Opening Ceremonies 1. Welcome/Introductions Portia Mila 2. Serious Moment of Reflection/Pledge of Allegiance Sharla Bynum

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1 See Page Two for Continuation of Agenda South Salt Lake City Council REGULAR MEETING AGENDA Public notice is hereby given that the South Salt Lake City Council will hold a Regular Meeting on Wednesday, September 5, 2018 in the City Council Chambers, 220 East Morris Avenue, Suite 200, commencing at 7:00 p.m., or as soon thereafter as possible. Conducting: Portia Mila, District 4 Council Chair: Ben Pender Sergeant at Arms: Opening Ceremonies 1. Welcome/Introductions Portia Mila 2. Serious Moment of Reflection/Pledge of Allegiance Sharla Bynum Approval of Minutes August 8, 2018 Regular Meeting August 8, 2018 Work Meeting No Action Comments 1. Scheduling City Recorder 2. Citizen Comments/Questions a. Response to Comments/Questions (at the discretion of the conducting Council Member) 3. Mayor Comments 4. City Attorney Comments 5. City Council Comments 6. Council Attorney Comments Action Items UNFINISHED BUSINESS 1. An Ordinance Amending Chapter Subdivision and Mayor Wood Development Standards 2. Reconsideration of Ordinance Amending Section Mark Kindred , City Council Powers and Duties NEW BUSINESS 1. A Resolution Approving the First Amendment to the Central Mayor Wood Valley Water Reclamation Facility amended and restated Interlocal Cooperation Agreement and Authorization for the City s Representative to Vote in Favor of the Proposed Policy Amendment Public Hearing 7:30 (Or As Soon Thereafter As Possible) To receive public comment regarding the adoption of a Storm Water Utility Fee 1. Dennis Pay, for the City, to present information and answer questions 2. Open Public Hearing 3. Receive Public Input 4. Close Public Hearing

2 City of South Salt Lake City Council Regular Meeting September 5, 2018 Page 2 5. Discussion, Consideration and Potential Action by the City Council a. An Ordinance of the South Salt Lake City Council Enacting Title to Create a Storm Water Utility, Implement Storm Water User Fees, and Establish a Storm Water Enterprise Fund b. An Ordinance of the South Salt Lake City Council Approving Amendments to Title 3.11, the Consolidated Fee Schedule, to Establish a Storm Water User Fee Rate Motion for Closed Meeting Adjourn Posted August 31, 2018 Those needing auxiliary communicative aids or other services for this meeting should contact Craig Burton at , giving at least 24 hours notice. In accordance with State Statute and Council Policy, one or more Council Members may be connected via speakerphone. Citizen Comments/Question Policy Time is made available for anyone in the audience to address the Council and/or Mayor concerning matters pertaining to City business. When a member of the audience addresses the Council and/or Mayor, he or she will come to the podium and state his or her name and address. Citizens will be asked to limit their remarks/questions to five (5) minutes each. In meetings during which numerous individuals wish to comment, the time for all citizen comments may be limited to three (3) minutes each, at the discretion of the conducting Council Member. The conducting Council Member shall have discretion as to who will respond to a comment/question. In all cases the criteria for response will be that comments/questions must be pertinent to City business, that there are no argumentative questions and no personal attacks. Some comments/questions may have to wait for a response until the next regular council meeting. The conducting Council Member will inform a citizen when he or she has used the allotted time. Grievances by City employees must be processed in accordance with adopted personnel rules.

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12 ORDINANCE NO AN ORDINANCE OF THE CITY OF SOUTH SALT LAKE CITY COUNCIL AMENDING CHAPTER SUBDIVISION AND DEVELOPMENT STANDARDS WHEREAS, the City Council is authorized by state law to enact and amend ordinances establishing land use regulations to foster a broad array of public purposes; WHEREAS, the city s current Subdivision and Development Standards Ordinance precludes orderly economic development and dedication of public infrastructure by excluding a variety of authorized land uses from the subdivision process; WHEREAS, this codified limitation can be revised to harmonize with the plain language of SSLC Code Title 17 Zoning and thereby facilitate the orderly subdivision and development of authorized land uses; WHEREAS, on, 2018 the Planning Commission held a properly noticed public hearing to consider the proposed amendment to SSLC Code Sections and ; WHEREAS, the Planning Commission thereafter positively recommended that the Council adopt the proposed amendment as described below; WHEREAS, the City Council finds that the proposed amendment promotes economic development and facilitates the orderly subdivision of land; and NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of South Salt Lake City as follows: SECTION I: Amendment. Amend selected provisions of SSLC Code Section as follows: Definitions "Cul-de-sac" means a minor terminal (dead end) street provided with a turn- around. "Development" means any building activity or clearing of land; any modification of any lot or parcel boundary; or any subdivision of land including the creation of separate development pads, common areas, condominium units, multi-family residential dwellings, or commercial or industrial structures.a proposed or approved improvement to land or buildings which shall be done as a regular subdivision, nonresidential development, rental residential development or PUD development. The use of the term development herein shall be interchangeable with any and all of the types of development named in this definition. "Lot" means a legally subdivided parcel or tract of landdevelopment pad. abutting a public or private street or which has a legal existing lot right-of-way access to a street, which is or may be occupied by one building and the accessory buildings or uses customarily incident thereto, including such open spaces and parking areas as are arranged and designed to be used in connection with the building according to the requirements of this chapter and/or the zone

13 within which the lot is located. "Mixed use development" means any development containing residential and commercial/industrial uses within the project area. Such developments shall be done as a PUD. "Multi-tenant development" means any commercial/industrial (nonresidential) development of land where more than one tenant will occupy a single building or series of adjoining buildings or where more than one building is located on a single parcel of land or multiple parcels wherein each building does not have its own lot. Shall include such developments as strip malls, business parks and other similar developments. "Owner occupied residential development" means those developments whereinthe type of each dwelling unit is customarily sold subdivided and recorded with an unique tax parcel identification number. to individual owners and includes such developments as regular single family home subdivisions meeting the requirements of the respective zone in which they are located. Other types of ownership developments such as townhomes, twin homes, condominiums and others including those with private streets shall be treated as PUD developments. "Planned unit development (PUD)" means an integrated design for subdivision and development that is authorized within a Planned Unit Development Overlay Zone. of residential, commercial or industrial uses, or limited combinations of such uses, in which one or more of the zoning regulations or development standards may be varied or waived to allow flexibility and creativity in site and building design and location in accordance with an approved plan and imposed requirements. "Public improvements" means streets, curb, gutter, sidewalk, trails, parks, water and sewer lines, storm sewers, flood control facilities and other similar facilities which are required to be dedicated to the city or a separate public entity in connection with development, conditional use or site plan approval. "Public right-of-way" means any right-of-way, road, street, alley, lane, court, place, viaduct, tunnel, culvert, trail or bridge laid out or erected as such by the public or dedicated to or abandoned to and accepted by the public or made such in any action by the development of real property, and includes the entire area within the right-of-way. "Rental residential development" means residential development of equivalent residential units that are not subdivided and recorded with separate tax parcel identification numbers. is one owner in nature; one parcel of property, or a contiguous property area made up of two or more parcels; and being residentially occupied by rent or lease methods. Commonly referred to as apartments but may be other types. "Right-of-way" means any improved and defined recorded access way for vehicular traffic, such as streets, roads, alleys, lanes and other similar descriptions, which provides access to a property or buildingconsistent with City standards. May be public or private and includes the entire area within the right-of-way. "Small development" means a subdivision of not more than three lots or units, or a multi-tenant development of less than one-half acre or four tenants whichever is the smaller, or a PUD development of less than four owner occupied dwelling units or one-half acre whichever is the smaller, and which meets the requirements for such development as specified herein. "Street" means any improved public right-of-way for vehicular traffic or any private right of

14 way dedicated and improved to city standards which that provides the principle access to a property. May be public or private and includes the entire area within the right-of-way. Street, Arterial. "Arterial street" means a street existing or proposed to serve as a major traffic way and is designated in the master street plan as a controlled-access highway or major street parkway, or other equivalent term to identify those streets comprising the basic structure of the street plan. Street, Freeway. "Freeway street" means a street with a fully controlled access designed to link major destination points. A freeway is designed for high speed traffic with a minimum of four travel lanes. Street, Half. "Half street" means the portion of a street within a development comprising at least one-half of the minimum required right-of-way on which improvements are constructed and in accord with one-half of an approved typical street section. Half streets are not allowed in South Salt Lake City. Street, Local. "Local street" means a minor street which that is provides access to abutting properties and protection from through traffic. designated as such in the master street plan. Street, Major Collector. "Major collector street" means a street that is designated as such in the master street plan, existing or proposed, which is the main means of access to the major street system. Street, Minor Collector. "Minor collector street" means a street, existing or proposed, which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood.that is designated as such in the master street plan. Street, Private. "Private street" means a right-of-way which that has been improved to City standards and reserved by dedication dedicated by a recorded plat unto the developer or lot owners to be used as a private access, with the right of public use, to serve specific property. All private streets shall be approved by the city and maintained by the developer or other private agency. Street, Public. "Public street" means a right-of-way which that has been dedicated to the city and accepted by the city councilby plat, or which that the city has acquired by prescriptive right, deed or other form of legal by dedication., or a thoroughfare which has been made public by use and which affords access to abutting property, including highways, roads, lanes, alleys, avenues, boulevards and other similar descriptions. "Subdivider" means any person who: (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly, sells, leases or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit or plat in a subdivision, or, who (3) engages directly, or through an agent, in the business of selling, leasing, developing or offering for sale, lease or development a subdivision, or who (4) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing. Usually synonymous with developer.

15 "Subdivision" means any land that is divided, re-subdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, pads, condominium units, tracts, or interests for the purpose of offering, selling, leasing, or developing whether immediate or future, either on the installment plan or upon any and all other plans, terms and conditions. "Subdivision" includes: (1) the division, assembly or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat or other recorded instrument; (2) divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes; and (3) re-subdivision and condominium creation or conversion. Subdivision, Regular. "Regular subdivision" means a subdivision wherein all streets are public and built according to city development specifications, all lots front on public streets and meet the minimum lot require l developments is for owner-occupied units only. SECTION II: Amendment. Amend SSLC Code Section as follows: Article VII. - Subdivisions Regular Limitations. Regular subdivisions shall be are limited to owner occupied residential development wherein all streets are or will be public and built according to city engineering and development specifications, all lots front on a public streets and meet the minimum lot requirements of the respective zone, and all development is supported by required public infrastructure.; and to commercial/industrial developments with lots for single tenant buildings only, which lots meet the minimum requirements of the respective zone and which are developable and capable of being built upon including consideration for the required parking, landscaping and other facilities required in the respective zone and by the use anticipated, and wherein all lots front on public streets which are or will be built according to city development specifications. SECTION II. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION III. Conflict with Existing Ordinances, Resolutions, or Policies. To the extent that any ordinances, resolutions, or policies of the City of South Salt Lake conflict with the provisions of this ordinance, this ordinance shall prevail. SECTION IX. Effective Date. This ordinance shall become effective upon Mayor s signature and publication, or after fifteen days of transmission to the office of the Mayor if neither approved nor disapproved by the Mayor, and thereafter, publication. DATED this day of BY THE CITY COUNCIL: 4

16 Ben Pender, Council Chair ATTEST: Craig D. Burton, City Recorder City Council Vote as Recorded: Beverly dewolfe Kindred Mila Pender Siwik Thomas Transmitted to the Mayor s office on this day of Craig D. Burton, City Recorder MAYOR S ACTION: Dated this day of,

17 Cherie Wood, Mayor ATTEST: Craig D. Burton, City Recorder 6

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19 ORDINANCE NO AN ORDINANCE OF THE CITY OF SOUTH SALT LAKE CITY COUNCIL AMENDING CHAPTER SUBDIVISION AND DEVELOPMENT STANDARDS WHEREAS, the City Council is authorized by state law to enact and amend ordinances establishing land use regulations to foster a broad array of public purposes; WHEREAS, the city s current Subdivision and Development Standards Ordinance precludes orderly economic development and dedication of public infrastructure by excluding a variety of authorized land uses from the subdivision process; WHEREAS, this codified limitation can be revised to harmonize with the plain language of SSLC Code Title 17 Zoning and thereby facilitate the orderly subdivision and development of authorized land uses; WHEREAS, on, 2018 the Planning Commission held a properly noticed public hearing to consider the proposed amendment to SSLC Code Sections and ; WHEREAS, the Planning Commission thereafter positively recommended that the Council adopt the proposed amendment as described below; WHEREAS, the City Council finds that the proposed amendment promotes economic development and facilitates the orderly subdivision of land; and NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of South Salt Lake City as follows: SECTION I: Amendment. Amend selected provisions of SSLC Code Section as follows: Definitions "Cul-de-sac" means a minor terminal (dead end) street provided with a turn- around. "Development" means any building activity or clearing of land; any modification of any lot or parcel boundary; or any subdivision of land, including the creation of separate development pads, common areas, condominium units, multi-family residential dwellings, commercial or industrial structures. a proposed or approved improvement to land or buildings which shall be done as a regular subdivision, nonresidential development, rental residential development or PUD development. The use of the term development herein shall be interchangeable with any and all of the types of development named in this definition. "Lot" means a legally subdivided parcel or tract of landdevelopment pad. abutting a public or private street or which has a legal existing lot right-of-way access to a street, which is or may

20 be occupied by one building and the accessory buildings or uses customarily incident thereto, including such open spaces and parking areas as are arranged and designed to be used in connection with the building according to the requirements of this chapter and/or the zone within which the lot is located. "Mixed use development" means any development containing residential and commercial/industrial uses within the project area. Such developments shall be done as a PUD. "Multi-tenant development" means any commercial/industrial (nonresidential) development of land where more than one tenant will occupy a single building or series of adjoining buildings or where more than one building is located on a single parcel of land or multiple parcels wherein each building does not have its own lot. Shall include such developments as strip malls, business parks and other similar developments. "Owner occupied residential development" means those developments whereinthe type of each dwelling unit is customarily sold subdivided and recorded with an unique tax parcel identification number. to individual owners and includes such developments as regular single family home subdivisions meeting the requirements of the respective zone in which they are located. Other types of ownership developments such as townhomes, twin homes, condominiums and others including those with private streets shall be treated as PUD developments. "Planned unit development (PUD)" means an integrated design for subdivision and development that is authorized within a Planned Unit Development Overlay Zone. of residential, commercial or industrial uses, or limited combinations of such uses, in which one or more of the zoning regulations or development standards may be varied or waived to allow flexibility and creativity in site and building design and location in accordance with an approved plan and imposed requirements. "Public improvements" means streets, curb, gutter, sidewalk, trails, parks, water and sewer lines, storm sewers, flood control facilities, and other similar facilities which are required to be dedicated to the city or a separate public entity in connection with development, conditional use or site plan approval. "Public right-of-way" means any right-of-way, road, street, alley, lane, court, place, viaduct, tunnel, culvert, trail, or bridge laid out or erected as such by the public or dedicated to or abandoned to and accepted by the public or made such in any action by the development of real property, and includes the entire area within the right-of-way. "Rental residential development" means residential development of equivalent residential units that are not subdivided and recorded with separate tax parcel identification numbers. is one owner in nature; one parcel of property, or a contiguous property area made up of two or more parcels; and being residentially occupied by rent or lease methods. Commonly referred to as apartments but may be other types. "Right-of-way" means any improved and defined recorded access way for vehicular traffic, such as streets, roads, alleys, lanes and other similar descriptions, which provides access to a property or buildingconsistent with City standards. May be public or private and includes the entire area within the right-of-way.

21 "Small development" means a subdivision of not more than three lots or units, or a multi-tenant development of less than one-half acre or four tenants whichever is the smaller, or a PUD development of less than four owner occupied dwelling units or one-half acre whichever is the smaller, and which meets the requirements for such development as specified herein. "Street" means any improved public right-of-way for vehicular traffic or any private right of way dedicated and improved to city standards which that provides the principle access to a property. May be public or private and includes the entire area within the right-of-way. Street, Arterial. "Arterial street" means a street existing or proposed to serve as a major traffic way and is designated in the master street plan as a controlled-access highway or major street parkway, or other equivalent term to identify those streets comprising the basic structure of the street plan. Street, Freeway. "Freeway street" means a street with a fully controlled access designed to link major destination points. A freeway is designed for high speed traffic with a minimum of four travel lanes. Street, Half. "Half street" means the portion of a street within a development comprising at least one-half of the minimum required right-of-way on which improvements are constructed and in accord with one-half of an approved typical street section. Half streets are not allowed in South Salt Lake City. Street, Local. "Local street" means a minor street which that is provides access to abutting properties and protection from through traffic. designated as such in the master street plan. Street, Major Collector. "Major collector street" means a street that is designated as such in the master street plan, existing or proposed, which is the main means of access to the major street system. Street, Minor Collector. "Minor collector street" means a street, existing or proposed, which is supplementary to a collector street and of limited continuity which serves or is intended to serve the local needs of a neighborhood.that is designated as such in the master street plan. Street, Private. "Private street" means a right-of-way which that has been improved to City standards and reserved by dedication dedicated by a recorded plat unto the developer or lot owners to be used as a private access, with the right of public use, to serve specific property. All private streets shall be approved by the city and maintained by the developer or other private agency. Street, Public. "Public street" means a right-of-way which that has been dedicated to the city and accepted by the city councilby plat, or which that the city has acquired by prescriptive right, deed, or other form of legal by dedication., or a thoroughfare which has been made public by use and which affords access to abutting property, including highways, roads, lanes, alleys, avenues, boulevards and other similar descriptions.

22 "Subdivider" means any person who: (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly, sells, leases or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit, or plat in a subdivision, or, who (3) engages directly, or through an agent, in the business of selling, leasing, developing, or offering for sale, lease or development a subdivision, or who (4) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing. Usually synonymous with developer. "Subdivision" means any land that is divided, re-subdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, pads, condominium units, tracts, or interests for the purpose of offering, selling, leasing, or developing whether immediate or future, either on the installment plan or upon any and all other plans, terms and conditions. "Subdivision" includes: (1) the division, assembly, or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instrument; (2) divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes; and (3) re-subdivision and condominium creation or conversion. Subdivision, Regular. "Regular subdivision" means a subdivision wherein all streets are public and built according to city development specifications, all lots front on public streets and meet the minimum lot requirements. l developments is for owner-occupied units only. SECTION II: Amendment. Amend SSLC Code Section as follows: Article VII. - Subdivisions Regular Limitations. Regular subdivisions shall be are limited to owner occupied residential development wherein all streets are or will be public and built according to city engineering and development specifications, all lots front on a public streets and meet the minimum lot requirements of the respective zone, and all development is supported by required public infrastructure.; and to commercial/industrial developments with lots for single tenant buildings only, which lots meet the minimum requirements of the respective zone and which are developable and capable of being built upon including consideration for the required parking, landscaping and other facilities required in the respective zone and by the use anticipated, and wherein all lots front on public streets which are or will be built according to city development specifications. SECTION III. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION IV. Conflict with Existing Ordinances, Resolutions, or Policies. To the extent that any ordinances, resolutions, or policies of the City of South Salt Lake conflict with the provisions of this ordinance, this ordinance shall prevail. 4

23 SECTION V. Effective Date. This ordinance shall become effective upon Mayor s signature and publication, or after fifteen days of transmission to the office of the Mayor if neither approved nor disapproved by the Mayor, and thereafter, publication. DATED this day of BY THE CITY COUNCIL: Ben Pender, Council Chair ATTEST: Craig D. Burton, City Recorder City Council Vote as Recorded: Beverly dewolfe Kindred Mila Pender Siwik Thomas Transmitted to the Mayor s office on this day of Craig D. Burton, City Recorder 5

24 MAYOR S ACTION: Dated this day of, ATTEST: Cherie Wood, Mayor Craig D. Burton, City Recorder 6

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29 ORDINANCE NO AN ORDINANCE OF THE SOUTH SALT LAKE CITY COUNCIL ENACTING TITLE TO CREATE A STORM WATER UTILITY, IMPLEMENT STORM WATER USER FEES, AND ESTABLISH A STORM WATER ENTERPRISE FUND WHEREAS, the South Salt Lake City Council (the Council ) met in a regular session on June 13, 2018, July 11, 2018, and September 5, 2018, to consider, among other things, enacting Title of the City of South Salt Lake Code of Ordinances with respect to the creation and operation of a storm water utility; and WHEREAS, the City of South Salt Lake ( City ) owns and operates a storm water collection system which has been developed over many years and consists of a network of natural conveyances and manmade structures and conduits that collect, control and route storm water runoff; and WHEREAS, the Council finds that inadequate management of the quantity and quality of storm water runoff causes flooding and property damage, carries concentration of heavy metals, oils, toxic materials into receiving and ground waters, and degrades the integrity of City neighborhoods and infrastructure; and WHEREAS, the Council finds that such are hazards and pose a significant risk to public health, safety, and welfare; and WHEREAS, the Council finds that such risks are best managed by a storm water system that is effectively maintained, improved, repaired, operated, regulated, and controlled, and thereby conveys a significant service to residents and businesses within the City limits; and WHEREAS, the City has authority under the Utah Municipal Code, Utah Code Annotated Section (1)-(2), to construct, reconstruct, maintain, and operate culverts, drains, sewers, catch basins, manholes, cesspools, and all systems, equipment and facilities necessary to the proper drainage of the city and make a reasonable charge for such services; WHEREAS, pursuant to the Federal Clean Water Act, 33 U.S.C. Chapter 26, the U.S. Environmental Protection Agency ( EPA ) has established rules and regulations setting forth the National Pollutant Discharge Elimination System ( NPDES ) permit requirements for municipal storm water discharges ( Phase II Permit Program ); and WHEREAS, the State of Utah, through its Department of Environmental Quality ( DEQ ), has been delegated authority to administer the Phase II Permit Program and has adopted state rules and regulations implementing the Program; and

30 WHEREAS, the City, along with other municipalities in the Jordan Valley as a copermittee of a Phase II Storm Water Permit, is required, among other things, to implement a storm water management program and associated ordinance to (1) control the contribution of pollutants to the storm water system associated with industrial sites, construction sites, and other activities within the City; (2) prohibit illicit discharges of pollutants into the storm water collection system spills, dumping, or disposal of materials other than storm water; (3) promote implementation of long-term storm water controls on development sites; (4) educate City residents and businesses about the storm water program; and (4) enforce compliance with the program and ordinance; and WHEREAS, the City has an estimated $11.3 million in storm water capital needs and projected annual operations costs of $1,390,000 to implement the storm water program and make incremental capital improvements; and WHEREAS, unlike all other co-permittees and most cities along the Wasatch Front, the City does not currently have a dedicated revenue source for storm water activities and capital costs; WHEREAS, based on recommendations made to the City by consulting engineers Hansen, Allen, & Luce, Inc. ( Engineers ), the City Engineer, and City legal counsel, the Council finds that the owners of properties with impervious surfaces within the City contribute to, make use of, and benefit from the City s storm water collection system and should proportionately contribute to the funding of the City s efforts to maintain, operate, regulate, enforce, and improve the City s storm water collection system and storm water management program; and WHEREAS, the Council finds that implementing a storm water utility will assist in achieving compliance with the requirements of the Phase II Storm Water Permit; and WHEREAS, the Council finds that implementing a storm water utility will enable ongoing maintenance, operations and the improvement of the storm water collection system and implementation and enforcement of the storm water program; and WHEREAS, the Council hereby finds that the establishment of a storm water utility is the most fair and equitable method to fund the City s storm water management program including the requirements of the Phase II Storm Water Permit, and the establishment of a storm water utility is in the best interest of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED by the South Salt Lake City Council that the following be adopted as Title of the City of South Salt Lake Code of Ordinances: Policy and Purpose. The City has determined and hereby declares that the City s Storm Water System benefits and services all property within incorporated City limits and protects the health, safety, and welfare of the City and its residents, businesses, and visitors by managing and 2

31 controlling storm water runoff, reducing hazards to life and property from storm water runoff, reducing undesirable storm water conditions, and preventing polluted waters from entering receiving waters Definitions. Base Rate means the standard Storm Water User s fee set forth in the Consolidated Fee Schedule for the City of South Salt Lake. BMP" means Best Management Practices to improve storm water quality and prevent or detain storm water runoff. City means the City of South Salt Lake. Council means City of South Salt Lake Council. County means Salt Lake County. Customer or Person' means any individual; public or private corporation and its officers; partnership; association; firm; trustee; executor of an estate; the State or its departments, institutions, bureaus, agencies; county; city; political subdivision; or any other governmental or legal entity recognized by law. Developed Property means any parcel that has been altered from its natural conditions by grading, filling, overlaying, or the constructions of improvements or other impervious surfaces. Equivalent Residential Unit or ERU means a unit equal to 2,700 square feet of impervious surface area. This is based on an average single-family residential parcel, which has an impervious surface area of 2,700 square feet. Total ERU's are calculated by dividing total square feet of impervious surface by 2,700 (one ERU), rounded to the nearest whole number. Impervious Surfaces means any hard surface that prevents or hinders the absorption of water into the soil, or that causes reduced quality of runoff water, or causes water to runoff in greater quantities or at greater flow rates than the natural surface. Mitigation means onsite facilities, BMPs or infrastructure which retain storm water onsite, manage water runoff, reduce storm water flow, and/or improve storm water quality. Other Developed Property means all property that is not Single-Family Residential Property including, but not limited to, commercial, industrial, institutional, and multifamily residential property. 3

32 Parcel means a separately, segregated unit of land having an identified owner(s). A parcel has boundaries and a surface area which is identified and documented with an identification number by Salt Lake County. Phase II Permit means the UPDES Permit issued to the Jordan Valley municipalities, including the City, Permit No. UTS000001, as amended. Reduced Rate means the reduced Storm Water User s fee rate set forth in the Consolidated Fee Schedule for the City of South Salt Lake for property owners that meet the requirements of Section (D). Single-Family Residential means any one parcel of land containing no more than one single-family dwelling unit. Storm Water means water produced by storms, surface drainage, snow and ice melt, and any other water produced by natural means. Storm Water Fund means the fund created by this ordinance to receive Storm Water User Fees and operate, maintain, and improve the City s Storm Water System. Storm Water Maintenance Agreement means the permit required in Title of the Storm Water Management Ordinance. Storm Water System means all man-made storm sewer facilities and conveyances, and natural storm water systems owned or maintained by the City that store, control, treat, and/or convey storm water. Storm Water Program means the City s program developed to implement the requirements of the Phase II Permit. Storm Water Utility means the utility created by this chapter which operates, maintains, regulates, and improves storm water facilities and programs within the City. Storm Water User Fee means the fee(s) calculated pursuant to Section of this chapter by multiplying the number of ERUs for the parcel (or one ERU for Single-Family Residential Parcels) by the Base Rate or Reduced Rate if applicable. Storm Water System means all man-made storm water facilities, man-made or naturally occurring storm water conveyances including, but not limited to: designated open space and areas owned by and maintained by the City that retains, controls, or conveys storm water. Undeveloped Parcel means any parcel that has not been altered, graded, filled, overlaid, or constructed and has less than five (5) percent Impervious Surface. 4

33 UPDES Permit means the state/national program for issuing, modifying, revoking and reissuing, termination, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 318, 402, and 405 of the Clean Water Act Storm Water Utility. A. Creation. There is hereby created and established a Storm Water Utility operated by the City and funded by a service fee rate structure. The Storm Water Utility, under the legislative policy, supervision and control of the Mayor and Council, shall: 1. Administer and enforce this ordinance and all regulations and procedures adopted relating to the design, construction, maintenance, operation and alteration of the Storm Water System and the Storm Water Program; and 2. Implement the requirements of the Phase II Permit and the Storm Water Program. B. Enterprise Fund. There is hereby established a storm water utility enterprise fund ( Storm Water Fund ) to record all revenue, expenses, asset and liability information as well as other financial transactions related to the Storm Water Utility. All fees and other revenue collected in accordance with this ordinance shall be recorded into the Storm Water Fund accounts and shall be used exclusively for the Storm Water Utility. All revenue and expenses and other financial information shall be reported as prescribed by the State of Utah s Uniform Fiscal Procedures Act for Utah Cities. C. Administration. The Storm Water Utility shall be administered by the City Engineer unless otherwise designated by the Mayor Storm Water User Fee A. Fee Imposed. Beginning October 1, 2018, all owners of properties within the City that have Impervious Surfaces contribute runoff water to the Storm Water System or otherwise benefit from the Storm Water System are responsible for paying the Storm Water User Fee as set forth in this chapter. B. Base Rate. The Council, by ordinance or resolution, shall establish, and periodically adjust, the Base Rate for the Storm Water Utility to ensure adequate revenues to fund the costs of storm water management. The Base Rate shall be set forth in the City of South Salt Lake Consolidated Fee Schedule, available at Title C. Amount of Charge. For purposes of calculating the Storm Water User Fee, there is hereby established an Equivalent Residential Unit (ERU ) of 2,700 square feet to be used to calculate respective fees using the Base Rate set forth in the City of South Salt Lake Consolidated Fee Schedule, Title The ERU is derived from the average Impervious Surface of Single-Family Residential Parcels within the City limits. For the 5

34 purposes of determining the Storm Water User Fee, all properties are classified into one of the following classes: 1. Single-Family Residential. The Council finds that the intensity of development of most parcels classified as Single-Family Residential is similar and that it would be inefficient to determine the precise Impervious Surface on each parcel. Therefore, all Single Family Residential properties in the City shall be charged the equivalent of one (1) ERU multiplied by the Base Rate. 2. Other Developed Property. The Storm Water User Fee for all other non- Single-Family Residential property shall be the Base Rate multiplied by the numerical factor obtained from dividing the total impervious surface area (in sqft) of Other Developed Property by one ERU and rounded to the nearest whole number. (Impervious-Surface square footage One ERU) x Base Rate = Storm Water User Fee 3. Undeveloped Property. Any parcel that has not been altered by grading, filling or construction and which has less than 5 percent impervious surface shall have no Storm Water User Fee assessed. D. Reduced Rate for Implementing BMPs. An owner of Other Developed Property may apply to the City to calculate a Storm Water User Fee using the Reduced Rate set forth in the City of South Salt Lake Consolidated Fee Schedule, Title 3.11, where the owner has implemented Mitigation to reduce storm water runoff from the property. The Reduced Rate is available for commercial, industrial, institutional and multi-family developments that implement long term Best Management Practices BMPs to reduce or remove pollutants from storm runoff, before it leaves the development site. To qualify for this rate, the owner or representative of a parcel must: 1. Obtain BMP approval and secure a Storm Water Maintenance Agreement through the City's Engineering Department; and 2. Agree to allow inspections of the property to ensure the approved BMP is still in place and properly maintained. If BMPs are not properly maintained, the site will no longer qualify for a reduced rate. E. Property Owners Responsible for Charges. The property owner of record is responsible for the Storm Water User Fee. An alternative billing arrangement may be requested as set forth in Section ; however, the property owner retains all obligations for payment of Storm Water User Fees. F. Policies. The City may adopt policies and rules to assist in applying, administering, and interpreting the service fee credit and other provisions related to the Storm Water Utility. 6

35 G. Appeals. Any person or property owner who is aggrieved by the provisions of this chapter, or the application and calculation of the service charge to their property may appeal to the City pursuant to Section and Title 2.22 of the South Salt Lake City Code Billing and Collection. The City shall bill property owners of Impervious Surfaces for the Storm Water User Fee via a separate line item on existing utility bills or a separate invoice, consistent with the procedures set forth in Section of the South Salt Lake City Code. Charges and fees shall be considered delinquent if not paid as determined by rules, policies, and procedures established by the City. Such delinquent fees shall be subject to recovery, with any assessed delinquent charges and fees, by civil action or otherwise pursuant to Section (H). A. Alternative Billing Arrangement. Owners may assign the payment of the Storm Water User Fee to non-owners by signing an Alternate Billing Agreement with the City. Multi-Family properties may also choose to have individual property owners billed separately pursuant to an Alternate Billing Agreement Annual Report. The City s Storm Water Division shall develop an annual report on the Storm Water Utility to be made available to the Council and Storm Water Utility Customers. This report shall summarize the financial activities of the Utility and the major areas of expenditure, activities, accomplishments, and the upcoming year s priorities Severability. If any section of this chapter is determined to be illegal, invalid, or superseded by other lawful authority, including any federal or state legislative, regulatory, or administrative action, such section shall be deemed a separate, distinct, and independent provision, and such determination shall have no effect on the validity of any other section. This ordinance will take effect upon execution by the Mayor or after fifteen days from transmission to the office of Mayor if neither approved nor disapproved by the Mayor. DATED this day of, BY THE CITY COUNCIL: ATTEST: Ben B. Pender, Council Chair Craig D. Burton, City Recorder 7

36 City Council Vote as Recorded: Beverly dewolfe Kindred Mila Pender Siwik Thomas Transmitted to the Mayor s office on this day of, Craig D. Burton, City Recorder MAYOR S ACTION: Dated this day of, ATTEST: Craig D. Burton, City Recorder Cherie Wood, Mayor 8

37 ORDINANCE NO AN ORDINANCE OF THE SOUTH SALT LAKE CITY COUNCIL APPROVING AMENDMENTS TO TITLE 3.11, THE CONSOLIDATED FEE SCHEDULE, TO ESTABLISH A STORM WATER USER FEE RATE WHEREAS, the City Council is concurrently establishing a Storm Water Utility, to be adopted as Title in the City of South Salt Lake Code of Ordinances, to enable the longterm maintenance and operation of the City s Storm Water System and implementation and regulation through the Storm Water Program by imposing a Storm Water User Fee on all properties within incorporated City limits; WHEREAS, the City of South Salt Lake has adopted a Fee Schedule which has been codified in South Salt Lake Municipal Code Title 3.11; WHEREAS, the City Council desires to set the Storm Water User Fee through amendment of the Fee Schedule; WHEREAS, the City Council finds that the fees identified in the Fee Schedule are reasonably calculated to recover the costs for the identified services and facilities which are provided by the City of South Salt Lake; and WHEREAS, the City Council finds that the total costs of providing the services is correlated with these fees so as to fall equitably upon those who are similarly situated and in a just proportion to the benefits conferred by the City, BE IT ORDAINED, therefore, by the City Council of the City of South Salt Lake that Title 3.11 is amended as provided in the attached Exhibit A. This ordinance will take effect upon execution by the Mayor or after fifteen days from transmission to the office of Mayor if neither approved nor disapproved by the Mayor. DATED this day of September, BY THE CITY COUNCIL: Ben B. Pender, Council Chair Page 1

38 ATTEST: Craig D. Burton, City Recorder City Council Vote as Recorded: Beverly dewolfe Kindred Mila Pender Siwik Thomas Transmitted to the Mayor s office on this day of Craig D. Burton, City Recorder MAYOR S ACTION: Dated this day of, ATTEST: Craig D. Burton, City Recorder Cherie Wood, Mayor Page 2

39 EXHIBIT A AMENDMENTS TO CONSOLIDATED FEE SCHEDULE SECTION X Section X. Utilities Sewer & Industrial Waste User fee (all users) Base User Fee (calculated using ave. winter water usage or actual usage, whichever is greater)* Base fee $7.00 per 1,000 gal. * New residential accounts are charged based on actual usage or for 5,000 gal. per unit per month until an average winter water usage amount is determined, whichever is greater. New accounts for multi-family residential dwellings are calculated using previous average winter water usage or 5,000 gal per unit per month, whichever is greater. New business accounts are charged based on the average winter consumption for the previous business or the actual monthly consumption if the business type has changed, until a winter average history can be obtained. Average winter water usage may be prospectively adjusted during the year if the customer provides proof of leakage, repair, and data supporting lower water usage. Storm Water Storm Water User Fee: Storm Water User Fees for Storm Water Utility (Title 13.25): Pursuant to Title , the Storm Water User Fee will be calculated using the Base Rate and Reduced Rate set forth below and an established Equivalent Residential Unit ERU - equivalent to 2,700 square feet. Base Rate Reduced Rate $4.00 per ERU $3.00 per ERU Page 3

40 STORMWATER UTILITY FEE FREQUENTLY ASKED QUESTIONS Q: What is stormwater? Stormwater is any water that falls from the sky including rain, hail and snow. Stormwater runoff is stormwater that runs across hard surface and can collect debris and other pollutants as it flows into our stormwater system and into local waterways like rivers, streams and lakes. Q: What is a Stormwater Utility Fee? A stormwater fee, like a water or sewer fee, is a utility fee that raises funds specifically for stormwater water maintenance, improvements, and education. It cannot be used for any other purposes. Q: Why does SSL need a Stormwater Utility Fee? State and Federal water quality standards require the City to comply with stormwater discharge mandates. The Stormwater Utility Fee would provide the City with the funding needed to properly maintain the stormwater system and meet water quality regulations. If the City does not implement a Stormwater Utility Fee, the State may not renew their stormwater permit and the City may face major fines. Q: How is the Stormwater Utility Fee calculated? All single-family residences would pay a flat $4.00 per month fee. This is based on the average amount of Impervious Surface Area, 2,700 square-feet, for a residential property in South Salt Lake. Commercial and multifamily-residential properties would be charged $4.00 for every 2,700 square-feet of Impervious Surface Area. Impervious Surface areas include rooftops, sidewalks, walkways, patios, driveways, parking lots and any other surface that does not allow water to soak into the ground. Q: Why is the commercial and multifamily-residential Stormwater Utility Fee based off of Impervious Surface Area? Stormwater runoff directly correlates to the amount of impervious surface area because it does not allow water to soak in like it normally would. The greater the impervious surface area the more water that is likely to enter the stormwater system resulting in increased maintenance and repair costs. Businesses and non-residential properties typically have more Impervious Surface Area that the average residential property in the City.

41 Q: Who would pay the Stormwater Utility Fee? All property owners within the City of South Salt Lake limits, including businesses and nonresidential/commercial properties, would pay a Stormwater Utility Fee. Q: Why is it a utility fee and not a tax? A utility fee allows for more equitable distribution of the costs to maintain and service the City s stormwater system because it is paid by all users, even renters and businesses, and is based only on what is needed (i.e. the amount of Impervious Surface Area). Because a fee can only be used for the purpose it is collected for, a fee ensures that all funding will go back into the stormwater system and not be utilized for other purposes. Q: How does the City currently pay for Stormwater services? Currently, the City s stormwater budget comes from the General Fund. The General Fund does not provide adequate funding for the City to properly maintain the stormwater system and meet water quality standards. Q: Where will property owners see the Stormwater Utility Fee? If the City Council passes the stormwater ordinance, the Stormwater Utility Fee will be added to property owners existing utility bill. Q: Isn t stormwater system the same as our sewer system? No. Stormwater and sewer are two completely different systems. The sewer system takes all the wastewater from toilets, showers, and sinks and carries it through your plumbing system to a water treatment facility. The stormwater system drains rainwater and other outdoor water such as sprinkler water directly into local waterways like the Jordan River and the Millcreek. Because of the sheer volume of this runoff, stormwater is not treated which is why it is important to keep pollutants out at the source.

42 South Salt Lake is proposing a new Stormwater Utility Fee to ensure the health, safety and quality of our waterways. The City lacks the funding needed to properly maintain its stormwater system and meet new State and Federal water quality regulations. This new dedicated stormwater funding would allow the City to: Fund $11 million in capital improvement projects that are needed over the next years Purchase equipment and supplies needed to maintain the City s stormwater system Increase staffing to perform regular maintenance, inspection and enforcement of water quality regulations and standards Fund additional cleaning efforts at inlets and catch basins Increase public education and reduce the discharge of pollutants into the system Get Informed The community is encouraged to attend and upcoming event to speak with a stormwater manager or visit to learn more. About the Stormwater Utility Fee: Single-family residences would pay $4 per month Businesses would pay $4 for every 2,700 sq ft. of Night Out Against Crime & Emergency Prep Fair Tuesday, August 7, :00 p.m. - 9:00 p.m. Central Park Community Center S 200 E impervious surface area (hard surfaces) Impervious surface area is measured via aerial photos or site plans during construction The City Council will consider the stormwater ordinance Cool Summer Nights - Free Outdoor Movie Friday, August 10, :00 p.m. - 9:00 p.m. Fitts Park S 500 E Open House Wednesday, September 5, :00 p.m. - 7:00 p.m. City Hall East Morris Ave Public Hearing Wednesday, September 5, :30 p.m. City Hall East Morris Ave Stormwater Ordinance Consideration Wednesday, September 19, :00 p.m. City Hall East Morris Ave at the September 19 meeting

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