinafter set out.
   2. It shall be a class B misdemeanor or a misdemeanor as declared by state law or county ordinance for any person to fail to connect to the sewer system who is the occupant, owner or user of any structure whose outermost property line is within three hundred feet (300') of the sewer system by a fine as listed on the current approved Consolidated Fee Schedule for each day of violation, and each day of failure to connect shall be deemed a separate offense. In cases where connection would create an inordinate burden, the city council may waive this requirement.
   3. Each individual connection to the sewer system shall execute an application on a form provided by the city.
4. Addendum:
   1. Attached as an addendum to the ordinance codified herein and on file in the city office is a document entitled "service user charge system", addendum A. Addendum A is incorporated by reference and made a part of this chapter and its title shall be known and it may be referred to as "addendum A, charge system" or merely, "addendum A" in any document, pleading or proceeding pertaining to the sewer or wastewater system of the city. References to addendum A shall also be made when there is ambiguous declaration or statement in this chapter or any policy or ordinance of the city, and any resolution or proceeding affecting the city sewer and wastewater system. The rates for connecting to and use on monthly or any other basis may be fixed and amended by resolution or amending this chapter.
   2. Until otherwise provided by resolution or amending this chapter, the rates shall be as stated in addendum A and are hereby approved and adopted into this chapter.
   3. The governing body will, in order to promote equity in distribution of operation and maintenance costs, and for no other purpose, establish rates based entirely upon metered winter usage, effluent strength, or solely upon the basis as defined hereinabove or upon an equitable combination or any of those so that the costs of operation and maintenance reflected in rates will be equitably distributed among those based upon their usage of and benefit received from the system.
5. Installation and Maintenance Of Building Sewer and Connecting Lines: All costs and expenses incidental to the installation, connection, and maintenance of the owner’s building sewer and connecting lines shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation and maintenance of the owner’s building sewer and connecting lines. Unless provision is expressly made for the alternative ownership of sewer lines by means of a written agreement, all sewer mains, sewer laterals, and other sewer connectionsand facilities shall be owned and maintained as follows:
   1. Sewer mains shall be deemed to be the property of the city of Nibley and subject to its absolute control and supervision even though actual installation may have been performed by a developer or other property owner.
   2. All sewer lines or laterals from the point of connection to the sewer main to the point of connection at the facility, residence, or other structure(s) served by such connecting line or lateral shall be the responsibility of and be owned by the owner(s) of the property being served by such line or lateral. Such owner shall be solely responsible for any physical or piping failures or damage that occur along any portion of the lateral or line, including the point of connection to the sewer main. The property owner shall also be responsible for all blockages or similar impediments of the waste water flows for the entire length of the lateral line from the sewer main to the facility being served. The city of Nibley accepts no liability nor responsibility for any blockage in or damage to a connecting line or lateral. All connections to the sewer main, and any work affecting a sewer main or public right of way shall comply with applicable Nibley City regulations, including permitting requirements and construction standards.
6. Separate And Independent Building Sewer Required; Exception: A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole system will be considered as one building sewer. The city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection as described herein.
   
7. Old Building Sewers: Old building sewers may be used in connection with new buildings only when they are examined and tested by the city sewer and water superintendent and found to meet all requirements of this chapter.
   
8. Construction Code Compliance: The size, slope, alignment, materials or construction of all sanitary sewers, including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city and the state. In the absence of these code provisions or in amplification thereof, the materials of the ASTM and WPCF manual of practice no. 9 shall apply.
   
9. Elevation: Whenever possible, the building sewer shall be brought from the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Where such means are necessary, the owner shall be responsible for all installations, maintenance and operating costs for their operation.
   
10. Surface Runoff Or Ground Water: No person shall make connection of roof downspouts, foundation drains, field drains, or other sources of surface runoff or ground water, to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the city and the Utah state department of environmental quality for purposes of disposal of polluted surface drainage.
    
11. Connection Code Requirements: The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, and the state, or the procedures set forth in appropriate specifications of nationally recognized publications of what are known as the ASTM and the WPCF manual of practice no. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the city before installation.
    
12. Excavations; Protection: All excavation for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
    
13. Responsibility For Payment:
    1. Irrespective of the occupant, user, tenant, cotenant, permissive user, or any other person, firm, partnership, corporation or entity being in possession of the premises to which a connection is supplied or service made available, the owner of the premises according to the records of the Cache County recorder shall be legally responsible for the payment of all charges, fees, assessments and any other payment or obligation or liability of a user. If any delinquent sewer connection, sewer user charge, repairs, maintenance or any other obligation is imposed against any premises, property, buildings or structures, the obligation shall be deemed by the city as an obligation of the owner of the real property on which any use is made from a sewer connection. Water services to delinquent property shall be turned off by the city for failure to pay any and all sewage and wastewater fees, assessments, charges or liability and will not be turned on again to those premises where a delinquency occurs unless and until all liabilities to the city for sewer service are paid in full.
    2. All payments for utilities, whether "water" or "sewer" shall be credited first to sewer assessments, fees or charges.
14. Interest Charge On Delinquent Or Past Due Connection Fees: The mayor and city council may, at their discretion and in circumstances that are equitable, impose interest at the rate of ten percent (10%) on all past due accounts either for connection fees, user charges, maintenance, repair or any other charge which is provided for, imposed or authorized by this chapter.
    
15. Notification Of Rate: Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to waste water treatment services operation and maintenance (O&M) vs. debt service.

1. Required: The city shall review the total annual cost of operation and maintenance, long-term debt service relating to the wastewater treatment works, as well as each user's wastewater contribution percentage not less often than every year, and will review the user charge system as necessary to assure equity of the system established herein and to assure that sufficient funds are obtained from the city's user charge system to: 1) adequately operate and maintain the wastewater treatment works; and 2) cover said debt service. The city will apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year, and adjust this rate accordingly.
   
2. Addendum: Addendum A attached to the ordinance codified herein and on file in the city office, and entitled Nibley City "service user charge system", shall be used for calculating rates. The addendum shall be used as a guide for calculating rates, fees and charges for connection, use and access to the system. The addendum is adopted and made a part of this chapter.

1. No person shall discharge or cause the discharge of any unpolluted waters such as storm water, surface water, ground water, roof runoff, subsurface drainage, or cooling water to any sewer; except storm water runoff from limited areas, which may be polluted at times, may be discharged to the sanitary sewer by permission of the city and Utah state department of environmental quality.
   
2. Storm water, other than that exempted under subsection A of this section, and all other unpolluted drainage, shall be discharged to such sewers as are specifically designated as storm sewers, or to natural outlets approved by the city and the Utah state department of environmental quality. Unpolluted industrial cooling water or process waters shall also be discharged to a storm sewer, combined sewer or natural outlet.
   
3. The most recent adaptations of city of Logan "ordinance chapter 13.12" and "Logan's regional enforcement response plan for sewer pretreatment" are hereby adopted into this chapter. All flow contributors into the city wastewater system shall be required to meet all requirements, stipulations and policies required by these public documents as well as all current state and federal law concerning discharge into sanitary sewers.
   
4. If any water or wastes are discharged, or are proposed to be discharged to the public sewers, which contain the substances or possess the characteristics enumerated in any of Utah state laws or Logan City's sanitary sewer ordinances or policies, and which are determined by Logan or Nibley City to have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, Logan or Nibley City may:
   1. Reject the wastes;
   2. Require pretreatment to an acceptable condition for discharge to the public sewers;
   3. Require control over the quantities and rates of discharge, and/or wastes not covered by existing taxes or sewer charges under the provisions of this chapter. If Logan or Nibley City permits the pretreatment or equalization of waste flow, the design and installation of the plants and equipment shall be subject to the review and approval of Logan or Nibley City and the Utah state department of environmental quality;
   4. Require a plot plan of sewers of the user's property showing sewer and pretreatment facility location.
   5. Require details of wastewater pretreatment facilities.
   6. Require details of systems to prevent and control the losses of materials through spills to the municipal sewer.
5. All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of standard methods for the examination of water and wastewater, published by the American public health association. Sampling methods, location, times, duration and frequencies are to be determined on an individual basis subject to approval by the city.
   
6. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by Logan or Nibley City for treatment.

1. Entrance Upon Premises: Duly authorized employees of the city or the city of Logan, permitted by the city, bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this chapter.
   
2. Obtain Information: Duly authorized inspectors are authorized to obtain information concerning industrial processes that have a direct bearing on the kind and source of discharge to the wastewater collection system. Industrial users may withhold information when they have established that the revelation of said information to the public might result in an advantage to competitors.
   
3. Information To Determine Compliance: The city may require any user of sewer services to provide information needed to determine compliance with this chapter. These requirements may include:
   
   1. Wastewater's discharge peak rate and volume over a specified time period.
   2. Chemical analysis of wastewaters.
   3. Information on raw materials, processes and products affecting wastewater volume and quality.
   4. Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer control.
4. Safety Rules Observed: While performing the necessary work on private properties referred to herein, duly authorized inspectors shall observe all safety rules applicable to the premises established by the company.
   
5. Premises With Easement: Duly authorized inspectors bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

1. Notice Of Violation: Any person found to be violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
   
2. Misdemeanor Penalty: Any person who shall continue any violation beyond the time limit provided for in subsection A of this section shall be guilty of a class B misdemeanor and upon conviction thereof, shall be subject to penalty as provided in NCC 1.08.010 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
   
3. Liability For Damages: Any person violating any of the provisions of this chapter shall become liable to the city for the expense, loss or damage occasioned the city by reason of such violation.

1. Title; Construction: This chapter shall be known as THE DRINKING WATER SOURCE PROTECTION ORDINANCE. The provisions of this chapter shall be effective within the area which affects the aquifers as shown on exhibit 1, attached to the ordinance codified herein and on file in the city office, and shall set prohibitions and restrictions to prevent contamination of the public drinking water supply in the city as a result of hazardous and toxic substances entering the ground water. This chapter shall be liberally construed to effect the purposes set forth herein.
   
2. Applicability: It shall be the responsibility of any person owning real property and/or owning or operating a business within the jurisdiction of the city to conform and comply with the applicable provisions contained in this chapter. Ignorance of this provision shall not excuse any violations of the provisions of this chapter.
   
3. Authority: The city has the authority to adopt this chapter to facilitate compliance with drinking water source protection regulations pursuant to the land use and development act, Utah Code § 10-9-102, the Utah administrative code, section 8309-113, and other such authorities and provisions as in the statutory and common law of the state, including, but not limited to, Utah Code § 10-8-15 granting extraterritorial jurisdiction to cities to protect water sources.

1. The purpose of this chapter is to protect, preserve and maintain existing and potential public drinking water sources in order to safeguard the public health, safety and welfare of city residents and visitors. The intent of this chapter is to establish and designate drinking water source protection zones and ground water recharge areas for all sources of public drinking water within and outside of city boundaries and jurisdiction which effects the aquifers as shown on exhibit 1, attached to the ordinance codified herein and on file in the city office. This chapter establishes criteria for regulating the storage, handling, use or production of hazardous or toxic substances within identified areas where ground water is, or could be affected by the potential contamination source. This shall be accomplished by the designation and regulation of property uses and conditions that may be maintained within such zones or areas. Unless otherwise specified, the provisions of this chapter apply to new development and/or improvements to existing facilities, and/or handling, movement and storage of potentially hazardous materials.
   
2. The degree of protection afforded by this chapter is considered adequate for regulatory purposes. This chapter does not ensure that public drinking water sources will not be subject to accidental or intentional contamination, nor does it create liability on the part of the city, or an officer or employee thereof, for any damages to the public water supplies from reliance on this chapter, nor any administrative order lawfully made thereunder.
   
3. A notice to cease or an exemption issued under this chapter shall not relieve the owner of the obligation to comply with any other applicable federal, state, regional or local regulation, rule, ordinance or requirement, nor shall said notice or exemption relieve any owner of any liability for violation of such regulations, rules, ordinances or requirements.

1. Animal Feeding Operation: A lot or facility where the following conditions are met: animals have been or will be stabled or confined and fed or maintained for a total of forty five (45) days or more in any twelve (12) month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two (2) or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use common area, or if they use a common system for the disposal of wastes.
2. Animal Unit: A unit of measurement for any animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over fifty five (55) pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.
3. Extremely Hazardous Substances: Those substances which are identified in 40 CFR 302.

POTENTIAL CONTAMINATION SOURCE: Any facility or site which employs an activity or procedure which may potentially contaminate ground water. A pollution source is also a potential contamination source.

PROTECTION ZONE: The delineation zones of the drinking water source protection zone, as summarized in this chapter.

REGULATED SUBSTANCES: Substances (including degradation and interaction products) which because of quantity, concentration or physical, chemical (including ignitability, corrosivity, reactiveness and toxicity), infectious characteristics, radiomutagenicity, carcinogenicity, teratogenicity, bioaccumulative effect, persistence (nondegradability) in nature, or any other characteristics relevant to a particular material that may cause significant harm to human health and/or environment (including surface and ground water, plants and animals).

REGULATORY: Any governmental agency with jurisdiction over "hazardous waste", as defined herein.

RESIDENTIAL ACTIVITY: Any building or structure or portion thereof that is designed for or used for residential purposes and any activity involving the use of occupancy of a lot for residential purposes. "Residential activity" shall include those customary and accessory residential activities associated with the principal permitted use of a lot for residential purposes as set out in the zoning ordinance of the city.

SARA TITLE III: The superfund amendment and reauthorization act section found in 40 CFR 300-302, pertaining to emergency response and right to know.

SANITARY LANDFILL: A disposal site where solid wastes, including putrescible wastes, or nonhazardous wastes, are disposed of on land by placing earth cover thereon.

SECONDARY CONTAINMENT: Any system that is used to provide release detection and release prevention, such as trays under containers, floor curbing or other systems designed to hold materials or liquids that may discharge from containers holding regulated substances. Examples include a double-walled tank, a double-walled integral piping system, or a single-walled tank or integral piping system that is protected by an enclosed concrete vault, liner or an impervious containment area.

SEPTIC HOLDING TANK: A watertight receptacle, used to contain septic waste, the contents of which are extracted and disposed of at a waste disposal facility.

SEPTIC TANK SYSTEM: A generally watertight receptacle connected to a drain field that allows liquid from the tank to enter the soil. The system is constructed to promote separation of solid and liquid components of domestic wastewater, to provide decomposition of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system.

SLUDGE OR BIOSOLIDS: The solids separated from wastewater during the wastewater treatment process.

SOLID WASTE DISPOSAL FACILITY: Any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating solid waste.

SOLID WASTE TRANSFER FACILITY: A site, the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. It does not include green boxes, compactor units, permanent dumpsters and other containers from which such wastes are transported to a landfill or other solid waste management facility.

SPRING: The ground surface outlet of a natural underground spring, including spring collection and control boxes, valves, piping and other attachments.

TRAVEL TIME CONTOUR: The locus of points that form a line of any configuration in space from which ground water particles on that line theoretically take an equal amount of time to reach a given destination, such as a well, well field or spring.

UAC: The Utah administrative code.

USGS: The United States geological survey.

WELL: Any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development or artificial recharge of ground water.

WELL FIELD: An area of land which contains one or more drinking water supply wells.

1. Protection Zone Map: The extent of the protection zones may be seen on the Yeates Spring and 4000 south well protection zone maps, exhibit 1, attached to the ordinance codified herein and on file in the city office. The protection zone maps are incorporated and made a part of this chapter. This map shall be on file with the city, and shall be maintained by the city.
   
2. Designation Of Recharge Areas And Protection Zones:
   1. The following recharge areas and protection zones are hereby designated within the city:
      1. Protection zone 1 shall be the area within a one hundred foot (100') radius from the well or spring, or outside margins of the collection area.
      2. Protection zone 2 shall be area within a two hundred fifty (250) day ground water TOT to the margin of the collection area, the boundary of the aquifer which supplies water to the ground water source (well or spring), or the ground water divide, whichever is closer.
      3. Protection zone 3 shall be the area within a three (3) year TOT to the margins of the collection area, the boundary of the aquifer which supplies water to the ground water source (well or spring), or the ground water divide, whichever is closer.
      4. Protection zone 4 shall be the area within a fifteen (15) year TOT to the margin of the collection area, the boundary of the aquifer which supplies water to the ground water source (well or spring), or the ground water divide, whichever is closer.
   2. In determining the location of properties and facilities within the areas and zones depicted on the drinking water source protection maps, exhibit 1, attached to the ordinance codified herein and on file in the city office, the following rules shall apply:
      1. Property located wholly or partially in a protection zone on the overlay map shall be governed by the restrictions applicable to that protection zone.
      2. Properties located within more than one protection zone as shown on the overlay map shall be governed by the restrictions applicable to the most restrictive protection zone.
   3. The boundary lines are to be interpreted liberally and shall be determined ultimately by the city.
3. Review Of Protection Zone Map: The protection zone map shall be reviewed at least one time every five (5) years, or more frequently if determined appropriate by the city. Failure to conduct this review shall not affect the validity of the existing approved maps. The basis for updating the maps may include, but is not limited to, the following:
   1. Changes in technical or scientific knowledge in the areas of geohydroloby, hydraulics and geology.
   2. Changes in well field configuration.
   3. Changes in pumping rates for the well field.
   4. Development of new wells, well fields and/or springs.
   5. Changes in water quality.

1. Releases: No person shall discharge or permit the discharge of any regulated substances or petroleum products, whether treated or untreated, to soils, air, ground water or surface water in any protection zone, that may have a deleterious effect upon the ground water in the city, unless the release is in compliance with federal, state and local regulations.
   
2. Review Of Development Plans: All development plans that lie within the area and protection zones 1, 2, 3 and 4 shall be reviewed by planning commission and city council. Any development that will result in a loss of the beneficial use of ground water or that may have an adverse or negative effect upon local ground water quality shall be rejected. Plans that are rejected may be revised by the developer and resubmitted to the city for subsequent review by a registered geologist. Developments that do not lie within the zones 1, 2, 3 and 4, may proceed with the development plan processing requirements of the city. The city shall be reimbursed for all expenses they incur in considering the request.
   
3. Permitted Uses: The following uses shall be allowed within the ground water protection zones:
   
   1. All Zones:
      1. Uses established before the effective date hereof and used continuously and in the same manner thereafter, which uses may continue but not be significantly expanded, subject to provisions of this chapter, provided any such use is not judged by any court of competent jurisdiction to be a nuisance under the provisions of federal, state or local laws or regulations.
      2. Use of single- or multiple-family residential dwellings, commercial or institutional uses established on or after the effective date hereof, connected to a sanitary sewer system.
      3. Uses incidental and accessory to the uses set forth in subsections C1a and C1b of this section.
   2. Zone 4:
      1. The tilling of the soil and the raising of crops, provided fertilizing and the use of pesticides is accomplished within federal, state and local guidelines.
      2. The pasturing of livestock, provided all forage is raised on the pastured area.
      3. Uses incidental and accessory to the uses set forth in subsections C2a and C2b of this section.
4. Prohibited Uses: Except uses established before the effective date hereof, and used continuously and in the same manner thereafter, which uses may continue, on or after the effective date hereof. The following uses or conditions shall be and hereby are prohibited within ground water protection zones, regardless of whether such uses or conditions may otherwise be included as part of a use allowed under other provisions of city ordinance:
   
   1. Zones 1 and 2:
      1. Sanitary sewer lines within one hundred feet (100') of a wellhead or spring collection area, unless it meets all federal, state and city regulations and requirements.
      2. Underground storage tanks.
      3. Storm water infiltration structures.
      4. Any "pollution source", as defined herein, or in R-309 of the Utah administrative code.
      5. Use of fertilizer unless prior written approval by city.
   2. Zones 1, 2 and 3: Agriculture industries, including, but not limited to, animal feeding operations of more than ten (10) animal units.
   3. All zones:
      1. Surface use, storage or dumping of hazardous waste or material, expressly including industrial or commercial uses of agricultural pesticides (except when such pesticides are used in farming applications within strict compliance of the manufacturer's recommendations of use, subject to approval and/or inspections by local officials).
      2. Sanitary landfills.
      3. Hazardous waste or material disposal.
      4. Septic tanks/drain field systems in zones 2, 3, and 4 on property within three hundred feet (300') of the city's sewer lines. Septic tanks on property farther than three hundred feet (300') from a city line may be considered by the city council upon review and recommendations of competent and appropriate water quality professionals retained by Nibley City. The goal of the recommendations would be to include appropriate measures to adequately safeguard the Nibley City drinking water.

1. Toxic, Hazardous And Other Materials Handling Regulations:
   1. The general classes to be regulated under this chapter shall be those set forth in the generic regulated substances list which is presented as exhibit 2, attached to the ordinance codified herein and on file in the city office. The regulated substances shall include those set forth in the most current lists, as amended from time to time, entitled identification and listing of hazardous materials (40 CFR part 261, subpart D) and list of extremely hazardous substances (40 CFR part 355, appendices A and B) and which are in a form that they are, all or in part, capable of entering the ground water.
   2. The use and storage of regulated substances in designated protection zones shall be allowed; provided, that the quantities of these substances do not exceed the "reportable quantity" for each regulated substance, as designated in 40 CFR 302 (pursuant to section 311 of the clean water act). An applicant may be exempted from the provisions of this section; provided, that he or she demonstrates to the department and to the Utah division of drinking water quality that the regulated substances pose no hazard to ground water.
2. Storage Containers:
   1. All regulated substances shall be stored in suitable containers to reduce the chance for the substances to be accidentally introduced into the environment. These storage containers shall be product tight and, except where provided elsewhere in this chapter, shall be provided with a means to control spillage (primary containment) and to contain or drain off spillage and fire protection water discharged in the storage area (secondary containment).
   2. Storage containers which are stored outside must be covered or mounted to prevent the accumulation of rain or other water on the top of the container, or the degradation of the top, sides or bottom of the container, in a manner that would lead to the reduction of the integrity of the container. Defective storage containers shall be removed from service for repair or disposal in accordance with local, state and federal standards.
3. Secondary Containment:
   1. Where secondary containment is required, it shall be constructed of a material of sufficient structural integrity and composition to contain the required capacity of liquids and not be structurally weakened as a result of contact with the discharge of the regulated substance to be contained. The material shall be free of cracks, joints, gaps or other imperfections which would allow leakage through the containment material.
   2. The secondary containment system shall have sufficient capacity to contain: a) ten percent (10%) of the volume of all containers and one hundred percent (100%) of the volume of the largest single container, whichever is greater; plus, b) the design flow rate of the automatic fire extinguishing system (for 20 minutes) for the area or room in which the storage is located. If the storage area and/or containment area are open to rainfall, the secondary containment system must also accommodate the volume of a twenty four (24) hour rainfall as determined by a twenty five (25) year storm frequency. Liquid that accumulates in the secondary containment system shall be removed in as timely a manner as necessary to prevent overflow of the system. Nonhazardous liquids may be drained in accordance with applicable local, state and federal regulations. If the collected material is a hazardous waste under title 40, part 261 of the code of federal regulations, it must be managed as a hazardous waste in accordance with all applicable requirements of parts 262 through 266 of that regulation.
   3. Vacuum suction devices, absorbent scavenger materials or other devices approved by the department, shall be present on-site or available to facilitate the removal or further containment of spilled regulated substances. Devices or materials shall be available in sufficient magnitude so as to at least control and collect the total quantity of regulated substances that the containment system is designed to contain. Emergency containers shall be present and of such capacity as to hold the total quantity of regulated substances plus absorbent material.
4. Regulated Substances Emergency Management Plan: An emergency plan shall be prepared and filed with the city recorder, the fire department, the police department and the public utilities department indicating the procedures that will be followed in the event of the release of a regulated substance so as to control and collect all such spilled material in such a manner as to prevent it from discharging into any storm or sanitary drains or the ground. Facilities which have had, or appear to have had, unauthorized discharges to soil or ground water shall be required by the department to submit a regulated substances management plan for the facility. The written plan will be used to demonstrate to the department that the facility owner or operator understands the procedures and has the proper equipment to handle regulated substances within the guidelines of this chapter. The plan should not be implemented without the approval of the department.
   
5. Reporting Of Sills: Any spill of a regulated substance in excess of the nonaggregate quantity thresholds established by the list of hazardous waste (40 CFR part 261, subpart D; 40 CFR appendix VIII-hazardous constituents and EPA designation reportable quantities and notification requirements for hazardous substances under CERCLA (40 CFR 302, effective July 3, 1986), shall be reported by telephone to the city and designated water utility within one hour of discovery of the spill. Cleanup shall commence immediately upon discovery of the spill. A full written report shall be submitted to the city within seven (7) days of discovery of the spill.
   
6. Best Management Practices: Under the provisions of this chapter, all potential contamination sources within the city's boundaries, shall incorporate and utilize best management practices (BMPs) in their operations. BMPs that reduce the potential for spills and leaks at a site to occur and enter ground water shall be construed within the context of this chapter to include, but not be limited to, structural and nonstructural practices, conservation practices and operating and maintenance procedures as specified by the Utah department of drinking water quality and the U.S. environmental protection agency.
   
7. Underground Storage Tanks:
   1. Installation of any new underground storage tanks used to store regulated substances for either residential or nonresidential activities in recharge areas and protection zones designated under provisions of this chapter, shall require a secondary containment system for the tank and associated underground piping, and an automatic leak detection system.
   2. A permit from division of environmental remediation and response shall be required for the removal or closure of USTs. The permit shall require that leaking tanks be pumped dry and removed from the ground by a state licensed company. If removal of the USTs is not feasible, the lines shall be disconnected and capped and the tank shall be filled with an inert substance such as washed sand.
   3. Best management practices implementation is required for all underground storage tanks.
8. Septic Tank Systems:
   1. No person shall place, maintain or operate on-site sewage disposal from a septic tank within the primary recharge area, zone 1, zone 2 or within three hundred feet (300') in which a public sewer is laid. Septic systems in zones 3 and 4 shall comply with the Utah state department of health care of waste disposal regulations, part IV and part V.
   2. Nonresidential activities which have septic tank systems shall have installed a four inch (4") diameter vertical pipe with a locked cap or locked top in the top of the septic tank. This monitoring pipe shall be located in a manner which will permit ready access by department personnel to extract representative samples to check for improper/unauthorized disposal of regulated substances.
   3. A septic holding tank that does not discharge into the soil would be preferred. The contents of a septic holding tank are removed, and can be treated or disposed of at an appropriate facility.
9. Sewage Collection, Transmission And Disposal:
   1. No person shall discharge treated or untreated sewage in any area not specifically designated for that purpose by the department. The owner or operators of any wastewater treatment plant, sanitary sewer, force main, gravity sewer or lateral shall notify the department within twenty four (24) hours of discovering a break that may or does result in the leakage of sewage. Emergency telephone numbers will be prominently displayed on all sewage lift stations within zones 1, 2, 3 and 4.
   2. All leaking sewage collection and transmission pipes shall be repaired or replaced. New sewage collection and transmission pipes shall be installed according to acceptable construction standards and shall have routine inspections during and after construction.
   3. No person shall place, maintain or operate a wastewater treatment plant within any zone.
10. General Storm Water Management:
    1. All future storm water management systems to be constructed and implemented for facilities within the protection zones shall be permitted in accordance with applicable local, state and federal laws and regulations.
    2. The discharge of storm water into drainage wells or open sinkholes shall be prohibited without some form of treatment. This treatment shall be applied to at least the first 0.5 inch of runoff from the area tributary to the well or open sinkhole.
    3. The clean water and storm water regulations require municipalities and industries to identify, monitor and limit urban runoff that may enter rivers, thus potentially affecting ground water quality.
11. Landfills: Expansion or creation of landfills is prohibited in the zones 1, 2, 3 and 4.
    
12. Environmental Quality Monitoring: Facilities which have had, or appear to have had, unauthorized releases to soil or ground water shall be required by the department to monitor soil and ground water in and adjacent to the facility. At the request of the department, the facility will submit a monitoring plan for department review. The plan shall be implemented with the approval of the department. Facilities that undergo closure may be required to monitor soil and ground water in and adjacent to the facility subject to closure. All costs associated with the closing and monitoring of the site will be paid for by the operator of the facility.

1. Exclusions: The following substances are not subject to the provisions of this chapter; provided, that these substances are handled, stored and disposed of in a manner that does not result in an unauthorized release or cause contamination of the ground water:
   1. Required substances stored at residences that do not exceed ten (10) pounds or five (5) gallons and used for personal, family or household purposes.
   2. Commercial products limited to use at the site solely for office or janitorial purposes when stored in total quantities of less than ten (10) pounds or five (5) gallons.
   3. Prepackaged consumer products available through retail sale to individuals for personal, family or household use, that are properly stored.
   4. Water-based latex paint.
   5. Fertilizers and treated seed (except as noted in this chapter).
   6. Required substances stored for residential uses for pesticide products and materials intended for use in weed abatement, pest control, erosion control, soil amendment or similar applications when applied in accordance with manufacture's instructions, label directions and nationally recognized standards.
   7. Compressed gases.
   8. Substances or mixtures which may pose a hazard but are labeled pursuant to the federal food, drug and cosmetic act.
2. Continuous Transit: The transportation of any regulated substances through any protection zone or recharge area shall be allowed; provided, that the transporting vehicle is in continuous transit.
   
3. Vehicular And Lawn Maintenance Fuel And Lubricant Use: The use of any petroleum product solely as an operational fuel in the vehicle or lawn maintenance fuel tank or as a lubricant in such a vehicle shall be exempt from the provisions of this chapter. These spent products shall be properly disposed of in compliance with applicable federal, state and local regulations.

1. Policies And Procedures: The policies and procedures for administration of any protection zone established under this chapter, including without limitation those applicable to nonconforming uses, exceptions, enforcement and penalties, shall be the same as provided in any existing ordinance in the city, as the same is presently enacted or may from time to time be amended.
   
2. Abrogation And Greater Restrictions: This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other restrictions, including land use codes or development regulations, conflict or overlap, whichever imposes the most stringent restrictions shall prevail.
   
3. Disputes: Disputes arising from the delineation of DWSP zones shall be directed to the drinking water source protection review committee to review specific detailed delineation maps showing the boundaries.
   
4. Review Of Chapter: The city, and the drinking water source protection review committee shall review the provisions of this chapter at least once every five (5) years, or more frequently if determined appropriate by the city, to determine its applicability and may incorporate changes as deemed appropriate.

Any person subject to regulation under this chapter shall be liable with respect to regulated substances emanating on or from the person's property for all cost of removal or remedial action incurred by the city and/or Bear River health department and for damages for injury to, destruction of, or loss of natural resources, including the reasonable cost of assessing such injury, destruction or loss from the release or threatened release of a regulated substance as defined by this chapter. Such removal or remedial action by the city and/or Bear River health department may include, but is not limited to, the prevention of further contamination of ground water, monitoring, containment and cleanup or disposal of regulated substances resulting from spilling, leaking, pumping, pouring, emitting or dumping of any regulated substance or material which creates an emergency hazardous situation, or is expected to create an emergency hazardous situation.

1. Inspections: The department shall be granted the right, under this chapter, to enforce the provisions of this chapter for the city. An authorized officer of the city or the Bear River health department has the right to conduct inspections of facilities to determine compliance with this chapter. The authorized officer or the Bear River health department shall inform the department and other city entities, as deemed appropriate, of the results of the inspection and whether violations were noted. The authorized officer of the city and/or Bear River health department shall enforce the provisions of this chapter. Noncompliance with the provisions of this chapter is a violation. If the facility is not complying with the requirements of this chapter, penalties (e.g., citations of noncompliance, orders to cease operations or administrative penalties) may be assessed. This chapter regulates businesses within the protection zones.
   
2. Violations; Notice:
   1. Whenever it is determined that there is a violation of this chapter or the regulations promulgated pursuant hereto, the notice of violation shall:
      1. Be in writing;
      2. Be dated and signed by the authorized city agent that made the inspection or determined the violation;
      3. Specify the violation or violations;
      4. Provide a specific date that the violations will be corrected by;
      5. State that if the violation is not corrected by a specific date a hearing may be required before the department.
   2. If a potential contaminant source (PCS) is out of compliance with the provisions of the chapter, but does not pose an immediate threat to public health, then a written warning of violation may be issued within thirty (30) days. The person has the opportunity to show a good faith effort to correct an unintentional violation within a reasonable amount of time. A cease and desist order shall be issued by the department if the PCS is found not to employ BMPs and there is an immediate threat to public health and safety or if the violation is not corrected within the time frame specified in a written warning previously issued to the PCS. In the event that the PCS fails to comply with a cease and desist order within the specified time period, the department has the authority to file a request for the department to initiate proceedings for issuance of penalties and other relief as necessary.
   3. Any PCS or person found in violation of any provisions of this chapter will be served with a written notice stating the nature of the violation and providing a reasonable time frame for compliance. Violations of the provisions of this chapter constitute a misdemeanor, punishable as provided by law. In the event of a spill, leak or discharge of a regulated substance which may pose a real and present danger of contaminating surface or ground water which would normally enter the public water supply, the department has the authority under this chapter to cause cessation of said activity or use of regulated substance, require administrative controls to mitigate said danger and/or cause the provision of pollution control and abatement activities. A facility is in violation of this chapter, if use of regulated substances in a protection zone exceeds twenty (20) gallons or one hundred sixty (160) pounds at any time. The total use of regulated substances may not exceed fifty (50) gallons or four hundred (400) pounds in any twelve (12) month period.

Persons cited under the enforcement provisions of NCC 15.06.100 shall be afforded a process for appealing the ruling of the department.

1. Unintentional Violation; Warning: If the appeal pertains to a written warning of violation requesting the PCS to correct an unintentional violation in a reasonable amount of time, the PCS can submit to the department a written statement demonstrating compliance or explaining a process for coming into compliance. This written response is required no later than thirty (30) days from the date of issuance of the warning.
   Cease And Desist Order: If the appeal pertains to a cease and desist order issued by the department, the PCS can submit a written appeal response no later than ten (10) days from the date of issuance of the order. The written appeal shall contain:
   1. Documentation of compliance; or
   2. Response to specific violations cited in the cease and desist order and the remedial actions planned to bring the facility into compliance; and
   3. Schedule for compliance.
2. Action; Hearing: Upon receipt of the written appeal, the department shall be required to review the appeal within ten (10) days of its receipt and respond to the PCS. If the department determines that the written response from the PCS is adequate and noncompliance issues are addressed, the PCS will be notified by mail and no further action is required. If the department determines that the appeals response is inadequate, the PCS may request a hearing before the department. This hearing shall be held within thirty (30) days of receiving the cease and desist order and shall remain in effect until the hearing is conducted.

BACK PRESSURE: The flow of water or other liquids, mixtures or substances under pressure into the feeding distribution pipes of a potable water supply system from any source other than the intended source.

No water service connection to any premises shall be installed or maintained by the city, or any other water utility, unless the water supplying the premises is protected as required by state and city laws and regulations.

It shall be the responsibility of the water consumer to purchase, install, test and maintain backflow prevention devices/assembly where necessary and to control cross connections. Certified inspections and operational tests shall be made at least once a year. Where the city deems the hazard to be great the consumer may be required to have such inspections and tests at a more frequent interval as prescribed by the city. All such tests shall be made according to the standard set forth by the Utah state department of health, bureau of drinking water and sanitation.

The building official of the city will review all plans for new construction to ensure that unprotected cross connections are not an integral part of the consumer's water system. If a cross connection cannot be eliminated, protection will be required by installation of an air gap or other approved backflow prevention device/assembly, in accordance with the Utah plumbing code as adopted. Water vacating the drinking water supply must do so by means of an approved air gap or mechanical backflow prevention assembly as required by said code.

Whenever the city deems a service connection's water usage contributes a sufficient hazard to the water supply, installation of an approved backflow prevention assembly shall be required on the lateral service line of the consumer's water system, at or near the property line, or immediately inside the building being served, but before the first branch line leading off the lateral service line in any event. The type of protective assembly required shall depend upon the degree of hazard existing at the point of cross connection (whether direct or indirect) so as to comply with local and state requirements. The city shall test all backflow prevention assemblies within ten (10) working days after their initial installation in order to determine their adequacy.

All backflow prevention assemblies existing at the time of adoption hereof but which do not meet the requirements hereof shall nonetheless be excluded from the requirements of this chapter, provided they were approved for the purposes described herein at the time of installation and have been properly maintained so as to function in the manner originally intended. Such previously existing assemblies nonetheless shall be subject to the periodic inspection and testing required by NCC 15.08.030. Whenever an existing assembly is moved to another location, or requires more than minimum maintenance, or where it is determined to constitute a hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting the requirements of this chapter.

The maintenance, including necessary repairs, for all backflow prevention assemblies and cross connection control devices required by this chapter shall be the responsibility of the consumer, and failure to adequately maintain any required equipment shall be a violation hereof. All installations and repairs of such equipment shall be effected by a certified journeyman plumber or other agent of the owner, provided in NCC 15.08.090 in either case.

A consumer's system shall be open for inspection at all reasonable times to authorized representatives of the city water department in order to determine whether cross connections or other structural or sanitary hazards, including violations of this chapter, exist. In order to determine that no backflow prevention assembly is installed in such manner as to create a safety hazard, the inspection shall include access to above ceiling areas, pits, paneled interior areas, or other locations where cross connections might exist.

All tests of mechanical devices/assemblies shall be conducted by a certified backflow technician who will be responsible for the competence and accuracy of all tests and reports. Such technician shall be responsible for the following:

1. Assure that acceptable testing equipment and procedures are used for the testing, repairing or overhauling of backflow prevention assemblies.
2. Make reports of such testing and/or repair to the consumer, the city, and the bureau of drinking water and sanitation on the form approved for such use by said bureau. Submit report to the city’s 3rd party Backflow Data Management Agency. within the time allowed by the bureau.
3. Include in all reports a list of any materials or replacement parts used.
4. Assure that replacement parts are equal in quality to original parts and that any testing, repair or replacement does not change the design or operational characteristics of the assembly.
5. Maintain his license in current condition and his testing equipment in proper operating condition.
6. Be equipped with, and competent to use, all necessary tools, gauges, and other equipment necessary to properly test and maintain backflow prevention assemblies.
   

Although failure of a consumer to be aware of this chapter shall be no defense to violation hereof, the city shall use reasonable means to notify consumers of the hazards of cross connection and the need for annual inspection of backflow prevention assemblies.

The water department shall keep reasonable records of cross connection hazards and the condition of backflow assemblies, including those records required by state and federal agencies.

Service of water to a consumer found to be in violation of this chapter shall be discontinued by the city after written notice of the violation, and appropriate time suspended for voluntary compliance, and the due process entitlements otherwise extended by the city before termination of water service. A violation exists if:

1. A backflow prevention assembly required by this chapter for control of cross connections is not installed, tested or maintained.
2. It is found that a backflow prevention assembly has been removed or bypassed.
3. An unprotected cross connection exists on the premises.
4. The periodic system inspection has not been conducted in accordance with NCC 15.080.50.
   Where written notification of a deficiency is provided by the city, in the event of a failure by the consumer to take the required corrective action within ten (10) days immediately discontinue service in accordance herewith. Water service will not be restored until all such conditions or defects are corrected.In addition to any penalty provided herein, violation of this chapter shall be a class B misdemeanor.

1. Purpose: It is the purpose of this chapter to:
   1. Protect, maintain, and enhance the environment of Nibley City.
   2. Establish responsibilities for controlling and managing stormwater runoff.
   3. Protect the public health, safety and the general welfare of the citizens of the city, by controlling discharges of pollutants to the city's stormwater system and to maintain and improve the quality of the receiving waters into which the stormwater outfalls flow, including, without limitation, lakes, rivers, streams, ponds, wetlands, and groundwater of the city and state.
   4. Enable the city to comply with the national/Utah pollution discharge elimination system (NPDES/UPDES) permit and applicable regulations, 40 CFR section 122.26, for stormwater discharges.
   5. Allow the city to exercise the powers granted by Utah Code, which provides that, among other powers municipalities have with respect to stormwater facilities, is the power by ordinance or resolution to:
      1. Exercise general regulation over the planning, location, construction, and operation and maintenance of stormwater facilities in the municipality, whether or not owned and operated by the municipality;
      2. Adopt any rules and regulations deemed necessary to accomplish the purposes of this statute, including the adoption of a system of fees for services and permits;
      3. Establish standards to regulate the quantity of stormwater discharged and to regulate stormwater contaminants as may be necessary to protect water quality;
      4. Review and approve plans and plats for stormwater management in proposed subdivisions or commercial developments, and other projects whether public or private;
      5. Suspend or revoke permits when it is determined that the permittee has violated any applicable ordinance, resolution, or condition of the permit;
      6. Regulate and prohibit discharges into stormwater facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated; and
      7. Expend funds to remediate or mitigate the detrimental effects of negatively affected land or other sources of stormwater contamination, whether public or private.
2. Administration; Responsibility: The city shall administer the provisions of this chapter. Nothing in this chapter shall relieve any person from responsibility for damage to other persons or property, nor impose upon Nibley City, its officers, agents or employees, any liability for damage to other persons or property.

For the purpose of this chapter, the following definitions shall apply. Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application.

Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of "Webster's Dictionary".

BEST MANAGEMENT PRACTICES OR BMPs: Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by Nibley City and have been incorporated by reference into this chapter as if fully set out herein. For purposes of this chapter, the relevant BMPs are more particularly defined in Nibley City stormwater master plan.

CGP PERMIT: Construction General Permit-This permit, regulated by the State of Utah Department of Environmental Quality (DEQ) Division of Water Quality (DWQ), covers all types of construction disturbances of an acre or more. This permit also covers non-residential disturbances less than an acre that are part of a common plan of development.

CITY: Nibley City or authorized designee.

CONSTRUCTION ACTIVITIES: Activities as defined in the stormwater construction permit.

CONTAMINANT: Any physical, chemical, biological, or radiological substance or matter in water.

CPP PERMIT: This permit, regulated by the State of Utah Department of Environmental Quality (DEQ) Division of Water Quality (DWQ), covers disturbances of an acre or less on a single residential lot that was subdivided for separate sale after Oct. 1992.NOT: Notice of Termination is the intended termination of permit coverage under the Construction General Permit (CGP) and/or Common Plan Permit (CPP).

DISCHARGE: Dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means including any direct or indirect entry of any solid or liquid matter into the municipal separate storm sewer system.

EASEMENT: An acquired privilege or right of use or enjoyment that a person, party, firm, corporation, municipality or other legal entity has in the land of another.

EROSION: The removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by anthropogenic activities or effects.

ILLICIT CONNECTIONS: Illegal and/or unauthorized connections to the municipal separate stormwater system whether or not such connections result in discharges into that system.

ILLICIT DISCHARGE: Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater and not specifically exempt under the current general permit for discharges from small municipal separate storm sewer systems issued by the Utah department of environmental quality.

MS4 PERMIT: This permit, regulated by the State of Utah Department of Environmental Quality (DEQ) Division of Water Quality (DWQ), is the general permit for discharges for small municipal separate storm sewer systems (MS4) permit, latest version.

MAINTENANCE: Any activity that is necessary to keep a stormwater facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the stormwater facility.MAINTENANCE AGREEMENT: A document recorded in the land records that acts as a property deed restriction, and which provides for long term maintenance of stormwater management practices.MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) (MUNICIPAL SEPARATE STORMWATER SYSTEM): The conveyances owned or operated by the municipality for the collection and transportation of stormwater, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, manmade channels, and storm drains.NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT OR NPDES PERMIT: A permit issued pursuant to 33 USC 1342.NOTICE OF VIOLATION (NOV): Whenever the city finds that a person is in noncompliance with this chapter, the city will order compliance by written notice of violation to the responsible person. Requirements in this notice are at the discretion of the city, and may include monitoring, payment to cover costs relating to the noncompliance, and the implementation of best management practices.PERSON: Any and all entities, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country.PREDEVELOPMENT: The status of an item prior to any modification (i.e., native condition).PROPERTY OWNER: Landowner of property within the boundaries of Nibley City.RUNOFF: That portion of water or precipitation on a drainage area that is discharged from the area into the municipal separate stormwater system.SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface.SEDIMENTATION: Soil particles suspended in stormwater that can settle in streambeds and disrupt the natural flow of the stream.STORMWATER: Stormwater runoff, snowmelt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration and drainage.STORMWATER CONSTRUCTION PERMIT: Stormwater general permit for construction activities, latest version as required by the Utah department of environmental quality, division of water quality.STORMWATER MANAGEMENT: The programs to maintain quality and quantity of stormwater runoff to predevelopment levels.STORMWATER POLLUTION PREVENTION PLAN (SWPPP): The set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of stormwater runoff to predevelopment levels during and after construction.STORMWATER RUNOFF: That portion of stormwater on a drainage area that is discharged from the area into the municipal separate stormwater system.STORMWATER UTILITY: The stormwater utility created by ordinance of the city to administer the stormwater management ordinance, and other stormwater rules and regulations adopted by the municipality.STRUCTURAL BMPs: Devices that are constructed to provide control of stormwater runoff.SURFACE WATER: Includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourses, lakes and reservoirs.UPDES: Utah pollution discharge elimination system.

1. Stormwater system design and construction documents shall conform to the standards adopted by the city.
   
2. Stormwater outfall design and water quality shall meet federal, state and local discharge requirements.

1. Erosion and sediment control practices on construction sites must meet the technical requirements as required in the stormwater construction permit.
   
2. Erosion and sediment control practices must be applied to all construction activities required by the stormwater construction permit including new development and redevelopment.
   
3. All construction activities listed under stormwater construction permit shall prepare an SWPPP in accordance with said permit.
   1. The SWPPP shall be submitted and reviewed by the city prior to application for said permit.
      
4. Erosion and sediment BMPs used for construction activities, listed on the SWPPP and sediment and erosion control plans shall protect water quality, reduce the discharge of pollutants, and control waste such as, but not limited to, soils, sediment, oils, discarded building materials, concrete truck washout, chemicals, litter and sanitary waste that may cause adverse impact to water quality.

1. Conformance: Operation and maintenance of stormwater facilities within the city shall be in conformance with the requirements of the most current versions of the MS4, CGP, and CPP permits as adopted by the State of Utah Department of Environmental Quality (DEQ), Division of Water Quality (DWQ). Construction Operators that are required to obtain coverage under the most current CGP or CPP permits shall obtain and maintain coverage for the duration of the project requiring coverage. Within 30 days of completion of a project requiring permit coverage, Construction Operators shall file for Notice of Termination (NOT) and request an inspection from the City indicating completion of the project and termination of permit coverage.
   
2. Access Easements: All stormwater infrastructure located on private land or that is to be accessed through private land, must have access easements for the purpose of inspection and repair. These easements must be binding on the current property owner and all subsequent owners, heirs and successors of the property and must be properly recorded in the land record.
   
3. Privately Owned Stormwater Infrastructure:
   1. Where the city chooses to not inspect, operate or maintain stormwater infrastructure, responsibility for the maintenance and repair of stormwater facilities shall be assigned to the owner of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation.
   2. Where stormwater infrastructure is not maintained or repaired within the prescribed schedule, the city shall perform the maintenance and repair at its expense, and bill the same to the property owner. In the event that payment is not made, the city's cost of performing the maintenance shall be a lien against the property.
4. Maintenance Easements: The applicant must ensure access to the site for the purpose of inspection and repair by securing all the maintenance easements needed. These easements must be binding on the current property owner and all subsequent owners, heirs and successors of the property and must be properly recorded in the land record.
   
5. Maintenance Agreement: The owner of property to be served by an on site stormwater management facility must execute an inspection and maintenance agreement that shall operate as a deed restriction binding on the current property owner and all subsequent property owners, heirs and successors. The maintenance agreement shall:
   1. Assign responsibility for the maintenance and repair of the stormwater facility to the owner of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation.
   2. Provide for annual inspection by the property owner for the purpose of documenting maintenance and repair needs and ensure compliance with the purpose and requirements of this chapter. The property owner will arrange for this inspection to be conducted by a registered stormwater inspector or registered professional engineer licensed to practice in the state of Utah who will submit a sealed report of the inspection to the city.
   3. Provide that maintenance needs must be addressed in a timely manner, on a schedule to be approved by the city.
   4. Provide that if the property is not maintained or repaired within the prescribed schedule, the city shall perform the maintenance and repair at its expense, and bill the same to the property owner. The maintenance agreement shall also provide that the city's cost of performing the maintenance shall be a lien against the property.
6. Dedication: The municipality shall have the discretion to accept the dedication of any existing or future stormwater management facility, provided such facility meets the requirements of this chapter, and includes adequate and perpetual access and sufficient areas, by easement or otherwise, for inspection and regular maintenance. Any stormwater facility accepted by the municipality must also meet the municipality's construction standards and any other standards and specifications that apply to the particular stormwater facility in question.

1. Scope: This section shall apply to all water generated on developed or undeveloped land entering the municipality's separate storm sewer system. Prior situations or conditions are not exempt from the requirements of this chapter.
   
2. Prohibition Of Illicit Discharges: No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of stormwater. The commencement, conduct or continuance of any nonstormwater discharge to the municipal separate storm sewer system is prohibited except as described in the MS4 permit.
   
3. Prohibition Of Illicit Connections: The construction, use, maintenance or continued existence of illicit connections to the separate municipal storm sewer system is prohibited.
   
4. Reduction Of Stormwater Pollutants By Best Management Practices (BMPs): Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, the BMPs necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity shall be deemed compliance with the provisions of this section.
   
5. Stockpiling Of Materials In City Rights Of Way: Stockpiling of materials in city rights of way shall be reviewed and approved by the city prior to placement. Approved BMPs associated with stockpiling of material must be implemented and shown on the SWPPP.
   
6. Notification Of Spills: In the event of a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, the person shall notify the city in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the city within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least five (5) years.
   
7. Cleanup Of Spills: Within the requirements of the law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into stormwater and/or the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.

1. Enforcement Authority: The city shall have the authority to issue notices of violation, stop work orders, and citations, and to impose the criminal and civil penalties provided in this chapter.
   
   
2. Notification Of Violation:
   1. Written Notice: Whenever the city finds that any person discharging stormwater has violated or is violating this chapter or a permit or order issued hereunder, the city will serve upon such person written notice of the violation. Within one business day of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the person to the city. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.
      1. Consent Orders: The city is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to subsections B,1,b and B,1,c of this section.
      2. Compliance Order: When the city finds that any person has violated or continues to violate this chapter or a permit or order issued thereunder, the city may issue an order to the violator directing that, following a specific time period, adequate structures, devices, etc., be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.
      3. Cease And Desist Orders: When the city finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the city may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
         1. Comply forthwith; or
         2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.

1. Infractions: In minor violations a penalty for infractions may be implemented. Such penalty shall be consistent with the severity of the violation and shall not exceed the amount listed on the current approved Consolidated Fee Schedule.
2. Criminal Penalties; First Offense: Any person violating the provisions of this chapter for the first time may be assessed a class C misdemeanor with a maximum fine per day for each violation as listed on the current approved Consolidated Fee Schedule.
3. Criminal Penalties; Second Offense: Any person violating the provisions of this chapter for the second time may be assessed a class B misdemeanor with a maximum fine per day for each violation as listed on the current approved Consolidated Fee Schedule.
   
4. Measuring Civil Penalties: In assessing a civil penalty, the city may consider:
   1. The harm done to the public health or the environment;
   2. Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
   3. The economic benefit gained by the violator;
   4. The amount of effort put forth by the violator to remedy this violation;
   5. Any unusual or extraordinary enforcement costs incurred by the municipality;
   6. The amount of penalty established by ordinance or resolution for specific categories of violations; and
   7. Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.
5. Recovery Of Damages And Costs: In addition to the civil penalty in subsection D of this section, the municipality may recover:
   1. All damages proximately caused by the violator to the municipality, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this chapter, or any other actual damages caused by the violation.
   2. The costs of the municipality's maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this chapter.
   3. Recovery of costs imposed on the city, including attorney fees, by state or federal entities.
6. Other Remedies: The municipality may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
   
7. Remedies Cumulative: The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted.

1. Appeals To The Appeal Authority: Any person aggrieved by the imposition of a civil penalty or damage assessment as provided by this chapter may appeal said penalty or damage assessment to the municipality's appeal authority.
   1. Appeals To Be In Writing: The appeal shall be in writing and filed with the municipal recorder or clerk within fifteen (15) days after the civil penalty and/or damage assessment is served in any manner authorized by law.
   2. Public Hearing: Upon receipt of an appeal, the municipality's appeal authority shall hold a public hearing within thirty (30) days. Ten (10) days' prior notice of the time, date, and location of said hearing shall be published in a daily newspaper of general circulation. Ten (10) days' notice by registered mail shall also be provided to the aggrieved party, such notice to be sent to the address provided by the aggrieved party at the time of appeal. The decision of the governing body of the appeal authority shall be final.
2. Appealing Decisions Of The Municipality's Appeal Authority: Any alleged violator may appeal a decision of the appeal authority. Any appeal of the appeal authority's decision must be made to the district court within thirty (30) days from when the written decision is made.

1. Purpose: To be in accordance with the MS4 permit, the city will conduct inspections to monitor all discharges to natural water bodies including lakes, rivers, stream and canals, stormwater controls and BMPs.
   
2. Scope: Inspections relating to the MS4 permit include, but are not limited to, illicit discharges, construction activities and postconstruction operation and maintenance of stormwater controls, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other BMPs either publicly or privately owned.
   
3. Access:
   1. Visual Inspections: Visual inspections by the city of discharges to natural water bodies, spills and stormwater related controls on private property within Nibley City limits are permitted by the city at any time.
   2. Other Inspections: When a visual inspection is not adequate to determine the extent of discharges to natural water bodies, spills or to determine the status of stormwater related controls on private property, real or suspect, the city will give twenty four (24) hours' notice of the inspection to take place and the extent of the inspection. Equipment and manpower necessary to perform the inspection will be allowed to access and work as necessary to determine the state of the situation.
   3. Emergency Inspections: During times of emergency including discharges to natural water bodies, spills or potential damage to life or property, real or suspect, the city may access the location of concern on private property as necessary and with the equipment required to determine the status of the situation. Reasonable attempts to contact the property owner prior to the inspection will be made prior to accessing private property.
4. Fees For Inspections: Fees for inspections shall be as adopted by resolution through the city council. See approved Consolidated Fee Schedule for fee amount.

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, 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 oft the costs of the park, 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, 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, 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, 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.

The Council hereby approves and adopts the Impact Fee Analysis, dated February 7, 2013, (Analysis) attached as ExhibitA 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.

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 15.12.050.
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.

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 park, culinary water and sanitary sewers in Nibley City's system. The fees imposed are as follows:

1. Facilities Impact Fee
   
   

   Parks Impact Fee	$4,500 per single-family unit $4,500 per multi-family unit
   Sanitary Sewer Impact Fee	$1,725 (1-inch meter) $3,450 (1 1/2-inch meter) $5,520 (2-inch meter) $10,349 (3-inch meter) $20,698 (4-inch meter) (Based on the size of the culinary water meter).
   Culinary Water Impact Fee	$1,950 (1-inch meter) $3,900 (1 1/2-inch meter) $6,241 (2-inch meter) $11,701 (3-inch meter) $23,403 (4-inch meter) (Based on the size of the culinary water meter).

2. 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 the same source as used in the Analysis.

Fee Exceptions and Adjustments

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.

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.

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.