(a)

To the extent practicable, all development shall conform to the natural contours of the land, and natural and preexisting humanmade drainageways shall remain undisturbed.

(b)

To the extent practicable, lot boundaries shall coincide with natural and preexisting humanmade drainageways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainageways.

(Prior code 23-511; Ord. 30-04 §1, 2004; Ord. 2025-02 §1, 2025)

(a)

All developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. Surface water shall not be regarded as unduly retained if:

(1)

The retention results from a technique, practice or device deliberately installed as part of an approved sedimentation or stormwater runoff control plan; or

(2)

The retention is not substantially different in location or degree from that experienced by the development site in its predevelopment state, unless such retention presents a danger to health or safety.

(b)

No surface water may be channeled or directed into a sanitary sewer.

(c)

Whenever practicable, the drainage system of a development shall coordinate with and connect to the drainage systems or drainageways on surrounding properties or streets.

(d)

All drainage structures and flood control measures shall be constructed according to the most recent version of the Urban Drainage and Flood Control District Standards, except as follows: water depth in a one-hundred-year event shall not exceed six (6) inches in parking lots.

(Prior code 23-512; Ord. 30-04 §1, 2004)

(a)

All drainage and floodplain systems shall be designed to permit the unimpeded flow of natural water sources.

(b)

All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically:

(1)

No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby causing substantial change to such higher adjacent properties; and

(2)

No development may be constructed or maintained so that surface waters from such development are unreasonably collected and channeled onto lower adjacent properties at locations or volumes as to cause substantial damage to such lower adjacent properties.

(c)

The drainage system shall be designed to consider the drainage basin as a whole and shall accommodate not only runoff from the subdivision area but, where applicable, shall accommodate the runoff from those areas adjacent to and upstream from the subdivision itself, as well as its effects on lands downstream.

(d)

The drainage system shall be designed to prevent any increase in runoff from the development site as a result of development. Stormwater drainage from the site shall be restricted by the drainage system to a level equal to the historic flows from the undeveloped site.

(e)

Complete drainage systems for the entire development area shall be designed by a professional engineer, licensed in the State and qualified to perform such work. All existing drainage features which are to be incorporated in the design shall be so identified. All proposed surface drainage structures shall be indicated and all appropriate designs, details and dimensions necessary to clearly explain proposed construction materials and elevations shall be included in the drainage plans. If the development is to be constructed in phases, a general drainage plan for the entire area shall be presented with the first phase, and appropriate development stages for the drainage system for each phase shall be indicated.

(f)

A study detailing methods of handling all drainage shall be submitted and approved by the City.

(Prior code 23-513; Ord. 30-04 §1, 2004)

(a)

Purpose. The purpose of the land disturbance permit process is to prevent soil erosion and sedimentation from occurring as a result of nonagricultural development within the City, and to establish minimum standards for the protection of exposed or disturbed soil surfaces and for surface water retention and drainage during and after construction.

(b)

Applicability. Any person proposing to construct improvements or facilities or to develop or redevelop land within the City shall comply with the standards and procedures specified in this Article. No such person shall disturb land until such person has obtained a valid land disturbance permit or has been exempted from the provisions of this Article. No construction or building permit shall be approved until the requirements of this Article have been met.

(c)

Exemptions. The following activities shall be exempt from this Article unless the City determines that a particular hazard exists:

(1)

Non-construction related activities associated with residential and community gardening;

(d)

Soil erosion and sediment control plans. A soil erosion and sediment control plan shall be prepared and shall conform to the requirements of the City's "Construction Stormwater Plan Review, Site Inspection and Enforcement Plan."

(e)

Land disturbance permit. This Article establishes a two-stage process to govern land disturbance within the City:

(1)

All persons to whom this Article applies pursuant to Subsection (b) above must file with the City Clerk an application on the form provided describing the proposed location and extent of the land disturbance activity.

(2)

A land disturbance permit is required if the City determines that the proposed land disturbance activity is not exempt under Subsection (c) hereof. No grading, vegetation removal, filling or other land disturbance shall occur until the City has reviewed and approved the applicant's erosion and sediment control plan and issued a valid land disturbance permit. A permit is not required if an erosion and sediment control plan for the subject property has been approved as part of any subdivision plat approval, special use permit approval, or site development plan approval.

(3)

Prohibited activities. No permit shall be issued if:

a.

The proposed work, in the determination of the City, would cause erosion or sedimentation which would cause hazards to the public safety and welfare;

b.

The proposed work will damage any public or private property or interfere with any existing drainage course or irrigation ditch in such a manner as to cause damage to any adjacent property or result in the deposition of debris or sediment on any public way or into any waterway or create an unreasonable hazard to persons or property;

c.

The land area for which land disturbance is proposed is subject to geologic hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce settlement, slope, instability or any other such hazard to persons or property; or

d.

The land area for which the land disturbance is proposed lies within a designated floodplain or any stream or watercourse, unless a hydrologic report prepared by a professional engineer is submitted certifying that the proposed land disturbance will have no detrimental influence upon the public welfare or upon the total development of the watershed, and such conclusion is approved by the City.

(4)

Permit application. The applicant shall submit a separate application for each site upon which land disturbance is to occur.

(5)

Application fee. Each application for a land disturbance permit shall be accompanied by a nonrefundable fee in an amount as set forth in the City's Fee Schedule as adopted by the City Council from time to time.

(6)

Administrative review and approval. The application shall be reviewed by the City Manager or the Manager's designee, and may be approved if the City Manager or the Manager's designee finds that the application complies with this Code. Appeals of any decision made by the City Manager or the Manager's designee may be made to the Board of Adjustment pursuant to Article 24.

(7)

Modification of the erosion and sediment control plan. The City may approve, disapprove or approve with conditions an application to allow a new or modified erosion and sediment control technique or plan amendment. In reviewing such application, the City may require reports and data sufficient to render such a decision. No grading work in connection with any proposed modification shall be permitted without the approval of the City.

(f)

Applicant and permittee responsibilities.

(1)

The applicant shall install and perform all erosion and sediment control measures in accordance with the approved erosion and sediment control plan. All other construction (i.e., streets, utilities, etc.) shall be completed according to the approved final construction drawings and specifications. All erosion and sediment control measures, both temporary and permanent, shall be adequately maintained by the applicant and all subsequent owners of the property, unless alternative maintenance arrangements are otherwise agreed to by the City.

(2)

Regular maintenance, including mowing, sediment removal, repairs of eroded areas, cleaning of inlets and outlets, debris removal and weed control, shall be performed as needed. All erosion and sediment control facilities shall be inspected by the permitee following any heavy rainfall, and necessary emergency maintenance shall be completed as soon as possible thereafter. If maintenance is not performed, the City may elect to maintain the erosion and sediment control facilities and charge the owner for all associated costs.

(3)

During grading operations, the permittee shall be responsible for:

a.

The prevention of damage to any public utilities or services within the limits of grading and along any routes of travel of the equipment.

b.

The prevention of damage to adjacent property. No person shall grade on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any public or private property without supporting and protecting such property from settling, cracking or other damage which might result.

c.

The prompt removal of all soil, miscellaneous debris or other materials applied, dumped or otherwise deposited on public streets, highways, sidewalks, public thoroughfares or irrigation ditches during transit to and from the construction site, where such spillage constitutes a public hazard in the determination of the City Manager or the Manager's designee.

(g)

Enforcement and inspection.

(1)

The City, through periodic inspections, shall determine whether the work covered by the land disturbance permit is in conformance with the approved erosion and sediment control plan. The City may stop work if such work does not comply with the approved plan.

(2)

Notwithstanding the existence or pursuit of any other remedy, the City may maintain an action in any court of competent jurisdiction for an injunction or other process against any person to restrain or prevent violations of this Article.

(3)

Upon satisfactory execution of all approved plans and receipt of a written statement by a registered engineer that all improvements have been constructed according to the approved plan, the City shall issue a certificate of completion.

(Prior code 23-514; Ord. 30-04 §1, 2004; Ord. 02-11 §1, 2011; Ord. 10-14 §11, 2014)

(a)

Colorado Department of Public Health and Environment (hereinafter "CDPHE") permit required. It shall be unlawful for any person to conduct any activity resulting in the following total disturbed area without first obtaining a CDPHE stormwater general permit for construction activities.

(1)

One (1) acre or more.

(2)

Less than one (1) acre if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.

(b)

City land disturbance permit required. A land disturbance or grading permit from the City may be required in areas with a potential high effect on water quality regardless of the size of the total disturbed area in conjunction with approval of a final subdivision plat, special use permit, or site development plan, or if the construction activities are adjacent to a watercourse or wetlands.

(c)

If required in Subsection (a) above, an application for a grading or building permit from the City shall also include documentation of an application for a CDPHE stormwater general permit for construction activities and a completed stormwater management plan.

(d)

Construction activities may not proceed until permit approval is received from the CDPHE, if required, and the City.

(Ord. 02-11 §2, 2011)

(a)

A Construction Stormwater Management Plan (hereinafter a "SWMP") shall be prepared based on the practices and details outlined in the Urban Drainage and Flood Controls District's (UDFCD's) Drainage Criteria Manual, Volume III Construction BMPs, Section 3.0 - Construction Activities Management - Planning and Implementation section. This section outlines measures for the proper handling of construction site waste that may cause adverse impacts to water quality. The Best Management Practices (hereinafter "BMPs") must be implemented to control wastes such as discarded building materials, concrete truck washout, chemicals, litter, sanitary waste, and other non-stormwater discharges including construction dewatering and wash water.

(b)

The owner or their representative will be required to have the approved SWMP on site at all times when work is occurring and shall be prepared to respond to maintenance of specific BMPs.

(c)

The owner or their representative shall inspect all BMPs at least every fourteen (14) days and within twenty-four (24) hours after any precipitation or snowmelt event that causes surface runoff. Inspections of BMPs shall be conducted by an individual who has successfully completed training in erosion and sediment control by a recognized organization acceptable to the City Manager or the Manager's designee. A certification of successful completion of such training shall be provided upon request.

(d)

Based on inspections performed by the owner or by City personnel, modifications to the SWMP will be necessary if at any time the specified BMPs do not meet the objectives of this Article. In such cases, the owner shall meet with the City Manager or the Manager's designee to determine the appropriate modifications. All modifications shall be completed as soon as possible after the referenced inspection, and shall be recorded on the owner's copy of the SWMP.

(e)

SWMP review/changes. The operator shall amend the plan whenever there is a significant change in design, construction, operation or maintenance, which has a significant effect on the potential for discharge of pollutants to the MS4 or receiving waters, or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activities.

(f)

Records of inspection are to be maintained on site with the SWMP and are to be available to the City inspector upon request.

(Ord. 02-11 §2, 2011; Ord. 2025-02 §1, 2025)

All BMPs designed to meet the requirements of this Article shall comply with the following technical standards and be based on the practices and details outlined in Volume III of the Urban Drainage and Flood Control District's (UDFCD's)Drainage Criteria Manual Volume III:

(1)

City Rules and Regulations.

(2)

Any other alternative methodology approved by the City, which is demonstrated to be effective.

(Ord. 02-11 §2, 2011)

(a)

Land development must address stormwater runoff quality through the use of permanent BMPs which shall be maintained in perpetuity. For land disturbances that are governed by Subsections 16-29-50(a) and (b) above, permanent BMPs for post-construction shall be required in accordance with this Section.

(l)

Structural BMPs located on private property shall be constructed, owned and operated by the owner of the property on which the BMP is located unless the City, in writing, agrees that a person other than the owner shall construct, own or operate such BMPs.

(2)

As a condition of approval of the BMP, the owner shall also agree to maintain the BMP to its design capacity unless or until the City relieves the property owner of that responsibility in writing and accepts the BMP for public maintenance. The obligation to maintain the BMP shall be memorialized on the subdivision plat, annexation plat, development agreement or other instrument or in a form acceptable to the City and shall be recorded in the office of the County Clerk and Recorder.

(b)

Certification of permanent BMPs. Prior to final acceptance of a project, all applicants are required to submit "as-built" plans for any permanent BMPs after final construction is completed, and the plans must be certified by a Colorado licensed professional engineer. A final inspection by the City is required before the release of any performance securities can occur.

(c)

Ongoing inspection and maintenance of permanent BMPs.

(1)

Maintenance agreements. The owner of the site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the City, execute an inspection and maintenance agreement that shall be binding on all subsequent owners of the permanent BMPs.

(2)

Long-term inspection of permanent BMPs. Permanent BMPs included in a final construction plan, which are subject to an inspection and maintenance agreement, must undergo ongoing inspections to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan and this Article.

(Ord. 02-11 §2, 2011)

(a)

As a condition for the issuance of any permit pursuant to this Article, the applicant shall be required to provide security in the form of an irrevocable letter of credit in a form acceptable to the City Attorney. The amount of the security shall be as set forth in the City's Fee Schedule as adopted by the City Council from time to time.

(b)

The security shall be released upon the City's determination that the permittee has successfully completed all required work and met all other requirements of this Article within the time limits specified or, if no time limit is specified, within one (1) year of the date of issuance of the permit.

(c)

If the permittee does not successfully complete all required work or violates any requirement of the permit or this Article, the City may take corrective measures and charge the costs of such to the permittee. Such costs shall include the actual cost of any work deemed necessary by the City plus reasonable administrative and inspection costs and penalties pursuant to the City's stormwater quality enforcement policy. If the total of such costs exceeds the security, the permittee shall be responsible for payment of the remaining balance within thirty (30) calendar days of receipt of an accounting of such from the City.

(d)

Upon final inspection and issuance of a certificate of completion by the City, the security shall be released.

(Ord. 02-11 §2, 2011; Ord. 10-14 §12, 2014)

(a)

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article. Any person who violates any of the provisions of this Article shall be subject to one (1) or more of the enforcement actions outlined in this Section.

(b)

In the event the violation constitutes an immediate danger to public health or public safety, the City Manager or the Manager's designee is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property.

(c)

Cost of abatement of the violation.

(1)

If the City abates a violation, then within ten (10) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs, by personal delivered or by mail to the last known address of the owner as shown in the records of the County Assessor. The notice shall be effective upon the date of mailing or personal delivery. The property owner may file a written protest objecting to the amount of the assessment within ten (10) days of the effective date of the notice.

(2)

If no protest is filed, then the charges shall become due and payable on the date set forth in the notice, which date shall be after the expiration of the time in which to file an appeal, and such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

(3)

In the event a protest is filed, a hearing on such protest shall be held before the City Manager or the Manager's designee within fifteen (15) days from the date of receipt of the written protest. If any charges are upheld upon completion of such hearing, then such charges shall become due and payable ten (10) days after the issuance of the order upon such protest and, if not timely paid, such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

(4)

If the amount due is not paid within ten (10) days of the decision of the City Manager or the Manager's designee or the expiration of the time in which to file an appeal under this Section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The assessment shall be certified by the Finance Director to the office of the County Treasurer for collection in the same manner as the collection of general property taxes.

(d)

Stop work order. Whenever the City Manager or the Manager's designee determines that any activity is occurring which is not in compliance with the requirements of this Article, the City Manager or the Manager's designee can order the activity stopped upon service of written notice upon the responsible owner and/or operator. The owner and/or operator shall immediately stop all activity until authorized in writing by the City to proceed. If the owner and/or operator cannot be located, the notice to stop shall be posted in a conspicuous place upon the area where the activity is occurring and shall state the nature of the violation. It shall be unlawful for any owner and/or operator to fail to comply with a stop work order.

(e)

Criminal penalties; enforcement costs. It is unlawful and an offense for any person to violate or permit or cause violation of this Article or of the provisions of any permit issued under this Article. Violators are subject to the penalties set forth in Section 1-4-20 of this Code. Each day or part of a day any violation occurs or continues is a separate offense.

(f)

Violations deemed a public nuisance. Any condition caused or permitted to exist in violation of any of the provisions of this Article is a threat to public health, safety and welfare, and is declared and deemed a public nuisance. Any court of competent jurisdiction shall enjoin violations of this Article, upon proof of such violations.

(g)

Remedies not exclusive. Except as expressly provided above, the remedies in this Article are cumulative and the exercise of any one (1) or more remedies shall not prejudice any other remedies that may otherwise be pursued for a violation of this Article. The remedies listed in this Article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.

(Ord. 02-11 §2, 2011)