This shall apply to land-disturbing activities undertaken by any person, with the following exclusions:

A.

Those undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to: forage and sod crops, grain and feed crops, dairy animals and dairy products, poultry and poultry products, livestock, including beef cattle, sheep, swine, horses, ponies, mules, goats, including the breeding and grazing of all such animals, bees and apiary products, fur animals; and

B.

Those undertaken on forest land for the production and harvesting of timber and timber products; and

C.

Land-disturbing activity over which the state by statute has exclusive regulatory jurisdiction, which are those;

1.

Conducted by the state,

2.

Conducted by the United States,

3.

Conducted by persons having the power of eminent domain,

4.

Conducted by local government,

5.

Licensed by the state or the United States,

6.

Funded in whole or part by the state or the United States. (Ord. 709-1997 § 1(part))

A.

Plan Required.

1.

No person shall initiate any land-disturbing activity which disturbs seven thousand five hundred square feet or more without having an erosion control plan approved by the city of Woodland Park. Erosion control plan submission may be waived for land-disturbing of less than one acre but greater than seven thousand five hundred square feet by the city of Woodland Park planning department, or its designee.

2.

No person shall initiate any land-disturbing activity for the purpose of constructing a road without having an erosion control plan approved by the city of Woodland Park.

B.

Protection of Property. Persons conducting any land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.

C.

The city reserves the right to require preparation and approval of an erosion control plan in any instance where control measures are deemed necessary by the city engineer.

D.

More Restrictive Rules Shall Apply. Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision shall apply. (Ord. 709-1997 § 1(part))

The basic control objectives which are to be considered in developing and implementing an erosion and sedimentation control plan are to:

A.

Identify Critical Areas. On-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive special attention.

B.

Limit Time of Exposure. All land-disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time.

C.

Limit Exposed Areas. All land-disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time.

D.

Control Surface Water. Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss from the site during the period of exposure.

E.

To prevent unnecessary removal of native trees by identifying land disturbance areas at planning stages. (Ord. 709-1997 § 1(part))

No land-disturbing activity subject to the control of this chapter shall be undertaken except in accordance with the following mandatory standards:

A.

Buffer Zone. No land-disturbing activity shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five percent of the buffer zone nearer the land-disturbing activity.

B.

Graded Slopes and Fills. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will within thirty working days of completion of any phase of grading, be planted or otherwise provided with groundcover, devices or structures sufficient to restrain erosion.

C.

Groundcover. Whenever land-disturbing activity (i) is on an area of seven thousand five hundred square feet or more, or (ii) involves the construction of a public road, the person conducting the land-disturbing activity shall install such sedimentation and erosion control devices and practices as sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a groundcover sufficient to restrain erosion after completion of construction or development within thirty working days, weather permitting or no later than one hundred twenty calendar days following completion. For areas disturbed in the construction of any public road, (all side ditches, cut slopes, fill slopes, shoulders, etc.), a permanent groundcover shall be required immediately upon completion of final grade.

D.

Prior Plan Approval. No person shall initiate ground disturbing activity in an area comprising seven thousand five hundred square feet or more is to be stripped of vegetation or stockpiling of soil materials unless, as specified in Section 18.40.140(B), prior to initiating the activity, an erosion and sedimentation control plan for such activity is filed with and approved by the city of Woodland Park, or unless the requirement for such plan has been waived as specified in Section 18.40.020(A)(1). (Ord. 709-1997 § 1(part))

Erosion and sedimentation control measures, structures, and devices shall be so planned, designed, and constructed as to provide protection from the calculated maximum peak rate of runoff from the five-year storm. Runoff rates shall be calculated using the procedures in the USDA, Soil Conservation Service's "National Engineering Field Manual for Conservation Practice," or other acceptable calculation procedures. (Ord. 709-1997 § 1(part))

A.

Intent. Stream and watercourse banks and channels downstream from any land-disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land-disturbing activity.

B.

Performance Standard. The land-disturbing activity shall be planned and conducted such that the velocity of stormwater runoff in the receiving watercourse at the point of discharge resulting from a five-year storm after development. (Ord. 709-1997 § 1(part))

When the person conducting the land-disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained shall be considered as part of the land-disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land-disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered a separate land-disturbing activity. (Ord. 709-1997 § 1(part))

Temporary access and haul roads, other than public roads, constructed or used in connection with any land-disturbing activity shall be considered a part of such activity, and are subject to the requirements which pertain to road building as set forth in this chapter. (Ord. 709-1997 § 1(part))

Land-disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disturbance of the channel. The relocation of a stream, where relocation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes in the stream flow characteristics, except when justification for significant alteration to flow characteristics is provided. (Ord. 709-1997 § 1(part))

During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this chapter or any order adopted pursuant to this chapter. After site development, the land owner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency. (Ord. 709-1997 § 1(part))

Whenever the city determines that significant off-site sedimentation is occurring as a result of a land-disturbing activity, despite application and maintenance of protective practices, the person conducting the land-disturbing activity will be required to and shall take additional protective action. (Ord. 709-1997 § 1(part))

A.

All unvegetated areas existing on the effective date of the ordinance codified in this chapter which resulted from land-disturbing activity, of seven thousand five hundred square feet or more, are subject to continued accelerated erosion, and are causing off-site damage from sedimentation shall be provided with a groundcover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off-site sedimentation.

B.

The city will serve upon the landowner a written notice of violation by registered or certified mail, return receipt requested, or other means. The notice will set forth the measures needed to comply and will state the time within which such measures need to be completed. In determining the measures required and the time allowed for compliance, the authority serving notice shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance.

C.

The city reserves the right to require preparation and approval of an erosion control plan in any instance where extensive control measures are required.

D.

This rule shall not require groundcover on cleared land forming the future basin of a planned reservoir or retention or detention facility. (Ord. 709-1997 § 1(part))

A.

No person shall undertake any land-disturbing activity subject to this chapter without first obtaining a grading permit from the city of Woodland Park planning department, except that no permit shall be required for the following land-disturbing activities:

1.

Those done for the purpose of fighting fires,

2.

The stock piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damages,

3.

Land-disturbing activities that do not exceed seven thousand five hundred square feet in surface area. All surface area disturbed as a result of road building, temporary or permanent, shall be considered as part of such activities. In determining the area, contiguous lands under one or diverse ownership being developed as a unit will be aggregated.

B.

Fees for permits may be established from time to time by resolution of the city of Woodland Park city council.

C.

A grading permit once approved is valid for a period of one year. (Ord. 709-1997 § 1(part))

A.

An erosion control plan shall be prepared for all land-disturbing activities of seven thousand five hundred square feet or more, or if construction of a road, either temporary or permanent is part of the land-disturbing activity. For land disturbing activity of seven thousand five hundred square feet or more having no proposed road construction, the city of Woodland Park planning department may waive the submission of an erosion control plan if, upon site inspection a determination is made that the site does not have the potential to cause erosion or off-site damage. However a plan is required for all land-disturbing activity, (i) involving one acre or more, or (ii) involving the construction of any public road, or (iii) any commercial construction.

B.

Persons conducting land-disturbing activity which covers seven thousand five hundred square feet or more except as specified above or involves road building shall file one copy of the erosion control plan with the city at least ten working days prior to beginning such activity. If the city, either upon examination of submitted plan or an inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, the city will require a revised plan. Pending the preparation of the revised plan, work shall continue only under conditions outlined by the city engineer.

C.

Erosion control plans may be accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land-disturbing activity or his attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents.

D.

The city will review each plan submitted to it and will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to approve or disapprove, as specified in subsection B of this section, a complete erosion and sedimentation control plan shall be deemed as approval of the plan. Denial of a plan must specifically state in writing the reasons for denial. The city must approve or deny a revised plan within ten working days of receipt, or it is deemed to be approved. If, following commencement of a land-disturbing activity pursuant to an approved plan, the city determines that the plan is inadequate to meet the requirements of this chapter, the city may require such revisions as are necessary to comply with this chapter.

E.

The plan required by this chapter shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this chapter. Plan content may vary to meet the needs of specific site requirements.

F.

Applications for amendment of an erosion control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the city the land-disturbing activities shall not proceed except in accordance with the erosion control plan as originally approved.

G.

Any person engaged in land-disturbing activities who fails to file a plan in accordance with this chapter, or who conducts a land-disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of this chapter. (Ord. 709-1997 § 1(part))

A.

If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a notice of violation shall be served upon that person by registered or certified mail or other means. The notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in enforcement action as specified in the notice as allowed pursuant to this chapter. If the person engaged in land-disturbing activity fails to comply within the time specified, enforcement action shall be initiated.

B.

The city of Woodland Park shall have the power to conduct such investigation as it may reasonably deem necessary to carry out its duties as prescribed in this chapter. No person shall refuse entry or access to any authorized representative or agent of the city who requests entry for purposes of inspections, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out their official duties. (Ord. 709-1997 § 1(part))

The city planning department may revoke and require the return of any permit by giving written notice to the permit holder, stating the reasons for revocation. Permits shall be revoked for any substantial departure from the approved application of plans and specifications, for refusal or failure to comply with the requirements of any applicable state or local laws or local ordinance or regulation, or for false statements or misrepresentations made in securing a permit. A permit mistakenly issued in violation on an applicable state or local law also may be revoked and revised and may be null and void upon its issuance. (Ord. 709-1997 § 1(part))

No permits for any building or structure shall be issued upon any land requiring submission of a soil erosion control plan and issuance of a grading permit until such plan is submitted and permit issued. (Ord. 709-1997 § 1(part))

A.

The applicant for a permit, may, prior to commencing any land-disturbing activity, be required to file with the city of Woodland Park an improvement security in the form of an escrow account, surety bond, irrevocable letter of credit, or other undertaking satisfactory to the city, in an amount deemed sufficient by the city engineer to cover all costs of protection or other improvements required to establish protective cover on the site in conformity with this chapter. Such security shall remain in force until the improvements are completed in accordance with the approved plan and said improvements are finally inspected and approved as set out in subsection B of this section.

B.

Upon completion of the improvements as required by this chapter, written notice thereof shall be given by the applicant to the planning department and the department shall cause an inspection of the improvements to be made and, if approved, shall within thirty days of the date of notice authorize in writing the release of the security given, provided that the improvements have been made in accordance with the approved plan and this chapter.

C.

The security shall be forfeited upon violation of this chapter and shall be used to bring the site into conformance with the grading standards and establish protective cover on the site. Any moneys in excess of the cost for these improvements shall be refunded. (Ord. 709-1997 § 1(part))

Any person who knowingly or wilfully violates any provision of this chapter, or rule or order adopted or issued pursuant to this chapter or who knowingly or wilfully initiates or continues a land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a misdemeanor punishable by imprisonment not to exceed one year, or by a fine not to exceed one thousand dollars or both, in the discretion of the court. (Ord. 709-1997 § 1(part))