North Logan City Zoning Code

1. Telecommunications Master Plan & Site Justification Study Required. For all new telecommunication facilities or structures, the applicant shall submit a Telecommunications Master Plan along with a completed application, and a Site Justification Study for each proposed telecommunications facility or structure. A Site Justification Study and Telecommunications Master Plan shall be submitted to the Planning Department, which will provide a review of the proposed project to ensure that the provisions of the North Logan City Code are being met. If the application is a co-location or stealth, go to Submissions Requirements for Telecommunications Facilities Allowed as a Permitted Use Chapter 13E-130 for application requirements. The Planning Commission shall perform the required Conditional Use Permit review for any application that requires a Conditional Use Permit. Any conflicts shall be submitted to the Commission. Said Planning Commission shall review, take public comment and render a decision by 1) approving the application, 2) approving the application with conditions, or 3) denying the application. The applicant shall request in written form what, if any, information submitted with application is to be kept confidential from public review.
2. Telecommunications Master Plan Requirements. Each company submitting an application for a Conditional Use Permit review shall complete a Telecommunications Master Plan. The Telecommunications Master Plan shall:
   1. Show where the applicant's proposed, existing, and future telecommunication facilities are within North Logan City. The Telecommunications Master Plan may be amended as needed by the carrier for future site applications.
   2. Show the number of possible co-locations that can be obtained on the proposed cell tower.
   3. Contain a copy of the applicant's current FCC license to the North Logan City Planning Department.
   4. Include an initial indication of where the road or access will be located to their proposed site. Prior to approval of a building permit, the applicant shall provide City Staff with a copy of recorded road easement(s) to the proposed site.
   5. Include a signed agreement, stating that the applicant will:
      1. Encourage co-location with other users, provided all safety, structural, and technological requirements are met. This agreement shall also state that any future owners or operators will allow co-location on the tower;
      2. Restore site to its former condition. (See Chapter 13E-106 - Non-Maintained or Abandoned Facilities),
   6. Include a security program or system that addresses unauthorized access and vandalism,
   7. Indicate the latitude and longitude of proposed telecommunications facility including any proposed tower location.
3. Site Justification Study Requirements. A Site Justification Study shall be completed for each telecommunications facility site. The Study shall include the following:
   1. Rationale
      1. An applicant proposing to erect a new telecommunications facility shall provide documentary evidence that a legitimate attempt has been made to locate the new telecommunications facility on existing buildings or structures or as a co-location on an existing antenna support structure. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or co-location sites in the radio frequency coverage area for the proposed telecommunications facility. Efforts to secure such locations may be documented through correspondence between the applicant and the property owner(s) of the existing buildings, structures or co-location sites.
      2. The Site Justification Study shall also include a description of the elevations, vegetation, and rock formations in the area, a description of the telecommunications facilities proposed to be placed on the site with technical reasons for their design and the efforts made to minimize impacts on the activities found on the land. The applicant shall provide City Staff with propagation information for the proposed site. The applicant shall demonstrate that the telecommunications facility complies with the North Logan City General Plan, as well as the required setback, and landscaping requirements of the zoning district in which they are proposed to be located.
   2. Co-location. The Study shall also examine the potential for co-location at existing or the proposed site. If co-location is not possible at an existing site or if the proposed new site is not available for co-location then the applicant shall include a written explanation of why co-location is not possible.
   3. Equipment Enclosures The Study must include a detailed written explanation and analysis, not limited to fiscal reasons alone, of the potential for the equipment enclosures to be either:
      1. Located in an existing building or
      2. Designed whereby the incorporation of stealth design technology or other visual screening is utilized that readily conceals the appearance of the equipment enclosures, or
   4. Visual Analysis On all new sites, applicant shall submit a detailed twenty-four by thirty-six inch (24”x36”) surveyed map, not more than one (1) inch equals one hundred (100) feet, which includes;
      1. The topography of the area (2 ft. elevations) in which tower and/or telecommunication facilities can be located while conti nuing to communicate with sister tower(s).
      2. Delineation of where telecommunication facilities can be placed so as to minimize:
         1. The placement of structures from being placed on slopes of thirty percent or greater; and,
         2. The intrusion of equipment enclosures from being silhouetted against the sky as seen from a public road; and
      3. Graphical illustration of the coverage of the proposed telecommunication facility. Once a site is located by the applicant and City Staff the applicant shall provide an illustration which can include photo simulation(s), field mock up(s) or other techniques, which illustrate all possible visual impacts of the proposed telecommunication facility. The analysis should consider views from public areas (streets, parks, etc.) and from private residences. The applicant(s) should identify all reasonable mitigation measures consistent with the technical aspects and requirements of the proposed telecommunications facility to ensure that hill cuts for roads are minimized and, the telecommunication facility can be hidden as best as possible to preserve the area’s character. All costs associated with this requirement are to be borne by the applicant.

1. Construction Standards, Building Codes and Safety Standards. To ensure the structural integrity of telecommunications facilities, the owner of a telecommunication facility shall ensure that it is constructed and maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunications facilities, as amended from time to time.
2. General Requirements: Height shall be minimized as much as reasonably possible. Height of the telecommunication facilities shall be measured from the existing grade to the top of the antenna support structure, or to the highest point of any portion of the telecommunications facility, whichever is greater. If the proposed site is a roof mount or wall mount the City may request that the study verify that the existing or proposed screening will screen telecommunications facility from view. 
3. Setbacks. Telecommunications towers constructed for telecommunication facilities shall have a setback from the parcel property line in accordance what the zone dictates, (See Chapter 12C-1004, paragraph Q, Modifying Regulations for Telecommunications Towers). The telecommunication facility shall be at least one hundred feet from any public trail, park, or outdoor recreation area. Guy wire anchors shall be set back at least twenty feet from any property line. Setbacks can be varied by Board of Adjustment upon review of application if the telecommunication facility can be hidden more appropriately by topography, vegetation, or existing structures, however, the affected adjacent land owner must approve of the proximity to their property line. If telecommunication facilities are located in non-residential zones or State-owned property, then they shall be allowed only in the rear yard area. 
4. Construction Standards.Towers must meet manufacturer’s specifications and plans must be certified by an engineer licensed in the State of Utah. Towers must meet the requirements of the Standard Building Code, as may be amended and adopted from time to time, relating to wind loads, and must be engineered or guyed so that in the event a tower falls it will collapse only within the property lines on which it is located. All towers must meet the standards contained in American National Standards Institute “Antenna Supporting Structures and Antennas” (ANSI/TIA-222-G-2005).
5. Signage. Warning signs shall be limited to non-illuminated warning and equipment identification signs. Allowed signage shall be classified as “On-Site Informational Signs” and regulated as such in accordance with the City’s Sign Ordinance.
6. Access Road. Design and construction shall be approved by the North Logan City Fire Marshall.
7. Intent to Use. All applicants who apply to build only a tower shall provide at least one (1) letter of intent from a telecommunications company, which will locate on the tower.
8. Screen Wall. Telecommunications Facilities shall be encircled by a six (6) foot tall masonry wall with colors consistent with surrounding structures

1. There is hereby created the position of superintendent of the Water Department.
2. The superintendent of the water system shall manage and supervise the municipal water system pursuant to the provisions of this part and pursuant to resolutions, rules and regulations adopted by the governing body from time to time prescribing his powers and duties and directing the manner and frequency with which he shall make reports to the Mayor relating to the water system.
3. All of the functions and activities of the superintendent shall be carried on under the direction of the Mayor.

Any person, other than a sub-divider or developer seeking multiple connections, who desires or is required to secure a new connection to the municipal water or sewer system or establish utility services for a new owner, shall file with the City Treasurer for each such connection a written and signed connection application in substantially the following form:

NORTH LOGAN CITY
APPLICATION AND AGREEMENT OF
OWNER FOR SINGLE FAMILY RESIDENTIAL
UTILITY SERVICES AND LIABILITY FOR RENTER

I/ WE, _________________________________, the undersigned, am/are the owner(s) of the property at __________________________________, North Logan, Utah. I/We hereby apply to North Logan City (City, hereafter) for water, and/or sewer and solid waste services (utility services, hereafter) at said premises, and hereby agree as follows:

1. In the event this Application relates to new construction, permission is requested to connect said premises to the City’s water / or and sewer systems. I/We agree to pay to the City such connection charges and fees as may be fixed by the governing body by resolution or ordinance, including a reservoir charge if so provided.
2. The work of connecting from the City main line to the property and the installation of the meter barrel and setter shall be my/our responsibility and shall be performed at my/our sole cost. The location of the meter, whether on said premises or at some point near said premises, may be decided solely by the city.
3. The connection so made by the City, including the meter, shall remain the property of the City. The City shall have access thereto at all times. Before making connection with the water system, I/we shall cause the plumbing upon my/our premises to be inspected by the City, and if the plumbing is not approved, I/we will case the plumbing to be rectified at my/our own expense to meet the requirements of the City.
4. It shall be my/our responsibility to retain a licensed plumber to make all sewer connection between the building drain and the municipal sanitary sewer main trunk line, materials and labor therefor being my/our sole responsibility. Such work shall be also inspected by the City and shall be done so as to conform with all applicable codes and regulations.
5. The purpose for which the water and/or sewer connection requested will be used is residential.
6. I/We agree to be bound by the rules, regulation, resolution and/or ordinances applicable to such utility services now in effect or as the same shall be lawfully amended or changed from time to time. I/We agree to pay the charges assessed for such utility services when due and at the rates as are fixed by the City, and for late charges on any balance (including principal, interest, and prior late charges) thirty (30) days or more in arrears, at the rate of 1.5% per month, which rate is subject to change by the City.
7. I/We agree to keep all taps, pipes, and other related devices though which water or sewer services may be obtained in proper repair. Agents and employees of the City shall at all reasonable hours have the right to enter said premises for purposes necessary and incident to this Agreement, to make excavations thereon, for the purpose of inspecting and repairing pipes or other appliances, for terminating utility services of disconnectings aid premises or any part thereof for non-payment of service charges, or for violation of the terms of this Agreement.
8. I/We acknowledge the City’s right to terminate utility services to said premises, in the event of my/our default in the performance of the terms hereof, pursuant to ten(10) days written notice of the municipality’s intention to do so and pursuant to applicable regulations. Utility services shall not be restored until all delinquencies and any reconnection fees imposed are paid in full and/or until any failure to conform to applicable regulations, ordinances and the terms of this Agreement are eliminated.
9. In the event I/we should lease said premises and they are occupied by a tenant, lessee or party other than the undersigned owner(s), the utilities account my be placed in the name of the tenant, lessee or other party, provided an Application and Agreement of Renter for Utility Services has been completed, a deposit of $50.00 paid and accepted by the City and provided the undersigned owner(s) agree (s) as follows:
   1. I/We agree to give the City at least ten (10) days’ written notice of the initial leasing of said premises and, when possible thereafter, to give notice to the City of any change of tenants or occupants at least ten (10) days prior to such change or, in any event, within ten (10) days thereafter.
   2. I/We further agree that in consideration of the acceptance of the application for utility service submitted by any present or future tenant or occupant of said premises specified herein, I/we will be responsible for and pay the charges assessed for all city utility services furnished to such tenant or any other occupant of these premises in case any tenant or occupant shall fail to pay for the same according to the ordinances, resolutions, rules or regulations of the City, and/or the tenant’s agreement with the City.
   3. The City shall have the right to terminate and restore utility services to the premises in the same manner and for the same resins as are set forth herein.
   4. This agreement must be signed and returned to comply with City Ordinance Title 13, and as a condition to the City supplying utility services to said premises.
10. I/We agree to pay for any damage to meters of other City property and equipment excepting normal wear, and I/we also agree that the City shall have the right to institute collection and/or enforcement proceeding by all means available to it, including suit in court of proper jurisdiction. I/We agree to pay all costs so incurred, including court costs, attorney’s fees, and collection fees.
    

DATE: ________________________, 20 _____. Service Address ________________________________________________
Owner’s Name__________________________________________ Telephone_____________________________________
Driver’s License No. _______________________________ State ___________ Date of Birth _______-_______-_________
Co-Owner and/or Spouse Name _________________________________________________________________________
Driver’s License No. ___________________________________ State ________ Date of Birth _______-_______-________
Mailing Address ______________________________________________________________________________________
Owner’s Employer & Address ___________________________________________________________________________
Business Phone __________________________________How Long Employed ___________________________________
Co-owner’s and/or Spouse’s Employer & Address ___________________________________________________________
Owner’s Nearest Relative & Address ______________________________________________________________________
Co-owner and/or Spouse’s ’s Nearest Relative & Address _____________________________________________________

_____________________________________                                     ________________________________________
Owner’s Signature                                                                                        Co-owner or Spouse’s Signature

1. I (We) agree to be bound by the rules, regulations, resolutions and/or ordinances applicable to such utility services now in effect or as the same shall be lawfully amended or changed from time to time. I (We) agree to pay to the City charges  assessed for such utility services when due and at the rates as are fixed by the City .
2.  I/We agree to pay the renter’s deposit in the amount of $ _______________ (asset by City Council resolution and listed in the Master Fee Schedule) and to be responsible to the City for the cost of all services provided to said premises, and for late charges on any balance (including principal, interest, and prior late charges) thirty (30) days or more in arrears, at the rate of 1.5% per month, which rate is subject to change by the City. The renter’s deposit shall not be considered as an advance payment for any services. Past due accounts shall be considered delinquent notwithstanding the existence of the deposit and the applicant or user of utility services shall not have the right to compel the municipality to apply the deposit to any account to avoid delinquency.It is agreed and understood that the municipality may, but need not, apply the deposit upon bills due for prior service. I (We) understand and agree that the right of the municipality to shut off service as herein provided shall exist even though the deposit has not been applied to the payment of past due bills for services. On final settlement of the applicant’s account, any unused balance of the deposit will be refunded to applicant upon return of the security deposit receipt issued by the municipality at the time deposit is made.
3. I/We agree to keep all taps, pipes, and other related devices though which water or sewer services may be obtained in proper repair. Agents and employees of the City shall at all reasonable hours have the right to enter said premises for purposes necessary and incident to this Agreement, to make excavations thereon, for the purpose of inspecting and repairing pipes or other appliances, for terminating utility services of disconnecting said premises or any part thereof for non-payment of service charges, or for violation of the terms of this Agreement.
4. I/We acknowledge the City’s right to terminate utility services to said premises, in the event of my (our) default in the performance of the terms hereof, pursuant to ten(10) days written notice of the municipality’s intention to do so and pursuant to applicable regulations. Utility services shall not be restored until all delinquencies and any reconnection fees imposed are paid in full and/or until any failure to conform to applicable regulations, ordinances and the terms of this Agreement are eliminated.
5. In the event I (we) should sublet or terminate my (our) lease, I (we) agree to notify the City thereof within ten (10) days of such sublease or termination and to continue to be responsible for all utility service charges until the City is properly notified and a new application and Agreement of Renter for Utility Services has been completed and accepted by the City, or until I (we) direct such service to be discontinued and all amounts due are paid in full.
6. I (We) agree to pay for any damage to meters or other City property and equipment excepting normal wear and I (we) also agree that the City shall have the right to institute collection and/or enforcement proceedings by all means available to it, including suit in a court of proper jurisdiction. I (We) agree to pay all costs so incurred, including court cost, attorney’s fees, and collection fees.
   

Information about Property Owner (Manager)
Property Owner’s Name _____________________________________ Telephone _________________________________
Mailing Address ______________________________________________________________________________________

Information about Renter
DATE: __________________, 20_____. Service Address ______________________________________________________
Renter’s Name _____________________________________________ Telephone _________________________________
Driver’s License No.______________________________ State ________ Date of Birth ________-________-____________
Co-Renter and/or Spouse’s Name ________________________________________________________________________
Driver’s License No.______________________________ State ________ Date of Birth ________-________-___________
Mailing Address______________________________________________________________________________________
Renter’s Employer & Address ___________________________________________________________________________
Business Phone _____________________________ How Long Employed_______________________________________
Co-Renter’s and/or Spouse’s Employer & Address ___________________________________________________________
Renter’s Nearest Relative & Address ______________________________________________________________________
Co-Renter and/or Spouse’s ’s Nearest Relative & Address_____________________________________________________

_____________________________                                                ______________________________
Renter’s Signature                                                                                Co-Renter or Spouse’s Signature

1. The rates, penalty fee for delinquency in payment, service fee for disconnection/reconnection, reservoir fee, inspection fee and other charges incidental to connection and services from the municipal water system shall be fixed from time to time by resolution enacted by the governing body. 
2. The governing body may from time to time promulgate rules for levying, billing, guaranteeing and collecting charges for water services and all other rules necessary for the management and control of the water system.
3. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established.

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

1. The Treasurer or water supervisor shall furnish to each user, or mail to, or leave at his place of residence or usual place of business, a written or printed statement stating thereon the amount of utility service charges assessed against him once each month or at such other regular interval as the governing body shall direct.
2. The statement shall specify the amount of the bill for utility services and the place of payment and date due. If any person fails to pay the utility charges within 30 days of the date due, the Treasurer or water supervisor shall give the customer notice in writing of intent to discontinue the service to the customer unless the customer pays the bill in full within ten days from the date of notice.
3. If the water service is thereafter discontinued for failure to make payment, then before the water service to the premises shall again be provided, all delinquent utility charges must have been paid to the treasurer or arrangements made for their payment in a manner satisfactory to the municipality as determined by the treasurer. In the event water is turned off for nonpayment of utility charges, then before the water service to the premises shall again be provided, the customer shall pay, in addition to all delinquent utility charges, an extra service fee for disconnection/reconnection charge at a rate determined from time to time by the City Council by resolution. The service fee for disconnection/reconnection is intended to cover the cost of both disconnecting the service and reconnecting it again once the customer’s account is current. Furthermore, in addition to such payments and penalties, a delinquent customer may be required to make and file a new application and deposit if the previous deposit has therefore been applied to the payment of delinquent bills. The Treasurer is hereby authorized and empowered to enforce the payment of all delinquent utility charges by an action at law in the name of the municipality.
4. Water service may be terminated at the request of the customer if the discontinuance is at least 60 days. Temporary discontinuance of service at the request of the customer will only be allowed if the residence is to be vacant. If the water service is discontinued at the request of the customer the customer shall pay a service fee for disconnection/reconnection as determined from time to time by the City Council by resolution. The fee shall be payable at the time of the disconnection. The service fee is intended to cover the cost of both disconnecting the service and reconnecting it again when the service is reestablished.

1. All service and other pipe used in conjunction with the water services of the municipality shall be of such material, quality, and specifications as the governing body may from time to time by resolution provide, and shall be installed at such distances below ground as may be specified by regulations relating to the Water Department. All work, alterations, or extensions affecting water pipes shall be subject to the acceptance of the water superintendent, and no connections with any water mains shall be made without first obtaining a permit therefore from the City Building Official.
2. No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the water superintendent and subject to such requirements relating to controls as may be imposed by him.

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

1. Users of water from the municipal water system shall not permit water to continue to run wastefully and without due efforts to conserve water. If, in the judgment of the water superintendent or of any of the officers of the municipality, a user of municipal water engages in practices which result in the needless waste of water and continues so to do after reasonable notice to discontinue wastefulness has been given, the superintendent or any officer may refer the matter to the governing body.
2. The governing body may thereupon consider terminating the right of the individual to use culinary water. If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate his water connection at least five days prior to the meeting of the governing body at which termination of water service is to be considered. The notice shall inform him of the time and place of the meeting and of the charges which lead to the consideration of the termination.
3. A water user whose right to utilize municipal water is being reviewed shall have opportunity to appear with or without counsel and present his reasons why his water service should not be discontinued.
4. After due hearing, the governing body may arrive at a determination. If the determination is to discontinue the wasteful water user's service connection, it shall notify him of the decision and of the period during which the service will remain discontinued.

1. Except as otherwise expressly permitted by this part, all structures, dwelling units, establishments and persons using water from the municipal water system must have such number of water meters connected to their water system as are necessary in the judgment of the superintendent to adequately measure use and determine water charges to the respective users.
2. Meters will be furnished by the municipality upon application for a connection, and upon payment of such connection fees and other costs as may be established by the governing body from time to time by resolution.
3. Meters shall be deemed to be and remain the property of the municipality. Whenever a dispute between superintendent and the property owner arises as to the appropriate number of meters to be installed on any premises, the matter shall be heard and determined by the governing body after due notice in writing to the parties involved.
4. The superintendent shall cause meter readings to be taken regularly and shall advise the Treasurer thereof for the purpose of recording the necessary billings for water service. 
5. Meters may be checked, inspected or adjusted at the discretion of the municipality, and they shall not be adjusted or tampered with by the customer. Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the municipality unless special permission is given by the municipality through its representatives to the customer to do so.
6. If a customer submits a written request to the superintendent to test his water meter, the municipality may, if under the circumstances it deems it advisable and in its discretion, order a test of the meter measuring the water delivered to such customer. If such request is made within twelve months after the date of the last previous test, the customer may be required to pay the cost of such test. If the meter is found in such test to record from 97% to 103% of accuracy under methods of testing satisfactory to the governing body, the meter shall be deemed to accurately measure the use of water.
7. If the municipality's meters fail to register at any time, the water delivered during the period of failure shall be estimated on the basis of previous consumption during a period which is not questioned. In the event a meter is found to be recording less than 97% or more than 103% of accuracy, the municipality shall make such adjustments in the customer's previous bills as are just and fair under the circumstances.
8. All damages or injury to the lines, meters or other materials of the municipality on or near the customer's premises caused by any act or neglect of the customer shall in the discretion of the municipality be repaired by and at the expense of the customer, and the customer shall pay all costs and expenses, including a reasonable attorney fee, which may arise or accrue to the municipality through its efforts to repair the damage to the meters or to other equipment of the department or collect such costs from the customer.

1. Applications for permits to make water connections or other alteration or for laying or repairing lines connected directly or indirectly to the municipal water system must be made in writing by a licensed plumber, his authorized agent, or by the owner of the premises who shall describe the nature of the work to be done for which the application is made.
   
   The application shall be granted if the superintendent determines that:
   1. The connection, repair, alteration or installation will cause no damage to the street in which the water main is laid, or that it will not be prejudicial to the interests of persons whose property has been or may thereafter be connected to the water main.
   2. The connection conforms to the ordinances, regulations, specifications and standards of materials required by the municipality.
All connections, alterations or installations shall be to the line and grade designated by the water superintendent.


2. Fees for permits or for inspection services shall be of such amounts as the governing body shall from time to time determine by resolution.

1. At the time the governing body decides whether or not to grant petition for an extension, it shall also decide whether or not any portion of the costs is to be refunded and the manner and circumstances under which such refund shall be made or credited to the applicant, his successors or representatives. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.
2. In the event any deposit remains unclaimed for a period of five years after the depositor has discontinued water service, the deposit may be forfeited and then transferred to the utility fund.

1. Applications for a permit for a sewer connection must be made to the office of the City Engineer by the owner of the premises or his authorized licensed plumber.
2. Application must be made at least one (1) day before any work is done and, if required by the City Engineer, must be accompanied by a complete plan showing line size, type of pipe, location of line and any other information required.
3. If the plan in all things shall conform to the ordinance of the city, including effluent monitoring, and pre-treatment facilities if deemed necessary, then the application shall be granted, subject to the provisions of this chapter, to any licensed plumber hired by the owner to install the line.

1. The City Engineer shall charge such connection, inspection or other fees for services provided by the city as set by the Municipal Council from time to time by resolution with the approval of the Mayor.
2. All roads excavated for main line extensions shall be backfilled and resurfaced in accordance with North Logan City standard specifications and shall be done at the contractor's or owner's expense.
3. The general policy of the City of North Logan is not to extend city sewer service to locations outside the city unless there is an emergency involving the health, safety, and welfare of persons and property, or unless to deny the service would impose severe financial hardships and said service can be extended without additional costs to the city.

1. A schedule of charges for services rendered by the municipal sewer system of North Logan City, Utah, shall be established by resolution by the City Council. Any commercial customer required to be connected to the sewer that uses water from a private well shall have a water meter installed to measure water consumption from the well, and this consumption shall be used to compute the sewage rate.
2. Units not classified in the above noted resolution will have rates set consistent with the above rates and proportionate to the service rendered after recommendation by the City Engineer and fixed by the Council Member in charge.
3. In cases where the nature of the sewage from any commercial or industrial plant, building or premises is such that it imposes an unreasonable burden upon the system, an additional charge shall be made therefore or the City Engineer may, if it is advisable, compel such plant, building or premises to treat such sewage in such manner as shall be specified by the City Engineer before discharging such sewage into the system.

1. Application for service from the municipal sewer system of the City of North Logan to any premises shall be made by the owner desiring such service, or his duly authorized agent.
2. When an application for service from the municipal sewer system of the City of North Logan shall be made by a tenant or the owner of any premises or property, as a condition of the granting of the application, the owner or his duly authorized agent shall thereby agree in consideration of the granting of such application by the City of North Logan that such owner will pay for all services furnished to such tenant or any occupant of the premises named in the application.
3. In the event any such tenant or occupant shall fail to pay for such services according to the terms and provisions of this ordinance, the owner of the property shall be liable and responsible for such services.
4. The application/agreement to be filed with the municipality shall be in substantially the below stated form:
   
   

APPLICATION FOR SEWER SERVICE
_________________
(Date)

TO THE MUNICIPALITY OF ______________________________________.

1. Billing for sewer service shall be consolidated with billing submitted for water service to those persons who are liable for the payment of charges for both such services.
2. Bills for sewer service and such consolidated bills shall be mailed at intervals as may be determined by the City Administrator according to the rates provided for in this ordinance, or in effect from time to time. 
3. Each such consolidated bill shall be paid in full as a unit and payment of one portion thereof shall not be permitted without payment of the remainder.
4. In the event that any such bill is not paid within thirty (30) days after the due date, such bill shall be deemed delinquent.
5. After ten (10) days delinquent and written notice, all water and sewer service to the premises concerned shall be immediately cut off.
6. If the water service is thereafter discontinued for failure to make payment of the sewer service charges, before the water service to the premises shall again be provided, all delinquent sewer charges must have been paid to the municipal treasurer or arrangements made for their payment that are satisfactory to the municipality.
7. In the event water is turned off for nonpayment of sewer charges, before the water service to the premises shall again be provided, the customer shall pay, in addition to all delinquent charges, such extra charge for turning the water on and off as the governing body may have established by resolution or ordinance.
8. If any person fails to pay his sewer charges within 30 days of the due date, the Treasurer or the sewer supervisor is hereby authorized to take all action necessary to enforce collection, including but not limited to the commencement of legal proceedings in a court of proper jurisdiction, seeking judgment for all the amount of the delinquent fees and service charges and all costs of collection, including court costs and attorney's fees. 

1. A "categorical pretreatment standard" shall mean any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with Section 307(b) and (c) of Federal Water Pollution Control act (Title 33 U.S.C., Sec. 1347) which applies to a specific category of industrial users.
2. A "regulated industry" shall mean an industrial user directly or indirectly discharging to the city sewer system that satisfied any of the following:
   1. has a flow of 50,000 gallons or more per average work day;
   2. has a flow greater than 5% of the flow carried by North Logan's sewer system;
   3. has in its waste a toxic pollutant in toxic amounts as defined under Section 307
      1. of the Clean Water Act of 1977 (Federal Register dated January 31, 1978); or
   4. is found by the city to have a significant impact on the treatment works or the quality of effluent from the city's treatment works.

1. It shall be unlawful for the owner or other person having charge of or occupying any property upon which a building shall have been or is being constructed for residential, commercial or industrial, use, any part of which building is within three hundred (300) feet of any street, alley or way in which a public sewer is then in existence and used in the city, to construct or permit to be constructed or to use, or to permit to be used, any privy vault, septic tank or cesspool connected with such building.
2. Each owner or other person shall, within sixty (60) days after having been given notice by the city that an accepted public sewer is ready to receive connections, cause such building to be connected with said sewer (except that if such building shall not at the time such notice is given have therein any toilet or toilets, the owner or other person having charge thereof or occupying such building shall have a period of two (2) years in which to connect it with such public sewer) and shall thereafter be unlawful for such owner or other person to have the plumbing in such building remain unconnected to the public sewer or to maintain or use or cause to permit to exist any privy vault, septic tank or cesspool to which said building is connected or which is used by the occupant thereof.
3. Whenever an accepted system shall cause appropriate notice to be served upon the owner, agent, or other person having charge of or occupying all property coming within scope of this section, that said public sewer is ready to receive connections therewith and then all plumbing must be connected with such sewer.
4. Whenever the owner, agent or other person having charge of or occupying any property coming within the scope of this section has been properly notified to make connection with an available public sewer and has not made or caused to be made such connection, or when such connection has been made but the connection charge there-fore has not been paid, any water and sewer service to such premises shall immediately be discontinued.

1. Any liquid or vapor having a temperature heated to a degree and in amounts which will inhibit biological activity in the publicly owned treatment works resulting in interference or which would cause the temperature of the wastewater entering the treatment works to exceed 104 F. degrees.
2. Any water or waste water containing solid or viscous substances in amounts which obstruct flow in sewers or interfere with the wastewater treatment system.
3. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas or any other pollutant which might create a fire or explosion hazard in the sewer collection or treatment.
4. Any garbage that has not been properly shredded.
5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
6. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity either single or by interaction with other pollutants, to injure or interfere with any seepage treatment process, constitute a hazard to humans or animals, create any hazard in the receiving waters of the sewage treatment plant, or to exceed the limitations set forth in a categorical pre-treatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307 (a) of the Federal Water Pollution Control Act.
7. Any waters or wastes containing suspended solids or other pollutants, including oxygen demanding pollutants, of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
8. Any noxious or malodorous gas or substance capable of creating a public nuisance.
9. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director of Public Works in compliance with applicable state or federal regulations.
10. Any substance which will cause a violation in the city's discharge permit or receiving water quality standards.

1. Upon the promulgation of federal categorical pre-treatment standards for a particular industrial category, developed pursuant to 40 CFR, Section 403.6 the federal standard, if more stringent than limitations imposed herein for sources in that category, shall immediately supersede the limitations imposed herein. The City Engineer shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.
2. Notwithstanding the foregoing federal categorical pre-treatment standards, the city reserves the right to change local limits as circumstances may require which limits may be more stringent than the federal standards. Provided, however, that the City Engineer shall notify all affected users of any new and more stringent local standards not less than thirty (30) days prior to the effective date of the new local standards.

1. Where necessary, in the opinion of the Engineer, a discharger shall provide, at his expense, such preliminary treatment as may be necessary to assure the elimination of all pollutants or other materials the discharge of which is prohibited by this title.
2. If necessary, a spill prevention, containment and control plan shall also be developed. Plans, specifications, and other pertinent information relating to the proposed preliminary treatment facilities shall be submitted for the approval of the City Engineer, and no construction of such facilities shall be commenced until said approval is obtained in writing.

1. Where additional pretreatment and/or operation and maintenance activities, will be required to comply with this ordinance, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
2. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pre-treatment required for the discharger to comply with the requirements of this ordinance including, but not limited to dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this ordinance.
3. Under no circumstance shall the city permit a time increment for any single step directed toward compliance which exceed nine (9) months.
4. Not later than fourteen (14) days following each mile-stone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the city, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps taken by the discharger to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports to the city.

1. Compliance date report.
   1. Within ninety (90) days following the date for final compliance by the discharger with applicable pretreatment standards set forth in this ordinance or ninety (90) days following commencement of the introduction of wastewater into the sewer treatment system by a new discharger, any discharger subject to this ordinance shall submit to the city a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons.
   2. The report shall state whether the applicable pre-treatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements.
   3. This statement shall be signed by an authorized representative of the discharger.
2. Periodic Compliance Reports.
   1. Any discharger subject to a pretreatment standard set forth in this ordinance, after the compliance date of such pretreatment standard, or in the case of a new discharger, after commencement of the discharge to the city, shall submit to the city during the months of June and December, unless required more frequently by the city, a report indicating the nature and concentration, of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported in Section 13B-213 hereof. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the city may accept reports of average and maximum flows estimated by verifiable techniques. The city, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors may authorize the submission of said reports on months other than those specified above.
   2. Reports of discharges shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the city. The frequency of monitoring by the discharger shall be as prescribed in the applicable pretreatment standard of this ordinance. All analyses shall be performed in accordance with 40 CFR, Part 136 and amendments thereto. (Comment: Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis may be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial "Effluents for Priority Pollutants", April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the U.S. EPA or by any other reasonable method approved by the city.

1. Each discharge whose effluent, in the opinion of the City Engineer, needs to be pretreated or monitored, shall provide and operate at the discharger's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the treatment works. Each monitoring facility shall be situated on the discharger's premises, except where such a location would be impractical or cause undue hardship on the discharger, the city may concur with the facility being constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger. Sampling procedures shall be in accordance with guidelines provided by the city.
2. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specification. Construction shall be completed within 129 days of a written request by the engineer to install such facilities.
3. The city may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this ordinance. The discharger shall allow the city or its representatives to enter upon the premises of the discharger at all reasonable hours, for the purposes of inspection, sampling, or records examination. The City shall have the right to set upon the discharger's propperty such devices as are necessary to conduct sampling, inspection, compliance, monitoring and/or metering operations. At the City Engineer’s request, at the discharger’s expense, the discharger shall do such monitoring and testing, inspection or sampling as the City Engineer deems necessary to assure compliance with this title. The results of all such activities shall be made immediately available to the city.

1. Information and data furnished to the city with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
2. When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this ordinance; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
3. Information accepted by the city as confidential, shall not be transmitted to any governmental agency until and unless a ten (10) day notification is given to the discharger.
4. All dischargers subject to this ordinance shall retain and preserve for no less than three (3) years, any record, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to monitoring, sampling and chemical analysis made by or in behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the city pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. If after monitoring, sampling and testing, etc., the City Engineer deems it necessary that the discharger pre-treat his effluent in order to comply with this title, he shall do so at his own expense and according to the compliance schedule established for the discharger after being so instructed by the Engineer.

1. Emergency suspension of service. The city may for good cause shown suspend the wastewater treatment service to a discharger when it appears to the city that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of person, substantial danger to the environment, interfere with the operation of the treatment plant, or violate any pretreatment limits imposed by this ordinance. Any discharger notified of the suspension of the City's waste water treatment service, shall within a reasonable period of time, as determined by the city, cease all discharges. In the event of failure of the discharger to voluntarily comply with the suspension order within the specified time, the city shall commence judicial proceedings immediately thereafter to compel the discharger's compliance with such order. The city shall reinstate the wastewater treatment service and terminate judicial proceedings pending upon proof by the discharger of the elimination of the non-complying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
2. Revocation of Treatment Services. The city may seek to terminate the wastewater treatment services to any discharger which fails to:
   1. factually report the wastewater constituents and characteristics of its discharge;
   2. report significant changes in wastewater constituents or characteristics;
   3. refuses reasonable access to the discharger's premises by representatives of the city for the purpose of inspection or monitoring; or
   4. violates the conditions of this ordinance, or any final judicial order entered with respect thereto.
3. Notification of Violation - Administrative Adjustment. Whenever the city finds that any discharger has engaged in conduct which justifies termination of a wastewater treatment service, the city shall serve or cause to be served upon such discharger, a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within 30 days of the receipt of the notice, the discharger shall respond personally or in writing to the city, advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction thereof.
4. Show Cause Hearing. Where the violation of Section 13B-219(D) is not corrected by timely compliance by means of administrative adjustment, the city may order any discharger which causes or allows conduct prohibited by Section 13B-219(B) hereof, to show cause before the city or its duly authorized representative, why the proposed service termination should not be taken. A written notice shall be served on the discharger by personal service, certified or registered, return receipt requested, specifying the time and place of a hearing to be held by the city or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the discharger to show cause before the city or its designee why the proposed enforcement action should not be taken. The notice of hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of a discharger. The proceedings at the hearing shall be considered by the city which shall then enter appropriate orders with respect to the alleged improper activities of the discharger. Appeal of such orders may be taken by the discharger in accordance with applicable local or state law.
5. Judicial Proceedings. Following the entry of any order by the city with respect to the conduct of a discharger contrary to the provisions of this title, the attorney for the city may, following the authorization of such action by the city, commence an action for appropriate legal and/or equitable relief in the appropriate court.
6. Right to Appeal. Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the city on any matter covered by this ordinance and shall be entitled to a prompt written reply. In the event that such inquiry is by a discharger and deals with matters of performance or compliance with this ordinance for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger's request, shall all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this ordinance may be taken in accordance with local and state law.
7. Falsifying Information. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this section or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall, upon conviction be punished by the imposition of a penalty of not more than $1,000.00 per day per violation, or by imprisonment for not more than six months or by both.
8. Nothing stated hereinafter in this subsection shall supersede the provisions of Section 13B-134 relating to the emergency powers of the City Engineer or his delegate.

1. Any discharger violating any of the provisions of this ordinance, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the city's wastewater disposal system shall be liable to the city for any expenses, loss, or damage caused by such violation or discharge.
2. The city shall bill the discharger for the costs incurred by the city for any testing, analysis, cleaning, repair, or replacement work caused by the violation or discharge.
3. Refusal to pay the assessed costs shall constitute a violation of this ordinance enforceable under the provisions of this ordinance, or other applicable law.

1. The drainage system of each new building and of new work installed in any existing building shall be separate and independent from that of any other building, and when available every building shall have an independent connection with a public or private sewer.
2. Where one building stands in the rear of another building on an interior lot, and no private sewer is available or can be constructed to the rear building through adjoining court, yard or driveway, the building drain from the front building may be extended to the rear building if lines are of acceptable size as determined by the Uniform Plumbing Code.

1. The franchisee its successors and assigns, is hereby granted the non-exclusive right, privilege and authority to construct, erect, operate and maintain lines of television coaxial cable, including poles, wires, conduits, manholes, electric conductors, amplifiers, and fixtures where necessary in, upon, along, across, through, over and under the streets, alleys, easements, bridges, properties and public places of the City under the terms and conditions herein provided.
2. Such cables shall not be placed except upon application in writing to the telephone company and electric power company and the written approval of the Building Inspector or Electrical Inspector of the City, or either of them. 
3. The application shall carry details and plans showing the location of any such cable.

1. The poles used for the said coaxial cable shall be those erected and maintained by the telephone company and electric power company or either of them when and where practical, providing satisfactory rental agreements can be entered into with said telephone company and electric power company. Otherwise, Franchisee shall have and is granted the right to install its own poles. 
2. Provided, however, that the Franchisee shall not be permitted to install poles or string said coaxial cable above the surface of the ground in subdivisions within the limits of North Logan City wherein there presently exists any underground utilities (telephone or electricity) or the subdivision plan specified or subdivision and development plans specify underground utilities.
3. A right-of-way encroachment permit shall be obtained from North Logan City for all construction within public right-of-ways.
4. The Franchisee shall also provide North Logan City with up to date as constructed drawings of all underground utility lines.

1. This franchise will be amended from time to time to comply with applicable regulations of the Federal Communications Commission.
2. Any amendments so required shall be made within one year after the same are adopted by the Federal Communications Commission or at the time of renewal of this franchise, whichever comes first.

1. The Franchisee shall maintain a local business office to which subscribers may telephone or visit in person during regular business hours without incurring added message or toll charges so that cable maintenance shall be promptly available.
2. In the event subscribers or others have requests or complaints against Franchisee which are not resolved to the satisfaction of the requester/complainant, the requester/complainant may refer such unresolved request or complaints to the City.
3. The City Clerk is designated as the person to whom customers may direct their requests and complaints regarding any matter relevant to the service provided by Franchisee pursuant hereto.
4. Any complaints so made to the City against Franchisee shall be resolved by the following procedures, and notice of said procedure will be given to each subscriber to Franchisee's cable television system at the time of initial subscription:
   1. Complaints shall first be made to the manager of Franchisee at its local office in Logan, Utah, and may be made in writing or in person.
   2. Any complaint not resolved within seven (7) days after being made, may then be reported to the North Logan City Council through the City Clerk who shall forthwith give notice to the Franchisee requiring it to appear before a regular or special meeting of the City Council on a specified date and time to show cause why disciplinary action should not be taken against Franchisee for failure to resolve such complaint.
   3. The Franchisee may be subject to the following disciplinary action for failure to resolve a complaint:
      1. Fine not to exceed $50.00 for each unresolved complaint;
      2. Suspension, either temporary or permanent, of its rights under this ordinance;
      3. An order of the City Council requiring resolution of a complaint within a specific time not to exceed ten (10) days or penalty of one or the other or the sanctions provided in A and B of this Section 3.

1. Upon expiration of the franchise, if the Franchisee shall not have acquired an extension or renewal thereof and accepted the same, it may have and is hereby granted the right to enter upon the streets and public ways of the City for the purposes of removing therefrom any or all of its property and other.
2. In so removing said property the Franchisee shall refill, at its own expense, any excavation that shall be made by it, and shall leave said streets and public ways and places in as good condition insofar as practical as that prevailing prior to the Franchisee's removal of its property.

1. The Franchisee shall accomplish significant construction of cable television facilities and services within one (1) year after receiving a Certificate of Compliance from the Federal Communications Commission to operate under this franchise and shall thereafter reasonably make cable television service available to a substantial percentage of the City inhabitants, such percentage to be determined by the City Council.
2. In the event the City Council adopts a policy of construction requiring the wiring by Franchisee of less than the entire City of North Logan, such policy shall be adopted only after full public proceedings in accordance with Federal Communications Commission requirements which shall include specific notice of the consideration of such a policy.

1. From and after the effective date of this ordinance, it shall be unlawful for any person to construct, install or maintain within any public street in the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio signals through a cable television system, unless a franchise authorizing such use of such street or property or area has first been obtained, and unless such franchise is in full force and effect.
2. It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically acoustically, inductively or otherwise, with any part of the franchised cable television system within this City for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program, or sound, without payment to the operator of said system.
3. It shall be unlawful for any person, without the consent of Franchisee, to willfully tamper with, remove or injure any cables, wires, or equipment used for distribution of television signals, radio signals, pictures, programs or sound.

1. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held invalid or unconstitutional by the decision of any court or regulatory body of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
2. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.
3. The invalidity of any portion of this ordinance shall not abate, reduce or otherwise affect any consideration or other obligation required of the Franchisee.

1. Garbage means waste from the preparation, handling, storing, cooking or consumption of food and food products.
2. Residential garbage refers to garbage produced in places of private residence and dining halls not open to the public.
3. Commercial garbage refers to garbage produced in commercial establishments, public or quasi-public institutions or establishments, including restaurants, hotels, motels and similar establishments.
4. Refuse means all waste matter, except garbage, attending or resulting from the occupancy of residences, apartments, or other places of dwelling and from the operation of a business. Refuse shall not be deemed to include industrial waste or waste matter resulting from the construction, demolition or repair of a building or other structure.
5. Community waste means lawn cuttings, clippings from bushes and shrubs, leaves and trees and tree branches.
6. Container or regulation container means a type of garbage or trash container of galvanized metal or other approved material and having a tight fitting lid or properly and sufficiently treated weather resistant paper bag manufactured specifically for use in garbage and refuse collection.

1. The city shall collect, remove, and dispose of solid waste in accordance with the provisions of this chapter.
2. The City Council may enter into contracts with Cache County Service Area #1 to provide for the collection, removal, and disposal of solid waste.
3. Nothing in this chapter shall preclude persons from removing and transporting their own solid waste from their premises.

1. The City Council shall establish service charges by resolution for the purpose of financing the establishment, maintenance, and operation of solid waste collection, removal, and disposal.
2. Service charges shall not be less than the charges set forth in any contract between the City and Cache County Service Area #1.
3. Charges shall apply to all residences and business establishments whether or not they have also elected to haul their own garbage, or employ the services of authorized garbage haulers.

1. The garbage service charges above imposed by this part shall be added to the charge made for water furnished through the water system of the municipality and shall be billed and collected in the same manner as water service charges are billed and collected. Multiunit developments, consisting of 3 or more units per water service, are required to submit a dumpster plan that provides screened locations. Screened dumpster locations must be 3 sided, concealed, and not visible from public right of way. Dumpster locations must be in compliance with Logan City Environmental Department's enclosure design standards and have walls constructed of wood, brick, or vinyl fencing.
2. In the event that the obligee for the water service charges and the obligee for the garbage service charges does not coincide, or in the event that practical economic and administrative reasons do not make combined billing and collection feasible in the opinion of the governing body, the garbage service charges may be collected with such frequency and in such manner as the governing body shall by regulation provide. WHEREAS, the City Council of the City of North Logan, Utah, adopted and passed the Code of Revised Ordinances of the City of North Logan on March 16, 1989, which Code was published and effective on March 20, 1989; and
   
   WHEREAS, said Code includes Title 13 Municipal Service and specifically chapters 13A-103 and 13A-105 which include the forms that are applications for utility connections, and are used by applicants to contract with North Logan City for city services; and
   
   WHEREAS, the City Council deems it necessary and appropriate to modify the applications to change the amount of the deposit for renters or other entities other than owners and allow applicants to provide their date of birth rather than their social security number on the form; and
   
   WHEREAS, there are customers who have no water service as part of their utility bill but pay only for trash collection and the City Council has deemed it appropriate to have another utility service application for these customers, an application that will impose disincentives on non-payment of trash-only utility bills similar to those imposed on utility bills with water services.
   
   NOW, THEREFORE, the City Council of the City of North Logan, Utah hereby adopts, passes and publishes the following:
   

1. The owner or occupant of any premises within the city shall be responsible for the sanitary condition of those premises.
2. It shall be unlawful for any person to accumulate, or cause to be accumulated, any solid waste upon any street, public property, the premises of another, except as provided by this chapter, without the express permission of the city and owner of the premises.

1. Solid waste to be collected by the city shall be placed at the curb in front of the premises or other pickup points designated by the city for the collection of solid waste in accordance with a schedule or regulations adopted by the City Council.
2. Until otherwise provided by regulation, garbage and refuse must not be set out upon the street for collection prior to the evening of the day before collection and must be set out on the day of collection before the hour of collection designated by regulations of the governing body.
3. All empty receptacles must be removed from the street as soon as practicable after being emptied, and in every case, must be removed from the street the same day they are emptied. Receptacles shall not be permitted to remain on any street longer than may be necessary for the removal of the contents.

1. All refuse shall be stored in containers as specified by the contractual agent responsible for solid waste disposal.
2. Ashes containing hot embers shall not be placed in containers for collection.
3. It shall be unlawful to accumulate refuse on any premises except in containers which are approved by the city.

1. The disposal of solid waste shall be by a method or methods which comply with the requirements of State and local law and shall include maximum practicable rodent, insect, and nuisance control at the place or places of disposal.
2. No garbage shall be fed to hogs, unless such garbage has been heat-treated to kill any disease agents therein by boiling for thirty (30) minutes or by other equally effective means.
3. Animal offal and carcasses of dead animals shall be buried or cremated as directed by the city or shall be rendered at forty (40) pounds per square inch of steam pressure or higher or shall be heated by equivalent cooking.
4. It shall be unlawful for any person, except those authorized by the City, to regularly haul or transport solid waste upon the streets and public ways of the City.
5. It shall be unlawful for any person intentionally or carelessly to throw, cast, put into, drop or permit to fall from a vehicle and remain in any street, gutter, sidewalk, or public place any solid waste such as stones, gravel, sand, coal, dirt, manure, garbage, leaves, lawn or hedge clippings or rubbish of any kind or any other substance which shall render such highway unsafe or unsightly or shall interfere with travel thereon.
6. It shall be unlawful for any person to burn papers, boxes, dry rubbish or similar materials unless it is burned in an incinerator approved by the city and controlled so as not to create a smoke or odor nuisance. Hours of burning will be regulated and posted by the city.
7. It shall be unlawful for any person to burn garbage, market waste, manure or other refuse in open air or in any furnace or stove within the municipality.
8. It shall be unlawful for any owner, occupant, or tenant of any premises abutting on alleyways, to fail to keep such part of said alleyway or said premises clean and free from solid waste of all kinds.

1. All public or private vehicles used for the collection or disposal of refuse shall have enclosed bodies or suitable provision for covering the body. Provision and use of tarpaulin or canvas cover to enclose open bodies of collection vehicles may be permitted when specifically approved by the city.
2. Vehicles used for the collection or disposal of garbage, or of refuse containing garbage, shall have watertight, metal bodies of easily cleanable construction, shall be cleaned at sufficient frequency to prevent nuisance or insect-breeding and shall be maintained in good repair.

1. Community waste may be disposed of by residents and business establishments in vehicles provided by them subject to regulation by the governing body as to the places of disposal and as to the type of vehicle used to avoid spillage upon the public ways of the municipality, hazards to safety and the prevention of nuisances.
2. The governing body from time to time may provide for the collection and disposal of such types of community waste as it may decide to collect and haul in connection with its regular garbage, waste collecting and disposal service. In the event community waste disposal service should require a charge to be made by the municipality, the determination of the charge will be made by negotiation with the residents or business enterprises and the residents or business enterprises will be given an opportunity to choose from among services offered by persons other than the municipality.

1. Whenever the City or Cache County Service Area #1 has determined that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter, notice of such alleged violation shall be given to the person or persons responsible therefore, as hereinafter provided. Such notice shall:
   1. Be put into writing;
   2. Include a statement of the reasons why it is being issued;
   3. Allow a reasonable time for the performance of any act it requires:
   4. Be served upon the holder of a permit issued under this chapter or upon the owner or the occupant of any premises within the municipality; provided, that such notice shall be deemed to have been properly served when a copy thereof has been served personally or in accordance with any other method authorized or required under the laws of this state for commencement of civil actions.
2. Such notice may:
   1. Contain on outline of remedial action which, if taken, will effect compliance with the provisions of this part.
   2. State that unless conditions or practices described in such notice which violate this part are corrected within reasonable time specified in such notice, the violator may be punished in accordance with the provisions of this part, or a permit which has been issued pursuant to this part may be suspended or revoked.
3. 1. Any person who is affected by any notice issued in connection with the enforcement of any provision of this part may request, and shall be granted a hearing on the matter before the Cache County Service Area #1 or its designee; provided, that such person shall file, in the office of the Cache County Service Area #1 a written request for such hearing and within ten days after the date the notice was served.
   2. Upon receipt of such request, the Cache County Service Area #1 shall set a time and place for such hearing and shall give the petitioner written notice thereof.
   3. At such hearing, the petitioner shall be given an opportunity to be heard.
   4. The hearing shall be commenced not later than ten days after the day on which the request was filed, provided that, upon application of the petitioner the Cache County Service Area #1 may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement.
4. 1. After such hearing, the Cache County Service Area #1 shall sustain, modify or withdraw the notice, depending upon its findings based on such hearing as to whether or not the provisions of this part and of the regulations adopted pursuant thereto have been complied with.
   2. If the Cache County Service Area #1 sustains or modifies such notice, it shall be deemed to be an order.
   3. Any notice shall automatically become an order if a written request for a hearing has not been filed in the office of the Cache County Service Area #1 within ten days after such notice was served
   4. In the case of any notice which states that a permit required by this part may be suspended or revoked, The Cache County Service Area #1 may suspend or revoke such permit if an order is issued and corrective action has not been taken within the time specified in the notice.
5. 1. The proceedings at such hearing, including the findings and decision of the Cache County Service Area #1, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Cache County Service Area #1.
   2. Such record shall include, also, a copy of every notice or order issued in connection with the matter.
6. 1. If the corrective action ordered by the Cache County Service Area #1 under this part has not been taken within five days after such decision or order thereof, the Cache County Service Area #1 shall give notice that the governing body shall hear the matter.
   2. Notice of the hearing shall be given by personal service or by leaving a copy at the residence or place of business of the person not complying, with anyone at such address who is over the age of 14 years and by mailing a copy of the notice to the last known address of the person not complying with the order.
7. 1. At the time set for the hearing by the Cache County Service Area #1, the governing body shall hear the matter and receive evidence and determine what corrective action is required, if any.
   2. The decision of the governing body shall be in writing and a copy mailed to the person not complying.
8. 1. Any person who does not comply with the decision of the governing body shall be guilty of a misdemeanor.
   2. The governing body may order the Cache County Service Area #1 to take the corrective action required if the person who does not comply fails to do so and a curt action shall be commenced against such person for any costs incurred by the municipality.
9. 1. Whenever the Cache County Service Area #1 finds that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, it may without notice or hearing issue a written order reciting the existence of such an emergency and the conditions violating this part which require corrective action to remove such health hazard.
   2. If such corrective action is not taken, the Cache County Service Area #1 may take the action including the abatement of any nuisance as may be necessary to protect the public health. Notwithstanding other provisions of this part, such order shall be effective immediately.
   3. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the governing body shall be afforded a hearing as soon as possible, but in any case not later than three days after the petition was filed.
   4. After such hearing, depending upon the findings of the governing body as to whether or not the provisions of this part and of the regulations adopted pursuant hereto have been complied with the governing body may continue such order in effect, modify it or revoke it.

1. It shall be unlawful for any person who does not possess an un-revoked permit from the Cache County Service Area #1 in addition to any business license required by the municipality to engage in the business of refuse collection or refuse disposal for compensation in the municipality.
2. The Cache County Service Area #1 shall issue permits for such applicants; provided that such permits shall be limited to persons having proper equipment and personnel to collect and dispose of refuse in accordance with the provisions of this section; and that no permit shall be required of any agency acting under contract with the municipality.

1. It is unlawful for any person(s) not authorized by the Public Works Director or his designated representative to dispose of, discard, place, put, or drop any refuse that is not generated on the public site into any of the city operated general refuse containers that have been placed on city property and thus designated for public use and disposal of refuse generated at that site.
2. It is unlawful for any person(s) not authorized by the Public Works Director or his designated representative to dispose of, discard, place, put, or drop refuse or other materials into a refuse container that is designated for recycled refuse or green waste, as indicated by clear and appropriate labeling, container color, etc., other than refuse or other materials for which it is designated.
3. The bulk green waste containers operated by North Logan City and placed in North Logan City by the Cache County Service Area #1 may only be used by North Logan City residents, said containers being designated for residential, non-commercial use only. It is unlawful for any non North Logan resident or any commercial business, whether resident or non-resident of North Logan City, to use, discard, place, put, or drop any materials in the bulk green waste containers. In addition, the bulk green waste containers may only be used between the hours of dawn and dusk.
4. Appropriate materials that may be placed in the bulk green waste receptacles include: grass, leaves, clean hay/straw, branches, shrubs, and garden waste. Unacceptable materials for deposit in the bulk green waste containers include: rocks, gravel, dirt, sod, tree root balls, painted or treated wood, plastic, glass, garbage, or garbage bags. It is unlawful to deposit any green waste that exceeds the rim of the container(s).
5. Placing green waste materials or any other refuse on the ground around the bulk green waste containers is prohibited by the city's littering ordinances- see North Logan City Code 10-401. (A)(ll); 10-401. (D); or 15-504 (H).

It is unlawful for any person to injure, molest, deface or otherwise damage or remove headstones, urns, monuments, trees, shrubs, flowers, floral pieces, vases and containers, or other property in the municipal cemetery. This section shall not apply to the city Sexton or employees of the city sexton’s department who are performing their assigned work. This section shall not apply to any person who is removing flowers, vases or containers which such person has placed upon a cemetery lot. It is unlawful for any person to throw or deposit in any part of the municipal cemetery, the carcass of any dead animals, meat, fish, rubbish, refuse, filth, trash, garbage, building materials, or any like substance, that will detract from the municipal cemetery.

1. Animal Access. It is also unlawful for any person to take any animal into the municipal cemetery or permit any animal owned or in the custody of such person to enter the municipal cemetery, except in the case of a horse-drawn conveyance or other use of horse in conjunction with the funeral procession and except in the case of a trained animal assisting a handicapped person. Those responsible for horses should confine them to the roadways and restrain them at all times so as to prevent damage to the lawns, landscaping, monuments, and other cemetery improvements.

1. To regulate and prevent the contribution of pollutants to the City’s storm drain system by stormwater discharges by any user;
2. To prohibit illicit connections and discharges to the City’s storm drain system;
3. To guide, regulate and control the design, construction, use, and maintenance of any development or other activity that results in the movement of earth on land within the City;
4. To minimize increases in non-point source pollution caused by stormwater run-off from development which would otherwise degrade local water quality;
5. To reduce stormwater run-off rates and volume, soil erosion and non-point source pollution, wherever possible, through stormwater BMPs, and to ensure that these BMPs are properly maintained and pose no threat to public safety;
6. To establish a viable and fair method of financing the construction, operation and maintenance of the City’s storm drain system;
7. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Title;
8. To establish penalty and enforcement procedures for violations of this Title; and
9. To ensure compliance with requirements of the Woods Cross City UPDES General Permit and the Woods Cross City Stormwater Pollution Prevention Plan.
   

The City shall adopt a master plan for the construction of storm drainage facilities within the City known as the North Logan City Storm Drainage Master Plan.  All construction and development within the City and any connections or discharges of water into the City’s storm drain system shall comply with provisions of the Storm Drainage Master Plan, as may be amended from time to time.

The City has adopted a Stormwater Management Plan in accordance with applicable State and Federal rules and regulations.  All construction and development within the City and any and all connections and discharges of waters into the City’s storm drain system shall comply with the provisions of the Stormwater Management Plan, as may be amended from time to time.

Words not otherwise defined but used in this Title or the materials referenced herein are defined in the Federal Clean Water Act and any rules and regulations adopted pursuant thereto and any applicable State laws, rules and regulations, including, but not limited to, the UPDES and NPDES programs.  As used herein, the following terms, phrases and words shall have the following meanings:

1. Applicant: a person that applies for an authorization to discharge under a construction storm water permit to conduct or propose to conduct a use of land for a construction site.
   1. “Applicant” includes a person granted an authorization to discharge under a construction storm water permit once the authorization has been granted.
2. Application: A construction storm water permit application.
3. Authorized Enforcement Official:  City employees designated to administer and enforce this Ordinance.
4. Best Management Practices (BMPs): The methods, measures, or practices in compliance with 40 C.F.R. Part 450.
5. Catch Basin:  A basin combined with a storm drain inlet used to trap solids.
6. City Approvals:  Any permit or approval required by the City prior to any construction activity, including, but not limited to, site preparation, grading, excavation or construction.
7. Clean Water Act:  The Federal Water Pollution Control Act (33 U.S.C. ' 1251 et seq.), and any subsequent amendments thereto.
8. Construction Activity:  Any land disturbance or construction activities such as clearing, grubbing, grading, excavating, building, and demolition. 
9. Construction Storm Water Permit: A permit required for soil disturbances of:
   1. an acre or more, or
   2. less than an acre if the application is part of a common plan of development or sale.
10. Conveyance System:  Any channel or pipe for collecting and directing the stormwater.
11. Culvert:  A covered channel or large diameter pipe that directs water flow below the ground surface.
12. Degradation:  (Biological or Chemical) The breakdown of chemical compounds into simpler substances, usually less harmful than the original compound, as with the degradation of a persistent pesticide. (Geological) Wearing down by erosion. (Water) The lowering of the water quality of a watercourse by an increase in the amount of pollutant(s).
13. Detention:  The process of collecting water from developed areas and releasing it at a slower rate than it enters the collection system.  The excess of inflow over outflow is temporarily stored in a pond or a vault and is typically released over a few hours or a few days.
14. Detention Basin:  A depression, designed with an inlet and outlet that regulates water flow and allows debris to settle out, that is capable of detaining stormwater run-off until it can be released downstream.
15. Discharge:  The release of stormwater or other substance from a conveyance system or storage container.
16. Drainage:  The collection, conveyance, containment, and/or discharge of surface and stormwater run-off.
17. Drain Inlet:  A point of entry into a detention basin, storm drain, or other inlet used to trap solids.
18. Electronic Site Inspection: Geo-located and time-stamped photographs the applicant takes, evaluates, and submits electronically to the authority.
19. Entity:  Any corporation, partnership, limited liability company, organization, association, trust, governmental agency, or any other legal entity.
20. Erosion:  The wearing away of land surface by wind or water.  Erosion occurs naturally from weather or run-off but can be intensified by land-clearing practices related to farming, residential or industrial development, road building, or timber-cutting.
21. Fill:  A deposit of earth material placed by artificial means.
22. Final Stabilization:  All soil disturbing activities at the site have been completed, and that a uniform (e.g. evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, track compaction, or geotextiles) have been employed.
23. General Permit:  A permit issued under the NPDES or UPDES program to cover a class or category of stormwater discharges.
24. Grading: The cutting and/or filling of the land surface to a desired slope or elevation.
25. Hazardous Waste:  By-products of society that can pose a substantial or potential hazard to human health or the environment when improperly managed.  Possesses at least one of four characteristics (flammable, corrosive, reactive, or toxic), or appears on special EPA lists.
26. Illegal Discharge:  Any direct or indirect non-stormwater discharge to the storm drain system, except discharges from emergency fire fighting activities and other discharges exempted in this Title.
27. Illicit Connection: Any physical connection to a publicly maintained storm drain system allowing discharge of non-stormwater which has not been permitted by the public entity responsible for the operation and maintenance of the system.
28. Impervious Surface:  Any hard surface area which prevents or retards the penetration, absorption or entry of water into the ground, or any hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to development.  Common impervious surfaces include, but are not limited to:  roofs; sidewalks; concrete or asphalt paving; walkways; patios; decks; driveways; parking lots; storage areas; trafficked or compacted gravel; roadbase; or other surfaces which similarly impede the natural infiltration of storm and surface water.
29. Individual Permit:  A permit issued under the NPDES or UPDES program for a specific facility, whereby the unique characteristics of that facility may be addressed through the imposition of special conditions or requirements.
30. Infiltration:  The downward movement of water from the surface to the subsoil.  The infiltration capacity is expressed in terms of inches/hour.
31. Inlet:  An entrance into a ditch, storm sewer, or other waterway.
32. Mulch: A natural or artificial layer of plant residue or other materials covering the land surface which conserves moisture, holds soil in place, aids in establishing plant cover, and minimizes temperature fluctuations.
33. Municipal Separate Storm Sewer System (MS4): A municipally owned and operated stormwater collection system that may consist of any or all of the following: curb, gutter, drainage swales, piping, ditches, canals, detention basins, inlet boxes, or any other system used to convey stormwater that discharges into canals, ditches, streams, rivers, or lakes not owned and operated by that municipality.
34. Municipal System: A municipal separate storm sewer system described in 40 C.F.R. Sec. 122.26.
35. Non-Point Source: Pollution caused by diffuse sources (not a single location such as a pipe) such as agricultural or urban run-off.
36. Nonstructural Practices:  A preventative action to protect receiving water quality that does not require construction.  Nonstructural BMPs rely predominantly on behavioral changes in order to be effective.  Major categories of nonstructural BMPs include education, recycling, maintenance practices and source controls.
37. NPDES (National Pollutant Discharge Elimination System): EPA’s program to control the discharge of pollutants to waters of the United States.
38. NPDES Permit: An authorization, or license, or equivalent control document issued by EPA or an approved state agency to implement the requirements of the NPDES program.
39. Off-site: Any area lying upstream of the site that drains onto the site, any area lying downstream of the site to which the site drains, and any area that is not on-site of the project.
40. On-site: The entire property that includes the proposed development.
41. Outfall: The point, location, or structure where wastewater or drainage discharges from a sewer pipe, ditch, or other conveyance to a receiving body of water.
42. Oversight Inspection: A construction site inspection performed by the authority to impose compliance with the permit.
43. Permit: A construction storm water permit
44. Person:  Any individual, corporation, partnership, limited liability company, organization, association, trust, governmental agency, or any other legal entity.
45. Point Source: Any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.
46. Pollutant: Generally, any substance introduced into the environment that adversely affects the usefulness of a resource. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
47. Prevention Plan: The storm water pollution prevention plan described in 40 C.F.R. Sec. 122.26.
48. Program: The program described in Utah Code 19-5-104(3)(a).
49. Receiving Waters: Bodies of water or surface water systems receiving water from upstream constructed or natural systems.
50. Retention:  The process of collecting and holding surface and storm water runoff with no surface outflow.
51. Riparian: A relatively narrow strip of land that borders a stream or river.
52. Run-Off: That part of precipitation, snow melt, or irrigation water that runs off the land into streams or other surface water.  It can carry pollutants from the air and land into the receiving waters.
53. Source Control: A practice or structural measure to prevent pollutants from entering stormwater run-off or other environmental media.
54. Storm Drain: A closed conduit for conducting stormwater that has been collected by inlets or collected by other means.
55. Storm Drain System:  The City’s storm drain system comprised of storm and subsurface water facilities, improvements, streets, gutters, drains, swales, detention basins, property, or other interests therein made, constructed or acquired by the City for purposes of managing and controlling storm or subsurface water.
56. Stormwater: Water produced by storms, surface drainage, snow and ice melt, and spring flows and drainage.  Stormwater does not include infiltration.
57. Stormwater Pollution Prevention Plan (SWPPP):  A document which describes the BMPs and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters.
58. Structural Practices:  Constructed facilities or measures to help protect receiving water quality and control stormwater quantity.  Examples include storage, vegetation, infiltration and filtration.
59. Swale: An elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated, and is normally without flowing water.  Swales direct stormwater flows into primary drainage channels and allow some of the stormwater to infiltrate into the ground surface.
60. UPDES Permit:  An authorization, or license, or equivalent control document issued by the State of Utah to implement the requirements of the NPDES and UPDES program.
61. Violation: A failure to implement or maintain preferred best management practices.
62. Waters of the State: Surface waters and ground waters within the boundaries of the State of Utah and subject to its jurisdiction.
63. Waters of the United States: Surface watercourses and water bodies as defined in 40 CFR ' 122.2. including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.

In addition to the definitions set forth in Section 13G-01-080, for the purposes of this Chapter, the following terms, phrases and words shall have the following meanings:

1. Developed Parcel:  “Developed parcel” means any parcel that has been altered from its natural condition by the construction of improvements or other impervious surface areas or by grading or filling of the ground surface areas which grading or filling affects the hydraulic properties of the parcel.
2. Equivalent Residential Unit (“ERU”): “Equivalent residential unit” or “ERU” means the average amount of impervious surface, expressed in square feet, on developed parcels in the City.
3. Parcel: The smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for tax purposes and given a tax account (lot) number by the Cache County Assessor.

Except as otherwise exempted under Section 13G-302, any person or entity proposing to disturb one (1) acre or more of ground in connection with any development, land disturbance, or construction activity within the City or any person or entity proposing to disturb less than one (1) acre of ground which is part of a larger common plan of development that disturbs one (1) acre or more of ground shall be required to obtain a Construction Activity Permit from the City.  Such permit is required to be obtained prior to or in conjunction with the issuance of any demolition, excavation, land disturbance, building, site plan, land use or subdivision permit or approval or any development or construction activity within the City.  A Construction Activity Permit shall also be required for any building permit for a structure requiring earth moving, unless otherwise waived by the Public Works Director.  In determining whether to grant a waiver, the Public Works Director shall consider the following with respect to the property and circumstances associated with the same:  topography, vegetation, wetlands, steep slopes, sensitive areas, high water table, proximity to water channels, creeks, well or riparian areas.

A Construction Activity Permit is not required for the following activities:

1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; or
2. Existing nursery and agricultural operations legally conducted as a permitted main or accessory use.

A completed application for a Construction Activity Permit shall be submitted to the Public Works Director on forms provided by the City.  All applications for a Construction Activity Permit shall contain the following information and/or documents:

1. The name, address and contact information for the owner of the site (including an emergency contact - hotline), the developer of the site, contractors working at the site, and any consulting firm retained by the applicant;
2. A Stormwater Pollution Prevention Plan (SWPPP), as more particularly described in Section 13G-3040, for the subject property and the proposed construction activities to be prepared and implemented in accordance with the terms and conditions of this Title;
3. A copy of the UPDES Notice of Intent (NOI) Permit issued by the State and a copy of the Stormwater Pollution Prevention Plan submitted in conjunction with the UPDES Permit for the subject property and the proposed construction activities, as applicable;
4. The required stormwater pollution prevention review and application fee as set forth in the City’s Fee Schedule; and

1. To apply for a prevention plan approval with a municipal system authority, an applicant shall submit to the Public Works Director, or designee, a prevention plan for review.
2. Municipal system authority has 14 business days after the day on which an applicant submits a prevention plan to review the prevention plan for compliance with local ordinances, state law, and federal law.
3. A municipal system authority may request more information, or modification to the prevention plan, if the request:
   1. for more information, lists specifically why the prevention plan is noncompliant; and
   2. for modification:
      1. includes citations to the permit requirements, local ordinances, state law, or federal law that require the modification to the prevention plan; and
      2. is logged in an index of requested modification.
4. The municipal system authority has five business days after the day on which the applicant submits the information or modification described in 13G-306 (4)(a) to complete the review of the prevention plan.
   1. Municipal system authority shall:
      1. maintain a list of requirements that make a complete application for a prevention plan approval; and
      2. publish the list on the authority's website.
5. Once the review of the prevention plan is complete, the municipal system authority shall notify the applicant, in writing, whether the authorization to discharge is granted.

No construction activity, land use or land disturbance activity shall occur on the subject property until a construction activity permit is approved by the Public Works Director, or designee.

1. 
   
   1. Except as provided in 13G-312 (2), the authority shall conduct an oversight inspection through an electronic site inspection.
   2. Photographs submitted for electronic site inspection shall:
      1. include meta data verifying the date, time, and GPS location corresponding to the construction site; and
      2. be of sufficient resolution and clarity to assess compliance with general best management practices. c) An applicant may opt out of the electronic site inspection and instead elect an on-site.
2. The authority may conduct an on-site inspection if the authority:
   1. has a documented reason for justifying an on-site oversight inspection, which may include:
      1. alterations of electronic photographs;
      2. failure to submit an electronic site inspection at the appropriate time; or
      3. the construction site is within one-half mile of a river, a stream, or a lake;
   2. is inspecting a state transportation project; or
   3. is inspecting a military project.
3. Only the authority that owns the municipal system that accepts runoff from the construction site may require post-construction maintenance agreements.

   
   

1. Operators.  Operators wishing to terminate coverage under the City Stormwater Permit must submit a notice of termination (NOT) to the City.  Such NOT shall be submitted to the Public Works Director, or Designee.
2. Permittees.  All permittees must submit a NOT within thirty (30) days after completion of their construction activities and final stabilization of their portion of the site, or another operator taking over all of their responsibilities at the site.  A permittee cannot submit a NOT without final stabilization unless another party has agreed to assume responsibility for final stabilization of the site.  Appropriate enforcement action may be taken for permit violations where a permittee submits a NOT but the permittee has not transferred operational control to another permittee or the site has not undergone final stabilization.
   

Unless determined by the Public Works Director to be exempt or granted a waiver, the following performance criteria shall be utilized and addressed for stormwater BMPs at all sites and proposed land disturbance or construction activities.

1. All site designs shall establish stormwater BMPs to control the peak flow rates of stormwater discharge associated with specified design storms (specified by the UPDES Stormwater General Permit for Construction Activities) and reduce the generation of stormwater. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater run-off from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practicable to provide treatment for both water quality and quantity.
2. New development shall not discharge untreated stormwater directly into a jurisdictional wetland or local water body without adequate treatment specified in the LID handbook. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the Public Works Director, or designee.  In no case shall the impact on functional values be any less than allowed by the Army Corp of Engineers (ACE) or the Department of Environmental Quality (DEQ) responsible for natural resources.
3. Annual groundwater recharge rates shall be maintained, by promoting infiltration through the use of structural and non-structural methods. At a minimum, annual recharge from the post development site shall mimic the annual recharge from pre-development site conditions. This requirement may be met by following the processes outlined in the City’s LID Handbook.
4. All site designs shall establish stormwater BMPs to minimize, to the maximum extent practicable, sediment, debris and all other pollutants from entering the storm drain system during all phases of demolition. The owner, developer, contractor and/or their authorized agents shall be responsible for the removal of all construction debris, dirt, trash, rock, sediment, and sand that may accumulate in the storm drain system and stormwater appurtenances as a result of site development.
5. All site designs shall establish stormwater BMPs to minimize, to the maximum extent practicable, soil erosion. Any earth disturbance shall be conducted in such a manner so as to effectively reduce accelerated soil erosion and resulting sedimentation.  All earth disturbances shall be designed, constructed, and completed in such a manner so that the exposed area of any disturbed land shall be limited to the shortest possible period of time. Soil erosion control measures for all slopes, channels, ditches, or any disturbed land area shall be completed within fourteen (14) calendar days after final grading, or final earth disturbance, has been completed.  All temporary soil erosion control measures shall be maintained until permanent soil erosion control measures are implemented.
6. Stormwater discharges to critical areas with sensitive resources (i.e., cold water fisheries, shellfish beds, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater BMPs.
7. Stormwater discharges from land uses or activities with higher potential pollutant loadings, known as "hotspots", or sensitive areas, may require the use of specific structural BMPs and pollution prevention practices.
8. Post-construction stormwater BMPs, where practicable, shall be installed during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed. Post-construction stormwater BMPs should be selected based on the processes outlined in the Low Impact Development (LID) Handbook.
9. Prior to design, applicants shall consult with the Public Works Director, or designee, to determine if the project or activity is subject to additional stormwater design requirements.
   

It is unlawful for any person or entity to violate or cause to be violated any of the provisions of this Title.

1. Obstruction.  It is unlawful for any person or entity to obstruct or contribute to the obstruction of the flow of stormwater run-off or non-stormwater run-off into any detention basin, storm drain, curb and gutter, pipe, culvert, drain inlet, or other associated structural controls that convey stormwater and/or non-stormwater run-off, unless the obstruction is authorized in writing by the City.
2. Interference.  It is unlawful for any person or entity to cause any obstruction that inhibits the normal flow of stormwater and/or non-stormwater run-off in any curb and gutter, unless the obstruction is associated with a street and/or storm drainage improvement project and is authorized in writing by the City and granted with the issuance of a permit signed by an authorized agent of the City.
3. Covering Inlet.  It is unlawful for any person or entity to cover any drain inlet for any reason or purpose, unless the obstruction is authorized in writing by the City; provided, however, that a drainage system inlet may be temporarily obstructed in emergency situations in order to prevent contaminants from entering the storm drain system.
4. Exceptions.  Subsections (a) and (b) of this Section shall not apply during clean-up periods established by the City, provided the materials are placed according to any directions from the City and do not obstruct drain inlets.
   

1. Dumping.  It is unlawful for any person or entity to dump or allow to be dumped into any detention basin, storm drain, curb, gutter, drain inlet, or other storm drainage structure that conveys stormwater and/or non-stormwater, any type of deleterious product, including, but not limited to, debris, petroleum product, chemical, paint, pesticide, herbicide, heavy metal, acid or base product, solid or liquid waste product, hazardous waste product, and/or human or animal waste.
2. Exceptions.  The restrictions set forth in Subsection (a) shall not apply to the normal run-off of non-stormwater related to domestic home uses; for example, lawn watering.
   

Portable toilets shall not be allowed in the street, on any paved surfaces, or in the park strip except as may be approved under special circumstances by the Director of Public Works, or designee. Portable toilets shall not be facing the street (in the event of tipping or being knocked over).

1. No person or entity shall discharge or cause to be discharged into the City’s storm drain system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards.
2. The commencement, conduct or continuance of any illicit discharge to the City’s storm drain system is prohibited except as described as follows:
   1. Water line flushing
   2. Landscape irrigation
   3. Approved diverted stream flows;
   4. Rising ground waters
   5. Uncontaminated ground water infiltration to storm drains;
   6. Uncontaminated pumped groundwater
   7. Discharges from other potable water sources;
   8. Foundation drains
   9. Air conditioning condensation;
   10. Irrigation water
   11. Springs
   12. Water from crawl space pumps
   13. Footing Drains
   14. Lawn watering runoff
   15. Flows from riparian habitat or wetland
   16. Residual street washwater
   17. Discharges or flows from Emergency Fire fighting activities,
   18. Swimming pools (only if dechlorinated in accordance with federal regulations to less than 4 PPM chlorine)
   19. Dechlorinated water reservoir discharges
3. Dye testing is an allowable discharge, but requires a written notification to the Public Works Director, or Designee five (5) business days prior to the time of the test.
4. The prohibitions set forth in this Section shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system by the City.
5. The prohibitions set forth in this Section expressly include, without limitation, connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. The prohibition also expressly includes, without limitation, connections of sanitary sewer lines to the storm drain system.
6. No person or entity shall install drainage outlets into curbsides unless approved by the Public Works Director, or Designee. Approval shall be granted in limited circumstances and must be based on a showing of good cause.

1. All persons in charge of a project, development, or facility or responsible for emergency response for a project, development or facility are responsible to train personnel, maintain records of such training and maintain notification procedures to assure that immediate notification is provided to the City upon becoming aware of any suspected, confirmed or unconfirmed release of material, pollutants or waste that creates a risk of discharge into the City’s storm drain system.
2. As soon as any person in charge of a project, development, or facility or responsible for emergency response for a project, development or facility has knowledge of any release of materials as described in Subsection (a), such person shall take all necessary steps to ensure the containment and clean up of such release and shall notify the City Public Works Director, or designee of the occurrence (no later than three business days).
3. The notification requirements of this Section are in addition to any other notification requirements set forth in federal, state or local regulations and/or laws.

1. Whenever the Public Works Director or his or her designee determines that any person engaged in any activity and/or owning or operating any facility may cause or contribute to stormwater pollution or illicit discharges to the City’s storm drain system, the Public Works Director or his or her designee may, by written notice, order that such person undertake such monitoring activities and/or analyses and furnish such reports as the Public Works Director or his or her designee may recommend. The written notice shall be served either in person or by certified or registered mail, return receipt requested, and shall set forth the basis for such order and shall particularly describe the monitoring activities and/or analyses and reports required. The burden to be borne by the owner or operator, including costs of these activities, analyses and reports, shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such order shall undertake and provide the monitoring, analyses and reports within the time frames set forth in the order.
2. In the event the owner or operator of a project, development or facility fails to conduct the monitoring and/or analyses and furnish the reports required by the order in the time frames set forth therein, the City may cause such monitoring and/or analyses to occur and assess all costs incurred, including reasonable administrative costs and attorney’s fees, to the facility owner or operator. The City may pursue judicial action to enforce the order and recover all costs incurred.
   

Whenever the City finds that a person or entity has violated a prohibition or failed to meet a requirement of this Title, the authorized enforcement official may order compliance by written notice of violation to the responsible person.  Such notice may require, without limitation:

1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.

1. The violation of any of the provisions of this Stormwater Ordinance shall be a Class C misdemeanor.  Each day that a violation occurs shall constitute a separate offense.
2. Civil Penalties. The City may impose civil penalties for any violation of this Title in accordance with applicable Ordinances and Fee Schedule, or an individual assessment based on damages determined by the Public Works Director or Designee.
3. Damages. If, as the result of the violation of any provision of this Title, the City or any other party suffers damage and is required to make repairs to and/or replace any materials, the cost of the repair or replacement shall be borne by the party in violation, in addition to any criminal fines and/or penalties.
4. Nuisance. In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this Title shall be considered a threat to the public health, safety, welfare and the environment, and may be declared and deemed a nuisance by the Public Works Director, or his or her designee, and may be abated and/or restored by the City in accordance with nuisance procedures.
5. Other Relief. This Section shall not limit the authority of any court of competent jurisdiction to impose any other sanction or order any other relief as may be appropriate and lawful under local, State or Federal law.
6. Violators of this Stormwater Ordinance are also subject to any penalties that may be imposed by the State of Utah, under the authority of the Utah Water Quality Act, Title 19, Chapter 5 of the Utah Code.
   

1. Purpose. North Logan City recognizes and attributes substantial economic, environmental and aesthetic value to the trees and other plantings within the community. It is in the best interests of the citizens and public that a plan be developed to standardize the planting and maintenance of trees within easements, in rights-of-way and all other public places within the City.
2. Intent. It is the intent of the North Logan City Council that the terms of this ordinance shall be construed as to promote:
   1. The planning, planting, maintenance, restoration, protection and survival of desirable trees within the City; and,
   2. The protection of community residents from personal injury and property damage, and the protection of North Logan City from property damage caused or threatened by the improper planting, maintenance, or removal of trees located in and upon public areas and rights-of-way within North Logan City.
      

1. Other Plants or Plantings. Other Plants or Plantings shall mean any shrubs, grass or ground cover planted within street rights-of-way or easements or in proximity thereto.
   
2. Parks and Recreation Director. Parks and Recreation Director shall mean the person or designee responsible for maintenance of Street Trees.
   
3. Responsible Developer. Responsible Developer shall mean a Developer who has chosen to install Street Trees in a residential, commercial, industrial or multi-family development.
   
4. Street Tree. Street Tree shall mean any tree planted within the City right-of-way on either side of all streets, lanes, trails or ways within the City.
   
5. Park Tree. Park Tree shall mean any trees or other woody vegetation in public parks having individual names, and all areas owned by the City, or areas to which the public has free access as a park.
   
6. Street Tree Manual. Street Tree Manual shall mean a manual prepared by the Street Tree Advisory Board and the Parks and Recreation Director, or designee, pursuant to this ordinance containing regulations and standards for the planting, maintenance, and removal of trees in and upon public areas and rights-of-way within the City.
7. Top or Topping. Top or Topping shall mean the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree.
   
8. Tree Trimming. Tree Trimming shall mean the removal of plant parts to control growth and enhance performance or function in the landscape by developing and preserving tree structure and health. The removal of water sprouts, sucker growth, and hanging limbs is not considered tree trimming according to the provisions of this Chapter.
   

1. Street Tree Advisory Board. A Street Tree Advisory Board shall be designated by the Mayor, in consultation with City Staff and the Parks and Recreation Director, or designee. The Board shall consist of members of the community interested in promoting the benefit, growth and health of the urban forest. Board members should include, but not be limited to, persons with expertise in the field of urban forestry, Parks and Recreation Board members, City Staff such as the City Planning Office, Department of Public Works and the Department of Parks and Recreation or any other appropriate City personnel.
2. Assist The City. It shall be the responsibility of the Street Tree Advisory Board to study, investigate, counsel and assist the Parks and Recreation Director, or designee with the development of a plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees in parks, along streets and in other public areas. The Street Tree Advisory Board shall also assist the City in the preparation and revision of its Street Tree Manual including recommendations on tree species, tree planting locations and other related matters. The Street Tree Advisory Board shall write and implement an annual community forestry work plan to qualify and be deemed a Tree City USA.
3. Recommendation. The Street Tree Advisory Board, when requested by the Parks and Recreation Director, or designee, shall consider, investigate, make finding, report and recommend upon any special matter or question coming within the scope of its work.
4. Officers. The Street Tree Advisory Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings.
5. Service Without Pay. All members of the Street Tree Advisory Board shall serve without pay.
   

1. Authority. The Parks and Recreation Director, or designee shall be responsible for administering and enforcing the Street Tree Ordinance. He or she shall:
   1. Have supervision of all trees planted or growing in public rights-of-way or City- owned places within the City.
      
   2. Supervise the planting, trimming, spraying, preservation and removal of Street Trees and other plants in public streets, in City cemeteries and in City parks to promote safety, protect city utilities and preserve the beauty of such public places.
   3. Supervise  the  maintenance  of  Street  Trees,  Park  Trees  and  Other  Plants  or Plantings consistent with the language of the Ordinance. See Section 13H-104.
      
   4. Review all development applications for proper design and  planting of Street Trees, Park Trees and Other Plants or Plantings in the new development.
      
2. Desirable Street Tree List. The Street Tree Advisory Board under the direction of the Parks and Recreation Director, or designee, shall prepare a "Suggested Street Tree List" containing the botanical and common names of all trees approved to be planted in streets, trails, parks or easements. The Street Tree Advisory Board shall also develop an undesirable Street Tree list containing the botanic and common names of all trees not approved to be planted in streets, trails, parks or easements. These lists may be revised from time to time by the Street Tree Advisory Board, to include other suitable or undesirable trees, trees to be planted for evaluation purposes only. This list shall be included in the Street Tree Manual.
   
3. Public Awareness. The Parks and Recreation Director, or designee, shall make copies of the Street Tree Ordinance and the Street Tree Manual available to any interested persons, through the City Office and on the City Website. Copies shall also be available electronically and one copy of the Street Tree Manual will be available in the North Logan City Library.
   

1. Care and Maintenance. The Street Tree Advisory Board under the direction of the Parks and Recreation Director, or designee shall initiate and administer a program to encourage the planting, maintenance, care, removal and replacement of Street Trees, consistent with resources available.
   
2. Standards. All trees located within City streets, parks, rights-of-way, landscape borders, or on City-maintained property shall be maintained according to standards set by the North Logan City Street Tree Manual.
   
3. City Tree Planting and Maintenance. The City shall have the right to plant, prune, maintain and remove Street Trees located within the public rights-of-way.
   
4. Tree Replacement. The City may replace Street Trees or Other Plantings which have died or been removed for any reason, or plant additional Street Trees deemed appropriate and consistent with available resources.
   
5. Tree Topping. It shall be unlawful as a normal practice for any person, firm, or City Department to top any street tree, park tree, or other tree on public property including but not limited to electrical, gas, telephone and cable companies. Trees damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this Ordinance at the determination of the Parks and Recreation Director, or designee.
   
6. Debris Removal. The person working on trees on a street, highway, or public area shall remove all debris from the rights-of-way by sunset of the same day, unless specifically authorized to do otherwise by the Parks and Recreation Director, or designee. The acceptable standard shall be a broom clean finish or better.
7. City Authority. The City may condemn and remove, or order to be removed any tree, tree stump, shrub, or plant upon any of the public owned property within this City where the same is dead, diseased or for any reason whatsoever deemed undesirable or unsafe by the Parks and Recreation Director, or designee.
   

1. Planting. Any person, firm, partnership, corporation or organization of any kind, must obtain written approval from the Parks and Recreation Director, or designee prior to planting a tree in any public right-of-way. Said approval shall specify with a drawing/plan the location and variety of trees to be planted.
   
2. Trimming. Any person, firm, partnership, corporation or organization of any kind, must obtain approval from the Parks and Recreation Director, or designee prior to trimming any designated street tree. Approval is not required for removing sucker growth, watersprouts, minor limbs causing obstructions, or for removal of less than ten percent (10%) of the tree canopy.
   
3. Adjacent Property Owners to Maintain Trees on Their Property. Trees and other plantings on adjacent property shall not inappropriately overhang or encroach upon sidewalks, streets, public rights-of-way or other designated pedestrian ways, nor obstruct the view of traffic signs or any street intersection. Trees and other plantings that project over any street or access road that may be used for emergency purposes shall be trimmed to a safe height and shape. Adjacent property owners shall remove all dead, diseased, or dangerous trees; or broken or decayed limbs which constitute a menace to public safety, at their expense; or prune to eliminate encroachment on sidewalks and streets.
   
4. Removing Stumps. Any tree that shall be removed from any of the public streets or places within the City, shall be removed below the surface of the ground so that the top of the stump shall not project above the level of the ground, unless permission to leave a projecting stump is granted by the Parks and Recreation Director, or designee.
   
5. Abuse or Mutilation. It shall be unlawful to injure Street Trees as set forth in North Logan City Code
   
6. Approval Required. Any person, firm, partnership, corporation or organization of any kind, must obtain approval from the Parks and Recreation Director, or designee prior to removing any tree found upon any public street or on any City-owned property within the City. The Parks and Recreation Director, or designee, shall determine whether or not such tree must be retained, in order to preserve the intent and purpose of the Street Tree Plan. In making this determination the Parks and Recreation Director, or designee, shall consider the inconvenience or hardship which retention of the tree would cause the property owner, and consider also the condition, age, desirability of tree species and location. If the Parks and Recreation Director, or designee, finds that the tree may be removed without violating the Street Tree Plan, he may schedule the removal by City personnel or by the property owner and in accordance with the Street Tree Manual.
   
7. Considerations on Removing or Replacing a Street Tree. In determining whether a tree may be removed and replaced, the Parks and Recreation Director, or designee, shall consider, among other things, the following:
   
   1. Whether the tree(s) pose a potential for safety problems despite a sound maintenance program;
      
   2. Whether the roots from adjacent park strip trees are interfering with sewer lines servicing the abutting property to the extent that the property owner requires frequent repair of said sewer lines;
      
   3. Whether the tree is dead, dying or incurably diseased;
      
   4. Whether the tree is diseased and weakened by age, storm, fire or other injuries so as to pose a danger to persons, property, improvements or other trees;
      
   5. Whether the tree(s) is of an undesirable species;
      
   6. Whether the tree poses a hardship to the adjacent property owner such as, but not limited to, the cracking or raising of a garage floor or, in the case of a handicapped person, special circumstances exist which cause the location of the tree to become a hindrance for vehicle and handicapped access;
      
   7. Whether removal is necessary for construction of a street widening or other public improvement project, or necessary street or public improvement repair work.
      
8. Exceptions. Street Trees or other plantings which are required to be planted by a Responsible Developer, City Crews or City Contractor may be planted without approval, provided however, that such trees and plantings shall conform to such plans and specifications and shall be planted according to the Street Tree Manual.

1. Responsible Developers. Where right-of-way park strip improvements require trees in accordance with an approved subdivision or Development Plan/Agreement, the Responsible Developer shall install all Street Trees in accordance with approved development plans and shall bond with the City for the street tree improvements. The bond will be sufficient to cover installation, maintenance and warranty of the trees for one year after planting.
   
2. Street Tree Manual. All Street Trees will be planted in accordance with the Street Tree Manual. Street Tree Plantings will be inspected by the Parks and Recreation Director, or designee.
   
3. Planting Street Trees. Street Trees will not be planted in planter strips in front of a home until development of the home along any street in a new development is at least eighty percent (80%) complete and the home is occupied.
   
4. Watering Street Trees. It will be the responsibility of the Responsible Developer to water and maintain Street Trees for the first year after planting. After that time, the property owner, or their agent, will be responsible.
   

1. Planting. Planting of Street Trees in previously developed areas will be approved and supervised by the Parks and Recreation Director, or designee. Trees planted in these areas will be of suggested species where possible. Private Citizens may only plant Street Trees in these areas with the approval of the Parks and Recreation Director, or designee. Unapproved plantings may be removed by the City at the owner’s expense.
2. Restrictions. Planting of Street Trees in previously developed areas will generally occur according to the Suggested Tree Selection Lists found in the Street Tree Manual. Areas with planter strips too narrow may not receive new Street Trees, even if existing trees are removed.

1. At a minimum, adjacent property owners will be required to maintain their park strips by watering Street Trees and removing fallen leaves and branches from the adjacent gutter.
2. The City may remove, or suggest to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its presence is injurious to sewer, electrical power lines, natural gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest.
3. The City shall have the authority to condemn and remove, or order to be removed any tree, tree stump, shrub, or plant upon private property when the Parks and Recreation Director, or designee, shall find such action necessary for public safety or to prevent the spread of disease or insects to public trees. Where no apparent emergency exists, the Parks and Recreation Director, or designee, shall give at lease fifteen (15) days notice of the City’s intent to remove any Street Tree, to adjacent property owners.

The decision of the Parks and Recreation Director, or designee, may be appealed by any person. The appeal shall be in writing, signed by the applicant with a statement of reasons supporting the appeal. The appeal shall be filed with the Parks and Recreation Board, or designee no later than the fifteenth (15th) calendar day following the decision of the Parks and Recreation Director, or designee. The Parks and Recreation Board, or designee, shall hear the appeal and render an opinion within forty-five (45) days after the appeal is filed.

Any person objecting to the decision rendered by the Parks and Recreation Board, or designee, may appeal to the Council, in writing, within thirty (30) days after the date of mailing of the decision to the applicant.

The City is a party to that certain Interlocal Cooperation Agreement between Cache County and Participating Municipalities of Cache County for Creation of an Interlocal Entity for County and Municipal Solid Waste Disposal dated November 2022 (the “Interlocal Agreement”) which established the interlocal entity called the Cache Waste Consortium (the “Consortium”). The Consortium may from time to time enter into certain Solid Waste Services Agreements (the “Services Agreement”) whereby providers agree to provide waste collection services for all governmental entities who are a part of the Consortium. The Services Agreements require governmental entities in the Consortium to adopt ordinances for the enforcement of the exclusive right granted to the provider under contract with the Consortium. This Chapter is meant to, and should be interpreted to, meet the requirements of the current Services Agreement of the Consortium.

1. “Bin” means a watertight metal or heavy plastic receptacle with a hinged plastic lid and a capacity of between one (1) and eight (8) cubic yards, designed or intended to be mechanically dumped into a packer type truck and provided to the City by the City Collector.
2. “Cart” means a watertight heavy plastic receptacle with a rated capacity of approximately sixty-four (64) or ninety-six (96) gallons, having a hinged, tight-fitting lid, and two (2) wheels and provided to the City by the City Collector.
3. “City Collector” means the provider currently established by resolution of the City Council.
4. “Collection Service(s)” means the process by which Solid Waste is removed from a Commercial or Residential Premises, transported to a transfer, disposal or processing facility, and subsequently disposed or processed.
5. “Commercial Premises” means (i) Multi-Family Complexes, and (ii) Premises at which business or governmental activity is conducted, including, but not limited to, retail sales, services, medical facilities, wholesale operations, manufacturing and industrial operations, governmental operations, and schools.
6. “Container” means a Bin, Cart or Roll-Off Container provided by the City Provider.
7. “Dwelling Unit” means any individual living unit that includes a kitchen, and a room or suite of rooms, and is designed or occupied as separate living quarters for an individual or group of individuals. However, Dwelling Unit does not include a hotel or motel unit.
8. “Green Waste” means any vegetative matter resulting from normal yard and landscaping maintenance that is not more than three (3) feet in its longest dimension or six (6) inches in diameter. Green Waste includes, but is not limited to, plant debris, grass clippings, leaves, prunings, weeds, branches, brush, undecorated Christmas trees, and other forms of vegetative waste.
9. “Multi-Family Complex” means any Premises with two (2) or more Dwelling Units, where such Dwelling Units receive centralized Collection Services (and not individualized Cart-based Collection Services).
10. “Multi-Family Dwelling Unit” means a Dwelling Unit in a Multi-Family Complex.
11. “Overage” is defined as (i) Refuse, Recyclables or Green Waste exceeding its Container’s intended capacity such that the lid is lifted by at least ten inches (or would be lifted by at least ten inches if lowered) or (ii) Refuse, Recyclables or Green Waste placed on top of or in the immediate vicinity of the Container, in bags or otherwise.
12. “Premises” means any parcel of real property in the City where Solid Waste is generated or accumulated.
13. “Recyclables” means aluminum cans, PET bottles with the symbol #1 with screw tops only, HDPE plastic bottles and containers with the symbol #2 (milk jugs, detergent containers, and shampoo bottles, etc.), PP plastic bottles and containers with symbol # 5 (ex. yogurt containers, syrup bottles), steel and tin cans, glass food and beverage containers – any color, newspaper, mail, uncoated paperboard (Cereal boxes, food and snack boxes), old corrugated containers/cardboard (uncoated) (moving boxes, pizza boxes), magazines, glossy inserts and pamphlets.
14. “Refuse” means Solid Waste that is set out for collection and disposal pursuant to this Agreement. Refuse does not include Recyclables or Green Waste set out for collection.
15. “Residential Premises” means a Single-Family Premises.
16. “Roll-Off Container” means an all-metal container with ten (10) cubic yards or more capacity that is loaded onto a specialized collection vehicle.
17. “Service Recipient” means an owner or occupant of a Residential or Commercial Premises who is receiving Collection Services.
18. “Single-Family Premises” means (i) any Premises with less than four (4) Dwelling Units, and (ii) any Premises with four (4) or more Dwelling Units where each Dwelling Unit receives individualized Cart-based Collection Services (and not centralized Collection Services), which Premises have been registered or verified with the City for the receipt of Collection Services.
19. “Solid Waste” means all putrescible and non-putrescible solid, semi-solid, and liquid wastes that are generated or coming to exist in the City, including discarded Recyclables and Green Waste, but excluding Unacceptable Waste.
20. “Unacceptable Waste” means any waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized, or listed under applicable federal, state, or local laws or regulations, any materials containing information protected by federal, state or local privacy and security laws or regulations (unless tendered to the City Collector pursuant to a separate agreement), or any material the acceptance or handling of which would cause a violation of any applicable statute, rule or regulation, damage to the City Collector’s equipment of facilities, or present a substantial endangerment to the health or safety of the public or the City Collector’s employees. Title to and liability for Unacceptable Waste shall remain with the generator at all times.

The City Collector is hereby granted the exclusive duty, right and privilege to provide Collection Services or otherwise handle all Solid Waste generated, deposited, accumulated or coming to exist at Commercial and Residential Premises in the City.

All Commercial and Residential Premises in the City shall receive Collection Services through the City Collector and shall enroll in Collection Services with the City through the forms and agreements adopted by the City.

1. Except as provided herein, it shall be unlawful for any person, except the City Collector, to provide Collection Services or otherwise handle any Solid Waste generated, deposited, accumulated or coming to exist at Commercial and Residential Premises within the City.
2. It shall be unlawful for more than one Single-Family Premises to share the same Collection Services account with the City.
3. Except as may occur through ordinary wear and tear, it shall be unlawful for any person to lose, damage or destroy any Container.
4. It shall be unlawful for any person to intentionally remit any Unusable Waste in any Container with the purpose of the Unusual Waste being picked up as part of Collection Services.
5. It shall be unlawful for any person to cause any Overage with any Container.
6. It shall be unlawful for any person to overfill any Container. For the purposes of this subsection, “overfill” shall mean two times the volume capacity of the Container (e.g. 192 pounds for a 96-gallon Cart).
7. Nothing herein shall be construed to prohibit any owner, occupant or tenant of a Premises from personally, either directly or indirectly, handling, hauling, or transporting Solid Waste generated by or from such Premises for purposes of disposing of the same at an authorized disposal area or transfer station.
8. Nothing herein shall be construed to prohibit the right of any person to sell Recyclables (i.e., receipt of a net payment) to any person lawfully engaged in the recycling business in the City or to donate Recyclables to any bona fide charity, provided that all such Recyclables are separated by the generator of the Recyclables.

Any person who violates any provision of this Chapter shall be guilty of a Class C misdemeanor, and shall, at the exclusive election of the City, indemnify the City against any and all costs and expenses incurred by the City as a result of the violation, including costs and attorney fees incurred in enforcing the provisions of this Chapter or collecting any amounts due and owing to the City due to Collection Services.

As deemed necessary by the Public Works Director, or designee, the City shall enter into a Maintenance Agreement with a developer(s), Land Owner(s), Home Owners Association, Businesses or other second party entity associated with storm water control or handling.  Said agreements shall consider long term post construction storm water controls at new development and redevelopment sites.  Maintenance Agreements shall include the following:

1. The property owner shall provide for both construction-phase and post-construction access for the City to inspect storm water control measures on private properties that discharge to the City Storm Water system to ensure that adequate maintenance is being performed.
2. Alternatively, the second party may be permitted to maintain of their own controls on private property.  A qualified third party may be agreed upon for said maintenance and certified annual inspections.
3. The Maintenance agreement shall allowance for the City to define in an agreement, any maintenance requirements for any control measures or structural BMP installed on site.
4. Through the agreement, the City shall be allowed to conduct oversight inspections of the storm water control measures during construction.
5. The agreement shall account for transfer of responsibility in leases and/or deeds of the responsibilities defined in the agreement.
6. The City shall be able to perform necessary maintenance or corrective actions neglected by the property owner/operator, and bill or recoup costs from the property owner/operator as needed.
7. Inspections shall be addressed in the agreement, Inspect annually the controls either by the property owner, a pre-approved third party inspector or by the City Inspector.  If a third party inspector is arranged, the City shall be able to inspect the site at least every five years.
8. Access to private property associated with the Storm water Controls and pollutants shall be granted by the agreement.

The City may provide an outline or template for such maintenance agreements, including required Standard Operating Procedures (SOP’s), Inspection Forms and Maintenance Logs.  All maintenance agreements shall be recorded with the property.

1. The North Logan authority:
   1. shall notify the applicant, in writing, of a specific violation;
   2. shall provide the applicant a reasonable time of at least one business day to correct the specific violation; and
   3. may perform an inspection to verify that the applicant corrects the specific violation is corrected.
2. If an applicant does not correct the specific violation described in 13G-504.1 (1)(a) within the timeline set under 13G-504.1 (1)(b), the authority:
   1. shall issue a written warning, that the applicant has not corrected the specific violation;
   2. may impose a fine if the applicant does not correct the specific violation within no less than an additional one business day; and
   3. may perform an inspection to verify that the applicant corrected the specific violation.
3. If an applicant does not correct the specific violation for which the applicant received notice in accordance with 13G-504.1 (1)(a) within the timeline set under 13G-504.1 (2), the authority:
   1. shall notify the applicant, in writing, that the applicant has not corrected the specific violation; and
   2. may impose an administrative fine for each occurrence as follows:
      1. $500 per occurrence for working without an approved storm water permit;
      2. $300 per occurrence for tracking mud on road;
      3. $250 per occurrence for failure to clean up or report spills;
      4. $100 per occurrence for failure to conduct storm water inspections;
      5. $100 per occurrence for failure to maintain storm water records; and
      6. $500 per site, per occurrence, for failure to use general best management practices, as determined by the authority; and
   3. may impose the administrative fine:
      1. for each business day the specific violation continues beginning on the day after the day on which the authority issues the administrative fine; and
      2. within 30 days after the day on which the applicant corrects the violation.
4. The authority shall:
   1. impose each fine in writing and clearly document the specific violation in the writing; and
   2. deposit collected fines into a restricted account for education and outreach under a program.
5. Except as provided in 13G-504.1 (6), the authority may not issue an order to stop construction activity for a violation if:
   1. an applicant selects the preferred best management practice for the site conditions;
   2. an applicant implements and properly uses the preferred best management practices; and
   3. the violation results from a deficiency in the preferred best management practice.
6. The authority may issue an order to stop construction if the authority has a clearly documented reason articulating an immediate threat to water quality.
7. The authority may recoup the reasonable costs incurred to correct a specific violation the applicant refuses to correct after the enforcement process described in 13G-504.1 has been exhausted if the authority, at the time of clean up, determines there is an imminent threat of significant harm to water quality or the storm water system.
8. An authority may not impose a fine for any reason except as provided in 13G-504.1.