1. It shall be unlawful and punishable as a class C misdemeanor provided for any person, firm, public utility, public agency, or corporation, to make, enlarge or change any excavation, regrade existing contours, place fill or strip vegetation without complying with the provisions of this chapter and obtaining a stormwater pollution prevention plan (SWP3) and erosion control plan (ECP) permit as provided for herein. It shall also be unlawful for any person hiring or directing another person, firm, or corporation to perform the work without obtaining an SWP3 and ECP permit.
2. It shall be unlawful and punishable as provided to change or expand the excavation, regrading of existing contours, placement of fill or stripping of vegetation without first requesting a modification of the SWP3 and ECP permit issued for the work.
3. An SWP3 and ECP permit shall be required for any project which requires a permit under any other ordinance, development code or building permit issued by Oakley City.
4. An SWP3 and ECP permit shall be required for commercial and industrial uses occupying a site of one acre or more, and which are found to be discharging sediment off site, into a waterway, or tracking onto a road or street

Emergency excavations, grading, or placement of fill may be made without a permit if the reason for the excavation or grading or placement of fill is to prevent loss of life or damage to property which appears to be imminent if the action is delayed by waiting to secure said permits. In such emergency situations, those making the excavation, grading or placement of fill must contact the City office at the earliest possible time, but in no case later than the first working day following the emergency work in order to secure a formal permit. None of the provisions of this chapter are waived for emergency situations except for the prior permit requirement.

Applications shall be made by the owner of the property on which the work is being done. In the case of work within a public right of way, by the firm, public utility, public agency or corporation actually doing the work, or in the case of work within a private road or private road right of way, by the owner of the road or association responsible for the maintenance of the road. Applications for all permits shall be made to the City office as provided, and state the purpose therefor, the person, firm, public utility, or corporation doing the actual work and the name of the person, firm, public utility, or corporation for whom or by which the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws of Oakley City, the state of Utah, and the federal government relating to the work to be done. The application shall also provide for an agreement that the applicant shall indemnify the county for any loss, liability, or damage that may result from or because of the making, placement, existence, or manner of guarding or constructing any such excavation. The application shall be accompanied by a stormwater pollution prevention plan and erosion control plan (SWP3 and ECP). Said plan shall have a drawing of the location of the intended excavation, grading, filling or stripping of vegetation, and the pertinent dimensions thereof. The SWP3 and ECP plan shall employ best management practices (BMPs) and shall contain the layout, typical sections and details of the erosion control and sediment control measures to be used in the plan.

1. All permits issued pursuant to this chapter shall be valid for a period not to exceed the development permit, "grading" permit or "excavation" permit issued in conjunction with the SWP3 and ECP permit. A copy of the permit issued shall be available on site at all times when work is under way.
2. Excavations, grading, or filling of sites which are one acre or more, are required by state and federal regulations to file a "notice of intent" with the Utah division of water quality, stormwater permits section (http://waterquality.utah.gov/updes/stormwater.htm). A copy of the notice of intent shall be submitted with the application as provided herein.

The following activities are exempt from the requirements of this chapter:

1. Actions by a public agency or utility, the City, county or other governmental agency to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic; or
2. Actions by any person when the county determines, and documents in writing, that the actions are necessary to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic.
3. Landscape maintenance activities on fully developed property.
4. Bona fide agricultural and farming operations which constitute the principal use of any parcel or tract of ground located in the county and which meet the requirements of the zoning for that portion of the county in which the operation is located.

A review fee and inspection fee, in the current amount as set by resolution of the City council, shall accompany each application for a permit. Fees must accompany the application.

Applicants shall file a completion bond with the City in an amount set by the City engineer at the time the permit is approved. This may be cash, a letter of credit from an FDIC insured financial institution, or a corporate surety bond. The bond shall be valid until one year after all work shown in the permit is completed to guarantee that the conditions of the permit together with any restorative work is completed properly. The bond will be released by the City engineer.

1. The City engineer shall from time to time inspect, or cause to be inspected, all work done pursuant to permits to ensure the enforcement of the provisions of this chapter. Notification shall be given to the City at least twenty-four (24) hours prior to the commencement of any work and within twenty-four (24) hours after implementing the SWP3 and ECP. The completion bond shall not be released without an inspection made to determine satisfaction of all applicable provisions of this chapter.
2. For construction sites whose area of disturbance is one acre or more, the applicant shall retain qualified personnel to inspect the sediment control measures: 1) at least once each two (2) and after a storm event which precipitated 0.5 inch of water or more within twenty-four (24) hours. The inspector shall prepare written reports of each inspection and make recommendations for correcting any sediment control measure (BMP) found not performing as intended. A copy of each inspection shall be kept on site until such time as the disturbed area has been permanently stabilized. A copy of the report shall also be submitted to the office of the City.
3. The applicant shall implement all recommendations of the inspector, or the City engineer, to correct any sediment control measure (BMP) found not performing as intended.

An applicant for an SWP3 and ECP, whose application has been denied or approved with conditions, may appeal the denied or imposed conditions to the Appeal Authority. A notice of appeal must be filed with the office of the City within ten (10) days of the denial or imposition of conditions of the permit. The notice of appeal shall contain the following information:

1. An application with applicant's name, address and daytime telephone number;
2. A statement describing the basis for the appeal; and
3. The relief sought by the applicant.

The appeal shall be scheduled on the next available Appeal Authority meeting.

In the event of failure on the part of any person, firm, public utility, or corporation to comply fully with the provisions of this chapter, Oakley City is authorized to:

1. Initiate criminal action by citation or information under section 13-13-12 of this chapter and/or proceed to forfeit bond; or
2. Proceed to forfeit bond; or
3. Install or repair such erosion control and sediment control measures as required to restore the SWP3 and ECP; or
4. Give written notice to such person, firm, public utility, or corporation to restore such BMPs as required to restore or implement the SWP3 and ECP. Such notice may be served either by personal service or by mailing the notice to the person, firm, public utility, or corporation by certified mail and posting a copy thereof on such installation for a period of ten (10) days. If the SWP3 and ECP is not implemented or restored within ten (10) days after the notice is complete, said authorities may implement the SWP3 and ECP at the expense of the person, firm, public utility, or corporation and recover costs and expenses, and also the sum of one hundred dollars ($100.00) for each day the SWP3 and ECP were not in effective operation after notice was complete, in an action for that purpose; or
5. If such person, firm, public utility, or corporation refuses to implement an SWP3 and ECP, said authorities may bring an action to abate the same as a nuisance, and if judgment is recovered by said authorities, there shall also be recovered, in addition to having the same abated, the cost of action and the sum of one hundred dollars ($100.00) for every day such nuisance remained after notice was given for its implementation in the manner provided in subsection D of this section. See UCA § 27-12-135.

Specific standards and requirements for the enforcement of this chapter may be adopted from time to time by the City and are made a part of this chapter by reference.

Any person who violates the provisions of this chapter is guilty of a class C misdemeanor, punishable by a fine not to exceed seven hundred fifty dollars ($750.00), or a jail term of up to ninety (90) days, or by both such fine and jail term. Violators of this chapter are also subject to any penalties that may be imposed by the state of Utah, or the federal government, under the clean water act. In addition to any criminal fines and/or penalties which may be assessed for a violation of this chapter, Oakley City shall have the right to issue a stop work order on the entire construction site, and/or install or maintain appropriate erosion control and sediment control measures on any site which is required to have such measures in the event that construction activity is commenced or continued without such measures having been installed or required by this chapter. Oakley City shall have the right to have such measures installed and maintained by City personnel or to hire a private contractor to perform such work at the expense of the permittee, property owner, developer or contractor responsible for such measures. The City may assess said expenses against the bond posted by the permittee. It is unlawful for any person, firm, public utility, public agency, or corporation to continue any further work on the construction site after a stop work order has been issued. A violation of a stop work order is punishable as a class C misdemeanor. Oakley City may also pursue civil remedies for a violation of this chapter.