North Logan City Zoning Code

1. The chief shall have the responsibility for the general supervision of the department.
2. During a fire, the Chief shall have full authority to take all measures as he shall deem necessary, subject to state law, to control and extinguish the fire and for that purpose he is hereby made a special peace officer.
3. The Chief shall at least quarterly, report to the governing body the condition of the fire equipment, the number of fires and their causes and the estimated loss therefrom together with such other information as the governing body may request or as he shall deem appropriate.
4. The Chief shall strictly enforce all of the provisions of the ordinances of this municipality relating to the protection against and prevention of fire.
5. The Chief shall maintain the equipment of the department in good repair and order and ready for use.
6. The Chief, subject to the approval of the Mayor and governing body, shall establish rules and regulations for the operation of the department.
7. The Chief may delegate his duties to any person employed by the department, but such delegation shall not relieve the Chief of his responsibility for the performance thereof.
8. The Chief shall cause all fires to be promptly investigated to determine the cause of the fire and report the cause of the fire, the time originated and such other information as may be relevant to prevent other fires.

1. Unless prohibited by state statutes or regulations, other City Ordinances, applicable declarations or closed fire seasons, or the order of a law enforcement officer, the City Fire Chief or his duly authorized agent, the following types of burning are permitted without a permit. 
   1. Fires in outdoor grills, fireplaces, or similar devices for the primary purpose of preparing food, provided the devices are not used for the burning of refuse, trash, garbage, or other waste in areas where there is a public or duly license disposal service available.
   2. Campfires and other recreational fires provided that such fires are attended and under the control of a responsible person and further provided that no such fire shall be permitted during any closed fire season as declared by the City Fire Chief, notice of which has been published once in a newspaper of general circulation in the county. 
   3. Fires in indoor fireplaces.
   4. Burning on the premises of combustible household wastes generated by occupants of dwellings of four family units or less in those areas only where no public or duly licensed disposal service is available.
2. A burning permit is not required for the burning of fence lines on cultivated lands, canals, or irrigation ditches where the burning will not pose a threat to forest, range, or watershed lands, provided due care is used in the control of the burning and that the individual notifies the nearest fire department of the approximate time the burning will occur.

1. It shall be unlawful for any person to leave any fire unattended whether on private or public property.
2. A fire shall be deemed "unattended" when any flame, live coals, or embers remain and the person or persons responsible for the fire have left the proximity of the fire either in distance or time that would preclude prompt suppression action by said person or persons.
3. Any fire on private or public property burning uncontrolled and without proper and adequate action being taken to prevent its spread is declared a public nuisance.

1. City permits shall be issued by the City Fire Chief or his duly authorized agent who shall be authorized to determine the appropriate application process and forms for the issuance of such permits. 
2. The City Fire Chief or his duly authorized agent is authorized to grant a permit orally to an applicant provided that the Fire Chief or his duly authorized agent make and maintain a written record of the permit including the name of the applicants; the burning site; the nature of the burning, anticipated time, and date of the proposed burning; and the time and date of the granting of the permit. 
3. The North Logan City Council may, at its discretion, establish fees by resolution for burning permits. Until such resolution is adopted, no fees shall be assessed.
4. Whenever there is probable cause to believe that there has been a violation of the provisions of this ordinance or state law as to any fire or if circumstances give reasonable concern for the safety of persons or property, the City Fire Chief or his duly authorized agent may, upon notice to any person having a permit temporarily suspend such permit pending a hearing before the North Logan City Council; provided that: 
   1. The City Council shall hold a review hearing, due notice of which has been given to the permittee and the owners of any property affected or likely to be affected by the affirmation, modification, revocation or cancel lation of any permit.
   2. At that hearing, the City Council, upon formal findings of fact, order that the permit be modified, revoked, or suspended and specify the reasons therefore in writing to the permittee and to the City Fire Chief. 

1. The responsibility for the enforcement of this ordinance shall be primarily in the City Fire Chief or his duly authorized agents or deputies and also in the North Park Police Chief or his duly authorized deputies in conjunction with the City Fire Chief.
   
2. If there is reason to believe that any fire presents or is likely to present a danger to persons or property, the above-designated officer shall have the authority to require the immediate suppression or prohibition of such burning pending further action by the City Fire Chief or City Council as the case may require. 

1. The International Fire Code shall be enforced by the bureau of fire prevention in the fire department of the municipality which is hereby established and which shall be operated under the supervision of the chief of the fire department.
2. 1. The chief of the fire department may detail such as Fire Marshal and inspectors as necessary.
   2. The chief of the fire department shall recommend to the Mayor, the employment of a Fire Marshal and technical inspectors, who, when such authorization is made, shall be selected through an evaluation of a resume and interview to determine their fitness for the position(s).
   3. The position(s) shall be open to members and non members of the fire department, and appointments made after evaluations shall be for an indefinite term with removal only for cause.
   4. The Fire Marshal shall under the direction of the Fire Chief administer the bureau of fire prevention and enforce the provisions of the International Fire Code as modified or amended by this ordinance and the State of Utah.
   5. During fire code enforcement, the Fire Marshal shall have full authority to take all measures as he shall deem necessary, subject to state law, to enforce the fire code and for that purpose he is hereby made a special peace officer.

1. The word "jurisdiction" as used in the International Fire Code, shall mean the boundaries of this municipality.
2. The term "legal representative" as used in the International Fire Code shall mean the attorney for this municipality.
3. The term “Fire Code Official” as used in the International Fire Code shall mean the Fire Chief, Fire Marshal or other designated authority charged with the administration and enforcement of the code, or a duly authorized representative.
4. The term “key box” shall refer to the “Knox Box” key system as the approved type of secured key box system within the jurisdiction.
   
5. The term “bulk storage of liquefied petroleum gas” shall refer to the storage of any amount of liquefied petroleum gas in a single vessel, or combined multiple vessels on the same property, with a capacity of more than 500 gallons.
   

1. Section 506 is changed to read as follows:
   
   506.1 All commercial buildings or residential complexes which contain an elevator, fire alarm system and/or a fire suppression system, or where immediate access to or within a structure or an area is restricted because of secured openings or the building is unoccupied or where immediate access is necessary for life-saving or fire department purposes a key box shall be installed in an accessible location approved by the fire code official. The key box shall be of an approved type and shall contain the keys, cards or combinations necessary to gain access as required by the fire code official.
   
   506.1.1 Locks. An approved lock shall be installed on gates or similar barriers when required by the fire code official.
   
   506.2 Key box maintenance. The operator of the building shall immediately notify the fire code official and provide the new key when a lock is changed or rekeyed. The key to such lock shall be secured in the key box.
   
   
2. Section 508.5.1.1 is added to read as follows:
   
   508.5.1. A fire hydrant shall be located within 100 feet of all fire department connections as approved by the fire code official.
   
   
3. Section 903.3.7.1 is added to read as follows:
   
   903.3.7.1 Location of Fire Department Connection (FDC). Fire department connections shall be located not more than 100 ft (30.5 m) from the nearest fire hydrant connected to an approved water supply.
   
   
4. Section 903.3.7.2 is added to read as follows:
   
   503.3.7.2 Locking Fire Department Connection (FDC) Caps. New fire sprinkler installations shall be equipped with locking FDC caps as approved by the fire code official. Existing fire sprinkler installations will require approved locking FDC caps when directed by the fire code official.
   
   
5. Section 905.1.1 is added to read as follows:
   
   905.1.1 Locking Fire Department Connection (FDC) Caps. New Class I and Class II standpipe system installations shall be equipped with locking FDC caps as approved by the fire code official. Existing Class I and Class II standpipe system installations will require approved locking FDC caps when directed by the fire code official.

1. The building inspector and the City Fire Chief or his duly authorized agent shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in the fire code.
2. The City Fire Chief or his duly authorized agent shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.

1. 1. Any person who shall violate any of the provisions of the International Fire Code or fail to comply therewith, or who shall violate or fail to comply with any order thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the governing body or by a court of competent jurisdiction within the time fixed herein shall, severally for each and every such violation and noncompliance respectively, be guilty of a Class B Misdemeanor.
      
   2. Imposition of one penalty for any violation shall not excuse the violation or permit it to continue.
   3. All persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
2. The application of the above penalty shall not be held to prevent the enforced removal of the prohibited condition.

1. The municipality may contract with the Bear River District Health Department on such terms and conditions as the parties may agree to enforce the provisions of this chapter and such other ordinances of this municipality which authorize or require action or impose any duty on the Board of Health.
2. The Board of Health shall adopt such rules and regulations as it shall deem necessary to govern its meetings and conduct.
3. The Board of Health shall review and approve all applications for permits to operate any business or engage in any construction for which a permit is required from the Board of Health pursuant to any ordinances or regulations of this municipality.
4. The Board of Health shall recommend to the Mayor for promulgation by the governing body such health rules, regulations, and ordinances as it deems necessary for the health of the persons within this municipality.

1. The Health Director may appoint or designate any qualified person to act as his assistant for the purpose of enforcing the ordinances of this municipality.
2. Subject to the terms and conditions of the contract between the Bear River District Health Department, the Health Director shall:
   1. Be the executive officer of the Board of Health.
   2. Enforce all ordinances of this municipality and the State of Utah which relate to the health and welfare of the residents of this municipality.
   3. Enforce all rules, regulations and ordinances relating to:
      1. Plumbing, sanitation, contagious infectious diseases, quarantine and sewage disposal.
      2. Producing, storing, keeping and selling meat, dairy or other foods or food products.
      3. The quarantine and disposal of all animals affected with any contagious or infectious diseases.
   4. Enforce the nuisance ordinances of this municipality within the duties and powers of that office. 
   5. Have the power to impose and maintain a strict quarantine of all infected persons and premises having contagious or infectious diseases, and to require such persons or premises to be disinfected.
   6. Have the right and authority, when he shall deem necessary to secure or preserve the public health, to enter into or upon any premises, building, or other places during the daytime to examine, analyze, or test any building, structure, premise, product or goods manufactured, stored, or kept within the municipality for the purposes of enforcing this chapter.

1. It shall be unlawful for any person, upon vacating or moving from any dwelling, storeroom, or other building, to fail to remove all garbage, rubbish, or ashes from such building or premises and the grounds appurtenant thereto, or to fail to place the same in a thoroughly sanitary condition within 24 hours after the premises are vacated.
2. In situations where rental property is so vacated, the owner of the property shall be concurrently responsible with the tenant thereof for compliance with this section.

1. It shall be unlawful for any person to discharge or permit the discharge of any sewage or filth from any premises into and upon any highway, stream, water course or public place, or into any drain, cesspool, or private wastewater disposal system which does not conform to standards established by the state division of health or by this municipality.
2. The Health Director may order a connection for sewage disposal to be made with the public sewer system provided by the municipality if such is available, provided that the public sewer system is within 300 feet of the premises.
3. The Health Director shall use all due measures to prevent the fouling of any streams, water courses, reservoirs, or any source furnishing water to any of the inhabitants of this municipality.

1. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:
   1. Backyard wildlife habitat certification shall mean certification by the Utah Department of Natural Resources under its backyard wildlife habitat programs recognizing a yard as having the necessary components to sustain the desired wildlife species.
   2. Brush pile shall mean an accumulation of cuttings or dead portions of trees and shrubs.
   3. City Administrator shall mean the North Logan City Administrator or the designated representative of the City Administrator.
   4. Compost shall mean a mixture consisting of decayed organic matter used for fertilizing and conditioning soil.
   5. Ditch shall mean any channel, either man-made or natural, to carry water for drainage or irrigation, including its access and/or maintenance easements on either side.
   6. Natural area certification shall mean certification by Federal or State natural areas recognition and certification programs,
   7. Open area shall mean real property designated as Open Space pursuant to the NLC Subdivision Code (12C – 204) or other open areas such as designated transition areas or any other undeveloped real property in single, common or joint ownership.
   8. Ornamental grasses shall mean, but not limited to, the ornamental grasses listed in the North Logan Design Standards Technical Manual (DSTM) and any other species of grass approved by the City Administrator that is customarily used for ornamental purposes and not as a turf grass.
   9. Owner or occupant shall mean the owner of record or any agent or representative of such owner and any person entitled, by lease or tenancy, to possession of the premises.
   10. Property shall mean in addition to the owner's lot or tract of land whether improved or vacant, the area to the center of an alley abutting the lot or tract of land, if any, all easements of record, and the side walk, curb, gutter and parking area of any street abutting such lot or tract of land.
   11. Refuse shall mean solid and liquid wastes, except hazardous wastes, whether decayable or non-decayable, combustible or noncombustible, organic or inorganic, including but not limited to wastes and materials commonly known as trash,garbage, debris or litter, animal carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings, glass, rags, discarded clothes or wearing apparel of any kind or any other discarded object not exceeding three (3) feet in length, width or breadth.
   12. Rubbish shall mean non-decayable solid wastes of a large size, including but not limited to large pieces of wood, large cardboard boxes or parts, large or heavy yard trimmings, discarded fence posts, crates, vehicle tires, junked or abandoned motor vehicle bodies or parts, scrap metal, bedsprings, water heaters, discarded furniture and all other household goods or items, demolition materials, used lumber and other discarded or stored objects three (3) feet or more in length, width or breadth.
   13. Weed shall mean an aggressive, non-native herbaceous plant detrimental to native plant communities or agricultural lands, including but not limited to the weeds listed in the North Logan Design Standards Technical Manual (DSTM) and any other type of noxious weeds designated by the Utah Noxious Weed Act as amended or Cache County Weed District.
   14. Yard shall mean the open space between buildings and property lines at the front, rear and sides of a property.
2. Weeds, Regulations.
   1. All weeds and un-mowed grasses required to be mowed under Subsection 2 and 3 of this Section, on a property within the City are hereby declared to be a nuisance and a menace to the health and safety of the inhabitants of the City.
   2. Except as is provided in Subsections 4 and 6 of this Section, it is unlawful for the owner of any property to permit weeds and grasses to grow upon such property to a height of more than six (6) inches; provided, however, that this Subsection 2 shall not be applicable to any ornamental grass so long as it is used solely, or in combination with any other ornamental grass or grasses, as a supplement to the property's overall landscaped area.
   3. Property owners that share a common boundary with Urban Wildland Interface Lands and open space shall modify the fuel load in areas adjacent to structures to create a fifty-foot (50’) defensible space.
   4. It is unlawful for the owner of any open area, ditch, ditch right-of-way or railroad right-of-way to allow the growth of weeds or grasses other than those grown for agricultural purposes upon such open area, ditch or right-of-way in excess of twelve inches (12”) in height. Agricultural stubble fields, ditch banks and fence lines can be burned upon the obtaining of a permit. All other property listed in this paragraph must be cut.
   5. It is unlawful for the owner or occupant of any property to permit the growth of noxious weeds as designated by the Utah Utah Noxious Weed Act as amended or Cache County Weed District regardless of height.
   6. An owner of a tract of land that has been certified as a natural area is permitted to have grasses growing in excess of twelve (12) inches high. This exception will be limited to the grass species and areas of the site identified with the certification document.
3. Brush Piles, Regulations. All brush piles within the City are hereby declared to be a nuisance and a menace to the health and safety of the inhabitants of the City.
   1. It is unlawful for the owner or occupant of any property to permit brush piles to accumulate on any part of the property except as provided in sub-paragraphs 2 or 3 below. Brush piles shall be removed within five (5) days of formation.
   2. Brush pile permits may be obtained from the North Logan City for seasonal and agricultural purposes that need to be in place for greater than five (5) days.
   3. An owner of a tract of land that has been certified as a backyard wildlife habitat may have a brush pile not to exceed eight feet (8’) by eight feet (8’) wide by three feet (3’) in height if it is permitted by the terms of the backyard wildlife habitat certification or the natural areas certification.
4. Refuse and Rubbish, Regulations. It is unlawful for the owner or occupant of any property to permit refuse and rubbish piles to accumulate on any part of the property. All refuse shall be stored for prompt disposal on the premises in refuse containers, and the storage area shall be kept free of loose refuse. Any refuse or rubbish which, by its nature, is incapable of being stored in refuse containers may be neatly stacked or stored for disposal within seven (7) days. The number and size of refuse containers shall be sufficient to accommodate the accumulation of refuse from the property. Containers shall be secured and placed where they are screened from view of the street and are not susceptible to being spilled by animals or wind or other elements.
   1. No person shall cause or allow the disposal of refuse and rubbish by burning except as permitted by the Utah Administrative Code Rule R307-202 as modified.
   2. The property owners and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that refuse will be prevented from being carried by the elements to adjoining premises. All refuse from construction or related activities shall be picked up at the end of each workday and placed in containers which will prevent refuse and rubbish from being carried by the elements to adjoining premises. No burning of refuse or rubbish on construction sites will be permitted.
   3. The accumulation of refuse and rubbish which constitutes or may create a fire, health or safety hazard or harborage for rodents is unlawful and is hereby declared to be a nuisance.
5. Other Waste No person shall, for a period longer than twenty-four (24) hours at any one time, store or permit to remain on any business, commercial or industrial premises owned or occupied by such person, any manure, refuse, animal or vegetable matter or any foul or noxious liquid waste which is likely to become putrid, offensive or injurious to the public health, safety or welfare.

1. Duty to Maintain Property. The owner or occupant of any premises within the City, whether business, commercial, industrial or residential premises, shall maintain the property in a manner which is safe to human life or health and which does not adversely affect property values. The owner or occupant will not permit the deposit or accumulation of materials other than those ordinarily attendant upon the use for which the premises are legally intended. If a property is used for a purpose (including, without limitation, a junkyard) which, by its fundamental nature, cannot be maintained as required above, then, in lieu thereof, such property, or any affected portion thereof, shall be completely screened from public view and from the view of any abutting property that is used for residential purposes.
   1. No owner or occupant of any premises which are adjacent to any portion of an open area, vacant lot, ditch, detention pond, storm drain or watercourse shall cause the accumulation of refuse, rubbish or storage of any material within or upon such adjacent areas.
   2. An occupant of any single-family or two-family residence may maintain a compost pile that is a separated area containing alternate layers of plant refuse materials and soil maintained to facilitate decomposition and produce organic material to be used as a soil conditioner. Any such compost pile shall be so maintained as to prevent it becoming a nuisance by putrefying or attracting insects or animals.
2. Outdoor Storage of Materials. No owner or occupant of any residential premises shall permit the outdoor storage on such premises of materials not customarily stored outdoors in residential neighborhoods, such as, but not limited to, construction materials, tires and household appliances, if such materials, whether or not sheltered or covered or within a carport or other partially enclosed structure, are visible from any public street, sidewalk, alley or from the ground level of abutting properties. The storage of materials within a garage or other fully enclosed structure shall not be considered outdoor storage for the purposes of this provision. Notwithstanding the foregoing, construction materials may be stored outdoors at the location of construction for which those materials are directly related for a period not to exceed nine (9) months, or for such a longer period of time as may have been approved by the city. The property where the construction materials are being stored must have a current and active North Logan City issued building permit for a structure being constructed on that same lot or parcel.
3. Outdoor Furniture Restrictions. Keeping upholstered furniture which is not manufactured for outdoor use in outdoor areas where such furniture is visible to neighbors and passersby in the public right-of-way is hereby declared to be a nuisance. Accordingly, no person shall place, use, keep, store or maintain any upholstered furniture not manufactured for outdoor use, including, without limitation, upholstered chairs, upholstered couches and mattresses, in or on any porch, patio or other unenclosed structure where such furniture is visible from a public right-of-way or from the ground level of adjacent property, and no property owner or property manager shall knowingly permit any such activity to occur on property owned or managed by such person. The following shall constitute specific defenses to any alleged violation of this Section:
   1. That such furniture was placed in the location in question in order to allow it to be moved during a move of a resident or residents of the premises or has been removed as part of a trash or recycling program on a day scheduled for such moving or removal.
   2. That such furniture was temporarily placed in the location in question in order that it be offered for sale at a yard or garage sale if each of the following conditions exists; provided, however, that this defense shall not apply if upholstered furniture is located in an outside location for more than two (2) days in any six-month period:
      1. The furniture is located in an outside location only between the hours of 7:00 a.m. and 5:00 p.m.;
      2. The person attempting to sell the furniture, or that person's agent, is outside during the period of the yard or garage sale in order to monitor the sale; and
      3. A sign is placed on or near the furniture indicating that it is for sale.

1. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:
   1. Offending property owner shall mean the record owner of the property where the social gathering or party, which has been determined to be a public nuisance under § 10-404(B) took place.
   2. Social gathering shall mean a party, gathering or event of five (5) or more persons who have assembled or are assembling for a social activity or for a special occasion.
2. Nuisance Gatherings Prohibited. A social gathering or party which is conducted on residential premises within the City and which, by reason of the conduct of those persons in attendance, results in the occurrence of any one (1) or more of the following conditions or events on neighboring public or private property: rioting; the unlawful carrying or possessing of an open container of alcohol or fermented malt beverage in public; public urination or defecation; the unlawful sale, furnishing, possession or consumption of alcohol or fermented malt beverages; the deposit of trash or litter; the destruction of property; the generation of pedestrian or vehicular traffic, standing or parking which obstructs the flow of traffic or interferes with the ability to render emergency services; excessive, unnecessary or unreasonable noise which disturbs the comfort, quiet or repose of the neighborhood, including public disturbances, brawls, fights or quarrels; or conduct or condition which injures, or endangers the safety or health of the neighborhood, or results in any indecent or obscene conduct, or results in any indecent exposure by persons attending the social gathering or party, is hereby declared to be an unlawful public nuisance.
3. Prohibited; penalty. Any person being the owner, occupant, tenant or otherwise having any possessory control, individually or jointly with others, of any privately owned premises who either sponsors, conducts or hosts a social gathering or party and knowingly permits such social gathering or party to become a public nuisance as defined by § 10-404(B) is hereby deemed to have committed a class B misdemeanor, and upon conviction may further be ordered, as a condition of any sentence, to pay the costs of abatement pursuant to § 3-604. In any prosecution for a violation of this Section, proof that the owner or tenant of the premises upon which the nuisance party occurred was present at the time of the violation shall constitute prima facie evidence that such person was in control of the premises, and sponsored, conducted or hosted the social gathering or party and knowingly permitted the violation to occur.
   1. All participants in any party or social gathering declared to be a public nuisance by a police officer shall cease participating and immediately disperse upon order of a police officer, and all persons not domiciled at the site of such social gathering or party shall leave the property immediately. Any person failing or refusing to obey and abide by such order commits a class B misdemeanor.
   2. Proof that a person convicted of a violation of this Section had attempted to disperse the participants at the social gathering or party, together with written verification that such person had initiated contact with The North Park Police Department for assistance, shall be a mitigating factor in determining an appropriate penalty and apportionment of the cost of abatement.

1. In order to interpret provisions of the Abatement of Dangerous Buildings Code and to hear appeals provided for thereunder, there is hereby established an abatement of dangerous building board of appeals consisting of five members who shall not be employees of the municipality.
2. The building official shall be an ex officio member of and shall act as secretary to the board.
3. The board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the applicant with a copy to the building official.
4. Appeals to the board shall be process in accordance with the provisions contained in the adopted codes.
5. Copies of all rules and regulations adopted by the board shall be delivered to the building official who shall make them accessible to the public without cost.

1. There is hereby established the position of nuisance inspector whose duties it shall be to enforce the provisions of this chapter. Until another person is designated, the Chief of Police shall enforce the provisions of this chapter. More than one person may be appointed to act as inspector under this section.
2. The nuisance inspector is authorized to:
   1. Perform all functions necessary to enforce the provisions of this chapter.
   2. Inspect or cause to be inspected, as often as needed, all buildings, structures, lots or places for the purpose of determining whether such are in compliance with the provisions of this chapter.
3. If he concludes there exists an objectionable condition in violation of this chapter, the inspector shall:
   1. Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions exist.
   2. Serve notice in writing upon the owner and occupant of such premises pursuant to NLMC 3-601. The property owner shall be given at least 14 days from the date in which the notice was postmarked or delivered to correct the objectionable condition. The notice shall:
      1. Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists.
      2. Inform the owner, occupant or other person that in the event he disagrees with the determination of the inspector and does not wish to comply with the provisions of the notice or that he objects to the factual or legal basis for the notice, he may request in writing a hearing before the governing body at a time and place to be set by the governing body. A written application for a hearing shall state the time with in which the person must conform to the provisions of the notice.
      3. Inform the person that in the event he fails or neglects to correct the objectionable condition the municipality will correct the objectionable condition and will collect the costs of so correcting the objectionable condition by either a court action, in which case he will be assessed such costs together with reasonable attorneys' fees and court costs, or will charge the cost of correcting the violation against the property as a tax.
   3. In the event the owner or occupant makes such request for a hearing, the governing body shall set the time and place for hearing objections and the Recorder/Clerk shall notify the owner, occupant or other persons in writing of the time and place at which they may appear and be heard. The hearing shall not be heard within less than five days from the date of service or mailing of the notice of hearing.

1. 1. At the written request of an owner, occupant or other person having an interest in property which is the subject of a notice to remove or abate weeds, objectionable conditions, or objects from the property, the governing body shall conduct an in-formal hearing (which need not be reported) wherein such person may present such evidence and argument as is pertinent to the question of whether or not the removal or abatement of the objects or conditions is properly within the purview of this chapter.
   2. The governing body shall also permit the presentation of evidence and argument by the inspector and other interested parties.
   3. Thereafter within not less than five nor more than ten days, the governing body shall over the signature of the Mayor or such other member of the governing body as it may designate render its written decision, a copy of which shall be mailed to or served upon the owner or other person to whom the original notice was given by the inspector.
2. In the event the decision of the governing body upholds the determination of the inspector, the notice originally given by the inspector as above provided shall be deemed to be sufficient to require the owner or occupant to remove or abate the objectionable objects or conditions, and he shall have up to ten days from the date of notice of the decision within which to conform thereto, unless additional time, not to exceed 30 days, is authorized by the inspector.
3. 1. In the event that the decision of the governing body either overrules or modifies the determination of the inspector, the written decision of the governing body shall apprise the owner or occupant of the fact and set forth the details and extent to which the owner or occupant must make removal or other abatement of the objectionable objects or conditions, if any.
   2. The owner or occupant shall be required to conform to the decision of the governing body within ten days after service or mailing of a copy of the decision, and the decision shall be deemed to be the modified decision of the inspector unless additional time is authorized by the governing body.
4. The inspector shall file an amended notice and proof of service of notice and file the same in the office of the county treasurer.

1. The inspector shall prepare an itemized statement of all expenses incurred in the removal and destruction of nuisances, and shall mail a copy thereof to the owner or occupant or both or to persons having an interest in the property, demanding payment within twenty days of the date of mailing.
2. The notice shall be deemed delivered when mailed by registered mail addressed to the last known address of the property owner, occupant, or persons having an interest in the property.

1. In the event that the inspector elects to refer the expenses of destruction or removal to the county treasurer for inclusion in the tax notice of the property owner, he shall make in triplicate an itemized statement of all expenses incurred in the destruction and removal of the same, and shall deliver the three copies of the statement to the county treasurer within ten days after the completion of the work of destroying or removing such weeds, refuse, garbage, objects or structures.
2. Thereupon the costs of the work shall be pursued by the county treasurer in accordance with the provisions of Section 10-14-4, Utah Code Annotated, 1953 as amended, and the recalcitrant owner shall have such rights and shall be subject to such powers as are thereby granted.

1. The commencement of criminal proceedings for the purpose of imposing penalties for violations of this chapter shall not be conditioned upon prior issuance of a notice or the granting to the defendant of an opportunity to abate or remove the nuisance.
2. The provisions of this chapter relating to notice and abatement shall be deemed merely alternative and additional methods of securing conformity to the provisions of this chapter.

1. Any owner, occupant or person having an interest in the property subject to this chapter who shall fail to comply with the notice or order given pursuant to this chapter shall be guilty of a Class C Misdemeanor for each offense for each and every day such failure to comply continues beyond the date fixed for compliance.
2. Compliance by any owner, occupant or person to whom a notice has been given as provided in this chapter shall not be admissible in any criminal proceeding brought pursuant to this section.

1. No person shall commence or change the location of an offensive business or establishment in or within one mile of the limits of this municipality without first filing an application for a permit to do so with the Recorder/Clerk.
2. Offensive businesses, within the meaning of this chapter shall include but not be limited to, packing houses, dairies, tanneries, canneries, renderies, junk or salvage yards, soap factories, foundries, breweries, distilleries, livery stables, blacksmith shops, or any other enterprise or establishment which creates excessive odors, fumes, smoke, gases, or noises.
3. The application for a permit shall specify the location at which the business or establishment is to be operated and maintained or the new location to which it is to be moved. The application shall describe the type of activity which will be conducted and describe the manner in which the business or establishment shall eliminate, control, or modify the emission by the business of the undesirable odors, fumes, noises, and other noisome features and the manner in which it shall be screened from public view, if its appearance is offensive.

1. The Recorder/Clerk shall cause a study to be made of the proposed business or relocation of any offensive business or establishment by the Board of Health and by personnel engaged in the inspection of buildings and other facilities. A report and recommendation shall b made to the governing body. The governing body, after review, may grant to the applicant an opportunity to be heard and present additional facts. Thereafter the governing body may:
   1. Deny the application.
   2. Recommend a modification thereof.
   3. Grant a limited permit to enter into the business or make the change of location subject to the requirement that the business or facility conform to standards established by the governing body with reference to controlling the offensive features of the business.
2. In the event a permit is granted, it shall be subject to revocation either upon failure of the operator or owner to conduct his business in the manner specified by the governing body at the time of the granting of the permit, or because a change of circumstances makes the continued operation or maintenance of the business or facility a public nuisance.
3. The governing body shall have power to revoke or modify the permission to operate and maintain the business in such a manner as it deems necessary for the public good.

1. The governing body may require an investigation of any existing offensive business or facility to determine whether or not it should be permitted to remain in existence in or within one mile of the municipal limits. If the governing body determines that the continuation of the business or facility has become a nuisance to persons situated within the municipal limits or that ample control is not being exercised to minimize the creation of excessive odors, fumes, smoke, gases, and noise, it shall notify the owner or operator thereof that the governing body is considering revoking or modifying the operator's license.
2. If the governing body decides to require a modification of the manner in which the business or facility is to be maintained, it shall specify the standards or specifications to which the enterprise must conform or other- wise lose its license to engage thereafter in the business or activity.

1. The governing body shall have the power to prohibit or control the location and management of any offensive, unwholesome business or establishment in or within one mile of the municipality and may compel the owner of any pigsty, privy, barn corral, fur-bearing animal farm, feed yard, poultry farm, or other unwholesome or nauseous house or place, to cleanse, abate or remove the same.
2. The governing body may on its own initiative and shall, on complaint of a member of the public, examine the operation, control or location of any business or facility for the purpose of determining whether or not the operation of such business or facility should be improved so as to minimize the offensive and unwholesome characteristics or whether the business or activity should be moved or abated.
3. In the event that the governing body decides that the business or facility should be abated, removed, or controlled, it shall notify the owner or operator of the business or facility of such fact.
4. After a hearing, the governing body may issue a limited license wherein it may prescribe the specifications and standard which must be followed by the business or facility in order to be permitted to continue in operation.
5. Upon a determination by the governing body that the business or facility is a nuisance, it shall have power to order the abatement or removal of the facility or establishment. If the owner fails to conform to such order, the governing body shall have power to bring all necessary legal proceedings to force removal, abatement, or adherence to standards.

Persons placing litter in authorized receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements on any street, sidewalk or other public place or on private property.

1. Contractors and any others owning or responsible for construction sites must maintain areas under construction in such a way as to keep litter from scattering. A receptacle which has the ability to hold the litter must be maintained on site for this purpose or construction debris and litter must be covered in such a way to prevent it from being carried or deposited elsewhere by the elements.

1. No person or business shall post, stick, stamp, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public, or upon any side- walk, curb, or any other portion or part of any public way or public place or any lamp post, electric light, telegraph, telephone or railway structure, hydrant, shade tree or tree-box, or upon the columns, trusses, girders, railings, gates or other parts of any bridge or other public structure of building, or upon any pole, box or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States, or state, and the ordinances of this municipality.
2. It shall be unlawful to distribute indiscriminately to the public by leaving at houses or residences in the municipality any cards, circulars, handbills, samples of merchandise, or any advertising matter whatsoever without having first secured a permit thereof. This section shall be construed to apply to the sale of articles by licensed peddlers.
3. Applications for such permit shall be made to the Recorder/Clerk and shall contain a statement of the nature of the article, cards or advertisement to be distributed, the name of the applicant and the name of the manufacturer or distributor of such article or service advertised.
4. Licenses shall be issued only to persons of good character. The Chief of Police shall make or cause to be made an investigation into the character of each applicant and shall report the results thereof to the Recorder/Clerk before any such license is issued.

1. The municipality has the authority to protect the drinking water distribution system conditions leading to the possible contamination or pollution of the drinking water system due to the backflow of contaminants or pollutants into the drinking water supply.
2. The municipality has the authority to make drinking water system surveys inspections of the consumer’s water distribution system(s).
3. The building inspector has the authority to enforce the applicable sections of the Plumbing Code at the point of service (downstream or consumer side of the meter) and continues throughout the developed length of the consumer’s water system.

1. North Logan City shall be responsible for the protection of the drinking water distribution system from the foreseeable conditions leading to the possible contamination or pollution of the drinking water system due to the backflow of contaminants or pollutants into the drinking water supply.
2. Drinking water system surveys/inspections of the consumer’s water distribution system(s) shall be conducted or caused to be conducted by individuals deemed qualified by and representing North Logan City. Survey records shall indicate compliance with the State of Utah Regulations. All such records will be maintained by North Logan City.
3. North Logan City shall schedule and notify, in writing, all consumers of the need for a the periodic system survey to ensure compliance with existing applicable minimum health and safety standards.
4. The municipality will prepare and mail a survey in the form of a questionnaire to each consumer.
5. Survey records shall indicate compliance with the health and safety standards mentioned in subsection C of this section. North Logan City will determine, from the consumer’s survey, if it appears that the health and safety standards mentioned in subsection C of this section are met, and if an on-site inspection is needed. North Logan City shall cause such inspections to be conducted by individuals deemed qualified by and representing North Logan City.
6. Selection of an approved backflow prevention assembly for containment control required at the service entrance shall be determined from the results of the system survey and/or the on-site inspection.
7. The building inspector will review all plans for new construction or remodeling to ensure that unprotected cross connections are not an integral part of the consumer’s water system. If a cross-connection cannot be eliminated, it must be protected by the installation of an air gap or an approved backflow prevention device/assembly, in accordance with the Utah Plumbing Code.

1. Compliance with this chapter is a term and condition of water supply. The consumer’s acceptance of service is admittance of his/her awareness of his/her responsibilities as a water system user.
2. The consumer will complete the inspection of his/her system and will return the survey in a timely manner, at the consumer’s expense.
3. It is the consumer’s responsibility to see that any drinking water vacating his water system does so via an approved air gap or via an approved mechanical backflow prevention assembly, properly installed and in accordance with the Utah Plumbing Code.
4. It shall be the joint responsibility of the consumer and the consumer’s plumber to purchase, install, and arrange testing and maintenance of any backflow prevention device/assembly required to comply with this ordinance. Failure to comply with this ordinance shall constitute grounds for discontinuation of service.

1. The plumbing official’s responsibility to enforce the applicable sections of the plumbing code begins at the point of service (downstream or consumer side of the meter) and continues throughout the length of the consumer’s water system.
2. The plumbing official will review all plans to ensure that unprotected cross connections are not an integral part of the consumer’s water system. If a cross connection cannot be eliminated, it must be protected by the installation of an air gap or an approved backflow prevention device/assembly, in accordance with the adopted Plumbing Code as adopted by the State of Utah.
3. Plumbers installing consumer water system(s); and/or installing, testing, or repairing backflow prevention devices in the municipality must do so in accordance with the Utah Plumbing Code.
4. Plumbing officials are to report any possible cross-connection they may discover to the Building Inspector of the municipality.
5. Any plumber violating this chapter may have his business license revoked and will be subject to other penalties as given in Section 10-908(D) of this chapter.

1. Whether employed by the consumer or a utility to survey, test, repair, or maintain backflow prevention assemblies, the certified backflow technicians, purveyors or repair persons will have the following responsibilities:
   1. Certified Backflow Technicians, Purveyors, or Repair Persons.
      1. Ensure that acceptable testing equipment and procedures are used for testing, repairing or overhauling backflow prevention assemblies.
      2. Make reports of such testing and/or repair to the consumer and the water purveyor on forms approved for such use by the water purveyor within time frames as described by the Division of Drinking Water.
      3. Include the list of materials or replacement parts being used on the reports.
      4. Ensure that replacement parts are equal in quality to parts originally supplied by the manufacturer of the assembly being repaired.
      5. Not changing the design, material or operational characteristics of the assembly during testing, repair or maintenance.
   2. Certified Technician.
      1. A certified technician shall perform all tests of the mechanical devices/assemblies and shall be responsible for the competence and accuracy of all tests and reports.
      2. A certified technician shall ensure that his/her license is current, the testing equipment being used is acceptable to the State of Utah, and is in proper operating condition.
      3. A certified technician shall be equipped with, and be competent to use, all necessary tools, gauges, test tags, and other equipment necessary to properly test, and maintain backflow prevention assemblies.
      4. The certified technician conducting the test must tag each double check valve, pressure vacuum breaker, reduced pressure backflow assembly and high hazard air gap, showing the serial number, date tested and by whom. The technician's license number must also be on the tag.
2. In the case of a consumer requiring an assembly to be tested, any currently Certified Technician is authorized to make the test and report the results of that test to the consumer and the water purveyor. The installation, replacement, relocation, or repair of assemblies must be made by a tester having appropriate licensure from the Department of Commerce, Division of Occupational and Professional Licensing, except when the Backflow Technician is an agent of the assembly owner.

1. Policy.
   1. No water service connection to any premises shall be installed or maintained by the Water Purveyor unless the water supply is protected as required by State laws, regulations, codes, and this ordinance. Service of water to a consumer found to be in violation of this ordinance shall be discontinued by the water purveyor after due process of written notification of violation and an appropriate time suspense for voluntary compliance if:
      1. A backflow prevention assembly required by this ordinance for control of backflow and cross connections is not installed, tested, and maintained; or
      2. If it is found that a backflow prevention assembly has been removed or by-passed; or
      3. If an unprotected cross connection exists on the premises; or
      4. If the periodic system survey has not been conducted. Service will not be restored until such conditions or defects are corrected.
   2. The customer's system(s) shall be open for inspection at all reasonable times to authorized representatives of the water purveyor to determine whether cross connections or other structural or sanitary hazards, including violation(s) of this ordinance exist, and to audit the results of the required survey (Section 10-903B).
   3. Whenever the public water purveyor deems that a service connection’s water usage contributes a sufficient hazard to the water supply, an approved backflow prevention assembly shall be installed on the service line of the identified consumer’s water system, at or near the property line, or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line. This shall be at the consumer’s expense. The following conditions shall also be subject to the installation of an approved backflow prevention device:
      1. In the case the premises having an auxiliary water supply which is not or may not be safe bacteriological or chemical quality and which is not acceptable as an additional source by the superintendent, the public water system shall be protected against all backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard.
      2. In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard.
      3. In the case of premises having: 1) internal cross connections that cannot be permanently corrected and controlled; or 2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impractical or impossible to ascertain whether or not dangerous cross connections exist, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line.
   4. The type of protective assembly required under subsection A(3) of this section shall depend upon the degree of hazard which exists at the point of cross connection (whether direct or indirect), applicable to local and state requirements or resulting from the required survey.
   5. All presently installed backflow prevention assemblies which do not meet the requirements of this section but were approved assemblies for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under subsection A(6) of this section, be excluded from the requirements of these rules so long as the water purveyor is assured that they will satisfactorily protect the public water system. Whenever the existing assembly is moved from the present location or requires more than minimum maintenance, or when the water purveyor finds that the operation or maintenance of this assembly constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting the local and state requirements at the consumer’s expense.
   6. It shall be the responsibility of the consumer at any premises where backflow prevention assemblies are installed to have certified surveys/inspections, and operational tests made at least once per year at the consumer's expense. In those instances where the Public Water Purveyor deems the hazard to be great, he may require certified surveys/inspections and tests at a more frequent interval. It shall be the duty of the public water purveyor to see that these tests are made according to the standards set forth by the State Department of Environmental Quality, Division of Drinking Water. 
   7. All backflow prevention assemblies shall be tested within ten (10) working days of initial installation.
   8. No backflow prevention assemblies shall be installed so as to create a safety hazard. Examples: these assemblies shall not be installed over electrical panels, directly adjacent to steam pipes or boilers, in difficult-to-access pits, or above ceilings, etc.
   9. It is unlawful for a consumer or other person to tamper with, modify, or cause to be modified any cross-control device or other part of the consumer’s distribution system, such that contaminants may be introduced into the municipality’s drinking water system.
   10. Spraying Policy; Permit Required: Commercial or private spraying or flushing unites that handle poisons, sewage, or other substances deemed a hazard by the city on a case by case basis, cannot be filled by any fire hydrant or service connection such as a hose bib, unless an approved air gap connection has been properly installed on the equipment, and a current water use permit has been issued by the city.
       1. A usage fee will be charged through a water use permit to regulate and inspect commercial or private spraying or flushing units that handle poisons, sewage, or other substances deemed a hazard by the city, for proper installation of air gap and piping connection. The water use permit will include a fee good for one year only. All commercial or private sprayer or flushing units will be required to have a current permit to operate or full units in the city. All commercial or private sprayer or flushing units are required to be inspected by the city. See North Logan’s Fee Schedule under Bulk Water Hazard Unit Inspection Fee for official fine amounts.
          
2. Violations - Service Shutoff. If violations of this ordinance exist or if there has not been any corrective action taken by the consumer within ten (10) days of the written notification of the deficiencies noted within the survey or test results, then the public water purveyor shall deny or immediately discontinue service to the premises by providing a physical break in the service line until the customer has corrected the condition(s) in conformance with the State and municipality statutes relating to plumbing, safe drinking water supplies and the regulations adopted pursuant thereto. Service may be restored with the consumer paying the costs associated with the reconnection and any other reconnection service fees.
3. Financial Liability. An consumer or other person who knowingly or unknowingly contaminates the municipality’s drinking water system because of an illegal cross-connection is liable for all costs associated with the contamination. These costs may include, but are not limited to, clean-up costs, consequential damages, and any punitive damages allowed under municipality, state or federal law.
4. Penalty. Any person violating any of the provisions of this ordinance may be fined on an escalating fee schedule for each offense or lack of compliance. Each warning period of violation shall be deemed to be a separate offense. Each location of a cross connection within an address will be treated as a separate offense. The Program Administrator reserves the right to escalate the level of offense due to the deemed hazard of risk from an inspection. A varying date of required compliance will be enforced depending on the degree of hazard; this will be the first warning. Failure to comply within the dictated amount of days may result in water discontinuation and an imposed fine. A second written warning notice may be given at the time of water discontinuation. At the time of the second written warning, another time frame will be imposed to bring the backflow prevention device into accordance with this ordnance. Failure to comply by this date will be met with an additional fine and any warnings hereafter. In order to avoid water discontinuation, the proper improvements or replacements must be installed, inspected and tested by a licensed inspector. A written test report must be submitted to North Logan before or on the date listed on the warnings. North Logan will then inspect the corrections once more before deciding to continue water supply to the consumer. See North Logan’s Fee Schedule under Cross Connection Control and Inspection Scale of Warnings for official fine amounts.

1. It is the purpose and object of this ordinance to establish reasonable and uniform limitations, safeguards and controls on excavation within the City. These provisions are deemed necessary in the public interest to effect practices which will provide protection of the tax base, provide for the economical use of vital materials necessary for our economy and give due consideration to the present and future use of land in the interest of promoting the public health, comfort, safety, community character and general welfare.
2. Any necessary alterations to the surface of land within the City which involves excavation on said land should be done in such a way as to minimize undesirable effects on surrounding or adjacent land. Excavated land should be reclaimed and rehabilitated so as to prevent conditions detrimental to the general health, safety and welfare of the residents of the City and to provide for the subsequent use of the excavated land. Reclamation and rehabilitation requirements must be adapted to the diversity of the topography, chemical, climatic, biologic, geologic, economic and social conditions of the area where the excavation takes place.

1. Excavation. For the purposes of this ordinance, excavation shall mean the removal of rock, sand, gravel, clay and any other soil by digging, leveling, scraping, blasting or any other process, together with all other types of mining or excavation operations where material is removed from the earth. The provisions of this ordinance shall not apply to the removal of sod to a depth in excess of four (4) inches per crop removal, and provided such removal will not adversely affect the drainage, stability and /or vegetation of the area. This ordinance shall not apply to ditching and land leveling for agricultural or recreational uses, or for site preparations for building a structure, subject to the following: Land leveling for purposes of this ordinance may include the removal of the resources referenced above, but any excavation for purposes if this ordinance which exceeds one thousand (1000) cubic yards per acre, or a proportionally equivalent amount for fractional acreage, shall be subject to the provisions of this ordinance. This ordinance shall also not apply to removal or other movement of rock, sand, gravel, clay or any other soil as done in the process of developing an approved subdivision.
2. Land. Land means the surface and subsurface of an area within the incorporated areas of the City where excavation operations are being or will be conducted, including but not limited to: on-site private ways, roads, the excavation site itself, exploration sites, drill sites or working, parking, storage areas; areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in such operations, are situated.
3. Off-site. Off-site means the land areas that are outside or beyond the boundaries of the on-site land which is owned or controlled by the owner or operator of the on-site land on or within which excavation operations are being or will be conducted.
4. On-site. On-site means the land on or within the boundaries of which excavation operations are or will be conducted by the owner or operator thereof.
5. Operator. Operator means any person, firm, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent or other legally existing entity, organization or representative of any kind, either public or private, owning, controlling or managing excavation operations or proposed excavation operations.
6. Owner. Owner means any person, firm, corporation, association, partnership or other legally existing entity, organization or representative of any kind, either public or private, owning, controlling or managing the land(s) employed in excavation operations or proposed excavation operations.
7. Public Road. Public road means any highway, road, street, alley, lane, court, place, viaduct, tunnel, culvert or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in an action for the partition of real property, and includes the entire areas within the public right-of-way or public road.
8. Rehabilitation. Rehabilitation means actions performed during and after excavation operations to shape, stabilize, revegetate or otherwise treat the land affected in order to achieve a safe, stable, ecological condition. The excavated lands will be rehabilitated to a usable condition which is readily adaptable to alternate land uses and creates no danger to public safety. These rehabilitated or reclaimed land areas will be consistent with the city land use plan in the immediate areas. The rehabilitation process may extend to affected lands surrounding the excavated lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization and other measures.

1. Any Excavation Conditional use Permit issued shall be subject to revocation or modification by the Planning Commission as set forth in Chapter 12C-500.
2. Modification of the Excavation Conditional Use Permit Plans. Modification of the Excavation Conditional Use Permit plans may be initiated either by the Planning Commission or by the permittee where minor revisions are sought for any portion of the approved Permit. Consideration of such revisions need not require a public hearing provided that, in the judgment of the Planning Commission, the proposed revisions would not constitute significant changes, and provided also that the Planning Commission has not determined, or the permittee has not expressly requested, that a public hearing be held.
   

1. Provision of Surety Before Operations Begin. After receiving notification that the application for an Excavation Conditional Use Permit has been approved, but prior to commencement of such operation, the operator shall provide surety to the City, in a form and amount to be fixed by the City Council, as recommended by the City Engineer, sufficient to secure the performance of the rehabilitation agreement.
2. Amount of Surety. In determining the amount of surety to be provided, the City Engineer shall consider factual information as to the magnitude, type and costs of approved rehabilitation activities planned for the land affected and the nature, extent and duration of operations under the excavation and rehabilitation plan. The City Engineer shall determine the amount of the surety reasonably related thereto, to protect the City and insure compliance with the requirements of the Excavation Conditional Use Permit; however, the amount of the surety shall not exceed one hundred-twenty-five percent (125%) of the estimated cost of rehabilitating the excavation. The surety shall be periodically reviewed to insure that the amount of the surety is capable of insuring adequate rehabilitation.
3. Form of Surety. In determining the form of surety to be provided, the City Council shall approve a method that is consistent with the requirements of this ordinance, which maybe one or a combination of corporate surety bond, land, cash, letter of credit or other deposited securities to which the City shall have immediate access in the event the owner/operator fails to or refuses to carry out and complete the necessary and required rehabilitation.
4. Releases of Surety. The liability under surety provisions shall continue until such time as released as to part, or in its entirety, by the City Council upon completion of the required rehabilitation. Partial releases may be allowed within the discretion of the City Council.
5. Forfeiture of Surety. If the owner/operator fails to or refuses to carry out the necessary land rehabilitation as outlined in the approved excavation and rehabilitation plans, the City may, after notice and hearing, declare any surety filed for this purpose forfeited, or in case of a corporate bond file suit against the owner or operator and his bonding company. The City shall also have the right to file suit against the defaulting permittee for violations of this ordinance or any permit granted, or for costs of rehabilitation and reasonable attorney fees. The City may also cause the required rehabilitation to be completed and be reimbursed or pay for such work out of the surety that was provided.

It is hereby found and declared by North Logan City that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the NFIP; and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately. Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval. APPROVED; ________________________________________________ (North Logan City Official) PASSED: _____________________________ (date)
I, the undersigned, __________________________________, do hereby certify that the above is a true and correct copy of an ordinance duly adopted by the _____________________________, (North Logan City) at a regular meeting duly convened on
__________________________. (date)
__________________________________________________ (City Recorder) (SEAL) EFFECTIVE: __________________________ (date) Updated (date)

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 source protection plans, 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 groundwater. This chapter shall be liberally construed to affect 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, 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 groundwater 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.

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

1. ABANDONED WELL: A well, the use of which has been permanently discontinued or is in such a state of disrepair that it cannot be used for its intended purpose or for observation purposes.
2. 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 a common area, or if they use a common system for the disposal of wastes.
3. 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.
4. BEST MANAGEMENT PRACTICES (BMPs): A practice or combination of practices determined to be the most effective practicable (including technological, economic and institutional considerations) means of preventing or reducing the amount of pollution to a level compatible with water, soil and air quality goals. Copies of BMPs are available at the state department of environmental quality, division of drinking water.
5. CFR: Code of federal regulations.
6. CITY: North Logan City, Utah.
7. CLOSURE: The cessation of operation of a facility, or any portion thereof, and the act of securing such facility, or portion thereof, to ensure protection of ground water in accordance with the appropriate state, federal and local regulations applicable to the specific facility and with the provisions of this chapter.
8. CODE: The code of ordinances of North Logan City.
9. CODE INSPECTOR: Any authorized agent or employees of the city whose duty is to assure code compliance.
10. COLLECTION AREA: The area surrounding a ground water source which is underlain by collection pipes, tile, tunnels, infiltration boxes, or other ground water collection devices.
11. CONTINUOUS TRANSIT: The nonstop movement of a mobile vehicle except for stops required by traffic laws.
12. COUNCIL: The City Council of North Logan City.
13. DWSP: Drinking water source protection.
14. DEPARTMENT: The individual, public agency, division or department designated by North Logan City to enforce the provisions of this chapter. For North Logan City, the department includes any or all of the following: city recorder, mayor, city council, planning commission, and Bear River Health Department.
15. DESIGN STANDARD: A control which is implemented by a potential contamination source to prevent discharges to the ground water. Spill protection is an example of design standard.
16. DISCHARGE: Means and includes, but not limited to, spilling, leaking, seeping, pouring, injecting, emitting, emptying, disposing, releasing or dumping regulated substances to the soils, air, ground waters or surface waters of the city. Release does not include the use of a regulated substance in accordance with the appropriate use intended or specified by the manufacturer of the substances; provided, that such use is not prohibited by federal, state or local regulations. Release shall not include releases specifically authorized by federal or state permits.
17. DRINKING WATER SOURCE PROTECTION REVIEW COMMITTEE: The city recorder, city engineer, public works director and mayor, whose purpose is to make determinations regarding delineation of protection areas and zones.
18. DRINKING WATER SOURCE PROTECTION ZONE: An area within which certain practices are mandated to protect groundwater flowing to public drinking water wells and/or springs.
19. DRINKING WATER SUPPLY SPRING: A drinking water spring to supply water which has been permitted or intended for consumptive use.
20. DRINKING WATER SUPPLY WELL: A drinking water well to supply water which has been permitted or intended for consumptive use.
21. EPA: The U.S. environmental protection agency.
22. EXTREMELY HAZARDOUSE SUBSTANCES. Those substances which are identified in the Code of Federal Regulations, Title 40, Chapter I, Subchapter J, Part 355, which can be found at: https://www.ecfr.gov.
    
23. GROUND WATER: Any water which may be drawn from the ground.
24. GROUNDWATER DISCHARGE AREA: An area where the direction of groundwater movement is upward from the principal aquifer to the shallow unconfined aquifer.
25. GROUNDWATER DIVIDE: A ridge in the water table or potentiometric surface, from which groundwater moves away in both directions.
26. GROUND WATER TOT: Time of travel for groundwater.
27. HANDLE: To use, generate, process, produce, package, treat, store or transport a regulated substance in any fashion.
28. HAZARDOUS WASTE: A hazardous waste as defined by the U.S. EPA.
29. LAND MANAGEMENT STRATEGIES: Zoning and non zoning controls which include, but are not limited to, the following: zoning and subdivision ordinances, site plan review, design and operating standards, development rights, public education programs, groundwater monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements, and so forth.
30. NONRESIDENTIAL: All activity that is not designated as residential.
31. OPERATING PERMIT: A permit to operate a facility handling regulated substances under this chapter. The permit will be approved by the city council.
32. PCS: Potential contaminant source.
33. PERSON: An individual, firm, partnership, corporation, association, joint venture, governmental entity or other legal entity, and shall include the plural as well as singular.
34. PETROLEUM PRODUCT: Shall include fuels (gasoline, diesel fuel, kerosene and mixtures of these products), lubricating oils, motor oils (new and used), hydraulic fluids, and other similar petroleum-based products.
35. PRIMARY RECHARGE AREA: The areas depicted on exhibit 1, attached to the ordinance codified herein and on file in the city office.
36. POLLUTION SOURCE: Point source discharges of contaminants to groundwater or potential discharges of the liquid forms of "extremely hazardous substances" which are stored in containers in excess of "applicable threshold planning quantities", as specified in SARA title III (SARA title III is the superfund amendment and reauthorization act, section found in 40 CFR 300-302 & 355). Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, class V underground injection wells, landfills, open dumps, land filling of sludge and septage, manure piles, salt piles, pit privies, and animal feeding operations with more than ten (10) animal units. The following clarify the definition of pollution sources:
    1. Animal Feeding Operation.
    2. Animal Unit.
    3. Extremely Hazardous Substances.
37. POTENTIAL CONTAMINATION SOURCE (PCS): 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.
38. PROTECTION ZONE: The delineation zones of the drinking water source protection zone, as summarized in this chapter.
39. PUBLIC WATER SYSTEM (PWS): A public water system provides water for human consumption through pipes or other constructed conveyances to at least 15 service connections or serves an average of at least 25 people for at least 60 days a year.
40. PWS: Public water system.
41. 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 groundwater, plants and animals).
42. REGULATORY: Any governmental agency with jurisdiction over "hazardous waste", as defined herein.
43. 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.
44. SARA TITLE III: The superfund amendment and reauthorization act section found in 40 CFR 300-302, pertaining to emergency response and right to know.
45. SANITARY LANDFILL: A disposal site where solid wastes, including putrescible wastes, or nonhazardous wastes, are disposed of on land by placing earth cover thereon.
46. 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.
47. 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.
48. 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.
49. SLUDGE OR BIOSOLIDS: The solids separated from wastewater during the wastewater treatment process.
50. 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.
51. 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.
52. SPRING: The ground surface outlet of a natural underground spring, including spring collection and control boxes, valves, piping and other attachments.
53. 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.
54. UAC: The Utah administrative code.
55. USGS: The United States geological survey.
56. 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, testing, acquisition, use, development, extracting water from, or the artificial recharge of subsurface fluids, and where the depth is greater than the diameter or width. For the purpose of this regulation this definition does not include geotechnical test; soil, telephone, and construction piling borings; fence posts, test pits, or horizontal closed loop heat pump circulation systems constructed within twenty (20) feet of the ground surface.
57. WELL FIELD: An area of land which contains one or more drinking water supply wells.
    
58. WELLHEAD: The upper terminus of a well, including adapters, ports, seals, valves, and other attachments.

1. Protection Zone Map: The extent of the protection zones may be seen on the 50 West Well and Green Canyon well protection zone maps 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 Source Protection Zones: The wellhead protection areas are surface and subsurface areas surrounding public water supply wells or well fields where the quantity or quality of groundwater moving toward such wells or well fields may be affected by land use activity. Such activity may result in a reduction of recharge or may lead to introduction of contaminants to groundwater used for public supply.
   
   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 the area within the a two hundred fifty (250) day groundwater time of travel (TOT) that creates the zone of influence of the well 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 groundwater divide, whichever is closer.
         
      3. Protection Zone 3: shall be the area within the a three (3) year groundwater TOT that creates the zone of influence of the well 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 groundwater divide, whichever is closer.
         
      4. Protection Zone 4: shall be the area within the a fifteen (15) year groundwater TOT that creates the zone of influence of the well 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 groundwater 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 geohydrology, 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, groundwater 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 the planning commission and city council. Any development that will result in a loss of the beneficial use of groundwater or that may have an adverse or negative effect upon local groundwater 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 groundwater 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. Zone 2:
      1. All properties located within Zone 2 (250-day zone of influence) of a culinary well must prevent the spill of extremely hazardous substances and are responsible for immediate remediation if a spill occurs. Any hazardous material with a capacity of 5 gallons or more must be stored in product-tight containers. Secondary containment is required for hazardous materials stored in Zone 2 in areas with exposed soils, have floor drains, or are located outside of a building or exposed to precipitation.
      2. No High-Risk activities shall be conducted in Zone 2 in accordance with Utah DEQ definition of high-risk facilities such as machine shops, fuel distribution, landfills, dry cleaners, industrial manufacturing, gas stations, petroleum storage and/or product development, chemical sales, distribution, storage, solid waste transfer stations, etc. without approved best management practices and standard operating procedures in place.
      3. Construction within Zone 2. Stormwater basins above ground must be lined to prevent infiltration. Sewer lines and Stormwater lines shall be constructed to remain watertight. The lines shall be deflection-tested in accordance with Rule R317-3. The lines shall be video-inspected for any defect after completion of construction and before being placed in service. The lines shall be air pressure tested to City recommended pressure. The sewer and stormwater pipe material shall be:
         1. high density polyethylene (HDPE) pipe with a PE3408 or PE4710 rating from the Plastic Pipe Institute and have a Standard Dimension Ratio (SDR) of 17 or less, and each joint shall be fusion-welded; or
         2. polyvinyl chloride (PVC) pipe meeting AWWA Specification C900 or C905 and have a DR of 18 or less. PVC pipe shall be either restrained gasketed joints or shall be fusion-welded. Solvent cement joints shall not be acceptable. The PVC pipe shall be clearly identified when installed, by marking tape or other means as a sanitary sewer line; or
         3. ductile iron pipe with ceramic epoxy lining, polyethylene encasement, restrained joints, and a minimum pressure class of 200.
         4. The use of Oil Water Separators shall be allowed with City Staff approval. Oil water separators shall have gaskets connections, seals, and be pressure tested for compliance; access hatch for cleaning and maintenance; and best management practices and standard operation procedures submitted and approved by City Staff
   3. 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 groundwater 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;
      2. Storm Water lines within 100 feet of a wellhead or spring collection area;
         
      3. Underground storage tanks;
      4. Stormwater infiltration structures, including Class V injection wells;
      5. Geothermal wells;
      6. Sanitary landfills;
      7. Application Use of fertilizers, herbicides or pesticides without following standard best management practices for application; and
      8. Any "pollution source" as defined herein or in R309-600 of the Utah Administrative Code.
   2. Zones 1, 2 and 3:
      1. Animal Feeding Operations over any portion of the lot or facility, including, but not limited to, animal feeding operations for more than ten (10) large animals, disposal of any animal waste, slaughterhouse, petting zoo, or riding stable.
         
   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 Staff upon review and recommendations of competent and appropriate water quality professionals retained by North Logan City. The goal of the recommendations would be to include appropriate measures to adequately safeguard the North Logan 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.

Exclusions and exemptions shall not pertain to zones 1 and 2 and within one hundred feet (100') feet from the well field and spring box.

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; and
      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.

Persons cited under the enforcement provisions of NCC 10.909 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.
2. 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.
3. 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.

1. Statutory Authorization. The city of North Logan, Utah elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The National Flood Insurance Program (NFIP) is a voluntary program administered by the Federal Emergency Management Agency (FEMA), a component of the U.S. Department of Homeland Security, and North Logan’s community officials have elected to join the program, participate, and enforce this Flood Damage Prevention Ordinance and the requirements and regulations of the NFIP. The NFIP, established in the aforesaid act, provides that areas of the city having a special flood hazard be identified by the FEMA, and that floodplain management measures be applied in such flood hazard areas. The National Flood Insurance Program was broadened and modified with the passage of the Flood Disaster Protection Act of 1973 and other legislative measures. It was further modified by the National Flood Insurance Reform Act of 1994. The NFIP is administered by the FEMA, a component of the U.S. Department of Homeland Security. Furthermore, North Logan City may elect to administer the Flood Damage Prevention Ordinance to areas not identified as Special Flood Hazard Areas (SFHAs) by FEMA on the community’s effective Flood Insurance Rate Map (FIRM), if the community has documentation to support that there is an inherent risk of flooding in such areas.
2. Findings of Fact
   1. The flood hazard areas of North Logan City, Utah are subject to periodic inundation by flood waters, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare of the inhabitants of North Logan City.
   2. These flood losses are caused by:
      1. the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities,
      2. by the occupancy of flood hazards areas by structures vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood-proofed or otherwise protected from flood damage, and
      3. uses deemed unsuitable for floodplain areas or that do not account for the increased flood risk.
         
3. Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare of the community and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
   1. Protect human life and health;
   2. Minimize public expenditure on flood control projects;
   3. Minimize the need for rescue and relief efforts associated with flooding and are generally undertaken at the expense of the public;
   4. Minimize prolonged business interruptions caused by flooding;
   5. Minimize damage to public infrastructure, including but not limited to utilities, streets, and bridges that are susceptible to flooding;
   6. Protect and safeguard the welfare and safety of first responders should an emergency response is needed;
      
   7. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and
   8. Promote that potential buyers are notified if properties are in a flood area.
4. Methods of Reducing Flood Losses
   1. In order to accomplish its purposes, this ordinance applies the following methods:
   2. Restricts or prohibits uses that are dangerous to health, safety, or property in times of flooding, or cause excessive increases in flood heights or velocities;
   3. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
   4. Controls the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;
   5. Controls filling, grading, dredging and other development that may increase flood damage; and
   6. Prevents or regulates the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards to other lands.

1. Authority. Whenever the floodplain administrator or other community official discovers any work or activity regulated by this ordinance being performed in a manner contrary to the provision of this ordinance, the floodplain administrator is authorized to issue a stop work order.
2. Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
3. Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by local or state law including but not limited to the penalties outlined in 10A-311 Penalties of Noncompliance.

In accordance with Section 59.2(b) of CFR 44, Chapter 1, of the NFIP regulation, to qualify for the sale of federally subsidized flood insurance, a community must adopt floodplain management regulations that meet or exceed the minimum standards of Section 60. “These regulations must include effective enforcement provisions.” In accordance with Section 60.1(b) of CFR 44, Chapter 1, of the NFIP regulations, “These regulations must be legally-enforceable, applied uniformly throughout the community to all privately and publicly owned land within flood-prone (i.e. mudflow) or flood-related erosion areas, and the community must provide that the regulations take precedence over less restrictive conflicting local laws, ordinances, or codes.” No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) may constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon written notice be issued a fine of $100 per day per violation. These administrative fines shall remain in effect until the violation is corrected.

1. The property owner or developer shall notify FEMA by submittal of a LOMR within 6 months of project completion when an applicant had obtained a CLOMR from FEMA or when development altered a watercourse, modified floodplain boundaries, or modified BFE.
2. The property owner or developer shall be responsible for preparing technical data to support the CLOMR or LOMR application and paying any processing or application fees to FEMA. The property owner or developer is responsible for submitting the CLOMR and LOMR to FEMA and shall provide all necessary data to FEMA if requested during the review process to ensure the CLOMR or LOMR is issued.
3. The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this ordinance and all applicable state federal, and local laws.

1. No alteration to a channel, river, stream, drainage way, or other watercourse shall diminish the flood-carrying capacity of that watercourse. The altered or relocated watercourse shall have the same or greater capacity as the original watercourse.
2. All proposals for a watercourse alteration require submittal of a floodplain development permit. The applicant shall submit a set of plans and calculations prepared by a registered professional engineer of the proposed alteration and its effect on flows. An applicant shall provide the following information. Additional information may be submitted and requested:
   1. Topographic map of the project area.
   2. A comparison of the existing and proposed channel capacity, including engineering calculations prepared by a registered professional engineer.
   3. A description of the proposed alteration extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
   4. Land use of adjacent properties.
   5. Description of any obstructions.
   6. Dimensions, specifications, and locations of any structures (bridges, culverts, water crossing, dams, dikes, levees, detention basins, etcetera).
   7. Photos of the area.
3. Prior to approval of the floodplain development permit, the applicant shall:
   1. Submit an application and obtain a CLOMR from FEMA.
   2. Notify adjacent communities, property owners and the and the State Coordinating Agency, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Floodplain Administrator and to FEMA.
   3. Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.

1. The land-use authority as established by the community shall hear and render judgment on requests for variances from the requirements of this ordinance.
2. Prerequisites for granting variances:
   1. Variances will not be considered for new construction of homes, businesses, or habitable areas. Variances may only be considered for the repair or rehabilitation of historic homes or the construction or repair of non-habitable structures, upon a determination that the proposed construction, repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
      1. These repairs/rehabilitation of historic homes or the construction or repair of non-habitable structures shall only be considered by the land-use authority of the City if it is determined that the granting of a variance will not result in increased flood heights, property damage due to flooding, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization/injury of the public, or conflict with existing local laws or ordinances.
      2. Any applicant to whom a variance is granted shall be required to notify their property insurer that the cost of flood insurance will be commensurate with the increased risk resulting from the proposed modifications to their structure/home.

Located within the SFHAs established in 10A-301 Lands To Which This Ordinance Applies, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified). If the community has elected a freeboard standard, then the lowest floor elevation must be elevated above the highest adjacent grade above the depth number specified in feet on the community’s FIRM (at least 2 feet if no depth number is specified) plus the freeboard height option selected below.
2. All new construction and substantial improvements of non-residential structures:
   1. Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified). If the community has elected a freeboard standard, then the lowest floor elevation must be elevated above the highest adjacent grade above the depth number specified in feet on the community’s FIRM (at least 2 feet if no depth number is specified) plus the freeboard height option selected below; or
   2. Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section.
4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.

Floodways located within SFHAs are extremely hazardous areas due to the velocity of flood waters that carry debris, potential projectiles, and erosion potential, the following provisions shall apply:

1. Designate a regulatory floodway that will not increase the base flood level more than 1 foot.
2. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase greater than 0.00 feet, unless higher standard option selected, in flood levels within the community during the occurrence of the base flood discharge.
3. All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V in this ordinance.
4. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the NFIP Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in BFEs, provided that the community first applies for a conditional FIRM and floodway revision through FEMA.

A Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure, or substantial improvement or addition complies with the following:

1. Residential Construction: The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to the elevation noted in 10A-502 (A) Residential Construction.
2. Nonresidential Construction: The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to the elevation noted in 10A-502 (B) Nonresidential Construction, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at the elevation noted in 10A-502 (B) Nonresidential Construction with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

A Critical Facility is a structure or related infrastructure, but not the land on which it is situated, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

1. Classification of Critical Facilities. It is the responsibility of the community to identify and confirm that specific structures in their community meet the following criteria: (a) Essential Services; (b) Hazardous Materials; (c) At-risk Populations; and (d) Vital to Restoring Normal Services.
   1. Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines.
   2. These facilities consist of:
      1. Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers);
      2. Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures but excluding clinics, doctors’ offices, and non-urgent care medical structures that do not provide these functions);
         1. Designated emergency shelters;
         2. Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables, and conduits);
         3. Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and
         4. Air Transportation lifelines (airports (municipal and larger), helicopter pads and structures serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars).
2. Specific exemptions to this category include wastewater treatment plants, non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.
3. Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the community that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this Article, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the community on an as-needed basis upon request.
4. Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials. These facilities may include:
   1. Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);
   2. Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;
   3. Refineries;
   4. Hazardous waste storage and disposal sites; and
   5. Above ground gasoline or propane storage or sales centers.
5. Facilities shall be determined to be Critical Facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the work place, AND the chemical(s) is/are stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered a Critical Facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 CFR § 302 (2010), also known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical. OSHA requirements for MSDS can be found in 29 CFR § 1910 (2010). The Environmental Protection Agency (EPA) regulation “Designation, Reportable Quantities, and Notification,” 40 CFR § 302 (2010) and OSHA regulation “Occupational Safety and Health Standards,” 29 CFR § 1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation of this ordinance, but exclude later amendments to or editions of the regulations.
6. Specific exemptions to this category include:
   1. Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.
   2. Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public.
   3. Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products.
7. These exemptions shall not apply to buildings or other structures that also function as Critical Facilities under another category outlined in this Article.
8. At-risk population facilities include medical care, congregate care, and schools.
   1. These facilities consist of:
      1. Elder care (nursing homes);
      2. Congregate care serving 12 or more individuals (day care and assisted living);
      3. Public and private schools (pre-schools, K-12 schools), before-school and after-school care serving 12 or more children);
9. Facilities vital to restoring normal services including government operations. These facilities consist of:
   1. Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance, and equipment centers);
   2. Essential structures for public colleges and universities (dormitories, offices, and classrooms only).
10. These facilities may be exempted if it is demonstrated to the community that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this ordinance, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the community on an as-needed basis upon request.

The community has elected to adopt Best Available Data, defined in 10A-301 Lands To Which This Ordinance Applies, to regulate floodplain development in addition to utilizing the effective FIRMs, FIS, and/or FBFM. Where Best Available Data contradicts the FIRMs, FIS, and/or the FBFM, the more restrictive data shall be utilized.

The city/town/county requires that the following Elevations Certificates be completed for any new residential or non-residential building construction:

1. Proposed Conditions: A proposed conditions Elevation Certificate is required to be completed by a professional and licensed engineer, surveyor, or architect as part of the Floodplain Permit package.
2. Finished Construction: a finished construction Elevation Certificate is required to be completed by a professional and licensed engineer, surveyor, or architect once the structure is completed, utilities are installed, and grading and landscaping has been completed.

All temporary structures associated with festivals, carnivals or other temporary uses placed on sites within Zones A1-30, AE, AH, AO, and A on the community’s FIRM or area that has been identified as a flood hazard area through the use of Best Available Data are required to:

1. Be on the site for fewer than 30 consecutive days;
2. Have a plan in place for the removal of the structure including a list of necessary supplies, tools, and resources needed to achieve the removal; and
3. Be capable of being removed within 6 hours.

All temporary storage of materials or equipment on sites within Zones A1-30, AE, AH, AO, and A on the community’s FIRM or area that has been identified as a flood hazard area through the use of Best Available Data are required to:

1. Be on the site for fewer than 90 consecutive days (recommended less than 30 days but not to exceed 180 days) and no more than 180 cumulative days within a calendar year;
2. Have a plan in place for the removal of the equipment or materials including a list of necessary supplies, tools, and resources needed to achieve the removal; and
3. Have proper documentation to support when the materials or equipment are moved on and off the site.

Any combination of repair, reconstruction, rehabilitation, addition, or improvement of a building or structure, if the cumulative cost of the entire project equals or exceeds 50 percent, unless a higher standard option is selected below, of the market value of the structure only (not of the structure and land value combined) before the improvement or repair is started then the work shall be considered as substantial improvement. If the structure has sustained substantial damage, any repairs are considered substantial improvements regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure only, unless a higher standard option is selected, before the damage occurred. This term also applies to structures which have incurred any damage that equals or exceeds 50 percent of the structure’s market value regardless of the actual repair work performed. When a structure or building has been determined as substantially damaged, any work or repair on said structure or building will be considered as substantial improvement and will be required to meet the development requirements set forth within this ordinance for substantial improvement.

For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the applicable community officials and staff, shall:

1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure only, not of land and building, before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure.
3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in 10A-501.3 Substantial Improvement.
4. Utilize FEMA’s Substantial Improvement/Substantial Desk Reference when making any determination on Substantial Improvement and/or Substantial Damage.
5. The substantial improvement regulations apply to all of the work that is proposed as the improvement, even if multiple permits are issued. Therefore, the determination of the cost of the improvement should consider all costs of all phases of the work before issuance of the first permit.
6. Notify the applicant that if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood, this ordinance is required.

New subdivision development proposals shall be designed, to the maximum extent practicable, so residential buildings sites, walkways, driveways, and roadways are located on land with a natural grade with elevation not less than the BFE and with dry land access.